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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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a declaration of their Resolution to preserve and support the Kings Person and Government and the Protesstant Religion both at home and abroad The next Morning Sir Francis Withens appearing in his Place according to the Order made the day before the Clark of the Peace for Westminster was order'd to attend the next Morning with the Roll of Orders for the last Easter Sessions for the City of Westminster Fame What could that signifie Truth Thou mayst be sure they knew what they did Fame I guess the business Truth Why then dost interrupt me with thy Impertinencies Fame Thou knowest I was always guilty of that fault and cannot help it but prithee now go on Truth Having thus done with Sir Francis for that time they took Sir Robert Yeoman's and Sir Robert Can a Member of the House to task for that they in October 1679 had publickly declared that there was no Plot but onely a Presbyterian Plot. The words were attested by Mr. Rowe the Sword-bearer of Bristol and Sir John Knight a Member of the House also To which Sir Robert Can being called upon by the House to make his defence said little for himself but onely flung several reflecting and reproachfull expressions upon Sir Robert Can. For which as for an offence against good Manners he was presently order'd to receive a Reprehension from the Speaker upon his knees Nor was this all for Sir Robert being now withdrawn the House proceeded to take the matters charg'd against him into farther Consideration and after some time of debate resolv'd that it did appear by the Evidence given to the House that Sir Robert Can was guilty of the words before mention'd and order'd him as a Member of the House to be expel'd the House and committed to the Tower Whereupon he was presently call'd to the Bar and received the Judgement of the House upon his knees from the Mouth of the Speaker As for Sir Robert Yeomans he not being in Town was order'd to be sent for in custody of the Serjeant attending the House The next day being the twenty ninth of October as they had been severe in punishing so they they began to think of rewarding and order'd that Dr. Tongue should be humbly recommended by the House to his Majesty for the first considerable Church-preferment that should become void in the Kingdom and that such of the Members as were of the Privy Council should represent the same to his Majesty The same day the Address for the preservation and support of his Majesties Person and Government being prepar'd and finish'd was read in the House to this Effect That they did with most thankful hearts acknowledge not only his Majesties many former Royal Declarations of his adherence to the Protestant Religion but his farther Manifestation of the same in his Gracious Speech to both Houses at the opening of the Parliament And therefore as the Eyes of all the Protestants abroad were upon them and that looking upon his Majesty as the Royal Head of so many Protestant Countries they could not but hope that his Majesty would be the greatest Protection to them from whom the Kingdom has Reason to expect a Mutual Assistance as being invovl'd in the same Danger They did humbly assure his Majesty that they would be always ready to preserve his Majesties Person and Government and to support the Protestant Religion both at home and abroad Beseeching his Majesty to esteem those that should otherwise represent them to his Majesty as such who design'd to divide between the King and his People and defeat the meeting of Parliaments that the Popish designs might succeed Which has been made Evident by the Contrivance of a wicked design to transfer the Guilt of their own Crimes upon his Majesties Loyal Protestant Nobility and Gentry This Address being read and consented to by the whole House they proceeded to the business of Sir Francis Withens and to that purpose examin'd several Witnesses at the Bar. At length it appearing not onely by the Evidence but by the Confession of Sir Francis hmself that he had presented an Address to his Majesty expressing an abhorrency to Petition for the calling and sitting of Parliaments it was Resolv'd That he had betray'd the undoubted Rights of the Subjects of England And Sir Francis was order'd to be expell'd the House and received his Sentence upon his knees accordingly Saturday the thirtieth of October concluded the Parliamentary Transactions of this Month and little occurr'd but that Mr. Secretary Jenkins acquainted the House that his Majesty being attended by such of the Members as were of the Privy Council with the Address relating to Dr. Tongue was pleas'd to answer That he had already taken care of him and would also take him into his farther Consideration Then it was also that the Votes of the House were first order'd to be Printed being first perus'd and sign'd by the Speaker who had likewise Power to Nominate and appoint the Persons that were to Print the same The same day also Francisco de Feria deliver'd his Evidence at the Bar of the House concerning the Plot the Effect whereof in short was That being preferr'd to be Interpreter and Secretary of Languages to the Lord Gaspar Abrew de Freitas Embassador in Ordinary for the Prince of Portugal to the King of England That being in great Favour with the said