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
of Self-murder which is a most grievous and hainous sin And though I was last impeached at the Lords Bar yet I have great grounds to believe that I was first brought to Tryal on the belief that to save my Life I would make some great Discovery and truly so I would had I known any such thing of an ill Design or illegal dangerous Plot either of my self or any other person whosoever without exception But had I a thousand Lives I would lose them all rather than falsly accuse either my self or any other whosoever And if I had known of any Treason and should thus deny it as I do now upon my Salvation at this time I should have no hope of Salvatition which now I have through the Merits of Jesus Christ I do beseech God to bless his Majesty who is my Lawful King and Sovereign who I was always by all Laws Humane and Divine bound to obey And I am sure that no Power upon Earth either singly or altogether can legally allow me or any Body else to lift a Hand against him or his Legal Authority I do hold that the constitution of the Government of this Kingdom is the only way to continue Peace and Quietness which God long continue Next to Treason I hold Murder in abhorrence and have ever done and do and I do sincerely profess that if I could at this time free my self immediately and establish what Religion I would and what Government I would and make my self as Great as I could wish and all by the Death of one of those Fellows that by their Perjuries have brought me to the place where I am I so much abhorr to be the cause of any mans Death that I would not any way be the Cause of their Murder How much less would I endeavour the Assassination of his Majesty whom I hold to be as Gracious a King as ever this or any other Nation had and under whom the People may enjoy their Liberties as much as ever any did And if it please God to grant him Life and Happiness according as I have always wished and prayed for I am morrally persuaded that he and all his Dominions will be as happy and prosperous as ever any People were which I beseech God grant I do most humbly ask Pardon of the Almighty and All-Merciful God all the great Offences I have committed against his Divine Majesty and I know he would not have the Death and Confusion of a Sinner but that he may repent and live in that Assurance I hope knowing he never despiseth a Contrite Heart and though I have not so feeling a Contrition as I would yet I have it as well as I can and I doubt not but that God will accept of the Good Will I desire that all People will forgive me any injury that I have done them in any thing either wilfully or by Chance and I do heartily-forgive all People in the World that have injured me and I forgive even those perjured Men that so falsly have brought me hither by their Perjury I do now upon my Death and Salvation aver that I never spoke one word either unto Oates or Turbervill or to my knowledge ever saw them until my Tryal and for Dugdale I never spoke unto him of any thing but about a Foot-by or Foot-man or Foot-race and never was then alone with him All the punishment that I wish them is That they may repent and acknowledge the Wrong they have done me then it will appear how innocent I am God forgive them I have a great Confidence that it will please Almighty God and that he will in a short time bring Truth to Light then you and all the World will see and know what injury they have done me I hope I have made it appear that I have some Conscience for if I had none certainly I would have saved my Life by acknowledging my self Guilty which I could have done tho' I know I am not in the least Guilty And I having some Conscience make very ill use of it for I throw my self into Eternal Pain by thus plainly and constantly denying thus at my Death the Knowledge of what I am accused of in the least I have said thus much in discharge of my Conscience and do aver upon my Salvation what I have said to be really true I shall say little of my Tryal and whether it were all according to the known Law I am too much a Party to say much of it if it were not so God forgive him or them that were the cause of it My Judges were all Persons of Honour who were all as much bound to judge rightly as if they had been upon Oath upon what was legally proved and not to Vote but according as in their Consciences they were satisfied and if any of them did otherwise upon any account whatsoever I beseech God forgive them I do so heartily I shall end with my hearty Prayers for the Happiness of his Majesty that he may enjoy all happiness in this World and the World to come and govern his people according to the Laws of God and that the People may be sensible what a Blessing God hath so miraculously given them and obey him as they ought I ask Pardon with a prostrate Heart of Almighty God for all the great Offences that I have committed against his Divine Majesty and hope through the Merits and Passion of Christ Jesus to obtain Everlasting Happiness into whose Hands I commit my Spirit asking Pardon of every person that I have done any wrong unto I do freely forgive all that have any ways wronged me I do with all the Devotion and Repentance that I can humbly invoke the Mercy of our Blessed Saviour I beseech God not to revenge my innocent Blood on the Nation or on those that were the Causers of it with my last Breath I do with my last Breath truly assert my innocency and hope the Omnipotent All-seeing Just God will deal with me accordingly Having read out his Paper he desired permission to pray after his own Form which being granted he kneel'd down by the Block and pulling another Book out of his Pocket read a Latin Prayer which when he had concluded he gave the Paper to Sheriff Bethel and then directing his Speech to the People he desired God to bless them all and to preserve his Majesty whom he exhorted the People to faithfully obey being as good a Prince as ever govern'd them and so after some short Discourses in Private with his Friends he stretch'd himself upon the Block and bidding the Executioner take his Opportunity his Head was soon sever'd from his Body and held up to the view of the People The Tryal being thus over the House was again free for Business Wednesday the 8 th of December was the day subsequent to the Sentence but in regard it was only spent in amending Elections and discharging Offenders upon their Petitions we are obliged to pass it
