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A43880 Historical collections, or, A brief account of the most remarkable transactions of the two last Parliaments consisting of I. The speeches, votes, accusations, addresses, and article of impeachment, &c., II. The bills of association, exclusion, and repeal of 35 Eliz. &c., III. The several informations, messages, narratives, orders, petitions, protestation of the Lords, and resolves of both Houses, etc., IV. The tryal and sentence of William Howard Lord Viscount of Stafford in Westminster Hall, his speech and execution on the scaffold at Tower Hill with many other memorable passages and proceedings of the two last Parliaments, held and dissolved at Westminster and Oxford, V. A perfect list of each Paraliament, VI. His Majesty's declaration, shewing the causes and reasons that moved him to dissolve the two last Parliaments. 1682 (1682) Wing H2100; ESTC R32032 89,184 314

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above all the Treasure in the World was a perfect Vnion at home as being that which onely could restore the Kingdom to that Strength and Vigour which it seem'd to have lost All Europe he told them had their Eyes upon that Assembly so that a Misunderstanding of each other would render the Friendship of England unsafe to trust to Lastly he exhorted them to take care not to gratifie the publick Enemy and discourage their Friends by unseasonable disputes which if they should happen the world would see it was no fault of his who had done what was possible for him to do to keep them in peace while he liv'd and to leave them so when he dy'd Concluding that from their prudence and good affections he could fear nothing of that kind but that he rely'd upon them that they would use their best endeavours to bring the Parliament to a happy conclusion Having so done he commanded the Commons to return to their House and make choice of their Speaker Fame Did the Lord Chancellor make no Speech at all Truth Not this time Fame Do ye know the Reason Truth Not I but onely by conjecture which has no place in this Rehearsal Fame Then Proceed Truth So soon as the Commons were returned to their House a Motion was made That William Williams Esq might be elected Speaker Which was presently resolv'd Nemine Contradicente Mr. Williams being thus chosen modestly at first excus'd himself telling the House That he needed not to reckon up his Infirmities which were better known to many of the Members than to himself That as they had experience of his unfitness for their Service so they had sufficient Demonstrations of the aptness of other Members then present That the Choice of a Speaker was the Effect of much time and consideration and that it would be no excuse for them to say They had not time for deliberation in so great a Matter and therefore since they had time a more deliberate Election would be expected from them That the security of the Protestant Religion the safety of the King and Kingdom and the preservation of the Justice of the Land were the Grand Affairs in prospect enough to prevail with them to depart from their first Intentions of the Honour propos'd to him that day Acknowledging himself to be sufficiently honour'd with the proposal alone For which reasons he desir'd them not onely for his own sake but for their Honour to proceed to the Election of another Person more proper for their Service and to leave him in that place where his Country had seated him But this excuse being rejected by the House he was by two of the Members conducted to the Chair where being seated he again spoke to this Effect That he trembled to reflect under what difficulties experienc'd learned and wise men had labour'd in that Chair Yet that he was not terrified with the Presidents of those who had impared their Estates and Healths therein nor of those who had lost their lives in the Service as being Sacrifices he owed his Country But when he consider'd that some Gentlemen had maim'd their Reputations in their Trusts those were the thoughts that wounded him most deeply and would yet strike deeper did not they that call'd him thither stand by him to support him in all the difficulties of the Place He farther acknowledg'd that he held the place by their courtesie and during their pleasure and that if he fell he fell into the hands of Gentlemen that made him what he was in their Service Concluding That he was theirs alone and their own intirely placed in their Service without seeking or recommendation and that he expected no Boon but by their Grace and Favour to depart as he came when they should please to command him The Ceremony of the Election being thus over the House was inform'd that his Majesty had appointed the next day at three a Clock for the Members to present their Speaker which made them adjourn till the next day in the Afternoon The day following being the twenty Second of October the House met again in the Afternoon at what time a Message was deliver'd them by the Usher of