that shame and confusion they deserve who through their sides strike at the Lords Anointed and endeavour to ruine both the Church and State by changing the Government from a Monarchy to a Common-wealth as experience taught us once before when the Crown soon followed the Miter and the Temporal Lords the Bishops On Wednesday four of the five Lords in the Tower were brought to the House of Lords and heard the Articles readagainst them and had Copies of them and were assigned their Counsel for matter of Law but not for matter of Fact and had time to answer till the 15th Instant But the Lord Bellasys not being able to appear by reason he was lame of the Gout was excused and had a Copy of the Articles sent him On Monday the 14th of April at a conference the Lords consented to pass the Bill against the Earl of Danby without any amendment Wednesday the 16th of April A Bill for securing the King and Kingdom against the growh and Danger of Popery was read the second time and commttied to a Committee The same day a Message was brought from the Lords that the E. of D. had rendered himself and was sent to the Tower And by another Message word was sent that the four Lords had Appeared had sent in their Answers to the Articles upon which they had been proceeded against which Answers they sent down to the Commons being the Originalls and the Lords desired the return of them with all convenient speed that they might consider of them And then the Commons Voted his Majesty a supply for the Disbanding the rest of the Forces not disbanded by the former Act. To be levied by a Land Tax in six Months By which all Forces raised or brought over from Foreign parts since the 29th of September 1677. were to be disbanded The Commission Officers being to be paid only to the first of this April The next day a debate arising Thursday the 17 of April whether the Mony for Disbanding the Army should be paid into the Exchequer it was carried in the Affirmative by 60 Voices A Committee of Secrecy was appointed to prepare and draw up evidence against the E. of Danby and also further Articles as they should see cause On Friday the 25th of April a Bill for prevention of raising Mony upon the Subjects but by Act of Parliament was read the first time and ordered to be read a second time A Bill for exporting Cloth to Turkie was read a first time and ordered to be read again The same day the E. of D. and John Lord Bellasys appeared at the Bar of the House of Lords and put in their several Answers which were sent down to the Commons with desire they might be returned with all convenient speed On Saturday it was resolved in the House of Commons 26 of April that they would the Friday following take into consideration how to make the law for prohibiting the importation of French Commodities more effectual William Viscount Stafford Henry Lord Arundel of Wardour and William Earl of Powis Appeared this day at the Bar of the House of Lords and retracted their former Plea's and put in their Answers which were by a Message sent down to the Commons which were read and referred to the Committee of Secrecy belonging to the said House This day the House of Commons resolved Nemine Contradicente That this House will sit to morrow to consider of the best means to secure and preserve the Kings person and also the Protestant Religion against the Attempts of the Papists both in the Reign of his Majesty and his Successors And accordingly they did sit and began the day very inauspiciously with reading an Address to his Majesty for the Execution of Pickering who as they said had been imployed by some of the Conspirators to execute their Execrable design of Murdering his Majesty and upon his Tryal was found guilty thereof as also of divers Priests and Jesuits who stood then Condemned by his Majesties Judges at the Old-Bayley and in several of the Circuits Upon which Offenders they humbly desired immediate Execution might be done to the terror of all such wicked persons who by their daily Traiterous practises do justify the prudence of their Ancestors in making such Laws and manifest the necessity of putting them in Execution And though there is nothing to be said for the men yet I wish they had not made this severe motion on a Lord's day it being none of those works of Charity and Mercy 29. Car. Cap. 7. no nor necessity neither which are commendable on that day and this might as well have been done on any other day Then they proceeded to the work appointed and Voted in the first place That a Bill be brought in upon the debate of the House to Banish all Papists or reputed Papists from London and Westminster and twenty Miles of the same for Six Months and to confine all those that live above twenty Miles from London within five Miles of their own Habitations under penalties and referred it to a Committee to draw up the same And then Secondly Resolved Nemine Contradicente That the Duke of York being a Papist and the hopes of his coming such to the Crown have given the greatest countenance and encouragement to the present Conspirators and designs of the Papists against the King and the Protestant Religion Resolved That the concurrence of the Lords be desired to this Vote Ordered that the Committee of Secrecy draw up a Narative of all such matters as concern the D. of Y. relating to the present Plot contained in such Papers as they have in their hands and present the same to the House on Wednesday next And then they adjourned the debate till Monday following The next day being Monday the 28th of March the House attended his Majesty with the said Address for the Executing Pickering c. To which his Majesty reply'd Gentlemen I Have always been tender in matters of blood which my Subjects have no reason to take exception at but this is a matter of great weight I shall therefore consider of it and return you an answer So little was this mercifull Prince exasperated by all the practises against him On Wednesday the 30th of April his Majesty sent for the Commons up to the Lords House and made this Speech to the two Houses My Lords and Gentlemen THe Season of the Year advancing so fast I thought it necessary to put you in mind of three particulars 1. Prosecuting the Plot 2. Disbanding the Army 3. Providing a Fleet for our common security And to shew you that whilst you are doing your parts my thoughts have not been misimployed but that it is my constant care to do every thing that may preserve your Religion and secure it for the future in all events I have commanded my Lord Chancellor to mention several particulars which I hope will be an evidence that in all things that concern the Publick security I
Danby sending a Petition to the Lords that his Counsel durst not appear to defend his case by reason of the Vote of the Commons the Lords at a Conference desired to know if there were any such Vote to which the Commons would not answer Sir Robert Howard acquainting them there had been paid from our Lady-day 1676 to the 20th of March 1679 the Sum of 252467 lb. 1 s. 9 d. for Secret Services They ordered that Mr. Charles Bertie should be taken into Custody of the Sergeant at Armes attending their House And in the Next place they ordered that all the Members that were of the Long Robe of their house should prepare themselves with Reasons against the pardon pleaded by the E. of Danby Which was very necessary now that no body durst defend it So the Lords Ordered the E. to be returned to the Tower in safety On Sunday the Lords agreed to the demand of the Commons for the appointing a Committee of both Houses to state the Preliminaries of the tryals to be had to meet the next day May 11. And then the Commons proceeded to Vote that a Bill be brought in to disable the Duke of York to inherit the Imperial Crown of this Realm and appointed a Committee to draw the same Which was in pursuance of their former Vote on Sunday the 27th of April Though the Lords who had been twise desired to concur in that vote had given no answer to it Out of an apprehension perhaps that his Majesties Life might be indangered upon this Vote they resolved Nemine Contradicente That in defence of the Kings person and the Protestant Religion this house doth declare that they will stand by his Majesty with their Lives and Fortunes and that if his Majesty should come by any violent death which God forbid that they will revenge it to the utmost upon the Papists As if it had been impossible his Majesty should be murthered by any other then a Papist or that it had been any consolation to his Majesty to have known that his death should have been revenged to the utmost on them who ever had been the cause or procurers of it This prov'd the occasion of breaking all the following Parliaments to this day and thereby to secure the Popish Lords in the Tower from Tryal and to prevent all the excellent Laws that were then under consideration against Popery from ever being brought to pass And finally it prov'd an obstacle of union between the King and the Houses to the great advantage of our Enemies at home and abroad to the great hazard of the Nation and more especially of the Protestant Religion which was pretended to be secured by it I shall say more of this Vote and the former hereafter when the effects of them will appear better then they did at first On Wednesday his Majesty sent another Message to the Commons to put them again in mind of the Fleet May 14. and let them know he would acquit himself of the evil consequences which the want of a Fleet in such a juncture might produce and that the entering upon it could be no hinderance to the other great affairs on their hands but rather a Security in the dispatch thereof Upon which a debate arising they adjourn'd the Consideration of this Message till Monday Sennight after which had the appearance of a denial On Thursday there arose a Controversy betwixt the two Houses about the Bishops May 15. for the Lords having Voted that the Lords Spiritual have a right to stay and sit in Court till the Court proceed to the Vote of Guilty or not guilty The Commons opposed it and said that the Lords Spiritual ought not to have any Vote in any proceedings upon impeachments against the Lords in the Tower involving the E. of Danby's case with the other Lords though it was vastly different And indeed from hence arose this contest the Commons imagining that the Bishops would be for the validity of his pardon and so make a major Vote in that House and therefore as they had deprived him of his Counsel before so now the business was to out the most favourable part as they thought of his Judges The same day the Bill to disinherit the D. of York was read the first time and Ordered a second reading On Saturday a Vote of the House of Lords was read in the House of Commons May 17. 16 May 1679. Resolved by the Lords Spiritual and Temporal in Parliament assembled that Thursday next be appointed to begin the Tryals of the five Lords in the Tower viz. the E. of Powis c. After which resolution the Lords Spiritual asked the leave of that house that they might withdraw themselves from the Tryals of the said Lords with the Liberty of entring their usual Protestations Upon which the Commons Resolved That it be given as an instruction to their Committee to insist upon the former Vote of this House That the Lords Spiritual ought not to have any vote in any Proceedings against the Lords in the Tower and when that matter shall be setled as they please for the Lords had setled it and the method of proceedings adjusted this House shall then be ready to proceed upon the Tryal of the E. of Danby against whom the House hath already demanded judgment and afterwards to the Tryal of the other five Lords in the Tower So here was the two Houses in their Votes point blank against one another I shall here take notice of some Arguments that passed betwixt the Lords and the Commons as they are expressed in the Lords Journal On Tuesday the 13th of May The Commons desired to know concerning the Bishops being present at the Tryals of the Lords impeached to which the Lords made this Answer That it belonged not to the Commons to be concerned in the Constituting parts of the Court upon such Tryals but that the judgment of this matter belongs entirely to the Lords and when they have adjudged it the Commons cannot alter it and therefore should not debate it Upon which the Commons acknowledged that Judgment after Tryal is in the Lords but their Lordships are not to give judgment unless the Commons demand it and that the Commons desire to know whether the Lords will proceed in these Tryals as their Lordships did anciently for if the Bishops should sit upon these Tryals they should not demand Judgment but being dissatisfied with their being there and it may be the Commons may proceed by Bill To which the Lords made Answer that after the Evidence is fully heard they are bound to give judgment of Condemnation or Acquittal but this being a matter of Judicature the Lords declared that they would impose silence upon themselves and debate it no further The Commons further desired to know whether the Bishops should be allowed to vote upon the Validity of the pardon of the E. of Danby which they account no Preliminary but the very essence of the Tryal On
they might have made a Legal defence and have received a Legal Sentence But here they had nothing but bare affirmations without any witness to defend them and a Sentence founded upon this as sharp chargeable and dishonourable as was possible If this be the Liberty of the Subject and these men our defenders from Arbitrary Government On Friday October 29. Sir George Downing having obtained Leave to bring in a Bill for wearing of the Woollen Manufacture of England The House Ordered that Dr. Tongue should be recommended to his Majesty for the first Considerable Church-Preferment that should happen to become void in the Kingdom And then the Speaker Reported his Majesty's Answer to the Address concerning Pardons which is recited above which Answer was THat he did intend to direct such a Proclamation and was resolved not onely to prosecute the Plot but Popery also and to take Care of the Protestant Religion Established by Law and if We joyn and the Lower House go on Calmly in their Debates without heats He did not doubt but to beat down Popery and all that belongs to it This Answer will stand upon Record against them and Posterity will certainly give them their due for Neglecting this Mild Admonition of this Meek Prince But to go on Mr. Harbord Reported the Address for the Support of the King's Person and Government and the Protestant Religion both at Home and Abroad Which was as followeth WE Your Majesties most Dutiful and Obedient Subjects the Commons in this present Parliament Assembled Do with most Thankful Hearts Acknowledg not Onely Your Majesties many former Royal Declarations of Your Adherence to the * * What Protestant Religion why are not the words by Law Established here as well as in his Majesties Answer above Protestant Religion in the Preservation and Protection thereof but Your further Manifestation of the same in Your Gracious Speech to both Houses at the Opening of this present Parliament in which Your Majesty is pleased to Command us strictly and impartially to prosecute the Horrid Popish Plot without which we do fully assent to Your Majesties great Judgment That neither Your Person nor Government can be Safe nor your Protestant Subjects It being part of the very Religion of Popery where it can obtain to Extirpate all Protestants both Prince and People which hath caused in the Times of Your Royal Ancestors since the Reformation that great Care to oblige the Subjects against their return to the Papal Yoke in the very same Oathes wherein they Swear Allegiance to their Prince And as Now the Eyes of all the Protestant Kingdoms and States abroad are upon us and looking upon Your Majesty as the Royal Head of so many Protestant Countries cannot but hope upon a Happy and Solid Security in our Religion at Home That your Majesty will be the greatest Protection to them from whom we may expect a Mutual Assistance as being involved in the same Common Danger So we do humbly assure your Majesty That we shall be always ready to preserve your Majesties Person and Government and to Support the * * What that by Law Established or another As contrary to it as Popery is Protestant Religion both at home and abroad And do Humbly beseech your Majesty to Esteem all persons whatsoever who shall otherwise represent Vs to your Majesty as those who design to divide between the King and his People and to defeat the Meeting and Sitting of Parliaments That those Popish Designs may succeed which they well know cannot otherwise prosper And this they have made Vndeniably Evident in the Interval of Parliaments by Contriving with unparallel'd Insolence a most Damnable and Wicked Design to transfer their own Crimes upon so many of your Majesties Loyal Protestant Nobility and Gentry hoping thereby to destroy those who with the greatest Zeal and Integrity endeavour to prosecute them The Effect of this Specious Address to possess the People what Stout Champions the Presbyterians are against Popery and to Involve all them that had appeared against them as Papists or Favourers of Papists and to let the World know what a horrid opinion they had of that Silly-impossible-Meal-Tub-Sham Plot And Certainly the Popish Party were much to blame to Lay their Treasons to the Presbyterians who have too many of their own to answer for without this Accumulation of guilt from others Crimes But as to their boast of their Great Zeal and Integrity in endeavouring to prosecute the Popish Plot we shall be better able to judge of it in the Conclusion of this Session of Parliament Then the House Proceeded to Examine Sir Francis Wythens business and it appearing by Witness and his own Confession that he had presented an Address to his Majesty expressing an Abhorrency to Petition his Majesty for the Calling and Sitting of Parliaments they Voted him a Betrayer of the Undoubted Rights of the Subjects of England and ordered him to be Expelled the House for this High Crime and to receive his Sentence at the Bar upon his Knees Which he submitted to Observe how they misrepresent this Gentleman the Address he presented was drawn by the Bench at Easter Sessions for Westminster and related onely to that Petition and that Parliament in those Circumstances now as they word the business it must signify that the Address was against All Sorts of Petitions for the Sitting of Parliaments in the plural Number which is foul play to misrepresent the Matter of fact in a thing so lately done and well Known to every body in the very place where they Sit but it was necessary it should be so worded to Justify the Severity of the House if that would have done This was the Second Member of Parliament they Expelled in a way that was look't on as Arbitrary and unexampled and this was the use they made of His Majesties Advice to proceed Calmly and without Heats On Saturday the 30th of October They passed a Vote That the Votes of their House should be Printed being first Perused and Signed by Mr. Speaker who was to Nominate and Appoint the persons to Print the same From these Printed Votes I have Extracted what hath gone before and shall follow after and to them I appeal for the truth of this Narrative of their Proceedings and but for this Vote it might have been difficult to have known what they had done so as to have charged them By them also I have been encouraged to speak my Mind more freely of this than of the former Parliaments for this Printing their Votes could be designed for Nothing but to enable the People to pass a Judgment on their Actions one of which Number I am Their next Vote was That they would proceed to the full Examination of the Popish Plot in order to bring the Offenders to Justice And then they Nominated a Committee to Inspect the Journals of the Two last Parliaments and Report their proceedings relating to the Popish Plot and Ordered An Address to his Majesty for