us'd by the Lord Powis and his Lady when he was well us'd To attest which he brought one to attest that he was permitted to lie in a Room near the Lord Powis's Chamber To which it was reply'd that that Testimony might not hear what unkind Words might pass between them or how he was thwarted in his Expectations from the Earl And as to the Kindness of Mr. Turbervill's Relations all that the Prisoner could prove was that his Brother and Sister had given him Seven Pounds never to see him more The next Objection was That Turbervill had sworn that the Earl of Castlemain was at Powis-Castle such a time which must be in the Years 72 73 or 74 which he endeavoured to prove by the Attestation of one Lydcot once a Servant to the Earl of Castlemain and with him all those Years But he was observed to be so out in his Calculation so mistaken in the Year and such an exact Follower of the Romish New Stile that Notice was taken of it by the Court. On the other Side it was sworn by Mr. Arnold That he had not heard a better Character of any Man from all sorts of People in his Life By Mr. Hobby That he had never known or heard but that he had behav'd himself like a Worthy Honest Gentleman By one Mr. Matthews a Divine that he never knew him guilty of an Evil Action but that he was a person of a fair Reputation By one Mr. Seys That he never knew in his Life any person that could asperse him The same also or to the same Effect was sworn by Captain Scudamore It was farther objected That Mr. Turbervill was a Stranger to the Prisoner and that the Design of the King's Death was too great a Secret for a Stranger to be acquainted with To which it was answered That the Quality of the Persons that introduced him to his Lordship was to be considered They were Priests and therefore it was no wonder that when they brought him to his Lordship for such a purpose that they should prevail with his Lordship to give him Credit and to deal with a person so likely in his Circumstances to make such an Attempt But the main Objection was That Mr. Turbervill had sworn that his Lordship returned into England by the way of Calice with Count Grammont neither of which was true To which it was answered That Mr. Turbervill swore only according to Information and by a Lettet which signified to him that his Lordship would return by the way of Calice and he knew nothing of the Change of his Lorships Resolution That it appeared upon Oath that Mr. Turbervill staid at Diep in expectation of his Lordships coming but being inform'd that he went another way took the first Opportunity of a Passage without which Information there was no Reason for him to have invented such a thing or to have advised his Companion to make haste to Calice to take the Advantage of my Lord's Conveniency a thing which he did out of Friendship The Evidence on both sides being thus clos'd as it was thought the Court adjourn'd and the Lords being return'd to their House gave notice to the Commons that they had order'd the Prisoner to be sent for again the next day by ten of the Clock The First Day being Saturday Dec. 4. The Prisoner being brought to the Bar made a new Request that he might call some Witnesses that he had forgot the day before to impeach the Evidence that had sworn against the Credit of his Witnesses and farther to impeach those that had sworn against himself which though it were at first oppos'd as a thing not customary was at length condescended to by the Managers to spare the Lords the trouble of withdrawing The first was the Lord Ferrers as to the Reputation of Mr. Southal one of Mr. Dugdale's Witnesses who attested that all he could say was by Hear-say That he had the Reputation of being active in the late Times against the King and was counted a pernicious Man against the Government In answer to which the Lord Brook being desired to speak what he knew of the said Mr. Southal gave him the CharaCharacter of an honest an able and a good Church-man and Mr. Levenson Gower called to the same purpose gave him the Character of a Zealous Prosecutor of the Papists and one of whom they that were principled by the Preservation of the King and the Protestant Religion spoke well The next was one Dale to whom the Prisoner put the Question what he knew about Dugdale's offering him Money and whether Dugdale never persuaded him to swear against my Lord Aston something he knew not To which be answered positively in the Negative After this the Prisoner having summed up all his Objections before recited against the King's Evidence insisted upon several Points of Law First That there was no President that Proceedings Criminal did ever continue from Parliament to Parliament this having continued three Secondly Whether a Man in Capital Cases was not to be proceeded against by Indictment first found by a Grand Jury and not by Impeachment either of a single Person or Body of Men. Thirdly He conceiv'd there was no Overt Act alledged in the Impeachment Fourthly He desired to prove they were not Competent Witnesses that swore against him for they swore for Money Fifthly Whether a Man could be condemned for Treason by one Witness there not being two Witnesses to any one Point As to the First it was answered that it could be no doubt in regard their Lordships had resolved and sent it down to the Commons and that it was entered in their Books as the Law and Constitution of Parliaments that not only Impeachments but all Judicial Proceedings continue from Parliament to Parliament