the Black Rod commanding them to attend his Majesty in the House of Peers Thereupon the House attended accordingly and humbly presented their Speaker to his Majesty who presently made claim according to Custom in the Name of the Commons of England in Parliament assembled of the ancient Rights of the Commons for them and their Servants in their Persons and Estates to be free from Arrests and other disturbances to have freedom and liberty of Speech in all their Debates and to have access to his Majesties Person as occasion should require All which was allowed by the King Being return'd to the House the Speaker took the Chair and having made report of what had been done the House adjourn'd till Monday following Fame Hitherto I hear of nothing of Business Truth No more then what I tell you for it was necessary that these matters of Form and Ceremony should be first dispatch'd Besides that by these Acts of Condescension in the one and Homage in the other the King asserted his Prerogative and the People by their Representatives acknowledg'd their Subjection Fame I am satisfi'd go on to the next Truth On Monday then being the twenty fifth of October both Houses being met again the first thing that found the Commons work was a Message from the Peers by the Lord C. J. Schroggs and the Lord C. J. North acquainting them that they had made an Address to his Majesty and had received his Majesties Answer thereunto which they thought fit to communicate The Address which was deliver'd to his Majesty by the Lords attending him with their White Staves was to this Effect That whereas there had been a discovery made of a horrid Conspiracy by the Papists against his Majesties Person and Government which still continued that his Majesty would be Graciously pleased to issue out his Royal Proclamation that all Persons who within two Months after the date of the same should come in and give Evidence of any Treason or Conspiracy against his Majesties Person and Government should have a full Pardon for all such Treasons Misprisions and all Offences of Concealment to the time limited by the said Proclamation To which his Majesties Answer was to this Effect That having consider'd of the said Address and being willing to encourage the discovery of any Treasons and Conspiracies as aforesaid he would issue forth his Proclamation accordingly and pardon all such Discoverers according to the desires of the Address Tuesday 26. of October the Commons fell upon the Regulation of Elections of Members to serve in Parliament and appointed a Committee to draw up a Bill or Bills as they should see cause for that purpose more especially to take care to insert a Clause that an Action of the Case might be brought and maintain'd for Damages sustain'd by undue Returns
found by the Examination of Sir Robert Atkins that at Dinner at the Old Baily Sir Robert Clayton being Mayor he had openly condemn'd petitioning for Parliaments as Factious and tending to Rebellion which the Lord Mayor justifying as the Right of the Subject put the C. J. into a very great Passion That at the Summer Assizes at Monmouth Mr. Arnold Mr. Price and Mr. Bedloe being in Company he fell very severely in publick upon Mr. Bedloe to to the disparagement of his Evidence and upon Sir Robert's defending Mr. Bedloe he fell into a passion and said he believ'd Mr. Langhorn died innocently These things being reported to the House the House confirm'd the Resolutions of the House in each particular and order'd an Impeachment against Baron Weston and Judge Jones for his illegal proceedings against Mr. Dare at Somerset Assizes Fa. Well but those were things only order'd Come now to the Articles against my L. C. J. which you say were perfected and drawn into Form Tr. The Articles against Sir W. Scroggs were eight in all 1. That being Chief Justice of the King's Bench he had endeavor'd to subvert the Fundamental Laws and the Establish'd Religion and Government of the Kingdom and to introduce Popery and Arbitrary Government 2. That contrary to his Oath taken duly to administer Justice he had discharg'd the Grand Jury for the Hunder'd of Ossulston before they had made their Presentments or found the Bills of Indictment that were before them contrary to the known course of the said Court by which illegal Discharge the Presentments of many Papists and other Offenders were obstructed and a Bill against the D. of Y. for not coming to Church was prevented from being proceeded against 3. That he had caus'd an illegal and arbitrary Rule to be enter'd into the Kings Bench against the Printing of the Weekly Pacquet of Advice from Rome or the History of Popery wherin the Cheats and Superstitions of the Church of Rome were from time to time expos'd to the manifest countenancing of Popery and Discouragement of Protestants 4. That he had most notoriously departed from all Rules of Justice and Equality in the imposition of Fines upon persons convicted of Misdemeanors 5. That he had frequently refus'd to accept of Bail though