the Letters Papers and Evidences which have been delivered to the Privy Council relating to the said Plot. This Afternoon they Waited upon his Majesty with their Address for the Preservation of his Person and Government c. On Munday the First day of November Mr. Secretary Jenkins told the House the Papers they had Addressed for had been sent to the Committee of the House of Lords for Examination of the Plot the 24th of October The Bill for wearing of Woollen was also read and committed Then the Speaker Reported the King's Answer to their Address for Preservation of his Majesties Person and the Protestant Religion which was as followeth I Thank you very heartily for your Zeal for the Protestant Religion and I assure you there shall be nothing wanting on my part at Home or Abroad to preserve it Sir Francis Winnington Chairman of the Committee for Inspecting the Journals of the Two last Parliaments concerning the Proceedings relating to the Popish Plot reported a general abstract of the same which was Ordered to be perfected and that they should inspect those of the House of Lords for the same time Then one Hardwich a Linnen-Draper being accused of some Misdemeanors against one Seignior Francisco a Witness in the Popish Plot was Ordered to be sent for in Custody of the Serjeant Attending their House to answer the same This was to punish a man before they knew whether he were guilty or no upon a bare Suggestion On Tuesday the 2 d. of November A Bill for prohibiting the Importation of Irish Cattel was read and committed And then one Harnage was ordered to be brought to the Bar for abusing Francisco Ferria And then they Voted an Address to his Majesty for a pardon for Dangerfield and that he would take him and Mr. Dugdale Mr. Prance and this Seignior F. Ferria into his Royal Care and Protection But these were small matters to what follow Resolved Nemine Contradicente That the Duke of York's being a Papist and the Hopes of his coming such to the Crown hath given the greatest Countenance and Encouragement to the present Designs and Conspiracies against the King and Protestant Religion Resolved That in defence of the King's Person and Government and of the Protestant Religion this House doth declare That they will stand by his Majesty with their Lives and Fortunes and that if his Majesty shall come by any violent death which God forbid they will Revenge it to the Vttermost upon the Papists who ever did it Resolved That a Bill be brought in to disable the Duke of York to Inherit the Imperial Crown of this Realm On Tuesday the 3 d. day of November the Lords sent down an Act they had passed for the better Regulating the Trials of the Peers of England to which they desired the Concurrence of the Commons and it was read the same day and committed Mr. Harnage being then brought to the Bar was continued in Custody of the Serjeant during the Pleasure of the House Not one tittle being inserted concerning the Nature of his Misdemeanor The Committee for Examination of the Journals were also appointed to inspect the Impeachments against the Lords in the Tower and the proceedings thereupon And they were also to prepare Evidence against the said Lords And in the mean time they Voted Resolved Nemine Contradicente That a Bill be brought in for the better Vniting of all his Majesties Protestant Subjects This was now a New Name for a Toleration as I will make it appear Ordered That Sir Tho. Whitegrave and Mr. Birch of Stafford Apothecary and Lieutenant Ellis be sent for in Custody of the Serjeant to answer to the Charge given against them by Mr. Dugdale Ordered That Herbert Herring be sent for in Custody c. for a Notorious Breach of Priviledge by him committed against Mr. Colt a Member of their House No account how or when being given But Jeremiah Bubb was onely Summoned to appear at the Bar to answer for a Breach of Priviledge committed against Mr. Colt The Bill for Prohibiting the Importation of Irish Cattel was read the second time and committed And Leave was given to bring in a Bill for the Exportation of Leather On Thursday the 4th of November the said Bill was read the first time and Ordered a second reading And then Mr. Secretary Jenkins Reported his Majesty's Answer concerning the Informers against the Popish Plot which was That Care had and should be taken of them Ordered That a Committee be appointed to inspect the Act intituled Trade Encouraged made in the 15th Year of his Majesties Reign and to bring in a Bill for prohibiting of Scotch Cattel at certain Seasons And then after some Debates and Votes concerning Elections of which I shall take no Notice The Bill for disabling the D. of York to Inherit was read the first time and committed Ordered That a Committee be appointed to Inspect the Laws that are in being touching the Maintenance of the Poor and to bring in a Bill or Bills for Regulating and preventing the encrease of the Poor in this Kingdom On Saturday the 6th of November it was Ordered That a Committee be appointed to Inspect the Law concerning the Anniversary Reading of the Narrative of the Gunpowder-Plot in Churches on every Fifth day of November and to Report the same to the House Resolved N. C. That it is the Opinion of this House That the Acts of Parliament made in the Reigns of Queen Elizabeth and King James against Popish Recusants Ought not to be Extended against Protestant Dissenters It would have been well if we had been told why they ought not to be Extended to all that break them one as well as another And then how it should be possible to distinguish these two Sorts of offenders one from the other the offence being Exactly the same tho the cause be a little different And then thirdly if a Bill had been brought in for that purpose for the Votes of the House of Commons are no binding Expositions of Law nor I hope never will be Lastly this Vote was needless if the Bill of Vnion went on and to no purpose if it did not as I suppose they understand Now. Ordered That a Committee be appointed to prepare and bring in a Bill for Repeal of all or any part of the Act of Parliament made in the 35th Year of the Reign of Queen Eliz. Cap. 1. Printed in the Statute Book of Pulton This was a severe Act against the Dissenters and they were Now to be Countenanced and Encouraged to the utmost for what end and purpose is not difficult to be guessed by their Insolence against the King and Government A Bill for Exportation of Cloth and other Woollen Manufactures into Turkey was read the first time and committed The Bill to disable the Duke of York was read the Second time and committed to a Committee of the whole House with a Resolution declared that it should Extend to the Person of the Duke of
many other such proceedings As the Parliament that is the Commons Courted the City so the City was as kind to them and Calling a Common Councel Voted an Address to his Majesty to declare their Loyalty and to Petition him that the Parliament might Sit until Protestantisme was Secured I believe they might mean innocently tho I am well Secured that this would have perpetuated them to the End of the World if some amongst them might have been Judges of the time when this great work was perfected But this did not Edify with his Majesty who penetrated to the bottom of these little Projects and was not over-pleased with this Correspondency betwixt this and the Commons remembring what ill effects this Conjunction had in the Reign of his Father So he Advised the Common-Councel to meddle with those things that lay before them and assuring them That he would Labour to maintain the Protestant Religion as it was Established by Law which was more than they desired he dismissed them On Munday the 15th day of November A Bill against the Importation of Cattel from Scotland was Read the first time and Ordered a Second Reading the Saturday following at Ten of the Clock This day was delivered the following Message to the Commons CHARLES R. HIS Majesty did in his Speech at the Opening of this Session of Parliament desire your Advice and Assistance in relation to Tangier the Condition and Importance of the Place obliges his Majesty to put this House in mind again That He relies upon them for the Support of it without which it cannot be much longer preserved His Majesty doth therefore Earnestly Recommend Tangier again to the due and speedy Consideration and Care of this House A Debate thereupon arising in the House they Voted That they would proceed in the Consideration of this Message the next Wednesday Morning at Ten of the Clock A Bill sent down from the Lords Intituled An Act for the better Regulating the Tryals of the Peers of England was Read the Second time and Committed upon the Debate of the House This day the Bill for Disabling the Duke of York was Read the first time in the House of Peers and the question being put Whether it should be read again the House divided Noes 63. Yeas 30. So it was Thrown out the Bishops all appearing against the Bill Except three for which some of the Commons Reflected upon them with great Liberty as if no body could be for the Duke but he must be for Popery The House of Commons taking notice of this were so discomposed that they Adjourned themselves on Tuesday Morning and did nothing that day And the day following meeting in a very bad and discontented humour and taking into Consideration the Message about Tangier They Resolved upon an Address to his Majesty upon the Debate of the House Humbly representing to him the dangerous State and Condition of the Kingdom And then it appearing that George Earl of Hallifax had been very Active in the House of Lords against the Bill for Dis-inheriting the Duke they Resolved also upon another Address to his Majesty to remove the Earl from his Majesties Presence and Councils for Ever And this was all they did the Second day after The House being in a perfect Fret and the Country-Party Heating themselves by their Speeches to that height they were scarce able to Consider what was fit to be said or asked And now that the Peers of England have passed their Judgment concerning this Bill I will add some short Reflections upon the Bill which I shall shall submit to my Reader as it is fit I should First Then I do acknowledg it is a great affliction to any Protestant Country to fall into the Hands of a Popish Prince and worse for England then for most other because of the great and implacable Malice the Jesuits and the whole Church of Rome have ever born to the Religion Established amongst us which is more easily defended against them then any other Reformed Church as being founded upon greater Antiquity and more conformable to the Primitive Church of the Three or Four first Centuries then either the Church of Rome or any of the Reformed Churches in these Western Parts of the World and therefore they of the Church of Rome Have left no stone unturned to Subvert her imploying all their own Wit and Power against her ever since the Reign of Queen Elizabeth began and sticking neither at Perjury Treason Murther nor any other Villany that they thought might conduce to that End and when God had by his Gracious Providence defeated all these their Damnable Projects They Transformed themselves into the shapes of our own Protestant Dissenters and so promoted a Rebellion which ended in the seeming Ruine of this Religion and Government to their mighty Content and Satisfaction but tho his Majesty at his Return re-settled this Church yet they did not give over but by a Toleration by spreading Pamphlets written in the Stile of the Dissenters and so very acceptable to them by discouraging all that opposed our Intestine Divisions and a multitude of such other frauds they have in Twenty Years time so shaken her foundations again that his Majesty can hardly now preserve and uphold her against the Popish Party on the one hand and the Dissenters on the other So that if this poor persecuted Church should fall into the hands of a Prince of their Communion She is to Expect whatever the most Enraged Malice armed with his Authority can inflict upon her and She hath all the reason in the world to expect the Dissenters will joyn with them to afflict and ruine her Not out of any Kindness to Popery but out of an implacable hatred they two have Conceived against her So that I must and will Conclude the Church of England hath the greatest reason in the world to dread that day that shall put her into such hands But yet still with this limitation notwithstanding that by Avoiding one Mischief she should not plunge her Self into a greater that is by flying a Persecution from men to fall into a Rebellion against her God and Saviour by whose Providence Kings and Princes of what Religion soever they be rule and by whom they have in all Ages been so Ordered Disposed and Governed as He in his Divine and Holy Wisdom Saw most Expedient for the Prosperity or Chastisement of his Church to the greater encrease of her Glory and Happiness in the world to come Two things I will lay down as Undoubted Rules or Maximes 1. That the Kingdom of England is an Hereditary Kingdom or Monarchy which for many Ages hath gone to the Next Heirs be they Males or Females of the Blood Royal without any Election or Consent of the People otherwise then by acknowledging their Lawful Right derived from God by their Blood to them The Second is That this Hereditary Monarchy was set up at first and hath been since upheld and maintained by the Providence of