that it was now the Law of their House and consequently the Law of the Kingdom And therefore they having declared it and sent it down to the Commons they had good reason to proceed upon the present Impeachment To the Second That an Impeachment of the House of Commons which is the Grand Inquest of the Nation was more than an Indictment and more effectual to bring an Offender to Justice To the Third That there were Overt Acts enough in Proof and sufficient in the Impeachment as the receiving a Commission to be Pay-Master of an Army the offering Money to a person to hire him to kill the King and consulting with several persons met together about killing the King and changing the Government of the Nation All which were laid in the Impeachment as fully as made out in Proof To the Fourth His Lordship insisted very much that his Council might argue it whether there were a necessity of two Witnesses to every Overt Act alleadg'd as Evidence of High Treason But the Council for the Prisoner waving the Argument as a thing impossible to apply themselves to the Study of a Case unforeseen the Lords returned to their House to consider upon it In an hours time
the Liberty and Property of the Subject at home and supporting the Forraign Alliances he took notice of the unsuitable Returns of the House of Commons their Addresses in the Nature of Remonstrances their Arbitrary Orders for taking Persons into Custody for Matters that had no Relation to their Priviledges and their strange Illegal Votes declaring divers Emminent Persons Enemies to the King and Kingdom without any Order or Process of Law or hearing their Defence That besides these Proceedings they had Voted That whoever should Lend any Money upon the Branches of the Revenue or Buy any Tally of Anticipation or pay any such Tally should be adjudged to hinder the sitting of Parliaments and be answerable to the same in Parliament Which Votes instead of giving him Assistance tended rather to disable him and to expose him to all dangers that might happen at Home or Abroad and to deprive him of the possibility of supporting the Government it self and to reduce him to a more helpless Condition then the meanest of his Subjects That they had Voted the Prosecution of Protestant Dissenters upon the penal-Penal-Laws a grievance to the Subject a weakning to the Protestant Interest an Encouragement to Popery and dangerous to the Peace of the Kingdom Whereby they assumed to themselves a Power of suspending Acts of Parliament Which unwarrantable Proceedings were the Occasion of his parting with the first Parliament That having Assembled another at Oxford he gave them warning of the Errors of the former and required them to make the Law of the Land their Rule as he resolv'd it should be his Adding withal that though he could not depart from what he had so often declared touching the Succession Yet to remove all Reasonable fears that might arise from a Popish Successor if means could be found that in such a Case the Administration of the Government might remain in Protestant Hands he was ready to hearken to any expedient for the preservation of the Establish'd Religion without the Destruction of Monarchy Notwithstanding all which no expedient could be found but that of a Total Exclusion which he was so nearly concern'd in Honour Justice and Conscience not to Consent to Nor did he believe as he had Reason so to do but that if he had in the last Parliament at Westminster consented to a Bill of Exclusion that the Intent was not to have rested there but to have attempted some other great and important Changes That the business of Fits-Harris impeach'd by the Commons of High Treason and by the Lords referred to the Ordinary Course of Law was on a suddain carried to that Extremity by the Votes of the House of Commons March 26. That there was no possibility left of a Reconciliation Whereby an impeachment was made use of to delay a Tryal directed against a professed Papist charg'd with Treasons of an extraordinary Nature That nevertheless he was resolv'd that no Irregularities in Parliaments should make him out of love with them but by the Blessing of God to have frequent Parliaments and both in and out of Parliament to use all his utmost endeavours to extirpate Popery and to redress the Grievances of his good Subjects and in all things to Govern according to the Laws of the Kingdom This Declaration being published was likewise ordered to be read in all Churches and Chapples thoroughout the Kingdom And thus my dear Friend Fame for thou art some times a Friend to me as well as to Falshood I have been Candid toward thee in giving Thee plainly without Comment or Observations either on the one side or the other a true Accompt of the most Memorable passages of the Two last Parliaments in due Series and Connexion for the aid and assistance of thy Memory Now take thy flight and make the best Use of thy Pacquet which thou canst If thou seek'st for more go look among the Intelligences which though they will deceive Thee may perhaps better tickle the Fancies then the Judgments of the People A NEW AND TRUE CATALOGUE OF THE HOUSE of LORDS Together with the Knights Citizens Burgesses and Barons OF THE CINQUE-PORTS That were Returned to serve in the Parliament of ENGLAND Assembled at OXFORD the twenty-first of March 1681. Note That those that have this Mark * after them were not Members of the foregoing Parliament The LORDS JAMES Duke of York and Albany Rupert Duke of Cumberland Heneage Finch Baron of Daventry Lord Chancellor of England John Earl of Radnor Lord President of the Council Arthur Earl of Anglesey Lord Privy-Seal Henry Duke of Norfolk Charles Seymore Duke of Somerset under Age. George Duke of Buckingham Christopher Duke of Albemarl James Duke of Monmouth Henry Duke of Newcastle Charles Lenox Duke of Richmond under Age. Charles Fitz-Roy Duke of Southampton under Age. Henry Fitz Roy Duke of Grafton Charles Lord Marq. of Winchester Henry Lord