sufficient and legally tender'd him by several persons accus'd before him for Crimes which were Bailable by Law several of the said persons being only accus'd of Offences against himself declaring at the same time that he refus'd Bail and commited them only to put them to Charges 6. That he had granted divers General Warrrants for attacquing the persons and seizing the Goods of his Majesties Subjects not nam'd or particularly describ'd in the said Warrants by means wherof their Houses have been enter'd their persons opprest contrary to Law 7. That tho' he had Try'd and Condemn'd several of the Offenders in the late horid Horid Popish Plot for murdering the King c. Yet he had at divers times and places openly defam'd and scandaliz'd several of the Witnesses who had prov'd the Treasons of the Conspirators by which means he did as much as in him lay endeavor to suppress and stifle the Discovery of the said Plot. 8. That his frequent and notorious Excesses and Debaucheries and his prophane and Atheistical Discourses were a daily affront to God a dishonor to his Majesty and gave Countenance to all manner of Vice and Wickedness Thereupon it was pray'd that the said Sir William Scroggs might be put to answer the Premisses and be in the mean time committed to safe Custody But the Crimes objected against him not being look'd upon as Capital he was Bail'd by the Earl of Dorset and Middlesex and the Lord Hatton who became Security for his Forth-coming during which time his Lordship ceas'd to act in his Place or to appear in Westminster Hall as Chief Justice Tuesday the 4 th of January Sir William Temple delivered a Message from his Majesty to the House in answer to their last Address to this Effect That he had received their Address with all the disposition they could wish to comply with their reasonable Desires but that he was sorry to see their Thoughts so wholly fix'd upon the Bill of Exclusion as to determine all other Remedies for the suppressing of Popery ineffectual but that he was confirm'd in his Opinion against it by the Judgment of the Lords who had rejected it and that therefore there remain'd nothing more for him to answer but to recommend to them all other means for the preservation of the Protestant Religion in which they could have no reason to doubt of his Concurrences when they shall be presented him in a Parliamentary way As also to consider the present State of the Kingdom as well as the condition of Christendom so as to enable him to secure Tangier and secure his Alliances abroad The same morning a Message was sent from the Lords to acquaint the House with a Vote which they had pass'd declaring that they were fully satisfied that there was and for divers years had been a horrid and Treasonable Plot and Conspiracy carried on by the Popish Party in Ireland for Massacring the English and Subverting the Protestant Religion and the Establish'd Government of that Kingdom Wednesday the 5 th of Jan. pass'd without any thing remarkable to our purpose The next day being Thursday the 6 th of Jan. the E. of Tyrone being order'd to be impeach'd of High Treason the Lord Dursley was order'd to go up to the Bar of the House and perform the Commands of the House and to pray that he might be committed to safe Custody Friday the Articles of Impeachment against Sir William Scroggs were carried up to the Lords by the Lord Cavendish The same Morning the House taking into consideration his Majesties last Message made several Resolves 1. That there was no Security for the Protestant Religion the King's Life or the Establish'd Government of the Kingdom without passing a Bill for disabling the D. of Y. to Inherit the Imperial Crown of England and Ireland c. And that to rely upon any other means or Remedies was not only insufficient but dangerous 2. That unless a Bill were pass'd for Excluding the D. of Y. the House could not give any Supply to his Majesty without danger to his Majesties Person the hazard of the Protestant Religion and Breach of Trust in them to the People 3. That they who had advis'd the King to insist upon an Opinion against the Bill had given him pernicious Counsel and were promoters of Popery and Enemies ●o the King and Kingdom 4. That it was the Opinion of the House that the E. of Hallifax the Marguess of Worcester and the E. of Clarendon were the persons that gave the King that pernicious Advice And that therefore an Address should be made for their Removal from the King's Person and Presence and from their Offices and Employments The Earl of Feversham was also voted a promoter