for that some men have got a way of Reproaching all they hate with the Name of Papists because there is none more hated than that yet even for that case the Number must be small being very unwilling to List themselves in a hated Party Except they may have great Advantages by it which are not to be afforded to many in proportion to the rest in one Kings Reign in so small a Kingdom as England Thirdly The very attempting this with Force and Violence will drive so many people out of the Nation that the Prince will destroy both his Revenue and Security which we may believe no man will do for his own sake To this we may add That it is three to one whether we have any such Prince Who but God can tell whether ever the Duke shall Survive his Majesty Whether if he do he shall be the Next Heir and whether if he be So his Interest the Grace of God or meer humane inconstancy may not work upon him to return to that Religion he was first principl'd in and for which his Royal Father most Gloriously Laid down his Life And after all this Supposing he should Succeed and be Zealous for his Religion and Suppose that to be Popery there is no necessity that he must Act all the worst Principles of Popery to the Utmost degree I am sure it is not usual so to do tho the difficulty be not so great as here it will be And after all doth not the Providence of God govern the Popish as well as Protestant Princes Is the Arm of the Almighty shortned that he can neither Deliver nor Support his Church or hath he forsaken her in her Old Age who preserved her with So much Care and Power in her Infancy under Heathen Princes for above Three hundred Years and under Arrian Princes which were as bad as the worst Papists a long time after that Do we believe this Protestant Religion is acceptable to him Are the far greatest part of them that profess it Sincere or False in their pretences If all these be answered one way we have Something to rely upon that is more Steady than the Faith and Religion of Princes If in the other it will be but a folly to pretend to Secure by humane Arts that which God is resolved to destroy But the reason upon which the Bill of Exclusion is built is worse than the thing First they Vote That the Dukes being a Papist and the Hopes of his Coming such to the Crown hath given the greatest Countenance and Encouragement to the present Designs and Conspiracies against the King and Protestant Religion They Vote the Duke a Papist which is more than any man living can tell but himself and if it should be granted that he is So what then Then this hath given the greatest Countenance and Encouragement to the present Designs and Conspiracies against the King and Protestant Religion and then the Conclusion is That therefore he must be dis-inherited To me it seems better Logick to say Then all possible Care and Art is to be imployed to reduce him back to our Church whereas this way of proceeding with him can end in nothing but the enraging and exasperating of him against the Protestant Religion But then the Duke's being a Papist hath not given the greatest nor if we may believe Mr. Oates hardly any Encouragement to the Plot for he tells us Article 60. that when he urged That he feared the Death of the King would scarely do the business and effect the Design unless his R. H. would pardon those that did the business and stand by them in it Keines replyed That the Duke was not the Strength of their Trust for they had another way to effect the setting up the C. R. c. And if James did not Comply with them to pot he must go also And Article 29. If the Duke shall set his face in the least measure to follow his Brothers foot-steps his Passport was made to Lay him asleep And Article 24. They the Jesuits aver That altho the Duke was a good Catholique yet he had a tender affection for the King and would scarcely be engaged in that Concern and if they should once intimate their Designs and Purposes unto him they might not onely be frustrated of their Design but also might lose his Favour Art 16. He saith he putting this question What if the Duke should prove Slippery They replyed His Passport was ready when ever he should Appear to fail them And page the 64. He tells us He the Pope hath ordered That in case the D. of York will not accept these Crowns as forfeited by his Brother unto the Pope as of his Gift and settle such Prelates and Dignities in the Church and such Officers in Commands and Places Civil Naval and Military as he hath Commissioned Extirpate the Protestant Religion and in order thereunto Ex post facto Consent the Assassination of the King his Brother Massacre of his Protestant Subjects Firing of his Towns c. by Pardoning of the Assassins Murtherers and Incendiaries that then he also be Poysoned or destroyed after they have for some time abused his Name and Title to Strengthen their Plot c. All which Passages in his and other of the Narratives shew plainly the D. being a Papist was not the greater nay it was hardly any encouragement to the Plot and tho some of them have gone farther than Mr. Oates yet that shews the Jesuits had different opinions of His R. Highness and therefore had no assurance but if the Plot upon the Life of the King had succeeded he might have revenged it upon them tho he were of their Religion as they believed But because these things may be disputed both ways Suppose I should grant the Hopes of his Coming a Papist to the Crown did really give the greatest Encouragement to the Plot will dis-inheriting him defeat those hopes No but it will rather whet them on to do their utmost to Murther the King to prevent or revenge that injury to the Duke and of this the House was so sensible that the same day they passed this Vote they Added to it this that followes Resolved N. C. That in Defence of the Kings Person and Government and of the Protestant Religion this House doth declare That they will Stand by His Majesty with their Lives and Fortunes and that if his Majesty shall come by any Violent Death which God forbid they will revenge it to the Vtmost upon the Papists This latter Vote they have annexed to the former every time they have passed it which shews they are sensible Revenge and Despair are full as likely to push them on as Hope to this Horrid attempt and in that case this Vote will never hinder them but it may encourage the Scotch Assassins to do it if they can Knowing the Papists are to Suffer who ever doth the fact So that to me it seems the Reasons upon which the Bill
in the interim who had with much impatience expected this day of Deliverance from this terrible Parliament and had sought the Dissolution of it so many Years by all those Arts I have described in the former Part now began to lift up their heads expecting to have another tugg for the Day and having before wrought upon the meanest but most Numerous part of the Free-men and Free-holders and the weakest of the Gentry by jading their Ears with tedious canting Discourses against Humane Institutions Persecuting Gods People and Arbritrary Government and now of late with Tragical Representations of the Popish Plot Massacres Popery and Superstition flew from their sullen retirements and Riding Night and Day about the Villages and trudging about the Corporations incited those they found willing and perswaded intreated and sometimes hired those they found less disposed to joyn with them and by the choice of a sober Protestant Parliament as they pretended to deliver the Nation from Popery and Arbitrary Government which were good Words but had a Knavish signification in their Sense and if any Man smelt ir out and told them truly they were neither for Popery nor Arbitrary Government nor yet for Puritanism and a Common-wealth they ran him down with noise or traduced him behind his back to their Neighbours as a Papist in Masquerade and a Man of Arbitrary Principles But if a Man had but chanced to drop a Word by way of questioning the Truth of one Tittle the many Informers had given out concerning the Plot or these Zealots had raised by way of Consequence presently they flew in his face and villified him as a defamer of the Kings Evidence a concealer of the Plot and could hardly forbear saying He was a Party to it and one of the Conspirators in it As if we had not only been bound to submit our Faith and Reason as intirely to Mr. Oats's Relation in every Punctilio as to the Evangelists upon which he Swore it but also to what Inferences a Faction should draw from it From hence they proceeded to insinuate into the Populace That those Loyal Gentlemen who had been Members of the late long Loyal Parliament who were then call'd the Court Party had joyn'd with the Court to hinder the Discovery of the Plot and promote the Designes of the Papists upon us And although there was not one syllable of Truth in this yet they asserted it with that confidence and added so many protestations often interrupting their opposites with such questions as these What you are for Popery you are willing to have all your Throats Cut and the like that they perswaded too great a Number to joyn with them in the Exclusion of those Gentlemen In the next place fearing the greatest hindrance from the conformable Clergy and the Bishops they represented them amongst their Confidents as nothing better than the Papists and amongst the rest as Men that had a mighty kindness for Popery in their hearts where these prying people spied it though they durst not discover it for the present and with great Assurance said that they would certainly all turn Papists if the Plot went on though Mr. Oates had assured them their Places were disposed of to others before hand and they must expect nothing but beggery assassination and Ruine But yet the people who never consider any thing believe them in this too In the next place they were to deal with the Gentry and Magistrates and here the task was harder for these were never to be wrought over generally to them but amongst them some were their friends of old others had come half way over to gain the Reputation of Moderate Men others had been disgusted by the Government and some few had Relations amongst the Dissenters or Children and Brothers Apprentices Journey-men and Factors to them and these Interests prevail'd upon to joyn with them the rest they blasted what they could by the same Arts they did the Clergy averring they were Papists or favourers of Papists and Popery especially if they had any relations of that Religion or had shewed the least kindness to their Popish Neighbours in the first Discovery of the Plot or had had any acquaintance with them before the Plot. And having by all these multiply'd Slanders got over a very considerable part of the meaner people and yet fearing the party might be too weak they made fraudulent Conveyances for Twenty four hours of their Freehold-Lands and Tenements to their Neighbours by this means creating Twenty Mushrom Voters sometimes out of Forty pounds a year and some that were less scrupulous took the Gifts by word of Mouth without Livery or Seizin Lease or Release and some gave Twelve pence in part of payment for those Lands and Tenements they never meant nor were ever able to Purchase further and so became qualified to give their Votes as they thought and others gave their Children that were Infants part of their Estates with them and brought them along for company and in the interim the Wealthy sort of Men hired Horses or gave Mony to the more Needy to give their Votes for the precious Men that were to keep out Popery The Conventicle Teachers rallied up their Flocks all but the Aprons and they were unwillingly enough left at home The old Committee Men Sequestrators Army Officers and Soldiers of the last Rebellion who had kept holes ever since His Majesties Return for Grief Confusion and Fear now all took the Field again to Vote too and with these joyned all those unwilling Conformists whether Clergy or Layety who have complyed with the Religion Established with purpose to ruine it as soon as it is possible and in the interim great gain is godliness with them and does any man believe all these Forces were thus Mustered up for the Service of His Majesty the Safety of the Monarchy and the preservation of the Religion and Government Establish'd The persons they recommended to the people to be chosen again were first all those Gentlemen who calling themselves the Country Party in the former Parliament had appeared most Zealously against the Queen his Royal Highness and the Ministers of State to these they added as many as they could of the Reliques of the old Rebellion or their Children and made up the Number out of the moderate and discontented Gentlemen Burgesses and Trades-men taking in here and there an honest Gentleman in hopes to win him to their side by this kindness and sometimes this pittiful Project took For my part Act. 22. I think nothing could more confirm the Testimony of Mr. Oats who informs us That the Catholick Religion was to be brought in the same way that they had used for the Destruction of the Father of the King and as that could not be effected till much Blood was spilt on BOTH SIDES so this must be effected by effusion of Blood Pag. 64. and this he Expounds was to be done by weakning and dividing the Kingdoms of England Scotland and Ireland
by Civil Wars and Rebellions as in His Majesties Fathers time to make way for the French to Seize these Kingdoms and totally to Ruine their Infantry and Naval Force These are Mr. Oats his Words and whoever had seen the persons Must'red up about the choosing this Parliament would have thought that Forty One had been returned again and that the Jesuits under the shape of Nonconformist Ministers had been turning the Plot that way now God had defeated the close one But though all this Care was taken the Dissenters did not carry the Elections every where nor almost any where without great Resistance For on the other side the Gentry appeared themselves and brought in their Tenants and Dependences and many of the Yeomanry and Free-holders were Zealous for the Church and Government and in Corporations the Magistrates and Free-men had not forgot the old tricks of the Dissenters and were resolved not to be ruin'd twice by the same Arts so that the two Parties were almost equal there and in the Counties the Gentry were certainly the stronger side if Perjury had not been employed against them and in some places they prevailed against that too but not so as to make an equal Party in the House The Persons that stood on this side were Men of Undoubted Loyalty to the King hearty lovers of the Religion Established and great Enemies to Puritanism Faction and Rebellion and for these good qualities were stiled by the contrary Party-men of Arbitrary Principles and favourers of Popery some of these had been Members of the Last Parliament and been of that they call the Court Party who had been guilty of Setling the Monarchy and Suppressing the Rebellion and the Nurseries of it the Conventicles and others were taken in to fill up the vacancies of or very nearly of the same Principles The Elections being thus made the Parliament met the day appointed which was Thursday the sixth of March 1678. and my business is to wait upon them and see how matters went in the Lower House especially and as an Introduction I will take notice of His Majesty's Speech in the first place part of which was as followeth My Lords and Gentlemen I Meet you here with the most earnest desire that man can have to Unite the Minds of all my Subjects both to me and to one another and I resolve it shall be your faults if the Success be not suitable to my desires I have done many great things already in order to that end as the Exclusion of the Popish Lords from their Seats in Parliament the Execution of several men both upon the Score of the Plat and of the Murder of Sir Edmonberry Godfrey and it is apparent that I have not been idle in prosecuting the discovery of both as much further as hath been possible in so short a time I have disbanded as much of the Army as I could get Mony to do and I am ready to disband the rest so soon as you shall reimburse the Mony they have cost me and will inable me to pay off the remainder And above all I have Commanded my Brother to absent himself from me because I would not leave the Malicious Men room to say I had not removed all causes which could be pretended to influence me towards Popish Counsels Besides that end of Union which I am at and which I wish could be extended to Protestants abroad as well as at home I propose by this last great step I have made to discern whether Protestant Religion and the Peace of the Kingdom be as truly aimed at by others as they are really intended by me for if they be you will imploy your time upon the great concerns of the Nation and not be drawn to promote private animosities under pretences of the publique your Proceedings will be calm and peaceable in order to those good ends I have recommended to you and you will curb the motions of any unruly Spirits which would endeavour to disturb them I hope there will be none such amongst you because there can be no man that must not see how fatal differences amongst our selves are like to be at this time both at home or abroad I shall not cease my endeavours dayly to find out what more I can both of the Plot and Murder of Sir Edmondberry Godfrey and shall desire the Assistance of both my Houses in that work I have not been wanting in giving orders for putting all the present Laws in Execution against Papists and I am ready to joyn in the making such further Laws as may be necessary for securing of the Kingdom against Popery And after a short discourse of supply's he goes on I will conclude as I begun with my earnest desires to have this a Healing Parliament and I do give you this Assurance that I will with my life defend both the Protestant Religion and the Laws of this Kingdom and I do expect from you to be defended from the Calumny as well as Danger of those worst of men who endeavour to render me and my Government odious to my people By which last passage I believe his Majesty reflected upon the Dissenters and Common wealth Party who as they were more believed so they had been more busie in traducing him and that with a more Mischievous Malice and effect than the worst Jesuits during this short time betwixt the Dissolution of the last and the Election of this present Parliament and therefore his Majesty had reason to tell the Parliament he expected to be defended by them from the Calumny of the Dissenters as well as from the danger of the Papists both which are the worst of men as who did endeavour to render him and his Government Odious to his people The Lord Chancellor's Speech was for the most part but an enlargement upon his Majestie 's as it uses to be and therefore I shall take notice of some passages only in it He advised them not to overdo their business and by being too far transported with the fears of Popery neglect the opportunities they then had of making sober and lasting provisions against it He told them it was a Custom of the Jesuits first to Murder the fame of Princes and then their persons first slandering them to their people as if they favoured Papists and then to assassinate them for being too Zealous Protestants He represented what a joy it would be to them to see us whom they could not destroy by the conspiracy Ruining our selves after the discovery by incurable jealousies and disturbing the Government And that further care might be taken of Regulating the Press from whence there daily stole forth Popish Catechisms Psalters and Books of Controversie and Seditious and Schismatical Libells too We shall now see how these Counsells were pursued by the Parliament The first thing the House of Commons did was to choose Edward Seymour Esquire their former Speaker their Speaker again But the next day the King disliking the choice and Commanding them to