Marq. of Worcester Robert Earl of Lindsey Lord Great Chamberlain James Earl of Brecon Lord Steward of the Houshold Aubrey Earl of Oxford Charles Talbot Earl of Salop if at Age. Anthony Earl of Kent William Richard George Earl of Derby John Earl of Rutland Theophilus Earl of Huntingdon William Earl of Bedford Philip Earl of Pembroke and Montgomery Edward Earl of Lincoln Charles Earl of Nottingham James Eral of Suffolk Charles Earl of Dorset and Middlesex James Earl of Salisbury John Earl of Exeter John Earl of Bridgewater Philip Earl of Leicester James Earl of Northampton Edward Rich Earl of Warwick and Holand under Age William Earl of Devonshire William Earl of Denbigh John Earl of Bristol Gilbert Earl of Clare Oliver Earl of Bullingbrook Charles Earl of Westmorland Robert Earl of Manchester Thomas Earl of Barkshire John Earl of Mulgrave Thomas Earl of Rivers Henry Earl of Peterborough Thomas Earl of Stamford Heneage Earl of Winchelsea Charles Earl of Carnarvon Philip Earl of Chesterfield Richare Earl of Thanet William Earl of Strafford Robert Earl of Sunderland Robert Earl of Scarsdale Charles Earl of Rochester Henry Earl of St. Albans Edward Earl of Sandwich Henry Earl of Clarendon Arthur Earl of Essex Robert Earl of Cardigan John Earl of Bath Charles Earl of Carlisle William Earl of Craven Robert Earl of Ailesbury Richard Earl of Burlington Anthony Earl of Shaftsbury Edward Henry Lee Earl of Lichfield under Age. John Earl of Guilford Thomas Earl of Sussex Lewis Earl of Feversham George Earl of Hallifax Charles Earl of Mackelsfield Robert Earl of Yarmonth George Earl of Berkley Edw. Conway Earl of Conway Leicester Devereux Viscount Heriford under Age Francis Viscount Montague William Viscount Say and Seal Baptist Viscount Camden Thomas Viscount Faulconbridge Charles Viscount Mordant Francis Viscount Newport Henry Lord Mowbroy George Nevil Lord Abergavenny under Age. James Lord Audley Charles Lord La Warr. Thomas Lord Morley Mounteagle Robert Lord Ferrers Coniers Lord Darcy and Meynel Charles Lord Fitzwater under Age. Henry Lord Grey under Age. William Lord Stourton Conyers Lord Conyers Henry Lord Sandys Thomas Lord
the Nobility and the Commons of England having taken their several and distinct places in Court And the Prisoner being brought to the Bar the Lord High Steward spake to him to this Effect That the Commons of England had impeached him of High Treason for which he was then to he Try'd that he was not try'd upon the Indictment found by the Grand-Jury but prosecuted by the Loud complaints of the Commons and to be try'd upon the presentment of the Grand Inquest of the whole Nation That he was to be therefore Judg'd by the whole Body of the House of Peers where the ballance would be exactly kept And that therefore if his zeal had engag'd him in such deep and black designes as he was charg'd with he must expect to reap what he had sown Admonishing him lastly to hear with patience what should be said against him The Charge being then read the substance of the Impeachment was I. That there had been a Traiterous Plot and Conspiracy both in England and other Places to alter and subvert the Ancient Government and true Religion established in the Land which Plot was carried and contrived by Persons of several Qualities and Degrees II. That for the accomplishing of the said wicked and traiterous design he had agreed and conspir'd with others to imprison depose and murther the King and to Subject the Kingdom to the Pope and his Government To restore the Abbys Monasteries c. so long agoe Suppressed for their Idolatry and Superstition And by that means to destroy his Majesty Extirpate the Protestant Religion and overthrow the Rights and Properties of his Majesties Subjects III. That he with the rest of the Traytors had held several Meetings and Consultations where it was contriv'd and design'd by what means and what Instruments should be us'd to murther his Majesty That it was there resolv'd to Effect the same by Poisoning Shooting Stabbing and that at the same places rewards were offered to several Persons to execute the same IV. That he with the rest had Consulted to raise Men Money Armes and Ammunition and had Corresponded with the Pope his Cardinals and Nuntio 's and with other Forein Ministers for the raising and obtaining of Men Money c. for the raising of War within the Kingdom and invading the same with Forein Forces V. That he with the rest had procured and delivered out several Instruments and Commissions made and granted by the Pope and other unlawful Authortities for the raising and disposing Men Money c. and particularly for him the said Lord Viscount Stafford to be paymaster of the Army VI. That to hinder the discovery af the said Plot and to secure themselves from Justice He with the rest had caused Oathes of Secresie to be administred to the Confederates and the Priests to give them absolutions for their encouragement aforesaid to conceal the Conspiracy VII That he with the rest had contriv'd to lay the Imputation of their crimes upon the Protestants aforesaid To this his Lordships Plea was That he was not Guilty and for his Tryal put himself upon his Peers In the opening of this Impeachment Mr Serjeant Maynard beginning told the Lords that the Charge was General and Particular General the Subversion of the Nation Murther of the King and suppression of the Protestant Religion which General was charg'd in Particular upon the Prisoner in regard that in a general design as this was wherein so many were concern'd the Act of One is the Act of All and the Act of All is the Act of every One But his part being only to open the General Conspiracy he made out the Universal Hatred of the Papists against the Protestants by their continual Practcies of Murthers Massacrees and Treasons in Spain France England and other parts of Europe and their Doctrine of the Legality of deposing and Killing Heretick Kings Then bringing his Arguments home he called to