Subscriptions to a Petition for sitting of the Parliament and that the said Examination was sent up to the Council and Exhibited in charge as an Article against the said Mr. Arnold and Prosecuted by Thomas Herbert Esq The House order'd That the said Mr. Tho. Herbert should be sent for into Custody They also Voted Mr. Thomas Staples and Sir Thomas Holt Serjeant at Law for the same offence guilty of betraying the rights of the Subject and order'd them to be sent for in Custody likewise to answer at the Bar for the Misdemeanours they had Committed The same day Mr. Treby acquainting the House that he had made an Abstract in writing of several Letters and Papers relating to the Plot it was order'd that the said Letters and Papers should be Printed and that Mr. Treby should take care therein These Letters were soon after Printed and Contain'd several Correspondencies between Coleman and the King of France's Confessour the Popes Internuncio the Late Earl of Berkshire St. Germaine Father Sheldon all Agitators and busy Sticklers for the Plot and the D. of Torks Interest Together with several Instruments and Priviledges granted by the Pope to the English and Scotish Roman Catholicks and Proselytes found in the hands of the Five Jesuits and Mr. Daniel Arthur Fame But what was contain'd in all those Letters For I find them to be a great many Truth In the first place a continu'd Intelligence of the Transactions and Proceedings of the Popish Party In the next place a plain discovery of the Negotiations and Correspondency of the Duke with the Pope the Emperour and the King of France And lastly frequent importunities for Mony and other Assistances for the Duke to carry on his most important designs which were to make himself Master of the King and prevent the sitting of Parliaments Sir Gilbert Gerard then acquainted the House that he had Articles of High Crimes and Misdemeanours against Edward Seymour Esq a Member of the House which he gave in at the Clerks Table Upon which the House order'd Mr. Seymour a Copy of the Articles and prefix'd him a day to make his defence Fame Were there no Bills brought into the House all this while Truth There were several under debate and preparation But because they never came to perfection I shall only content my self to give you a List of them at the latter end of the Book which will be sufficient to shew you what was really intended And so I come to Munday the Twenty second of November Upon which day the most remarkable Occurrences were his Majesties Answers to the Addresses of the House First in behalf of Mr. Zeale to which his Majesty was pleas'd to Condescend in reference both to his Pardon and Allowance Secondly in behalf of all those for whom Application had been made that their Pardons should be general for all Crimes and Misdemeanours whatsoever without Limitation To which his Majesty return'd for Answer That he would Pardon them for all Treasons Misprisions Felonies and Outlaries after Treason or Felony and give order that a Noli prosequi should be enter'd to stop all Prosecutions against them for all Crimes and Misdemeanours whatsoever But that his Majesty apprehended there might be some Inconveniency in granting Pardons so general as was then desir'd However rather than the Tryals should be hinder'd or Prejudic'd he would give such order as should be agreeable to Justice Tuesday the Twenty third of November the Address for appointing a publick fast and day of Humiliation through the whole Kingdom was reported and agreed to and confirm'd by the Concurrence of the Lords The same day several Persons who had been of the Grand-Jury the last Trinity Term for the County of Middlesex being called in gave an accompt of the Proceedings of the Court of Kings Bench in Reference to the discharging of Grand-Juries Other Persons being call'd in gave an accompt of the Charge given by Baron Weston the last past Summer Assizes for the County of Surrey Upon the debate of which two Informations it was resolv'd Nemine Contradicente That the discharging of a Grand-Jury before the end of a Term Assizes or Sessions while business was depending before them was Arbitrary Illegal contrary to the Judges Oaths and tending to the Subversion of the Fundamental Laws of the Kingdom and that therefore a Committee should be appointed to Examine the Proceedings of the Judges in Westminster Hall and report their Opinions The next day being Wednesday the Twenty fifth of this Month an Address was resolv'd upon to desire his Majesties favour that all Dissenters prosecuted upon the penal Statutes of Queen Elizabeth and King James against Popish Recusants might be admitted to a Composition in the Exchequer without Paying Fees The Attorney General being then call'd in and Examin'd in reference to the Proclamation against Tumultuous Petitioning and declaring that Sir Francis North was advising and assisting in the drawing up and passing the said Proclamation It was thereupon resolv'd Nemine Contradicente That the Evidence given against Sir Francis North was a Sufficient ground for the House to proceed against him upon an Impeachment for High Crimes and Misdemeanours And order'd the Committee appointed to Examine the proceedings of the Judges to draw up an Impeachment accordingly Thursday the Twenty fifth of November nothing in the morning was done Conducing to the Series of this Relation only that the Undersheriff of Norfolk being complain'd against was order'd to