shall not follow your zeal but lead it The Lord Chancellor spoke thus My Lords and you the Knights Citizens and Burgesses of the House of Commons THat Royal care which his Majesty hath taken for the general quiet and satisfaction of all his Subjects is now more evident by these new and fresh instances of it which I have in command to open to you His Majesty hath considered with himself that it is not enough that your Religion and Liberty is secure during his own Reign but he thinks he owes it to his people to do all that in him lies that these blessings may be transmitted to your posterity and so well secured to them that no succession in after Ages may be able to work the lest alteration And therefore his Majesty who hath often said in this place that he is ready to consent to any Laws of this kind so that the same extend not to alter the descent of the Crown in the Right Line nor to defeat the Succession hath now commanded this to be further explained And to the end it may never be in the power of any Papist if the Crown descend upon him to make any change either in Church or State I am commanded to tell you that his Majesty is willing that provision may be made first to distinguish a Papist from a Protestant Successor then to limit and circumscribe the Authority of a Popish Successor in these cases following that he may be disabled to do any harm first in reference to the Church his Majestie is content that care may be taken that all Ecclesiastical and spiritual Benefices and promotions in the Gift of the Crown may be conferred in such a manner that we may be sure the Incumbents shall always be of the most Pious and learned Protestants And that no Popish Successor while he continues so may have any power to controul such preferments In reference to the State and civil part of the Government as it is already provided that no Papist can sit in either House of Parliament so the King is pleased that it be provided too that there may never want a Parliament when the King shall happen to dy But that the Parliament then in being may continue indissolvable for a compleat time or if there be no Parliament then in being then that the last Parliament which was in being before that time may reassemble and sit a competent time without any new Summons or Elections And as no Papist can by Law hold any place of trust so the King is content that it may be further provided that no Lords or other of the Privy Council no Judges of the common Law nor in Chancery shall at any time during the Reign of any Popish Successor be put in or displaced but by the Authority of Parliament And that care also be taken that none but sincere Protestants may be Justices of the Peace In reference to the Military part the King is willing that no Lord Lieutenant or Deputy Lieutenant nor no Officer in the Navy during the Reign of any Popish Successor be put out or removed but either by Authority of Parliament or of such persons as the Parliament shall intrust with such Authority 'T is hard to invent another restraint to be put upon a Popish Successor considering how much the Revenue of the Successor will depend upon consent of Parliament and how impossible it is to raise mony without such consent But yet if any thing else can occur to the Wisdom of the Parliament which may further secure Religion and liberty against a Popish Successor without defeating the Right of Succession it self his Majesty will most readily consent to it Thus watchful is the King for all your safety and if he could think of any thing else that you do either want or wish to make you happy he would make it his business to effect it for you God Almighty long continue this blessed Union between the King and his Parliament and people The House of Commons returning resolved to Adjourn the consideration of his Majesties Speech till the next Monday Morning And now let any man but seriously consider the Condescention of these proposals and that they were franlly and freely offered before the House of Commons had obliged themselves in point of Honour to stand to any Vote of Exclusion for that was not then made and he must then be amazed to see to what extremities matters have proceeded during that and the two last Parliaments But who can brook the impudence of those men who have notwithstanding this by Tales and Pamphlets endeavoured to represent his sacred Majesty to his people as a favourer of Papists and Popery Some men may possibly say that all this will not infallibly secure us against Popery and I say nothing can make any thing in this lower world steady and unalterable but it is more likely to do it than the exclusion Bill because it disarms a Popish Successor of the tempration and opportunity of enslaving us by force where as the other puts the Sword into his hand and compells him to try his fortune for the whole the event of which is much more uncertain than some pretend who trusting now to force and number will in likelyhood find themselves disappointed by men and punished by God for their distrust of his providence and reliance on the Arm of Flesh if not ruined by their over great confidence in the number of their party which often have deceived men in such occasions But this it not the place of these considerations but that they broke loose here against my will On Thursday the Commons gave leave to bring in a Bill 1. of May. that when any Member of their House is preferred to any Office or place of profit a new Writ should immediately issue out for Electing of a Member to serve in his stead This was to keep the party together and to prevent the Ministers from bying off any of them by preferment Seasonable Address to both Houses p. 10. and it is to be wished it had passed for that would have lessened their Numbers and have taken off all those that hoped to rise by opposition to the Court as they call it but indeed to the King and the Morarchy In the interim it may be a caution to the Country that they take not all these Gentlemen to be what they pretend to be for that apparently some of them were driving a Market for Preferments how much soever they had clamoured their predecessors on that account This day also Dr. John Nalson who had been a long time Imprisoned and put to vast charge for Writing the Letter of Advice from a Jesuite in Paris to his correspondent in London was discharged without assigning any reason or Law for this way of proceeding against him which was never yet used against any of the Writers of the most virulent Libells against the Government and Religion by Law established and they Voted also that an
Petitions and Giving an Account to the House That Sir Fra. North Chief Justice of the Court of Common-Pleas was Advising and Assisting in the drawing up and passing of the said Proclamation and a Debate thereupon arising in the House they Resolved N.C. That it was sufficient Ground for the House to proceed upon an Impeachment against him for High Crimes and Misdemeanors and order taken for an Impeachment accordingly Thus the Dissenters are encouraged to go on and break the Laws and the Judges punished for Executing them On Thursday the 25 of November Nothing Extraordinary was done but the Exhibiting Articles against Edward Seymour Esquire formerly Speaker of the House to Each of which he being required to make a distinct answer there arising a Debate upon the first Article the whole was adjourned to the next day Samuel Verdon Under-Sheriff of Norfolk was ordered to be sent for into Custody upon a Complaint of several Crimes and Misdemeanors by him committed For a Notorious Breach of Priviledge of Parliament by him committed against their House No such thing being mentioned in the Complaint Friday Novemb. 26. The Bill of Repeal of the 35 of Eliz. was read the third time and passed And the House resolved to Impeach Mr. Seymour upon 4 Articles and appointed a Committee to draw up those Articles accordingly and Referred it to them to consider of Precedents concerning the Committing of Members to Custody when Impeached in Parliament On Munday the 29 day of November the House attended his Majesty with their Address concerning Tangier which being very long I will not trouble the Reader with it at Large The whole is a Tragical representation of the Advantages that Popery had gotten over the Religion and Government Assisted as they tell us by the Treachery of perfidious Protestants which must be the Dissenters by whose assistance they obtained the Toleration broke several Sessions of the Long Loyal Parliament if Coleman's Letter to Monsieur Le Chese may be Credited and it may truly be averred that the Papists have not obtained any Advantage without the Dissenters nor the Dissenters without them They say further That the ACT of Parliament enjoyning a Test to be taken by all persons admitted into any Publick Office and intended for a Security against Papists coming into Imployment had So little effect that either by dispensations obtained from Rome they Submitted to those Tests and held their Offices themselves or those put into those Places wore so favourable to the same Interest that Popery it self has rather gained than lost ground since that ACT. Now Supposing it true that some of them did obtain such dispensations what was this to his Majesty and if any of them that gat their Offices were apt to afford them unlawful favours they might have called them to account for it with much more general Satisfaction than they did the Abhorrers but let any man that Knowes any thing of the World Judge whether the Malice or falsehood of the Conclusion be greatest They tell the King a dreadful Story of the defeating of the Presentment intended against his Majesties Brother the Duke of York under whose Countenance all the rest of the Papists shelter themselves as they say But surely his Majesty was not to be informed what they thought of this who could not but be well informed of the Fact long since and so they descend to the business of the Weekly Pacquet of Advice from Rome which Exposes Popery as it deserves say they as Ridiculous to the People and they tell his Majesty That a New and Arbitrary Rule of Court was made in his Majesties Court of Kings-Bench That the same for the future should not be Printed by any person whatsoever But then they take no Notice how that Author has made many Odious False and Scandalous Reflections upon the Religion and Government by Law Established which was the cause why it was Supprest and not any talent he had of writing against Popery Finally They tell the King that they have freed themselves from the guilt of that blood and desolation which is like to ensue which is an Expression in that place that looks like a kind of Threat or Menace for there was then No prospect of blood or desolation that could arise from any cause or persons but what must be Countenanced by the Dissenters The Conclusion is But our Onely hope next under God is in Your Sacred Majesty that by your Great Wisdome and Goodness we may be effectually Secured from Popery and all the Evils that attend it and that none but persons of Known Fidelity to Your Majesty and Sincere Affection to The Protestant Religion What Religion may be put into any Imployment Civil or Military That whilst we shall give a Supply to Tangier we may be assured we do not Augment the Strength of our Popish Adversaries nor encrease our own Dangers which Desires of your Faithful Commons if Your Majesty shall Graciously vouchsafe to grant we shall not onely be ready to assist Your Majesty in defence of Tangier but do whatsoever else shall be in our power to enable Your Majesty to Protect the Protestant Religion and Interest at home and abroad and to resist and repel the Attempts of Your Majesties and the Kingdoms Enemies But His Majesty notwithstanding continued without any Supply and by the Blessing of God preserved the Town Now it is very observable that in the former Parliament there being a Report That Tangier should be Sold to relieve the Necessities of the Crown they then Voted April 9. 1679. That the House was of Opinion That those who should Advise His Majesty to part with Tangier to any Foraign Prince or State or be Instrumental therein ought to be accounted Enemies to the King and Kingdom And yet now that it was in apparent hazard to be lost to the Moors the Sworn Enemies of all Christians they would grant nothing to preserve it and many of the Commons in their Speeches were of Opinion that it was the best way to desert the Town So that if any did Advise his Majesty to Sell the Place they were Enemies to the King and Kingdom but if it were lost or deserted So the King had nothing for it the Matter was not much so that the King might bear the blame tho the Commons were in the fault On TVESDAT the 30th of November the Tryal of William Viscount Stafford was began which lasted till the 7th of December of which I shall take no Notice it being printed by it Self During all which time there was nothing material done by the House of Commons except that business Wednesday the 8th and Thursday the Ninth of December were spent in Reporting of Elections and discharging persons out of the Custody of the Serjeant and Ordering others to be taken in to Supply their places But very remarkable was their Severity against Mr. Sheridon and Mr. Day who were Ordered to be taken into Custody their Papers to be Searched and that
promise you the fullest Satisfaction your Hearts could wish for the Security of the Protestant Religion and to Concur with you in any Remedies Which might consist with Preserving the Succession of the Crown in its Due and Legal Course of Descent and I do again with the same Reservations renew the same Promises to You. And being thus ready on My part to do all that can reasonably be Expected from Me I should be glad to Know from You as Soon as may be how far I shall be Assisted by You and what it is you desire from Me. The Answer to this Speech was as followeth May it please Your Most Excellent Majesty WE Your Majesties Most Dutiful and Loyal Subjects the Commons in this present Parliament Assembled have taken into our Serious Consideration Your Majesties Gracious Speech to both your Houses of Parliament on the 15th of this Instant December and do with all the grateful Sense of Faithful Subjects and Sincere * * Of what Sort Protestants acknowledge Your Majesties So great Goodness to us in renewing the Assurances You have been pleased to give us of your readiness to Concur with us in any Means for the Security of the Protestant Religion and your Gracious Invitation of us to make our Desires Known to Your Majesty But with grief of Heart we cannot but observe that to these Princely Offers Your Majesty hath been Advised by what Secret Enemies to Your Majesty and your People we Know * * It is probable His Majesties constancy in this denyal proceeds from his own Prudence and Natural Affection to his Royal Brother at least it may be So for ought any thing they Know to the contrary not to Annex a Reservation which if insisted on in the instance to which alone it is Applicable will render all your Majesties other Gratious Inclinations of no effect or advantage to us Your Majesty is pleased thus to limit your Promise of Concurrence in the Remedies which shall be proposed that they may Consist with preserving the Succession of the Crown in its Due and Legal Descent And we do Humbly Inform your Majesty That No Interruption of that Descent * * For the present but if this be granted once who Knowes when it may has been endeavoured by us Except onely the Descent upon the Person of the Duke of York who by the wicked Instruments of the Church of Rome has been manifestly perverted to their Religion And we do Humbly represent to Your Majesty as the Issue of our most deliberate Thoughts and Consultations * * The contrary of which is believed true not onely by the House of Lords but by almost all the Gentry and better Part of the Nation who have another Title besides that of Protestants at Large viz. By Law Established which these men durst never own That for the Papists to have their Hopes Continued That a Prince of that Religion shall Succeed in the Throne of these Kingdoms is Vtterly inconsistent with the Safety of Your Majesties Person the preservation of the Protestant Religion and the Property Peace and Welfare of your Protestant Subjects That your Majesties Sacred Life is in Continual Danger under the Prospect of a Popish Successor is evident not onely from the Principles of those devoted to the Church of Rome which allow that an Heretical Prince and such they term all Protestant Princes Excommunicated and deposed by the Pope may be Destroyed and Murther'd The same Principles varied in but one circumstance are owned by the Dissenters and Common-Wealth Party who are set up by the Exclusion as much as the Papists are defeated which ought to be considered at the same time but also from the Testimonies given in the prosecution of the Horrid Popish Plot against divers Traytors Attainted for designing to put those accursed Principles into practice against Your Majesty From the Expectation of this Succession has the Number of Papists in Your Majesties Dominions so much encreased within these few Years and so many been prevailed with to desert the true Protestant Religion that they might be prepared for the Favours of a Popish Prince as soon as he should come to the possession of the Crown The same inconveniences have arisen from the Expectation of another Common-Wealth Presbytery and while the same Expectation lasts many more will be in the same danger of being perverted This is that hath hardned the Papists of this Kingdom Animated and Confederated by their Priests aod Jesuits to make a Common Purse Provide Arms Make Application to Foreign Princes and Solicit their Aid for imposing Popery upon us and all this even during Your Majesties Reign and whilest Your Majesties Government and the Laws were our Protection It is Your Majesties Glory and True Interest to be the Head and Protector of all Protestants It is mpossible for his Majesty to preserve this Glory but by preserving his Kingly Dignity and Power which is the foundation of the other and the Attempts of the Common-wealth Party and the Dissenters hath more discouraged his Majesties Allies abroad and his true Loyal Subjects at home Then either the Number of Popish Converts the Plot or the Fears or Hopes of a Popish Successor as well Abroad as at Home but if these Hopes remain what Alliances can be made for the Advantage of the Protestant Religion and Interest which shall give Confidence to Your Majesties Allies to joyn so vigorously with your Majesty as the State of that Interest in the World now requires whilest they see this Protestant Kingdome in so much danger of a Popish Successor by whom at the present all their Councils and Actions may be Eluded as hitherto they have been and by whom if he should Succeed they are Sure to be destroyed WE have thus humbly layd before your Majesty some of those great Dangers and Mischiefs which evidently accompany the Expectation of a Popish Successor The Certain and Vnspeakable Evils which will come upon Your Majesties Protestant Subjects and their Posterity if such a Prince should Inherit are more also than we can well enumerate Our Religion No may not the Providence of God and the Number and Constancy of its Professors defend and preserve the best Religion in the World during the Reign of one Popish Prince when Popery hath preserved it Self under Four Princes together of our Religion which is now so dangerously shaken will then be totally Overthrown Nothing will be left or can be found to protect or defend it The Execution of all Old Laws must cease and it will be in vain to Expect New Ones The most Sacred Obligations of Contracts and Promises if any should be given that shall be judged to be against the Interest of the Romish Religion * * This Violation is not necessary no nor probable considering the vast disproportion betwixt the Papists and Protestants will be violated as is undeniable not onely from Argument and Experience elsewhere but from the Sad