mind the Murther of Sir Edmund-Bury Godfrey The Tampering with Bedlow to corrupt and lessen his Testimony and Their Charging Oates with Infamous Crimes by falshood and Subornation to invalidate his Testimony The particular Evidence was open'd by Sir Francis Winington Shewing first The extraordinary advantages the Papists had to enter upon the Conspiracy The creeping of Papists at the bottom and others that drove on their Interest into his Majesties Councils The easiness of some Men to favour the Papists new projects set on foot for a Reconciliation between the two Religions by distingushing the Church from the Court of Rome Papists of Loyal and disloyal Principles Which gave them great Encouragement to see how freely the Pen was drawn in their favour The Kings Commands of putting the Laws in Execution frustrated by the Publick Ministers of their faction and the severity of those Laws turned upon the Protestant dissenters Lastly their great hopes of a Popish Successor As for the proof of the Plot in general he Cited the Attainders of Coleman and Langhorn and several Priests and Jesuites The Attainders of Sir Edmund-Bury Godfrey's Murther and the Conviction of the Assassinator of Mr. Arnold And in short the Convictions not only of Treasons and Murthers but of almost all other Villianies whatsoever To this he added that proof would be made of the discourses of the Preists and Jesuits abroad of the great alteration that would be in England e're long And that the King was a Heretick and might be destroyed which Doctrine was dispersed by the industry of several in England As to particulars against the Prisoner he urg'd that proof would be made of his being at a Consult at the Lord Aston's House at Tyxal for the Killing the King That he offered 500 l. out of his own purse for carrying on the Plot and particularly that part of Killing the King That the Prisoner himself had tempted one of the Witnesses to Kill the King with several other Circumstances tending to that and the General design Then Mr. Treby proceeded to call the witnesses to shew the Universal Conspiracy The first was Mr. Smith whose Education had given him great Opportunities of knowing the inside of the Papists Affairs He testified That upon his first arrival in France he came acquainted with Abbot-Montague Gascoyn and several other Priests and Jesuites who promis'd him preferment both among them and in England if he would turn Catholick for that they did not doubt but that the Popish Religion would come into England very soon as not questioning a Toleration first by which they should bring it in without Noise And Secondly because their party was very Strong in England and in a few years would be able to bring it in right or wrong That Cardinal Grimaldi whom he met by Accident in Provence told him he had great Assurances the Popish Religion would prevail in England and that there was but one that obstructed it who though a good natur'd Person yet they could not so far prevaile upon him but that they must be forc'd to take him out
would confess his fault If then after notice he came to Town suffered himself to be taken refused his Pardon and yet had been guilty he ought to die for his folly as well as his Crime Descending to particulars he desired that the depositions of Dr. Oates upon wich he was committed by the Lord Cheif Justice the depositions of Mr. Dugdale taken in the Country by Mr. Lane and Mr. Vernon and that of Mr Turbervil's taken before Sir william Poltney and Mr. Warcup might be produced that he might be able to confront what they had then sworn in Court To which the Mannagers for the Commons replyed That if his Lordship could tell wherein the Witnesses had contradicted themselves he might produce the Depositions That what was sworn was entred in the Lords Journal two years before whither any Man might repair but after two years time and three weekes given him to prepare for his Tryal to desire the producing of Depositions which he might have done before was only to gain time for the Viva voce Evidence to be forgotten and therefore humbly prayed it might not be admitted For that for a Prisoner to call for Depositions at the Bar from the Prosecutors was a very strange and unreasonable demand Nevertheless the Prisoner still urged the producing of the aforementioned Affidavit affirming Mr. Turbervile had sworn false in point of Time as having sworn one Time in his Deposition another in his Testimony at the Bar. The Prisoner was asked whether there were any other variation than that of the Time in Mr. Turbervile's Deposition But his Lordship could alledge no other that he knew of Thereupon the Lord High Steward demanded of the Mannagers why the Prisoner might not have the avail of his Exception To which the Mannagers replyed That they were not conscious of any Variation and that they were confident that if the thing were produced it would make against the Prisoner for that the Variation to which the Prisoner excepted had been corrected in time by the Evidence himself however that they could not do it of themselves without the leave of the House Thereupon the Lords withdrew to consider and upon their return the Lord High Steward told the Prisoner That their Lordships found an Order enter'd for his Lordship to have Copies of every thing that concerned him in that House and that if he had not taken out Copies 't was his fault And that as for his demand of Turbervile's affidavit their Lordships did not find any Obligation at all upon them as a Court to concern themselves in that Matter To this the Prisoner submitted howeuer he desired That the Journal and other Papers might be brought into Court together with the two Affidavits of Dugdale taken by Mr. Lane and Mr. Vernon To which the Lord High Steward made answer that those demands were under the same Rule that what Evidence was before the Court of Peers he should have but as for the Evidence not in Court he ought to have come provided with