Embassador he the said Embassador did entrust him with several of his Secrets and that at the Tryal of the five Jesuites being then private with his Lord the Embassador expresed much sorrow for the Oppression of the Catholicks and wish'd that Oates and Bedlow were made away and then told him that he might doe the Catholick cause great Service and might make his own Fortune if he would joyn in destroying Oates and Bedlow That 50000 Reales d' Ocho should be given for that piece of Service and that two sufficient Persons should be joyn'd with him to kill the said Oates and Bedlow That afterwards understanding that Bedlow was not dead in Ireland as had been reported the said Embassador renew'd his Sollicitations to him to kill Oates and Bedlow promising to make good the said sum of Money to him to pay his Debts and carry him into Portugal That the said Embassador tempted him to kill the Earl of Shaftsbury by throwing a hand-Granado into his Coach as he was travelling upon the Road into the Country That after the acquittal of Sir George he was sent to the said Sir George to tell him from the Embassador That his Fortune and Estate were all at his Service and so was his Princes That the Catholicks were all bound to pray for Sir Philip Floyd for his Generosity To which Sir George reply'd That had it not been for him he had not been sav'd That after the Tryal was over the Embassador went to visit the Lord C. J. Schroggs in his Sedan with his Coach of State That the Complement was in Portugueze interpreted by himself to this Effect My Lord
should be committed to a Committee of the whole House Secondly which was done Nemine Contradicente That the exclusion in the said Bill should not extend any further then the Person of the Duke of York only After which the House adjourned till Munday the Eighth of November the most remarkable passages of which day were first a Conference with the Peers manag'd by the Lord Privy Seal at what time his Lordship did deliver to Mr. Hampden and the rest of the Members severall Examinations in writing relating to the Popish Plot acquainting them farther That all other Papers of the same Concern in the Custody of their Clerk should be delivered to the Clerk of the House of Commons upon his giving a Receipt for the same The Second was the Release of Sir Robert Can from his imprisonment upon his petition and acknowledgement of his offence And The third was the Resolving of the whole House into a Grand Committee to proceed in the Bill of Exclusion which was done so effectually that after severall Clauses added and Amendments made the Bill was orderd to be engross'd Fame Was that Bill never to be seen Truth Yes I have seen it my self in severall Coffee-Houses And therefore to save thy longing I will here briefly recite the Heads of it Fame That 's as much as I desire for the rest is but matter of Form Truth That whereas the D. of Y. was notoriously known to have been perverted from the Protestant to the Popish Religion whereby not only great encouragement has been given to the Popish party to carry on a devilish Conspiracy for the destruction of his Majesties Person and Government but that if the D. should succeed to the Imperial Crown of this Kingdom nothing would be more manifest than a total Change of Religion Be it therefore Enacted That the said I. D. of Y. be made for ever uncapable to Inherit the Imperial Crown of the Kingdoms of England and Ireland c. And that if the said D. of Y. shall at any time hereafter challenge or attempt to possess or enjoy or take upon him to exercise any Authority or Iurisdiction within the said Kingdoms c. That he shall be deem'd Guilty of High Treason and suffer accordingly And that all Persans that shall assist him in such Challenge or Attempt or shall themselves attempt or endeavour to put or bring him into the Possession of the Regal Power or by Preaching or Writing maintain that he hath any Right or Title to the same shall be deem'd Guilty of High Treason and suffer accordingly And that the said D. of York after the Fifth of November 1680 shall not return into any of the Kingdoms aforesaid or if he doe he shall be adjudg'd Guilty of High Treason That being so Guilty of the Treasons aforesaid neither the Duke or any other Person shall be capable of the benefit of any Pardon otherwise then by Act of Parliament wherein in they shall be particularly nam'd All Magistrates Officers and other Subjects are also empowered to apprehend the said D. or any other Persons offending in any of these Premises The Act to extend no farther than the Person of the D. Lastly The Act to be given in Charge at all Assizes and Sessions of the Peace and to be openly read in all Cathedrals and Parish Churches c. upon the Twenty-fifth of December and Easterday during the life of the Duke The next day being Tuesday the ninth of November the King sent a Message to the House in writing by Mr. Secretary Jenkins desiring the House as well for the Satisfaction of his People as of himself to expedite such Matters as were depending before them relating to Popery and the Plot and to rest assur'd that all Remedies they should tender to his Majesty conducing to those ends should be very acceptable to him Provided they were such as might consist with preserving the Succession of the Crown in its due and Legal Course of Descent Then Mr. Turberville being called in gave in his Information first