for himself I know not for the Parliament never brought him to an hearing But upon inquiry I find notwithstanding all this Clamour the Man hath a great and good Report for his Piety Learning and Prudence but his Zeal for the Religion Established drew this Storm upon him from the Exasperated Dissenters who never stick thus to blast the Fame of Good Men when it serves their ill designs But to return from this Digression The Bill for Exempting his Majesties Protestant Subjects dissenting from the Church of England from the Penalties of Certain Laws was read a second time and Committed upon a Debate of the House to the Committee to whom the Bill for Vniting of his Majesties Protestant Subjects was Committed upon a Debate of the House Then the Bill for Banishing the Papists out of the King's Dominions was read a second time and committed upon the Debate of the House Then the House adjourned till Thursday the 30th of December That day the House met and Ordered That the Committee appointed to prepare Evidence against the 4. Popish Lords in the Tower should look into the Evidence and Report their Opinions to the House in Order to the further Directions and Proceedings of the House against them Resolved That the several Writings Papers and Proceedings relating to such Members of the late Long Parliament as received Allowances out of the Moneys appointed for Secret Services be produced to this House Resolved N. C. That no Member of this House shall accept of any Office or Place of Profit from the Crown without Leave of the House or any Promise of any such Office or Place of Profit during such time as he shall continue a Member of the House and that the offenders herein shall be Expelled It seems they had discovered that some of their Zealous men were Selling themselves to the Court-Party for Preferment and prepared this Vote to keep the Party together Friday the 31th of December The Bill for prohibiting the importation of Forein Guns was read the second time and rejected Leave was also given to bring in a Bill for Regulating the abuses in making Casks Barrels and other Vessels And A Committee appointed to peruse the Laws relating to Weights and Measures and to report their Opinions in the same and to bring in a Bill or Bills for the better Regulating and Ascertaining the same Ordered also That Leave be given to bring in a Bill for a General Naturalization of Alien-Protestants and allowing them liberty to Exercise their Trades in all Corporations A Bill for Relief of the Subjects against Arbitrary Fines was read a second time and committed Then the House Adjourned till Munday the 3d. of January Which day An Act for limiting the times of Importation of Cattel from Scotland being read the third time passed and was sent up to the Lords Then A Bill for Repealing an Act made in the 13th Year of his Now Majesties Reign intituled An ACT for the Well-Governing and Regulating of Corporations was read the first time and Ordered to be read again A Bill for the better discovery of Settlements to Superstitious Vses was read the first time and Ordered a second reading the Friday following at Ten of the Clock in a full House The same day the Lords sent down a Bill to the Commons Intituled An Act for distinguishing Protestant Dissenters from Popish Recusants To which they desired the Concurrence of the House The Lords sent down another Message to put the Commons in mind of the Bill for the Better regulating of the Tryals of the Peers of England And Another Message to acquaint them That their Lordships had received a Petition from Mr. Seymour for a speedy Tryal Upon which the Commons read his Answer to their Impeachment which had lyen by them some time and ordered a Committee to prepare Evidence against him and Manage it at his Tryal On Tuesday the 4th of January His Majesty sent the Commons another Message which is as followeth CHARLES R. HIS Majesty received the Address of this House with all the disposition they could wish to comply with their reasonable desires but upon perusing it he is Sorry to See their Thoughts so wholly fixed upon the Bill of Exclusion as to determine that all other Remedies for the Suppressing of Popery will be ineffectual His Majesty is Confirmed in his Opinion against that Bill by the Judgment of the House of Lords who rejected it He therefore thinks there remains Nothing more for him to say in answer to the Address of this House but to recommend to them the Consideration of all other Means for the Preservation of the Protestant Religion in which they have no reason to doubt of his Concurrence when ever they shall be presented to him in a Parliamentary way and that they would Consider the present State of the Kingdom as well as the Condition of Christendom in Such a Manner as may inable him to Preserve Tangier and Secure his Alliances abroad and the Peace and Settlement at home This Message being read in the House they Resolved to take into Consideration the Friday following in a full House The same day the Lords sent down a Vote which they made that day Die Martis 4 January 1680. Resolved by the Lords Spiritual and Temporal in Parliament assembled That they do declare that they are fully Satisfied that there now is and for divers years last past there hath been a Horrid and Treasonable Plot and Conspiracy contrived and carried on by those of the Popish Religion in Ireland for Massacring the English and Subverting the Protestant Religion and the ancient Established Government of that Kingdom To which their Lordships desired the Concurrence of the Commons On Wednesday the 5th of January Richard Thompson was Ordered upon his Petition to give sufficient Security for his forth-coming to the Serjeant at Arms attending that House to Answer to the Impeachment against him and so was discharged of his Imprisonment I can see No reason why he should be prosecuted by an Impeachment in Parliament It being beneath the Dignity of the Houses to Concern themselves with such a man as Mr. Thompson must needs be who might much better have been proceeded against in the Spiritual or Civil Courts if the Accusations were all True but that his Blaspheming Calvin and the Loyal Presbyterian Protestants would have signified Nothing there as I believe they would not before the Lords if he had been Tryed Formerly the Commons impeached none but such as were too great to be prosecuted any where else and that but rarely and upon great Necessity This made them Venerable and Dreadful but this Course for Small or No faults to impeach and imprison great Numbers of Mean People which they followed in this Session tended to Nothing but the Wasting their time and Hindering greater Affairs to the damage of the King and Kingdome The same day the Commons agreed an Impeachment against Sir William Scroggs Knight Chief Justice of the Court of Kings-Bench
and Ordered others to be drawn against Sir Francis North Chief Justice of the Court of Common-Pleas Sir Thomas Jones one of the Justices of the Kings-Bench and Sir Richard Weston one of the Barons of the Exchequer So they were resolved to find themselves work tho they had refused to do the King's Business till that was granted which was impossible to be had this Session of Parliament Thursday the 6th of January A Bill for the more Easie Collecting the Duty of Hearth-Money was read a second time and committed upon the Debate of the House A Bill for Repealing the Act for the Well-Governing of Corporations was read the second time and committed Sir Philip Skippon was Excused from being taken into Custody for his Default in not attending the House in the Call there of the Tuesday before Colonel Birch reporting from the Committee appointed to receive Informations relating to the Popish Plott in Ireland That the Committee having proceeded upon the Matters to them referred had taken several Examinations and received the Answer of Sir John Davis and had also perused several Informations transmitted from the House of Lords relating to the said Plott All which he read in his place and afterwards delivered the same in at the Clerks Table where the same were again read The House then took into Consideration the Message sent from the Lords the Tuesday before wherein they desired the Concurrence of the House and Resolved That the House did agree with the Lords with the addition of these Words That the Duke of York being a Papist and the Expectation of his coming to the Crown hath given the Greatest Countenance and Encouragement thereto as well as to the Horrid Popish Plot in this Kingdome of England And they resolved to deliver the said Vote to the Lords at a Conference and Appointed a Committee to draw up Reasons to be offered at the said Conference Ordered That the several Informations of John Macnamara Maurice Fitz-Gerrald and James Mash that day read to the House relating to the Irish Plot be forthwith Printed Resolved That Rich. Poure Earl of Tyrone in the Kingdom of Ireland be Impeached of High Treason And that the Lord Dursley do go up to the Bar of the Lords and Impeach him c. and pray that he may be Committed to Safe Custody And further Ordered That the Committee appointed to prepare the Evidence against the Popish Lords in the Tower do prepare the said Impeachment Ordered That the further Consideration of the said Report in relation to Arthur Earl of Anglesey and Sir John Davis be Adjourned to Saturday Morning next at Ten of the Clock in a full House When it was Adjourned to Munday following which was their last day and gave them occasion for other Thoughts On Friday the 7th day of January The ingrossed Articles of Impeachment against Sir William Scroggs were Read and sent up to the Lords by the Lord Cavendish A Bill to prevent Vexatious Actions was read the first time and Ordered a second reading A Bill to prevent the Symony of one person from prejudicing another was read the first time and Ordered a second reading The Bill of Discovery of Settlements of Estates for Superstitious Uses was read the second time and committed upon the debate of the House Then the House according to their Order entred into Consideration of his Majesty's Message sent to the House the Tuesday before and Voted as followeth Resolved That it is the Opinion of this House That there is no Security or Safety for the Protestant Religion the King's Life or the Well Constituted and Established Government of this Kingdom without passing a Bill for disabling James Duke of York to Inherit the Imperial Crown of England and Ireland and the Dominions and Territories thereunto belonging and to rely upon any other means or remedies without such a Bill is not onely Insufficient but dangerous Resolved That his Majesty in his last Message having assured this House of his readiness to Concur in all other means for the preservation of the Protestant Religion this House doth declare That until a Bill be likewise passed for Excluding the Duke of York this House cannot give any Supply to his Majesty without Danger to his Majesties Person Extream Hazard of the Protestant Religion and Vnfaithfulness to Those by whom this House is trusted It seems the loss of Tangier and of all our Alliances abroad did not at all Hazard the Protestant Religion or Endanger his Majesties Person Resolved That all Persons who Advised his Majesty in his last Message to this House to insist upon an Opinion against the Bill for Excluding the Duke of York Have given pernicious Counsel to his Majesty and Are Promoters of Popery and Enemies to the King and Kingdome Resolved That George Earl of Halifax Henry Marquess of Worcester Henry Earl of Clarendon in the Opinion of this House are persons who Advised his Majesty in his last Message to this House to insist upon an Opinion against the Bill for Excluding the Duke of York and have therein given pernicious Counsel to his Majesty and are Promoters of Popery and Enemies to the King and Kingdom Resolved That an Humble Address be presented to his Majesty to remove Lawrence Hide Esq from his Majesties Councils and Presence and from his Office in the Treasury for ever Resolved That an Humble Address be presented to his Majesty to remove Henry Marquess of Worcester from his Presence and Councils and all the Offices and Imployments of Honour and Profit for ever Resolved That it is the Opinion of this House That Lewis Earl of Feversham is a Promoter of Popery and of the French Interest and a Dangerous Enemy to the King and Kingdom Resolved That an Humble Address be made to his Majesty to remove him from all Military Offices and Commands and from all other Publick Offices and Imployments and from his Majesties Councils and Presence for ever But here was no Addresses Voted against George Earl of Halyfax nor Henry Earl of Clarendon A Motion being made also for an Address to his Majesty to remove Edward Seymour Esq from his Majesties Council and Presence it was Adjourned to the Munday following Having taken all this care to Chastise the Great Men who as they believed had opposed them in this great business in the Next place they undertook to Chastise his Majesty Himself and if their design had taken effect as it is to be hoped it Never will his Majesty and all his Successors should have Known what it is to Anger a House of Commons However they meant well for they Resolved That whoever should hereafter Lend or cause to be lent by way of Advance any Money upon the Branches of the King's Revenue arising by Customs Excise or Hearth-Money that is all the principal Branches shall be Adjudged to hinder the Sitting of Parliaments and shall be responsible for the same in Parliament Resolved That whoever shall accept or buy any Tally of Anticipation upon
then supply him by a Lone in the Intervals of Parliament have we a Property in what is our own and may we not use it as we see cause without breach of Priviledge of Parliament Your Vote of the 10th of January That the Prosecution of the Protestant Dissenters upon the Penal Laws was at that time Grievous to the Subject a Weakning of the Protestant Interest an Incouragement to Popery and Dangerous to the Peace of the Kingdom is as little understood as any of the rest Why was it made To what Subject is it Grievous To the Dissenters Why then let them leave their Dissenting to the Church of England and all will be well What Protestant Interest doth it weaken for there are more Protestant Interests then one in the Nation doth it weaken that Protestant Interest which is Settled by Law Then say so But how it doth encourage Popery or endanger the Peace of the Nation is yet Harder to be understood but Suppose it did what then You may repeal the Laws and Bills you had afoot that would have Repealed them if they would have passed but you were to be adjourned and had not time to finish them And did you think to have laid them asleep by your Single Vote without the Consent of the Lords or the King You should have done well then to have told the Nation that you have the whole Legislative Power in your hands and that it is Contrary to Law for any man to Act against a Vote of the House of Commons tho in Obedience to an Act of Parliament But that I may not seem to set up my own Single Judgment against a Whole House of Commons I will insert an Authority or two Equal to them in better Times tho they be Long. The first of which shall be an Address of the House of Commons the 28. of Febr. 1663. May it please your Most Excellent Majesty WE Your Majesties most Dutiful and Loyal Subjects the Knights Citizens and Burgesses of the House of Commons in Parliament Assembled having with all Fidelity and Obedience Considered of the Several Matters Comprised in Your Majesties late Gracious Declaration of the 26. of Decemb. Last and your most Gracious Speech at the beginning of this presenâ— Session Do in the first place for our Selves and in the Names of all the Commons of England render to your most Sacred Majesty the Tribute of our most hearty Thanks for all that infinite Grace and Goodness wherewith Your Majesty hath been pleased to publish your Royal Intentions of adhering to your Act of Indemnity and Oblivion by your Constant and Religious observance of it And our Hearts are further enlarged in these returns of Thanksgivings when we Consider Your Majesties most Princely and Heroick Professions of relying upon the Affections of your People and Abhorring all Sort of Military and Arbitrary Rule But above all we can never enough remember to the Honour of Your Majesties Piety and our own unspeakable Comfort those Solemn and most endearing Invitations of us Your Majesties Subjects to prepare Laws to be presented