it This dispute being over the Prisoner desired longer time and fain would have had the Court have adjourned till the morrow after the next day But this also the Mannagers of the Tryal oppos'd urging what an advantage it would be to the Prisoner to chuse his own time to answer their Evidence instancing the endeavours that had been used to suborn and destroy Witnesses Thereupon the Lords adjourned to their own House and after a short Stay sent word to the Commons that they had ordered the Prisoner to be brought again to the Bar the next day by ten of the Clock The Third and Fourth Day Was wholly taken up by the Prisoner in making his Defence And first he pleaded the Statute of the 13 th of this present King by which no man is to be prosecuted but within so many Months But to that he received a short Answer that he was not impeach'd upon that Statute but upon the Common Law and the Statute of the 25 th of Ed. 3. which was only declarative of the Common Law besides that though the Statute of the 13 th of this King limited the Prosecution of some Offences to be within six Months yet the Prosecution for Treason might be at any time After that he fell to impeach the Credit of the Witnesses thereby to render invalid the Testimony that had been given against him His first Exceptions were against Mr. Dugdale for that his Lordship was not at Tixal as the Witnesses had sworn neither at the latter end of August nor at the beginning of September till the 12 th To this purpose his Daughter the Marchioness of Winchester and one Mrs. Howard affirm'd the first at the Tryal of Sir George Wakeman Mr. Dugdale should say That he was to receive Orders from his Lordship in June or July and that his Lordship was at a Consult at Tixall in August Mrs. Howard affirm'd that at the same Tryal being asked to be positive in the Month of my Lord Stafford's coming down he said that his Lordship came down in June or July but that the Consult was in August where the Prisoner was present To which it was answered that the Ladies did not agree in their Testimonies one affirming that the Witness swore he was to come down and the other that he did come down and therefore considering their Relations to the Prisoner their Testimony was to be look'd upon as partial His Second Objection was that when his Lordship was at Tixhall he never sent for the Witness into his Chamber but that the Prisoner's Servant upon his own Request brought him and that there was no opportunity for private Discourse because his men were in the Room all the while For this the Prisoner brought two of his Pages Furnese and Leigh who attested that they were with his Lordship all the while that Dugdale was in the Chamber that he did not remember that ever Dugdale was there but once and that he does not remember that ever his Lordship bid him go out of the Room To which it was answered That it was a hard Matter for men to come thus in the Negative to remember how often Dugdale had been in my Lord's Chamber and that it was a hard matter for a Servant to gain Credit by saying his Master never bid him go out of the Room in his Life Things that might be done and yet escape the Memory of a Servant of more Age and less Inclination to serve their Masters To which might be added that the two Young Men were Servants to the Prisoner and of the same Religion there being also no small reason to believe that more than ordinary practice had been used to prepare Evidence on the Prisoner's behalf Besides it was observ'd that Leigh's Memory was something imperfect not remembring that Dugdale was with his Lordship all that day which his Lordship acknowledged and the other Witnesses agreed It was also remarkable that Furnese was asked by the Lord High Steward
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
Speaker they resolv'd into a Committee of the whole House After which the Speaker resuming the Chair they came to several Resolves Nemine contradicente 1. That one way for the suppressing of Popery was to banish all the Considerable Papists out of England That as long as the Papists had any hopes of the D. of York's Succession both the Protestant Religion and the Lives Liberties and Properties of the King's Protestant Subjects were in Danger to be destroy'd 3. That there should be a Bill brought in for the Association of his Majesties Protestant Subjects for the Safety of King Religion and People against all Invasions or Oppositions whatsoever and to prevent the Succession of the D. of Y. or any other Papist Thursday the 16 th was spent for the most part in reading of Bills The next day being Friday the 17 th of December upon a Report by Sir William Poultney from the Committee appointed to draw up the Impeachment against Mr. Seymour the Articles of Impeachment were order'd to be Ingross'd and Mr. Seymour to be taken into Custody by the Serjant at Arms who was impowered to take Security for his forth-coming Saturday being the 18 th they took into serious Consideration his Majesties Last Speech and after some debate resolv'd that an Address should be prepar'd in answer to it Monday the 20 th produc'd nothing at that time remarkable but only the Address which was then read and agreed to and presented the next day Tuesday the 21 th of December not much more was done than upon the day before only that an Information was given into the House that one Henry Carew a Fryar of Saint Maloes in France had for several Years last past executed the Office of Surveyor of the Customes in the Port of Bristol and thereupon it was referr'd to the Committee appointed to receive Informations concerning the Plot to examine the Business and make their Report In the Afternoon they presented their Addresses to his Majesty in the Banquetting-House in Answer to his Last Speech of which the Chief Heads were these That they did gratefully acknowledge his Majesties Goodness in renewing his Assurances of his Readiness to concurr with them for the Security of the