by word of Mouth and when he had done delivered the same in writing The effect whereof in short was That he living in the Family of the E. of Powis grew very intimately acquainted with William Morgan Confessour to the said Earl and his Family being a Jesuite and Rector over all the Jesuits in those parts and that he had often heard the said Morgan tell the said Earl and his Lady that the Kingdom was in a high Fever and that nothing but bloodletting could restore it to health That Father Cudworth Guardian of the Fryers at Doway had told him that this King should not last long That in the year 1675 he was introduc'd into the acquaintance of the Lord Viscount Stafford at Paris to whom he had great freedom and liberty of access Who at length after many solemn promises of exacted secresie told him in direct Terms That he might make himself and the Nation happy by taking away the Life of the King who was a Heretick and a Rebel to God Lastly That he was present at Mass with the Lord Powis in Vere-Street where the E. of Castlemaine said Mass in his Priestly habit Wednesday the tenth of November little past of Consequence more then that the Peers sent down to the House of Commons for their Concurrence to an Act which they had pass'd for freeing the City of London and his Majesties Court and Parts adjacent from Popish Inhabitants and providing against other dangers which might arise from Papists Then taking into Consideration the short Message sent them the day before by his Majesty and delivered by Mr. Secretary Jenkins they made two Resolves That a Committee should be appoynted to draw up an Address to his Majesty in Answer to his speech And in the second place That they would proceed in the Prosecution of the Lords in the Tower and forthwith begin with the Lord Viscount Stafford Fame I have heard say that several Addresses were made to his Majesty for the Pardons and Maintenance of the several Witnesses that had given in their Informations Truth 'T is very certain and 't was no more than what you might have related almost upon supposition So that it will be enough to say for the effects shewed it to be real That all the humble Addresses in that nature were answered Besides that it is our business to pass over Things of lesser moment as lightly as we can And thus from the tenth we come to Thursday the Eleventh of November taken up for the most part with rectifying Elections till Sir William Jones reporting That the address in answere to his Majesties last Message was ready having read it in his place delivered it to the Clerks Table after which it was againe read by the whole House and agreed upon Which being done and the engross'd Bill of Exclusion this day read a third time the Resolution of the House was That the Bill should Pass and that the Title should be An
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
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
adtunc ibidem recipiatis ipsum sic in custodia vestra existentem statim usque usualem Locum super le Tower-hill ductatis Ac Caput ipsius Willi. Vicecomitis Stafford adtunc ibidem amputari ac à Corpore suo omnino separari faciatis aliquo Judicio Lege Ordinatione seu Mandato preantea habit ’ fact ’ ordinat ’ seu dat ’ in contrarium non obstante Et hoc sub periculo incumbente nullatenus omittatis Teste meipso apud Westm decimo octavo die Decembris Anno Regni nostri tricesimo secundo BARKER Englished thus CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To the Sheriffs of London and Sheriffs of Middlesex Greeting Whereas William Viscount Stafford has been Impeached by the Commons of our Kingdom of England in Parliament Assembled of High Treason and other Crimes and Offences by him perpetrated and committed And thereupon by the Lords Temporal in our present Parliament conven'd was try'd convicted and in due Form of Law attainted and is adjudg'd to die of which Judgment Execution yet remains to be done We charge and by these Presents firmly conjoyning command you That in and upon the 29 th Day of this Instant December between the hours of Nine and Eleven before Noon of the same Day that the said Viscount Stafford without the Gate of our Tower of London then and there to be to you deliver'd as by another Writ to the Lieutenant of our Tower of London directed we have given Command you then and there receive into your Custody and him so being in your Custody that you presently conduct to the usual place upon Tower-hill and cause the Head of him William Viscount Stafford then and there to be chop'd off and altogether separated from his Body any Judgment Law Ordinance or Command before had made ordain'd or given to the contrary notwithstanding And of this upon penalty thereof to ensue you are not to fail Witness our selves at Westminster the 18 th day of December in the 32 d. year of our Reign Upon Wednesday the 29 th of December about Ten of the Clock in the Morning the Sheriffs received the Prisoner from the Lieutenant of the Tower and conducted him to the Scaffold Upon which the Prisoner being come after a short pause produc'd a Paper out of his Pocket which contain'd the following Speech which he read with his Hat off and gave several Copies thereof Signed with his own Hand to Sheriff Cornish and other Gentlemen about him THE SPEECH OF WILLIAM HOWARD Late Lord Viscount Stafford Vpon the Scaffold on Tower-Hill immediately before his Execution Wednesday Decemb. 