to Your Majesty against the Growth and encrease of Popery and withal to provide more Laws against Licentiousness and Impiety at the same time declaring Your Own Resolutions for Maintaining the Act of Vniformity And it becomes us always to acknowledg and Admire Your Majesties Wisdom in this your Declaration whereby Your Majesty is pleased to resolve not onely by Sumptuary Laws but by your Own Royal Example of Frugality to restrain that Excess in mens Expences which is grown so general and so exorbitant and to direct our endeavours to find out fit Laws for Advancement of Trade and Commerce After all this We humbly beseech Your Majesty to believe that it is with Extream Vnwillingness and Reluctancy of Heart that we are brought to differ from any thing which your Majesty hath thought fit to propose And though we do no way doubt but that the unreasonable distempers of Mens Spirits and the Many Mutinies and Conspiracies which were carried on during the late Interval of Parliaments did reasonably incline Your Majesty * * I suppose here is a word wanting to ill humours till the Parliament assembled and the hopes of an Indulgence if the Parliament should Consent to it Especially seeing the pretenders to this Indulgence did seem to make some title to it by virtue of Your Majesties Declaration from Breda Nevertheless your Majesties most Dutiful and Loyal Subjects who are Now returned to Serve in Parliament from those Several Parts and Places of Your Kingdom for which we were Chosen do humbly offer to Your Majesties Great Wisdom That it is in No Sort Adviseable that there be any Indulgence to such persons who prefume to dissent from the Act of Uniformity and Religion Established for these Reasons We have Considered the Nature of Your Majesties Declaration from Breda and are Humbly of Opinion that Your Majesty ought not to be pressed with it any further Because it is not a Promise in it Self but onely a Gracious declaration of Your Majesties Intentions to do what in you lay and what a Parliament should Advise Your Majesty to do and No such Advice was ever given or thought fit to be offered nor could it be otherwise Vnderstood because there were Lawes of Vniformity then in being Note this Which Could not be dispeused with but by Act of Parliament They who do pretend a right to that Supposed Promise put their right into the Hands of their Representatives whom they chose to Serve for them in this Parliament who have passed and your Majesty Consented to the ACT of Vniformity If any shall presume to Say That a right to the benefit of this Declaration doth still remain after this Act passed it tends to dissolve the very Bonds of Government and to Suppose a disability in Your Majesty and your Houses of Parliament to make a Law contrary to any part of your Majesties Declaration though both Houses should Advise Your Majesty to it We have also Considered the Nature of the Indulgence proposed with reference to those Consequences which must Necessarily attend it It will Establish Schism by a Law and make the whole Government of the Church precarious and the Censures of it of No Moment or Consideration at all It will no way become the Gravity or Wisdom of a Parliament to pass a Law at One Session for Vniformity and at the Next Session the reason for Vniformity Continuing still the same to pass another Law to frustrate or Weaken the Execution of it It will Expose Your Majesty to the restless Importunity of every Sect or Opinion and of every single person also that shall presume to dissent from the Church of England It will be a cause of increasing Sects and Sectaries whose Numbers will weaken the true Protestant profession so far that it will at last become difficult for it to defend it self against them And which is yet further Considerable those Numbers which
by being troublesom to the Government find they can Arrive to an Indulgence will as their Numbers increase be yet more troublesome so at length they may arrive to a general Toleration which Your Majesty hath declared against and in time some prevalent Sect will at last Contend for an Establishment which for ought can be foreseen may end in Popery It is a thing altogether without Precedent and will take away all means of Convicting Recusants and be inconsistent with the Method and Proceedings of the Laws of England Lastly it is humbly Conceived That the Indulgence proposed will be so far from tending to the Peace of the Kingdom that it is rather likely to occasion great disturbance And on the Contrary That the Asserting of the Laws and the Religion Established according to the Act of Uniformity is the most probable Means to produce a Settled Peace and Obedience through the Kingdom because the Variety of Professions in Religion when Openly indulged doth directly distinguish men into Parties and withal gives them Opportunities to count their Numbers which considering the Animosities that out of a religious Pride will be kept on foot by the several Factions doth tend directly and inevitably to open disturbance Nor can Your Majesty have any Security that the Doctrine or Worship of the Several Factions which are all governed by a Several Rule shall be consistent with the Peace of the Kingdom And if any person shall presume to disturb the Peace of the Kingdome We do in all humility declare That we will for ever and upon all occasions be ready with our Vtmost Endeavours and Assistance to Adhere to and Serve Your Majesty according to our bounden Duty and Allegiance The Reason and Loyalty of this Address prevailed with his Majesty at that time to lay aside all his Thoughts of an Indulgence and well had it been for him and us if he had never reassumed them for from his forsaking this Advice in the Year 1671. Sprung all those Miseries that now so much threaten him and us But tho his Majesty Changed the Parliament kept their grounds for in an Address dated the 14th of Feb. 1672. they assert against His Majesties Declaration of Indulgence dated the 15th of March before That Penal Statutes in Matters Ecclesiastical cannot be suspended but by Act of Parliament We therefore say they the Knights Citizens and Burgesses of the House of Commons do most humbly beseech Your Majesty That the said Lawes may have their Free Course until it shall be otherwise provided by Act of Parliament and that Your Majesty would Graciously be pleased to give such Directions herein that no Apprehensions or Jea ousies may remain in the Hearts of Your Majesties good and faithful Subjects The King not being Satisfied with this but still insisting that he had a Right by his Supremacy to Suspend the Execution of Penal Laws in Ecclesiastical Affairs They replyed the 26th of Feb. following That no such Power was ever Claimed or Exercised by any of his Majesties Predecessors and if it should be admitted might tend to the Interrupting of the Free Course of the Laws and altering the Legislative Power which hath always been acknowledged to reside in his Majesty and the Two Houses of Parliament Therefore they did with an Vnanimous Consent become again Humble Suitors unto his Sacred Majesty That he would be pleased to give them a full and Satisfactory Answer to their first Petition and Address and that his Majesty would take such effectual Order That the Proceedings in this Matter might not be for the future drawn into Example To which said last Address his Majesty was pleased to Condescend so far as to Order his Declaration of Indulgence to be taken off the File and Cancell'd Now the use I make of all is to shew first That the Opinion of an Excellent Wise House of Commons was That an Indulgence Toleration or Vnion as they now call it was of a Mischievous Nature and would finally end in Confusion and Popery Secondly That if it should be thought necessary to grant one it being a Legislative Act it must be by the Joynt Consent of the King and the Two Houses and not by any one of them And therefore I will Leave it to the Consideration of the Gentlemen of that House to Judge Whether they did well in passing the Vote of the 10th of January aforesaid for the Suspension of all Penal Laws which relate to the Protestant Dissenters Some pretending to Excuse them have said it was a Vote only in order to a Bill to be brought in for the taking those Laws away But I answer There were several other Bills for that purpose depending and therefore this was in vain Secondly There is no mention of a Bill to be brought in in the Conclusion of the Vote Thirdly They knew they were to be Prorogued as appears by their first Vote and therefore Such a Design would have been impossible Now if they had carried those few Points in this Session First not onely to Deny the King any Supply but to make it Criminal for any man to Lend him any Money upon his Revenues they might then in another Session have gone further and have made it Punishable for any man to have paid him his Just Settled Legal Dues and that would have made them able to have Forced this King or his Successors to what ever they had pleased Secondly If they might have gone on to imprison his Majesty's Subjects in an Illegal and Arbitrary way for Matters that had no relation to Priviledges of Parliament they might afterwards have Extended this to as many Persons and Things as they had pleased and so No man would have dared to have stood by His Majesty against a House of Commons tho they had attempted to Depose his Majesty Nor would his Majesty in a short time have been able to have Protected his Subjects against any injury that they or any of them had been pleased to have done them which would infallibly have Subverted the Monarchy and have introduced a Common-Wealth Thirdly If they had got that great Branch of the Legislative Power into their hands of suspending the Execution of Laws by their Vote they might have driven it as far as they pleased and so have once more Outed the King and the House of Lords as a former Parliament did by the Same Means I will conclude this with the Judgment of a Great and a Learned Man Clarendon's Answer to Hobbs p. 127 128. No Orders made by A House of Commons in England are of any Validity or Force or receive any Submission longer then that House of Commons Continues and if Any Order made by them be against any Law or Statute it is Void when it is Made and receives no Obedience His Majesty then had both Law and Reason on his Side when he ended his Speech to the Next Parliament at Oxford with these Words I WILL Conclude with this one Advice to you That the Rules
cannot possibly better represent this than in the Words of Camden The State of England was most miserable at that time as being involved in a War with Scotland on the one side and France on the other oppressed with the Debts which Henry the Eighth and Edward the Sixth had Contracted the Exchequer was Exhausted Calis and the County of Oyen and in them a great Magazine were lost to the dishonour of the English Name and the People were divided in their Opinions concerning Religion The Queen had no Potent Friends nor was fortified with the * Cognatione Alliance or Kindred of any Foreign Princes The Trade of England must of necessity be very small when the Nation was thus Near ruine But when the Queen had once setled the business of Religion and afterwards had taken care to preserve it from Foreign Violence by Repairing her Navy Royal so that it was far Superiour to any other which gave her Reputation at home and Fame abroad and also from the Attempts of the Papists and Dissenters by severe Laws constantly put in Execution and had thereby Won the Affections of her People and stilled their Fears They being secur'd thus at home began to search all the corners of the World for Trade and sent forth their Fleets to the East and West Indies to Muscovy by the Bay of St. Nicholas by them Discover'd and Green-Land and indeed whether not whence they returned with Honour and Wealth and made her and themselves Happy One thing that gave a great Advantage to the Trade and consequently to the Wealth of England in her time was the Devastations which the severity of the Duke de Alva and the Wars of Flanders thereby occasion'd caused in those Countries by which means we gained some Addition to our People the knowledge of some Manufactures which we had not before and also a vast stock of Mony and Treasure which altogether had like to have totally ruin'd the Spanish Netherlands but however this concurring with the rest helped to advance England to that height of Wealth and Reputation in the World that it was in her days the Bulwark of Christendom and without any considerable forrein Assistance humbled and brought down the House of Austria which then aimed at an Universal Monarchy But then it cannot be denyed that together with these Low Countrymen Factions and Common-Weath Principles entred England And although the severity of that Queen and the great Affection and Veneration the People had for her added to her Constancy whose Motto was Semper eadem Always the same kept them both under so as they were never able to give her any considerable disturbance yet they grew and encreased and in the Reign of her Successor tugged stoutly in the House of Commons for the Victory with the Court Party as they then stiled all that stood to the Crown and kept King James at Bay and destitute of those Supplies that were necessary to preserve the Grandeur of the Crown and the Reputation of England and forced him to spend Seven Years of his Reign without calling any Parliaments and the last he called which was in his One and Twentieth Year involved him in War And the next basely Betray'd his Son who succeeded presently after to the Necessity of clapping up a Dishonourable Peace for want of Means to carry on a War When King James came to the Crown the Dissenters of England expected a mighty advantage by it because Scotland had been always Presbyterian from whence he came during his time and they hoped his Education might have strongly influenced him to favour them above the Religion Established and upon this intuition Jan. 14. 1603. they procured the Conference at Hampton Court but alass they had so basely and Traiterously used him in Scotland and he was a Prince of that great Learning and Prudence that when they desired a kind of Presbyterie to be Setled here He replyed If you aim at a Scotch Presbyterie Full. C.H. L. 10. p. 18. it agreeth with Monarchy as God and the Devil then Jack and Tom and Will and Dick shall meet and Censure me and my Council Therefore I reiterate my former Speech Le Roy S' avisera the King will be advised stay I pray for one Seven Years before you demand it and then if you find me grow pursie and fat I may perchance hearken unto you for that Government will keep me in breath and give me work enough And in the next Paragraph he tells them That he had learned by the Example of his Mother and their dealings with him in his Minority this Maxime NO BISHOP NO KING So they totally failed of their expected advantage and were kept under though with a gentle hand in all his time But when his Son Succeeded and in his Parliaments found how strong these Factions were who had in a great measure prevailed upon the Free-men and Free-holders of the Nation to send up thither great Numbers of good Common wealth men as they then stiled them that is Factious Ambitious Disloyal Persons that hated the Religion and Monarchy by Law Established and when he saw these made it their business to encrease the necessities of the Crown and then denyed just and necessary supplies but upon such terms as would have ruined him and when he also perceived that one great design of theirs was to render him and his Government odious by clamoring eternally against his Conduct and Ministers of State He then saw there was an absolute necessity of a more effectual and vigorous Execution of the Laws against them Hereupon these godly men grew impatient Roger Cokes Englands improvement part 3. p. 13. and one part of them in the years 1636 37 and 38 fled over into Holland and planted themselves at Leyden Alkmare and other places where they instructed the Dutch in our Woollen Manufactures of Norfolk and Suffolk and I have heard saith my Author who is a credible person Sir Charles Harbord a person of great Wisdom and Insight in Forreign as well as the Interest of this Nation say That if all the Bishopricks of England were sold and given to the Nation it would not near compensate the loss the Nation sustained thereby And page 32 of the same discourse he informs us That in the time of our late Wars the Dutch by the means of these Manufactures got from the English the East-land Trade the Company of which heretofore was above all others the most flourishing and by Queen Elizabeth King James and King Charles the First was termed the Royal Company for it supplied Muscovy Sweden Denmark Poland and Lifeland with our Woollen Manufactures and made very advantagious Returns by Treasure especially Hungaria Duckets and the Commodities of those Countries into England This Trade till King Charles his Reign the English solely injoyed About the beginning of King Charles his Reign the Dutch began to be Interlopers rather than Traders with the English in it but in the time of the Wars by