Protestant Religion but that they observ'd there was a Reservation annex'd which if insisted on would render all his other Inclinations of no Advantage to them That as to the preservation of the Succession in its Legal Course they had not endeavour'd any Interruption except only of the Descent upon the Person of the D. of York whom the Instruments of the Church of Rome had perverted to their Religion For which Reason they did represent it as the Issue of their most deliberate Thoughts That for the Papists to have their Hopes continued in the Expectation of a Popish Prince was utterly inconsistent with the Safety of his person the Preservation of the Protestant Religion and the Welfare of his people They farther represented to him the Danger of his Person from the principles of the Papists which allow the Excommunication and Deposition of Princes That the Expectation of a Popish Successor had not only encreas'd the Number of Papists in the Kingdom but also prevail'd with others to desert Protestantism that they might be prepar'd for the Favor of the Popish Prince That it had hardened the Papists of this Kingdom to make a Common purse provide Arms and sollicite the Aid of Foreign Princes to impose Popery upon the Nation That it was his Majesties Glory and true Interest to be the Protector of all Protestants both at Home and Abroad But if such Hopes should remain what Alliances could be made for his Majesties Allies and the Protestants abroad to trust to Then they laid before his Majesty the Evils that would befal from a Popish Succession The Protestant Religion would be totally overthrown The Pope would be acknowledg'd a Supreme and all things be brought under his Jurisdiction The Lives Liberties and Estates of all Protestants that value their Souls will be adjudged forfeited in regard that the Extirpation of Hereticks was used as an Argument to invite Foreign Princes to assist the Duke Farther they desir'd him to consider whether in Case the D. should attempt to Succeed whether the Opposition probable to be made against him might not endanger the Descent of the Royal Line but even Monarchy it self For which Reasons they besought his Majesty that when a Bill should be tender'd him in a Parliamentary way he would give his Royal Assent thereto and as necessary to fortifie the same that he would also assent to another Bill to enable his Protestant Subjects to associate for the Defence of his Person the Protestant Religion and the Security of the Kingdom And that as a farther Means for the Preservation of the same the Judges might be Persons of Integrity and true Zeal to the Protestant Religion and might hold their Employments only quamdiu se bene gesserint and that the Lord Lieutenants Deputie-Lieutenants and Justices of the Peace might be persons of the same Principles and all others displac'd and so likewise for the Military Officers and Commanders in the Fleet. Which Requests of theirs being granted they would be ready to assist his Majesty for the preservation of Tangier and to put the Fleet into a Condition both to preserve the Sovereignty of the Seas and defend the Nation Fa. What Answer was given to this Address Tr. You shall hear more of that in due time The two next days being the 23 d. and 24 th of December produc'd little for our purpose Only that upon the last of the two upon a Report from the Committee appointed to examine the Complaint against Mr. Thompson a Minister it was unanimously resolved by the House That the said Thompson had publickly defam'd his Majesty preach'd Sedition villify'd the Reformation and promoted Popery by asserting Popish Principles denying the Plot and turning the same upon the Protestants and that he had endeavored to subvert the Liberty and Property of the Subject and the Rights and Priviledges of Parliament and that he was a Scandal and Reproach to the Function and thereupon order'd a Committee to prepare an Impeachment against him After which the Holydays approaching the House adjourn'd till the 30 th of the same Month. Fa. Can you tell me what Mr. Thompson had done to deserve so severe a Sentence Tru. Yes Fa. Pray do then as short as you can Tru. The First Witness upon Examination at the Committee said That in a Sermon preach'd by the said Mr. Thompson upon the 30 th of Jan. 79. He publickly declar'd That the Presbyterians were persons which the Devil blush'd at and that they were worse than either Priests or Jesuits and that the Villain Hampden grudg'd more to give the King Twenty Shillings which was his due by Law for Ship-money and Loan than to raise a Rebellion against him The Second Witness said the same and added that Thompson should say He hoped the Presbyterians
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
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 â—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
Windsor Thomas Lord Cromwel Ralph Lord Eure. Philip Lord Wharton Tho Lord Willoughby of Parham William Lord Pagett Charles Lord North Grey of Rolleston James Lord Chandos Robert Lord Hunsdon James Lord Norreys Digby Lord Gerrard under Age. Christopher Lord Tenham Fulk Lord Brook Edward Lord Mountague of Boughton Ford Lord Grey of Wark John Lord Lovelace John Lord Paulet William Lord Maynard John Lord Coventry William Lord Howard of Escrick Charles Lord Mohun under Age. Henry Lord Herbert of Cherbury Thomas Lord Leigh Christopher Lord Hatton Richard Lord Byron Richard Lord Vaughan Francis Lord Carrington William Lord Widdrington Edward Lord Ward Thomas Lord Culpeper Jacob Lord Astley Charles Lord Lucas Edward Lord Rockingham Robert Sutton Lord Lexington under Age Charles Henry Lord Wooton Marmaduke Lord Langdale Charles Lord Berklay of Stratton under Age. Francis Lord Holles Charles Lord Cornwallis George Lord Delamere Horatio Lord Townsend Thomas Lord Crew John Lord Frescheville Richard Lord Arundel of Trevise James Lord Butler of Moor-park under Age. Hugh Lord Clifford under Age. Richard