29. 1680. BY the permission of Almighty God I am this day brought hither to suffer Death as if I were guilty of High Treason I do most truly in the presence of the Eternal Omnipotent and All-knowing GOD protest upon my Salvation That I am as Innocent as it is possible for any man to be so much as in a Thought of the Crimes laid to my Charge I acknowledge it to be a particular Grace and Favour of the Holy Trinity to have given me this long Time to prepare my self for Eternity I have not made so good use of that Grace as I ought to have done partly by my not having recollected my self as I might have done and partly because not only my Friends but my Wife and Children have for several dayes been forbid to see me but in the presence of one of my Warders This hath been a great Trouble and Distraction unto me but I hope God of his Infinite Mercy will pardon my Defects and accept of my good Intentions Since my long Imprisonment I have considered often what could be the Original Cause of my being thus accused since I knew my self not culpable so much as in a Thought and I cannot believe it to be upon any other Account than my being of the Church of Rome I have no reason to be ashamed of my Religion for it teacheth nothing but the Right Worship of God Obedience to the King and due Subordination to the Temporal Laws of the Kingdom And I do submit to the Articles of Faith believed and taught in the Catholick Church believing them to be most consonant to the Word of God And whereas it hath so much and often been objected that the Church holds That Sovereign Princes Excommunicated by the Pope may by heir Subjects be Deposed and Murdered as to the Murder of Princes I have been taught as a matter of Faith in the Catholick Faith that such Doctrine is diabolical horrid and detestable and contrary to the Law of God Nature and Nations and as such from my Heart I renounce and abominate it As for the Doctrine of deposing Princes I know some Divines of the Catholick Church hold it but as Able and Learned as they have writ against it But it was not pretended to be the Doctrine of the Church that is any point of Catholick Faith Wherefore I do here in my Conscience declare That 't is my true and real Judgment That the same Doctrine of deposing Kings is contrary to the Fundamental Laws of this Kingdom injurious to Sovereign Power and consequently would be in me or any other of his Majesties Subjects impious and damnable I believe and profess that there is one God one Saviour one Holy Catholick Church of which through the Mercy Grace and Goodness of God I die a Member To my great and unspeakable Grief I have offended God in many things by many great Offences but I give him most humble thanks not in any of those Crimes of which I was accused All the Members of either House having liberty to propose in the House what they think fit for the Good of the Kingdom accordingly I proposed what I thought fit the House is judge of the fitness or unfitness of it and I think I never said any thing that was unfitting there or contrary to the Law and use of Parliaments for certainly if I had the Lords would as they might have some way punished me So t am not culpable before God or Man It is much reported of Indulgences Dispensations Pardons to Murder Rebell Lye Forswear and commit such other Crimes held and given in the Church I do here profess in the Presence of God I never learned believed or practised any such things but the contrary and I speak this without any Equivocation or Reservation whatsoever And certainly were I guilty either my self or knew of any one that were guilty whosoever that were so of any of those Crimes of which I am accused I were not only the greatest Fool imaginable but a perfect Mad-man and as wicked as any of those that so falsly have accused me if I should not discover any ill Design I knew in any kind and so upon discovery save my Life I having so often had so fair occasions proposed unto me and so am guilty
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
of Popery and the French Interest and a dangerous Enemy to the King and Kingdom The same day also they made two other Resolves That whosoever should lend or cause to be lent any Mony upon the Branches of the King's Revenue arising by Customs Excise or Hearth-mony should be adjudg'd Obstructors of the Sitting of Parliaments and be responsable in Parliament 2. That whosoever should accept or buy any Tally of Anticipation upon any part of the King's Revenue or whoever should pay such Tally should be deem'd guilty of of the same Offence and be liable to be question'd in Parliament Saturday the 8 th of Jan. the Lords gave notice to the House that they had appointed the Saturday following to hear Mr. Seymor's Cause upon his Impeachment and that the House might reply if they thought fit Monday the 10 th of Jan. being the last day of their Session several Resolves were made 1. That whoever advis'd his Majesty to prorogue the Parliament to any other purpose than in order to the passing the Bill of Exclusion was a Betrayer of the King the Kingdom and the Protestant Religion and a Pensioner to France 2. That the Members for the City of London should return the Thanks of the House to the City for their manifest Loyalty to the King their Charge and Vigilancy for the preservation of his Majesty and the Protestant Religion 3. That it was their Opinion