be sent for to answer several abuses and miscarriages laid to his Charge But in the Afternoon according to Appointment the House attended his Majesty in the Banqueting House with their Address for a Publick Fast to this Effect That being deeply sensible of the sad and Calamitous Condition of the Kingdom occasion'd by the Impious and Horrid Conspiracies of the Popish Party still persisting in the same detestable Machinations notwithstanding the many discoveries by Gods mercy and Providence brought to light which impending judgment not being otherwise to be prevented but by Gods particular blessing upon his Majesties Great Council the Parliament they did in all Humility beseech his Majesty that a day might be solemnly set apart by his Royal Proclamation to the end that by Fasting and Prayer the Goodness and Power of God might be implor'd to divert his Judgements and defeat the Wicked Counsels and devices of the Enemies To which his Majesties Answer was That he would give order for a Day of Humiliation as was desired Friday the Twenty eighth of November his Majesty return'd his Answer in the behalf of the Protestant Dissenters That they should be discharg'd and that without Fees as far as might be done according to Law and that they should be recommended to the Judges The same day the House resum'd the debate relating to the Impeachment of Mr. Seymour and at length resolv'd That there was matter sufficient in the Four Articles upon which to Impeach him Whereupon an Impeachment was drawn up to this Effect That
they return'd and the Judges according to Directions deliver'd their Opinions in order That if there were several Overt Acts which were Evidences of the same Treason if there were one Witness to prove one Overt Act at one time and another Witness to prove another Overt Act at another time both the Acts being Evidences of the same Treason they were two sufficient Witnesses of the same Treason and would maintain an Indictment or an Impeachment of Treason To the First it was answered That as to the hiring of the Witnesses to swear it could be no point of Law till the Fact be prov'd that His Majesties Grace and Bounty to his Witnesses was no Objection to their Testimony when every private person allows his Witnesses a Maintenance without prejudice to his Cause Neither would he tax the House of Commons who were the Prosecutors as his Lordship had prov'd to their Advantage against himself After this the House adjourn'd and appointed the Prisoner to be brought up again on Monday by Ten of the Clock The Sixth Day being Monday December 6. The Prisoner being again brought to to the Bar a Petition was read which he had presented to the House of Peers That whereas he had something to offer to their Lordships to clear himself he therefore besought their Lordships that he might offer some Things to their Lordships Consideration When he came to be heard they were only the same Objections somewhat varied which he offer'd the day before viz. Whether an Impeachment were to be prosecuted in Parliament without an Indictment Whether words did amount to an Overt Act and whether two Witnesses in several places did amount to a Legal Testimony Upon which being ask'd by the High Steward whether he had any thing more to say He went on again with new Repetitions That he had not been prov'd a Papist that he hop'd he had clear'd his Innocency by making appear the Perjury of the Witnesses Then as if he had intended to make a kind of a Discovery he told a long Story That he believ'd that ever since the Reformation the Papists had had several wicked Plots and Designs as Babington's and the Earl of Westmerland's Plot in the Reign of Queen Elizabeth the Lord Grey's Lord Cobham's and Lord Brooks's in the Reign of King James That he did believe that Coleman's endeavouring by Money out of France to keep off Parliaments was that which he could not justifie by Law and he did believe by the same Letters that some Consultations had been had for a Toleration and that if he had known as much then as he did since he might have prevented many things Then he fell again to his points of Law and a third Repetition of his former Objections against the Witnesses and at last concluded with an Application to the Lords courting their Consideration of his Innocence and giving them to understand the great Confidence he had of their Justice and Impartiality Being ask'd again whether he had done He would fain have prevail'd again for his Council to have been heard upon the points of Law before-mentioned But the Managers of the Tryal replied That there was nothing that deserv'd an Answer that there had been nothing offer'd new but what had been over-rul'd already unless it were a point of Law that arose upon matter of Fact not prov'd That the last day all had been said by his Lordship that he had to say and therefore to begin the matter again was a thing not to be admitted After which the Court adjourn'd The Seventh Day being Tuesday December 7. The Lords took their Places