Lord Butler of Weston Edward Noel Lord Titchfield Archbishops and Bishops Dr William Sancroft Lord ArchBishop of Canterbury Dr Richard Stern L. Archhishop of York Dr Henry Compton Lord Bishop of London Dr. Nathaniel Crew Lord Bishop of Durham Dr George Morley Lord Bishop of Winchester Dr. Herbert Crofts Lord Bishop of Hereford Dr. Seth Ward Lord Bishop of Salisbury Dr. Edward Rainbow Lord Bishop of Carlisle Dr. John Dolben Lord Bishop of Rochester Dr. Anthony Sparrow Lord Bishop of Norwich Dr. Peter Gunning Lord Bishop of Ely Dr. Thomas Wood Lord Bishop of Lichfield and Coventry Dr. Peter Mew Lord Bishop of Bath and Wells Dr. John Pierson Lord Bishop of Chester Dr. Humphry Lloyd Lord Bishop of Bangor Dr. William Lloyd Lord Bishop of Peterborough Dr. Guy Carlton Lord Bishop of Chichester Dr. Thomas Barlow Lord Bishop of Lincoln Dr. James Fleetwood Lord Bishop of Worcester Dr. John Fell Lord Bishop of Oxford Dr. Thomas Lamplough Lord Bishop of Exeter Dr. William Thomas Lord Bishop of St. Davids Dr. William Gulston Lord Bishop of Bristol Dr. William Beaw Lord Bishop of Llandâ—ff Dr. William Lloyd Lord Bishop of St. Asaph Note that the LORDS under Age are not Call'd by the King 's WRIT And Papists are excluded by Law The COMMONS BEDFORDSHIRE 4. William Lord Russel Sir Humphrey Monnox Baronet Town of Bedford Pawlet St. John Esquire Sir William Franklin Knight BARKS 9. William Barker Esquire Richard Southby Esq Borough of Reading John Blagrave Esq Nathan Knight Esq Borough of Wallingford Scory Barker Esq * Taverner Harris Esq Borough of Abington Sir John Stonehouse BUCKS 14. Thomas Wharton Esq Richard Hambden Esq Town of Buckingham Sir Richard Temple Kinght of the Bath and Baronet * Sir Ralph Varney Knight and Baronet Borough of Chipping-Wiccomb Sir John Borlase Baronet Thomas Lewis Esq Borough of Aylsbury Sir Thomas Lee Baronet Sir Richard Ingoldesby Knight of the Bath Borough of Agmondesham Sir William Drake Knight * William Cheyney Esq Borough of Wendover John Hambden Esq Edward Backwel Esq Borough of Great Marlow John Borlase Esq * Thomas Hobby Esq CAMBRIDGE 6 Sir Levinus Benet Baronet Sir Robert Cotton Knight University of Cambridge Sir Thomas Exton Knight * Robert Bradey Dr. of Physick Town of Cambridge William Lord Allington Sir Thomas Chicheley Knight CHESTER 4. Henry Booth Esq Sir Robery Cotton Knight Bar. City of Chester William Williams Speaker Roger Whitley Esq CORNWAL 44. Francis Roberts Esq Sir Richard Edgcomb Knight of the Bath Borough of Danhivid alias Lanceston Sir Hugh Piper Knight William Harbord Esq Borough of Leskard Sir Jonathan Trelawney Baronet John Buller Esq Borough of Lestwithiel Sir John Carew Baronet Walter Kendal Esq Borough of Truro Edward Boscawen Esq * Henry Ashhurst Esq Borough of Bodwin Hender Roberts Esq Nicholas Glynn Esq Borough of Helston * Charles Godolphin Esq Sidney Godolphin Esq Borough of Saltash Bernard Greenvil Esq Sir John Davie Baronet Borough of Camelford Robert Russel Esq Sir James Smith Knight Borough of Port-pigham alias Westlow John Trelawney of Westm Esq * Jonathan Trelawney of Coldrunoch Borough of Crampound John Tanner Esq Nicholas Herle Esq Borough of Eastlow Sir Jonathan Trelawney Baronet * John Kendal Esq Borough of Penryn Sir Nicholas Slanning Knight of the Bath and Baronet Charles Smith Esq Borough of Tregony Hugh Boscawen Esq Charles Trevannian Esq Borough of Bossiney Charles Bodvile Roberts Esq * Sir Peter Coryton Baronet Borough of St. Ives Edward Noseworthy junior Esq * James Prade jun. Esq Borough of Foway Jonathan Rashleigh Esq John Trefry Esq Boroagh of St. Germans Daniel Elliot Esq Richard Elliot Esq Borough of St. Michael * Sir William Russel Knight * Henry Vincent Esq Borough of Newport * William Morris Esq Ambrose Manaton Esq Borough of St. Mawes Sir Joseph Tredenham Knight Henry Seymour jun. Esq Borough of Killinton William Coriton Esq Richard Carew Esq CUMBERLAND 6. * Sir George Fletcher Baronet Sir John Lowther Baronet City of Carlisle Edward Lord Morpeth Sir Christopher Musgrave Knight Borough of Cockermouth Sir Richard Grahme Baronet Orlando Gee Esq DERBY 4 William Lord Cavendish William Sacheveril Esq Town of Derby Anchitel Gray Esq George Vernon Esp DEâ—ONSHIRE 26. Sir William Courtenay Baronel Samuel Rolle Esq City of Exeter * Sir Thomas Carew Knight * Thomas Walker Esq Borough of Totnes * John Kelland Esq * Charles Kelland Esq Borough of Plymouth Sir John Maynard Knight Sir William Jones Knight Town of Okehampton Sir Arthur Harris Baronet * Sir George Cary Knight Borough of Barnstable John Basset Esq Richard Lee Esq Borough of Plympton Sir George Treby Knight John Pollexfen Merchant Borough of Honiton Sir Walter Young Baronet Sir Thomas Putt Baronet Borough of Tavistock Edward Russel Esq Sir Francis Drake Baronet Borough of Ashburton Thomas Reynel Esq * William Stawel Esq Borough of Clifton Dartmouth and Hardnes Edward Yard Esq John Vpton Esq Borough of Beralston * Sir Duncomb Colchester Knight * John Elwell Merchant Borough of Tiverton Samuel Foot Esq Sir Henry Ford Knight DORSETshIRE 20 Thomas Freke Esq Thomas Strangeways Esq Town of Pool Thomas Chafin Esq Henry Trenchard Esq Borough of Dorchester James Gould Esq Nathaniel Bond Esq Borough of Lime Regis Henry Henly Esq Thomas Moor Esq Borough of Weymouth Sir John Coventry Kt. of Bath Michael Harvey Esq Melcomb-Regis Sir John Morton Baronet * Henry Henning Esq Borough of Bridport William Brag Esq * John Michel Esq Borough of Shafton alias Shaftsbury Sir Matthew Andrews Knight Thomas Bennâ—t Esq Borough of Wareham Thomas Erle Esq George Savage Esq Borough of Corfe-Castle Sir Nath. Naper Knight and Baronet * Richard Fowns Esq DURHAM 4. William Bowes Esq Thomas Fetherstone Hough Esq City of Durham Sir Richard Lloyd Knight * Samuel Tempest ESSEX 8. Henry Mildmay Esq John Lemot Honywood Esq Borough of Colchester Sir Harbottle Grimston Baronet * Samuel Reynolds Esq Borough of Malden Sir William Wiseman Kt. and Baronet Sir Thomas Darcy