that the City was burnt by the Papists designing to introduce Popery and Arbitrary Power in the Nation 4. That the Commissioners of the Customs had willfully broken the Law for prohibiting the Importation of French Wines and other Commodities which if they should continue they should be question'd in Parliament 5. That it was their Opinion that the D. of Monmouth had been remov'd from his Offices and Commands by the Influence of the D. of York and therefore order'd that Application should be made to his Majesty to restore him to all his said Commands and Employments 6. That it was their Opinion that the prosecuting of Protestant Dissenters upon the Penal Laws was a grievance to the Subject and an Encouragement to Popery a weakening of the Protestant Interest and dangerous to the Peace of the Kingdom These Resolutions were no sooner past but they were summon'd by the Usher of the Black Rod to attend his Majesty in the House of Peers at what time his Majesty was pleas'd to signifie his pleasure for a Prorogation till the 20 th of the Month. Before the Prorogation was pronounc'd by the Lord Chancellor his Majesty was pleas'd to sign three Bills two publick and one private The two publick Acts were an additional Act for Burying in Wollen and an Act for prohibiting the Importation of Cattel from Ireland Fa. Seing then there were no more Bills sign'd there is no question to be made but that there were the more depending and if I do not mistake you promis'd to give me a Catalogue of all those that were under Consideration Tr. I did so and to shew you I did not intend to deceive your Expectation I have here collected them together as they came in their Order to be debated the Bill of Exclusion excepted of which you have already had the Heads Bills depending in the last Parliament 1. A Bill for the Encouragment of Wollen Manufacture 2. A Bill for Exportation of Leather 3. An Act for the better regulating the Tryals of Peers in England 4. Two Bills for the regulating Elections of Members in the Commons House of Parliament 5. A Bill for the continuance of two Acts An Act for preventing Planting Tobacco in England and a Bill for Exporting Beer Ale and Mum. 6. A Bill for Repeal of an Act made the 35 th of Q. Elizabeth 7. A Bill for taking away the Court holden before the President and Council in the Marches of Wales 8. A Bill for ascertaining Fines upon Convictions of Misdemeanors 9. A Bill for supplying the Laws against Bankrupts 10. A Bill for Exportation of Cloth and other wollen Manufactures 11. A Bill to restrain Papists from coming or residing within the Cities of London and Westminster or within 20 miles of the same and from wearing any Arms. 12. A Bill that the Judges should hold their Places and Salaries only quamdiu se bene gesserint 13. A Bill prohibiting Importation of Cattel from Scotland 14. Two Bills for the ease of Protestant Dissenters 15. A Bill for Banishing all the most considerable Papists in England out of his Majesties Dominions 16. A Bill for uniting all his Majesty's Protestant Subjects to the Church of England 17. A Bill for repealing the Act for the well Governing of Corporations 18. A Bill to prevent Simony 19. A Bill to prevent Vexatious Actions 20. A Bill to prevent Brewers from being Justices of the Peace in the place where they exercise that Trade 21. A Bill for the better Discovery of Settlements of Estates for superstitious uses 22. A Bill for the more easie collecting the Duty of Hearth-Mony Several other Bills were order'd to be brought in which never came to be debated As A Bill for regulating and preventing the increase of the Poor A Bill for the regulating Hackney Coaches repairing paving and cleansing the Streets and op'ning of passages in and about the City A Bill for repair of the High ways A Bill to punish Atheism Swearing and Debauchery A Bill for regulating abuses in making of Casks Barrels c. A Bill for Naturalization of Foreign Protestants And The Bill of Association The Bill of Ease to all Protestant Dissenters being perfected by the House of Commons tho' not assented to by the Peers was afterwards Printed at large of which these are the Chief Heads 1. That all persons convicted or prosecuted by vertue of an Act made in the 35. year of Q. Eliz. and another Act made in the 3. of K. James for Recusancy that shall take the Oaths of Allegiance and Supremacy and make and sue for such Declaration to be made in the Court of Exchequer Assizes or Quarter Sessions shall be discharg'd of all penalties forfeitures and seizures by force of the said Statutes without Composition or Fee 2. That no Persons taking the Oaths aforesaid and subscribing the Declaration foresaid shall be prosecuted upon the said Acts in any Ecclesiastical Court by reason of their Non-conforming to the Church of England Provided that no persons dissenting from the Church of England and meeting in any place for Religious Worship with the Doors lock'd and bar'd during their so meeting together shall receive any Benefit from this Law Neither shall any of the persons aforesaid be exempted from paying Tithes or other Parochial duties 3. That if any person dissenting from the Church of England shall be chosen into any Parish-Office it shall be lawful for him to execute the same by a sufficient Deputy Provided the said Deputy be allow'd by two or more of the Justices of the Peace 4. That no Dissenter in Holy Orders