in Court at what time the Lord High Steward attended by Garter Principal King at Arms the Usher of the Black Rod collected the Verdicts of the Lords beginning with the Youngest Baron the Prisoner being absent The Names of the Lords that found the Prisoner Guilty LOrd Crew Lord Cornwallis Lord Rockingham Lord Astley Lord Leigh Lord Herbert of Cherbury Lord Howard of Escriek Lord Maynard Lord Lovelace Lord Grey of Wark Lord Brook Lord Chandois Lord North and Grey Lord Paget Lord Wharton Lord Eure Lord Cromwell Lord Conyers Lord Viscount Newport Lord Viscount Falconberge Earl of Conway Earl of Macclesfield Earl of Sussex Earl of Guilford Earl of Shaftsbury Earl of Burlington Earl of Carlisle Earl of Essex Earl of Scaresdale Earl of Sunderland Earl of Winchelsea Earl of Stamford Earl Rivers Earl of Mulgrave Earl of Barkshire Earl of Manchester Earl of Westmerland Earl of Clare Earl of Bristoll Earl of Northampton Earl of Leicester Earl of Bridgewater Earl of Salisbury Earl of Suffolk Earl of Bedford Earl of Huntington Earl of Kent Earl of Oxford Duke of Monmouth Duke of Albemarle Duke of Buckingham Lord Privy Seal Lord President Lord High Steward Duke of Cumberland The Names of the Lords that found the Prisoner Not Guilty LOrd Butler of Weston Lord Arundel of Trerice Lord Hollis Lord Wootton Lord Lucas Lord Ward Lord Byron Lord Hatton Lord Drincourt Lord Norreys Lord Windsore Lord Ferrers Lord Morley Lord Mowbray Earl of Berkley Earl of Hallifax Earl of Feversham Earl of Alisbury Earl of Craven Earl of Bath Earl of Clarendon Earl of St. Albans Earl of Thanet Earl of Chesterfield Earl of Carnarvan Earl of Peterborough Earl of Denbigh Earl of Rutland Lord Chamberlain Marquess of Worcester Duke of Newcastle Being thus found Guilty by the Surplusage of twenty four Voices the Prisoner was brought to the Bar and ask'd what he had more to say for himself why Sentence of Death should not be pronounced against him according to the Law To which he made Answer for respite of Judgment That he never saw any Tryal where the Party try'd did not hold up his Hand which he never was ask'd to do 2. That though he had been try'd by the Act of 25 Ed. 3. yet there being nothing more in that Act than what was included in the Act of the 13 th of this King he humbly conceiv'd that by that Act and the last Proviso in it a Peer that is found Guilty of the Crimes therein mentioned was only to lose his Seat in Parliament and that was to be all his punishment Which being all he had to say the Court adjourn'd into the Lords House at what time the Commons with their Speaker went to the Bar of the Lords and there in the Name of the Commons of England demanded Judgment against the Prisoner Whereupon the Lords took it into Consideration what Judgment was to be given Some Debate there was upon the Matter but at length the Judges being demanded gave in their Opinions That there was no other Judgment for Treason appointed by Law but to be Drawn Hang'd and Quarter'd The Attorney General also declared That any other Judgment would be prejudicial to his Majesty and be a Question in the Inferiour Courts as to his Attainder of High Treason Whereupon it was order'd by the Lords that the ordinary Judgment by the Law appointed in Cases of High
Advice or the History of Popery Thirdly That there had been a very great Latitude taken by the Judges in imposing Fines upon persons found guilty before them Particularly that John Brown of London Gentleman for publishing a Printed Book call'd The Long Parliament dissolv'd was fin'd a Thousand Marks bound to his good Behaviour for seven years and his Name struck out of the Roll of Attorneys without any Offence alleadg'd in his Practice For which fine not being able to pay it he lay in Prison three Years and tho' his Majesty was graciously pleas'd to pardon him and recommended him by his Warrant to be restor'd again to his place of Attorney yet he could not obtain his said Restauration from the Court of Kings Bench. Fa. Pray what was the great Crime which gave so great a Provocation Tr. A certain passage which seem'd to be a kind of Exhortation or rather a Memorandum as it were to the Parliament not to betray their Trusts to this Effect That no man ought to think it strange that it should be thought Treason for a Parliament to sit and act contrary to the Laws of the Land For that if in the first Parliament of R. 2. Grimes and Weston only for lack of Courage were adjudg'd guilty of High Treason for surrend'ring the Places committed to their Trust How much more the Parliament should they turn Renegadoes to the People that intrusted them surrender all the Legal Defence of the People of England their Lives Liberties and Properties at once c. 2. That John Harrington of London Gent. for speaking these words in Latin Quod nostra Gubernatio consistebat de tribus Statibus et si Rebellio eveniret in Regno et nec accideret contra omnes tres Status non est Rebellio was Fin'd 1000 l. bound to his good Behavior for 7 Years and to recant the