the aforesaid means the Dutch allmost totally excluded the English We may observe how much the Trade of the Nation in general suffered by all this and especially that of Norfolk Suffolk and Essex of which the said Author gives an instance pag. 33. and from thence we may conclude how far the Trade of the Nation hath been and consequently may again be impaired by Factions if they be encouraged still amongst us I ought not to pass over in silence that my last quoted Author Ascribes this to the severe injunctions of Ecclesiastical discipline which these Zealous people would not indure And I know that many have used this as an Argument against Persecution and for a Toleration Comprehension or as the new Name is an Union But I reply if there were no Factions there could be no Persecution as they stile it nor any such dammage of our Trade and Commerce Secondly that they were not thus persecuted till they had provoked that King to the uttermost by rendring all Parliaments dangerous to the Crown and brought things into that State that neither the Monarchy nor the Religion Established could be any longer preserved without that severity So we may see if they be treated gently they grow Numerous and endeavour to subvert the Government if they be dealt severely with they over into forreign Countries and destroy our Trade so that both waies our ruine is almost assured by them and therefore should be no more incouraged than Pyrates and the common enemies of Mankind But to go on Another part of these people had before Planted themselves in New England in the West Indies 1629. where they have since grown Numerous and Rich and have abundantly practised that severity upon others who have dissented from them which they clamoured against and called persecution when it was used with more reason against themselves The Dutch being much exalted by the peace they had made with Spain whereby they were owned and acknowledged for a free and independent State by their old Sovereign and having acquired a vast Treasure by their Trade over all the World and by redeeming the places which were put into Queen Elizabeths hands for security of repayment of the Expence she was at to protect their feeble infant State out of the Hands of King James having so cut off their former obligations of respect to the Crown of England and lastly being grown strong in Shipping and knowing very well upon what ill terms King James and King Charles the Martyr stood with their Parliaments fell to plot the intire destruction of the English Trade and Navigation and in Order to this fell to endeavour the ruine of the English Fishery upon our own proper Seas His Majesties propriety and dominion on the Brittish Seas p. 26. They had formerly never Fished till they had begged leave of the King or of his Governour of Scarborough Castle this was now thought beneath the Magnificence of the Hogan Mogans and therefore they refused it Ib. pag. 29. 30. 55. They had formerly been limited by our Kings both for the number of the Vessells they should Fish with and the time Now they were resolved to be their own Carvers and in order to that denyed the English the Soveraignty of the British Seas Ib. p. 6. And as if all this had not been enough grew nearer and nearer upon the English Shores year by year than they did in preceding times without leaving any bounds for the Country people and Natives to Fish upon their Princes Coasts and oppressed some of his Subjects with intent to continue their pretended possession and had driven some of their great Vessells through their Netts to deter others by fear of the like Violence from Fishing near them c. as Secretary Nanton Pag. 58. January 21. 1618. acquaints the Lord Ambassador Carlton And to justify all this they sent out Men of War with their Fishermen to maintain that by force which they might have had of Courtesie for the asking To prevent these disorders of the Dutch King James Published a Proclamation in the seventh year of his Reign to assert his Right and exclude all Persons from Fishing upon our Seas without particular License but they neither valued this nor his Remonstrances by his Ambassadors nor the like Proclamation made in the twelfth year of his Sons Reign but went on by all the Crafts and Violences imaginable to ruine our Fishery to subvert the Right and Soveraignty the Kings of England have ever had to the Narrow Seas And all this only upon a presumption that those Princes would never be able to call them to an account by a War for all these Injuries And in the year 1639 The Reign of King Ch. fol. London 1655. pag. 163. they fell upon a Fleet of Spaniards in our Ports and Harbours with Canon and Fire-ships so furiously as made them all cut their Cables and being 53 in Number 23 ran on shore and stranded in the Downs whereof Three were burnt Two sunk and Two perished on the Shoar the remainder of the Twenty three being deserted by the Spaniards who went to Land were Manned by the English to save them from the Dutch and the other Thirty Ships put to Sea of which only Ten escaped thus far for the Narrative in short And now be pleased to read the Opinion of the Historian upon this These Two Potent Enemies Ibid. p. 165. being both Friends to England the British Seas ought by rule of State to have been an Harbour of Retreat to secure the Weaker from the Stronger not the Scene of their Hostile Ingagement and had this presumptuous Attempt of the Hollander met with a King or in times of another temper it would not it's like have been so silently connived at and their Victory might have cost them the loss of Englands Correspondence c. besides the King the Dutch well knew was of a Genius as not querulous so if provoked very placable and the Disposition of his Affairs as well as of his Mind disswaded from expostulating the Matter with them To that height of injustice and insolence were the Dutch then grown by the Divisions of England and the ill understanding betwixt the King and his Subjects This unfortunate Prince had made many brave Attempts before for the Honour and Safety of the English Nation without any good success for want of such Effectual Supplies from his Parliaments as might enable him to go through with them and he had taken up a generous Resolution to encrease the Navy Royal to a greatness proportionable to the Dutch and other neighbour Nations who were now striving for the Mastery of the Seas by out-building each other He got nothing from the Commons in Parliament that was considerable but with great difficulty and accompanied with Remonstrances Impeachments of the Chief Ministers complaints of Grievances and lowd Clamours of pretended fears and jealousies of Popery Arminianism Innovations in matters of Religion and as fast as
that none shall hereafter be Admitted into any of the said Societies that shall not do the same And that an Address should be made to his Majesty that all persons who bring up or suffer their Children to be bred up in the Popish Religion may by his Majesties order be put out of all publick Employments civil and military whereof they are now possessed AND that for the future no person may be put into or continued in any employment civil or military who shall knowingly Marry a Papist These last particulars are most worthy to be passed into an Act of Parliament On Tuesday the first of April the Commons finished the Bill of Attainder against the Earl of Danby and sent it up to the Lords After which they passed this Vote Resolved That the continuing of any standing Forces in this Nation other than the Militia is illegal and a great Grievance and Vexation to the people This is the first Vote that was ever made against his Majesties Guards since his return tho there have been Parliaments sitting ever since On Thursday the 3d of April the Articles of Impeachment against William Earl of Powys William Viscount Stafford Henry Lord Arundel of Wardour William Lord Petre and John Lord Bellasyse were brought into the House of Commons and received And a Bill about the Convocation sent down by the Lords and another to Regulate the Elections of Members to serve in Parliament were read the first time and ordered a second Reading Friday the 4th of April An Act for the better discovery and more speedy Conviction of Popish Recusants sent down from the Lords was read the second time and Committed to a Committee who were also to bring in a Clause to prevent any of the Royal Family from matching with Popish Recusants Was not this that tacking of things of a different Nature together which his Majesty had resolved against as he told the Houses in these words about a year before One thing more I have to add and that is His Majesties Speech the 23 of May 1678. to let you know that I will never more suffer the course and method of passing Laws to be changed and that if several matters shall ever again be tacked together in one Bill that Bill shall certainly be lost let the importance of it be never so great But it was resolved it seems now to try whether he would be as good as his word and if he were then the clamour should be that he was against the speedy conviction of Popish recusants Besides this was no such trivial thing but that it might have deserved a distinct Bill The same day the Bill against the Earl of Danby being delivered back by the Lords at a Conference with some Amendments the Commons referr'd the consideration of the Amendments to be considered the next day and ordered an Address to be drawn up for a Proclemation for the Apprehending the said Earl with the usual penalties upon such as conceal him and that he should not be permitted to reside with in any of his Majesties places of White-Hall Somerset House and St. James's On Saturday the Bill for Regulating Elections was read the second time and Committed to a Committee 5 of April with liberty to divide the Bill as they see cause On Monday the 7th of April his Majesty by Mr. Secretary Coventry acquainted the House of Commons that Mr. Reading had acquainted him by a letter directed to one Mr. Chiffinch that he had matters of great importance concerning the Prisoners in the Tower and the present Plot but that his Majesty would not meddle with any Prisoners Committed by this House and that he would if the House thought fit not only permit him but lay his Commands on him frankly and freely to impart whatsoever he knew of that affair to the House of Commons or the Committee of Secrecy appointed by them Which so pleased the Commons that they ordered the humble thanks of the House to be returned to his Majesty So far was he from concealing any thing relating to the Plot as he hath been basely and falsely calumniated This day the Commons sent up the Articles against the five Lords in the Tower into the House of Lords The same day it was ordered that a Bill should be brought in for Annexing Tangier to the Imperial Crown of England ☞ upon a report that it was to be sold to the French I should not have taken notice of this Vote but that I shall have occasion to make further use of it hereafter The Ninth day of April the House further Voted ☞ that those who did advise his Majesty to part with Tangier to any Foreign Prince or State or were instrumental therein ought to be Accounted Enemies to the King and Kingdom On Tuesday the eighth of April the Bill relating to the Convocation was read and referr'd to a Committee And then they fell to debate the Reasons against the Amendments of the Lords to the Bill against the E. of D. which chiefly stood upon this point that the Bill was by them changed from a Bill of Attainder to a Bill of Banishment which the Commons could not consent to 1. Because 't was not the legal punishment of Treason 2. That he might make use of the remission as an Argument of their distrust of their proofs against him 3. That it would encourage others to withdraw themselves as he had See the Reasons at large in the Printed Journal The Habeas Corpus Bill was read the third time and passed and sent up to the Lords The same day was a conference betwixt the Lords and Commons about the E. of D. Bill wherein the Lords prayed a Mitigation of the said Bill Which was referred by the Commons to be considered the next day When their desire was denyed April 9. and Reasons ordered to be drawn up against it The next day there was two several Conferences about this Bill But no report of either of them entered that day in the Journalls of the House of Commons but they are entered on Saturday the 12th of April And it appears that the Commons resolved then to stand to the Bill without the Amendments In the House of Lords on Saturday the 5th of April the Lord Bishop of Ely complained that one Mr. Sidway had put an information against himself and some others of the Lord Bishops that was very derogatory to them and thereupon the House commanded the business to be brought before them and stopt the proceedings of their Committee of Secrecy in that and all other things relating to any Member of their House Where the business being heard on the Monday following the said John Sidway was Committed to the Prison of the Gatehouse for bringing a frivolous and untrue accusation against the Lord Bishop of Ely and other Bishops though several Lords dissented So the Bishops were quitted that time with Honour as I wish they always may be and that their enemies may meet with
rode back to Magus where they first assaulted the Coach and one of them by Name John Balfour of Kinlock as he passed by that Town was heard to say very audibly and distinctly That now Judas was killed A Proclamation being published in his Majesties Name for the discovery of these abominable execrable Murtherers and search made among the Tenants and Heritors of the Shire of Fife and the Inhabitants of Magus being examined upon oath it was made apparent that the bloody Assassins and many others who were strongly presumed to have been Abetters and Contrivers of the Murther were notorious Fanaticks Frequenters of Field-Conventicles and Followers of Mr. Welsh and other Traiterous intercommuned and Rebellious Preachers Nine of the Actors in this Tragedy were discovered by their Names and Sirnames which are as followeth John Balfour of Kinlock David Hackston of Rathilettet George Balfour in Gilston James Russel in Kings-Kettle Robert Dingwall a Farmers Son in Caddam Andrew Guillan Weaver in Balmerinoch Alexander Hinderson and Andrew Hinderson Sons to John Hinderson in Killbrachmont George Fleming Son to George Fleming in Balbuthy The rebellion interrupting the course of Justice against these miscreants for some time the 20th day of September 1679 there was another Proclamation published for the apprehending those Nine and all others that were in the Rebellion and were Heritors or Ministers But by this time the Murtherers and Rebels had fled the Kingdom notwithstanding all imaginable care and diligence to prevent their escape and whilst the Covenanting Army lay at Glascow one of the Balfours as a very credible Gentleman who was then the Town told me saith my Author openly boasted of the Murther as a glorious fact and said holding up his Arm This hand helped to kill the Fox And five of the Accomplices Complotters and Abetters of the Murther chose to dye and be hung up in Chains upon the place rather then confess the sinfulness of the action by acknowledging it was a Murther or a Sin The Fanatical Party foretold it in several places and the Morning before it was committed one of the Assassins like a Jesuit Consecrated to an Heroical Act after a solemn Sacrilegious form held up his hand and swore that That hand should kill the Arch-Prelate upon which the Holy Sister his Hostess kissed him And it is notoriously known in Scotland that he who commanded the foot for Mr. Welsh upon Reupar Law that famous Field Conventicle owned that their Friends thanked God for the Archbishops death which neither they nor their abetters in either Kingdom will call Murther when they have occasion to Speak thereof My Author goes further and shews how the Predecessors of these Godly Cut-throats Norman Lesly John Lesley Peter Carmichael and James Meluil Assassinated Cardinal Beton Archbishop of St. Andrews in his Castle there in cold blood gravely and with the preface of an harangue which Knox commends calling the Principal Murtherer a Meek man of God an odd kind of Presbyterian meekness which our Saviour doth not commend From thence he descends and shew their Principles both Anicent and Modern upon which they build these bloody practises He tells as Goodman Knox's Companion in his Discourse of Tyranny and Popery pag. 30. hath these words All men are bound to see the Laws of God kept and to suppress and resist Idolatry by force Nor is it sufficient for Subjects not to obey the wicked Commands of Princes but they must resist them and deliver the Children of God out of the hands of their Enemies as we would deliver a Sheep that is indanger to be devoured by a Wolf And if the Magistrates refuse to put Mass-mongers and False Preachers now all Bishops and Church-ministers in their esteem are such to death the people in seeing it performed shew that zeal of God which was commended in Phineas Hence all Kirk Writers since his Majesties Return such as Napthali Jus populi The Apologetical Narration The Poor mans Cup The History of the Indulgence as he tells us call the Bishops Apostates Perjured Prelates a perjured Fraternity Traitors to Christ Enemies to his people Idolaters Backsliders All which is meant of forsaking the Covenant and Presbyterian Government and is the very Language they murthered the Archbishop with which shews they were not Jesuits but arrant Presbyterians that did the Wicked fact and my said Author quotes this Passage from Jus Populi pag. 415. The fact of Phineas was a Laudable Act of justice and a precedent for Judges and Magistrates in all times coming and that by his Example any Member of the Council for Phineas rose from among the Congregation might lawfully rise up and execute judgment on this wicked Wretch the Archbishop and his cursed Fraternity who have brought by their Apostacy and defection from the Covenant and cause of God the wrath of God upon the Land For the rest I shall refer my Reader to that ingenious Author from whom I had not Transcribed all this but to prompt others to read him and to Supply that Defect to them who cannot get that Book The news of this Execrable and Barbarous Murther was soon diffused all over England and it may be all the rest of Christendom and entertained by all People who were not poisoned with this Presbyterian Leven with horror and deterstation The rest began to qualify and allay it with ill Characters of the poor man or to divert it from the right Agents by laying it one while upon the Jesuits and another while upon the Tenants of the Archbishop But they foresaw these things would not do their business and therefore their friends in London did what they could to instigate an Address against the Duke of Lauderdale which was the man they most hated and feared of all the world and who if he were not removed would certainly prosecute and revenge this Murther now so it fell out that though not upon their sollicitation there was an Address Voted the 6th of May which pass'd the Eighth The Address which I think fit to be inserted here was as followeth We your Majesties most Loyal and Dutiful Subjects the Commons in this present Parliament assembled finding your Majesties Kingdoms involved in eminent Dangers and great difficulties by the evil designs and pernicious Counsels of some who have been and are in high places of trust and Authority about your Royal Person who contrary to the duty of their places by their Arbitrary and Destructive Counsels tending to the subversions of the Rights Liberties and Properties of your Subjects and the alteration of the Protestant Religion establisht have endeavoured to alienate the Hearts of your Loyal Subjects from your Majesty and your Government Amongst whom we have just reason to accuse John Duke of Lauderdale for a chief Promoter of such Counsels and more particularly for contriving and endeavouring to raise jealousies and misunderstandings between your Majesties Kingdoms of England and Scotland whereby Hostilities might have ensued and may arise between both Nations if not prevented