words in open Court That Ben. Harris of London Stationer for Printing a Book call'd An Appeal from the Country to the City was Fin'd 500 l. to stand in the Pillory an Hour and to give Security for his good Behavior for 3 Years that the Lord C. J. Scroggs prest the Court that he might be publickly whipt but Judge Pemberton holding up his Hands in admiration of such a Severity Judge Jones pronounced the Sentence as before Fa. What was the Crime laid to the Charge of that Book Tr. This particular Passage We in the Country have done our parts in chusing for the generality good Members but if they must be dissolv'd or prorogu'd when ever they come to redress the Grievances of the Subject we may be pitied not blamed if the Plot take effect That notwithstanding the Severity of the Court in these Cases their Mercy and Compassion was extraordinary in others Particularly That Tho. Knox Principal in an Indictment of Subornation and Conspiracy against the Testimony of Dr. Oates for Sodomy and the Testimony of William Bedloe was only Fin'd 200 Mark a Year Imprisonment and security for the good Behavior for 3 years that Lane for the same Offence was only Fin'd 100 Marks Pillory'd for an hour and Imprison'd for one year That John Tasborough on an Indictment for Subornation of Stephen Dugdale tending to the Overthrow of the whole Plot though affirm'd to be a person of Quality was only Fin'd 100 l. Ann Price for the same Offence 100 l. Nathaniel Thompson and Will. Badcock for exhibiting a weekly Libel call'd The True Domestick Intelligence and known to be Popishly affected Fin'd only each of them 3 s. 6 d. Matthew Turner for vending and publishing a Book call'd The Compendium wherein the Justice of the Nation in the Tryals of the Conspirators even by some of those Judges themseves is highly arraign'd and the King's Evidence horribly aspers'd though known to be the Common notorious Bookseller about the Town Fin'd only a 100 Marks One Loveland upon an Indictment for a notorious Conspiracy and Subornation against the Life and Honour of the D. of Buckingham for Sodomy Fin'd only 5 l. and Pillory'd for an Hour Richard Christian Esq for the same Offence Fin'd 100 Marks and pillory'd for an Hour Arth. Obrian for the same offence fin'd only 20 Marks and pillory'd for an hour Whereupon it was the unanimous Opinion of the Committee that the Court of Kings Bench had acted arbitrarily illegally and partially in favoring Papists and Persons Popishly affected and oppressing his Majesties Protestant Subjects Proceeding farther they found that several of his Majesties Subjects had been Committed for Crimes Bailable by Law and that their Sureties though sufficient were refus'd Among the rest that Henry Care had been so refus'd the common Right of a Subject 2. That George Brown a Constable in London having Committed some of the L. C. Justice's Servants for great Disorders was seiz'd by a Tip-staff by the L. C. Justice's Warrant and committed to the Kings Bench tho' he tender'd two able Citizens and Common-Council-Men of London for his Bail 3. That Francis Smith Bookseller for Printing certain Observations upon Sir George Wakeman's Tryal was by the C. J. committed to the Kings Bench tho' he tender'd three sufficient Citizens for his Security That the said C. J. committed Jane Curtis a Feme Covert for publishing a Book call'd A Satyr against Injustice and tho' her Friends tender'd sufficient Bail he swore by the Name of God she should go to Prison and that he would shew her no more Mercy than they could expect from a Wolf that came to devour them That about the same time Edward Berry a Stationer in Greys Inn being accus'd for selling the Observations upon Sir George Wakeman's Tryal was committed by the said C. J. who said he should go to Prison tho' he tender a 1000 l. Security and that after he had got his Habeas Corpus he was forc'd to attend five Terms before he could be discharg'd Upon which it was the Result of the Committee that the refusing Bail where persons were Bailable by Law was illegal and a high Breach of the Liberty of the Subject After that the said Committee taking into Consideration an Information against Baron Weston they found by the Testimonies of John Colt Richard Mayo and John Peiron Gentlemen that the said Baron had us'd these following Expressions in his Charge at Kingston Assizes That Zuinglius set up his Fanaticism and that Calvin built upon that blessed Foundation And said he all his Disciples are season'd with such a sharpness of Spirit that it much concerns Magistrates to keep a strict hand over them And now they are restless amusing us with Fears and nothing will serve them but a Parliament c. Upon which the Opinion of the Committee was that the Expressions in the Charge given by Baron Weston were a Scandal to the Reformation in derogation of the Rights and Priviledges of Parliaments and tending to raise Discord between his Majesty and his People The Committee then falling again upon the Business of the L. C. J. Scroggs they