represent all those Gentlemen of the House of Commons who had Voted against the Bill for Excluding his Royal Highness the Duke of York as Papists or at least Popishly affected and for my part I believe it was the principal Motive of bringing in that Bill for it is scarce possible but that they must see after that Second Declaration that his Majesty made in that very Session concerning the Succession and the House of Lords refusing to joyn with them in the first of these Votes that introduced that Bill that they should never be able to get it pass into an Act but then they might easily foresee however it would be a powerful means of inciting the People against all that should oppose it and prevail with them to pass a Sentence upon them as Popishly affected at least if not down-right Arrant Papists and herein they had great part of their design and there was no Motive more frequently used than this and for the most part it was driven a little higher and urged against his Majesty too as by the bye thus What will you give your Voice for who is a Papist and Voted for the Duke of York in the last Parliament who is an Arrant Papist and the King is little better Which words were actually spoken by one of that Party and Sworn upon him at his Majesty's Suit and for which the party was Fined Five hundred Marks in the Kings-Bench And by this Sole Argument they prevailed to Exclude almost all those Gentlemen and to fill up their places with men of their own principles and traduced his Majesty the Court and all the Ministers of State and almost all the Gentry and Loyal Clergy too for endeavouring to have these men chosen again The Second Thing that they made great advantage of was the pretended discovery of Sir S. Fox of the Pensioners in the Long Loyal Parliament which discovery being hastily made and No Record of it being entred they took the Confidence to Add to it whomsoever they were pleased to have so thought by the small Free-men and Free-holders and that was a Number it may be double and treble to that Sir S. mentioned however I am sure that the Written Lists that were then spread abroad and which were all of Equal Authority or pretended to be so did not agree some having more Names than other and I am well assured that some Persons Named were not Pensioners nor could be so and therefore I believe Sir S. never said they were but they were added by the Transcribers according to their private Interests or Passions but they made the People believe they knew who would be Pensioners too which was somewhat difficult and led the diffidence to that height as to Exclude as far as they could possibly not onely all the Courtiers and other Persons who had any Places of Profit and Advantage under his Majesty but their Relations too and Wanted not much that they had Excluded all those who bore any honorary Imployments or Offices such as Deputy-Lieutenants and Justices of the Peace So that nothing now recommended a man so effectually for a Parliament-man as that he had not been thought fit to be trusted in the least by his Majesty or their Neighbour Gentry or having been so had been turned out all which were applauded as Men not to be bought Enemies to the Court and Ministers and therefore true Friends to the Protestant Religion and the Country All which tended as they said to the Advancement of his Majesties Service and to the increasing the Love of the People towards him and the Government and he was a hard-hearted man who called the Sincerity of their Loyal intentions in question These two being added to all the Ill ways they had made use of in the former Election no wonder if his Majesty was not Satisfied with the Returns when he faw by them what men he was to meet in his next House of Commons Whereupon his Majesty Prorogued them at the day of their meeting till a further time and so kept them from meeting to Sit till the 21th of October 1680. And now let us see how they behaved themselves in this Interval Wherein I shall desire the Reader 's Excuse if I do not relate things in that precise order they fell out it being nothing material to my purpose His Majesties Intentions of Proroguing the Parliament from time to time so as not to permit a Session till the time he had designed which was a Year being once known the great Contrivers of all our Disturbances who met and ordered all things in Clubbs and close Cabals fell into the greatest Passion imaginable they had carried things to that height out of design to force the King to Dissolve that Parliament or yield more than he could either spare or recall but then they had made their count he could not continue long without another Parliament and the quick choyce and the temper of the Men generally Returned was Appeal from the Country to the City as they gave out in their Pamphlets according to their hearts desire But then if they might be dissolved or prorogued when ever they came to Redress the Grievances of the People that is when ever his Majesty pleased to think it Expedient and especially for so long a time the heat the People were then in might cool other thoughts might arise the fears of an immediate Execution of the Plot upon them might appear as they knew they were vain and salse His Majesty might Recover his Estimation with his People and shew he was able to Subsist without present Supplies from a Parliament and which grieved them most of all he might in this time Root up the Reliques of the Scotch Rebellion in such manner that no assistance would afterwards be to be had from those Northern Brethren what need soever they might have of them which is as good as confest by the Author of the Appeal to the City To prevent these and several other dreadful Consequences of this Nature they cast their heads what course they should take the way of Pamphlets was slow and uncertain and they had almost Cloyed the Appetite of the Nation with that Crude sort of Rebellious and Disloyal Discourses which served rather for the divertisement to Idle men then gave them any great Advantage at least for the present and they had need in this affair of some very quick and powerful Expedient that might work upward upon the King and downward upon the People Neither could they then bethink themselves of any better remedy than to revive the old way of Tumultuous Petitions signed by all sorts of people and that in vast Numbers The first of which sort as I believe An. 1603. C. His Book 9. Pag. 7. was the Mille manus Petition Presented to King James Tho as Fuller acquaints us there was onely 750 * But after this the Author saith other Petitions were set a foot about the same time for
us that he made claim by Humble Petition in the Name of the Commons of England in Parliament Assembled of the Antient Rights of the Commons for them and their Servants in their Persons and Estates to be free from Arrests and other disturbances in all their Debates to have Freedom and Liberty of speech and as occasion should require to have Access to his Majesties Person Which was allowed by the King But tho he hath not been pleased to Print his own Speech there was one given out for the Information of the People in Writing which was as followeth May it please Your Majesty THE House of Commons have been pleased to Make use of ME for their Speaker and Have presented me for Your Majesties Approbation It is a Place of great Weight and Pains Both by my Education and Profession I have been always used to Labour and Industry Therefore I will by Your Majesties Approbation endeavour to discharge the Trust reposed in me If this were the Preface to the Three Demands or Petitions I cannot blame him for not Printing it no more then I can commend him for making one so totally different from what used to be said on such occasions But a man may smile to see how finely the man had digested and put over all his trembling fears in one Nights time when he called to mind his Education and Profession which he had totally forgot the day before and now having considered better did not think it was fit to ask his Majesty to discharge a person so wonderfully qualified for the Place as all other had done before him being it seems not so sensible that by their Education and Profession they had been used to Labour and Industry And 't is pretty to see how his Majesties Approbation is put into a parenthesis as if one should say it was Needless and scarce worth the asking and the Sence of what he was to speak would have been perfect without it But such was his Majesty's Goodness that he easily passed over these things tho they were apparent encroachments upon his Royal Prerogative and such too as another Prince would have stomached He sought the good of his People more than any thing and for that cause bore these disorders On Munday the 25. of October the Lords sent down an Address they had made to his Majesty for the Pardon of all such persons as should come in and discover any thing further of the Plot within two Months and with it his Majesties Answer which was as followeth HIS Majesty hath Considered of the Address made by the House and is so willing to Encourage all persons who know of any Treasons and Conspiracies against his Person and Government that he will cause his Royal Proclamation to Issue declaring That he will fully Pardon and Secure all persons who shall make such discovery not Onely during the space of Two Months as is desired but at any time after whensoever such discovery shall be made The next day the Commons resolved to make an Address to his Majesty to the same purpose And Mr. Dangerfield the discoverer and great Agent in the Meal-Tub Plott which was a Silly design of the Papists to turn their Plott upon the Presbyterians mentioning Sir Robert Peyton a Member of their House in this Information They referred it to a Committee to Examine the Maters touching Sir Robert Peiton and to report the same to the House And then Resolved Nemine Contradicente That it was the Opinion of their House to proceed effectually to suppress Popery and Prevent a Popish Successor On Wednesday the 27th of October they agreed the said Address which was as followeth WE Your Majesties most Dutiful and Loyal Subjects the Commons in Parliament Assembled being highly Zealous for the preservation of the Protestant Religion Your Majesties Sacred Person and Government and resolving to pursue with a strict and impartial Inquiry the Execrable Popish Plot which was detected in the Two Last Parliaments and has been Supported and Carried on by potent and restless Practises and Machinations especially during the late Recesses of Parliaments whereby several persons have been terrified and discouraged from declaring their Knowledg thereof most humbly beseech Your Majesty That for the Security of such persons who shall be willing to give Evidence or make further Satisfactory Discovery concerning the same to this House Your Majesty would be pleased to Issue Your Royal Proclamation assuring all the said persons of your Gracious Pardon if they shall give Evidence or make such Discovery within two Months after the date of such Proclamation There was two Exceptions taken to this Address by others Tho I find none made in the House viz. The first was That in the height of their Zeal they forgot to tell his Majesty what Protestant Religion they meant or desired to preserve for there being in England many not onely several but contrary Religions which yet may be Comprehended under that General term of Protestant Some of which are worse than Popery they were not to be preserved but Suppressed if it might be Except they intended in opposition to Popery to uphold all the Heresies and Schismes that arose in the late Rebellion amounting to near Eightscore as they have been counted but then it had been better to have called them Protestant Religions for it is a perfect piece of Nonsence to call these Contrary and Contending Factions who do mutually endeavour to Ruine each other tho they are now Combined as much against the Religion that is Established as against Popery and to Act against it with more fury than they do against Popery I say it is Nonsence to call these Conjoyntly Religion when if there be or ever were any such things as different Religions in the World these are such and they are as Contrary to the Religion established and each to other as they are to Popery Hitherto the Parliaments had always qualified that loose general word with such terms as these Established or by Law Established or the like and sometimes not so much as mentioned the Word Protestant which is very improperly affixed to any Party of the Reformed Religions of England there being perhaps never a Lutheran in England to take it strictly But we shall see afterwards that it was not a Casual or Accidental omission here but as these Protestants at Large had advanced the greater part of these Commons into that high dignity so they were resolved to lift them up above the Church and Laws by way of Reward tho the Peace of the Nation and the Government were Ruined by it The Second thing objected was That they Tacitly and Injuriously reflected upon His Majesty in their Pretences That during the Recess of Parliament several persons had been terrified and discouraged from declaring their Knowledg of the Plot. As for the Recesses Prorogations and Dissolutions of the Parliaments they were apparently forced upon the King much against his Will by the unreasonable Heats Feuds and Irregularities of the
God From which two I will infer this Conclusion That who ever shall attempt to alter this Right of Succession without a manifest revelation which is not now to be expected is a Notorious Usurper upon the Right of the Person who is to Succeed be the pretence for it what it will and a Rebel against that Providence which gave him that Right Nor will all the Antient Rebellions Usurpations and Disorders which have hapned in this Kingdom Justify them that shall begin them again Now if it should please God so to order it that the Duke should at his Majesties Death be the Next Heir to his Crown I cannot see how any humane Power shall prevent his Succession to it but by encroaching upon his Right and by rebelling against the Divine Providence that gave it to him So that be the Inconveniences that shall follow upon such a Succession what they will or can be we must submit to them upon pain of Rebellion against both God and his Anointed our Lawful Prince And then let any man be judge whether it is better to fall into the Hands of a Popish Prince or into the Hands of an Angry God who is a Consuming fire and who is not bound by any Act of Parliament from afflicting a Sinful and Rebellious People So tho the Church of England hath all the reason in the world to dread such a Prince yet she will have greater reason to dread a Rebellion against him because it runs her upon the Divine Vengeance and is directly contrary to her Principles and the Practise of the Apostles and Primitive Church and is plain down-right Popery So that I conclude Neither She nor any of her Children will be guilty of it come what will come But this is not all we are already Sworn to Bear Faith and true Allegiance to the Kings Highness The Oath of Supremacy His Heirs and Lawful Successors and that to our power we shall assist and defend all Jurisdiction Priviledges Pre-Eminences and Authorities granted or belonging to the Kings Highness his Heirs and Lawful Successors or United and Annexed to the Imperial Crown of this Realm of which that of an hereditary Succession is one of the principal and we are Sworn not onely to his Majesty whom God Long Continue but also to his Lawful Successors with which Oath none but they that have that Right can dispence for this being a promissory Oath made to them as well as him when their Rights shall fall his Majesty cannot remit their Right nor any of them anothers but they have Every of them in their respective degrees and orders an indispensable Right confirmed to them by this Oath Nor would they cease to be Lawful Successors in the Sence of this Oath tho a Law were made to prevent bar or cut off their Succession because all that is meant by the word Lawful in this place is to be understood by the common Rules of Succession Settled by the Common Law of England viz. the Eldest Son or Daughter before a Younger of the same Sex c. Now if his Majesty cannot do it much less can the Lords or Commons do it because they are all within the obligation of this Oath and it is unreasonable that men should dispence with their own promissory Oathes to others for this would destroy all Faith and Confidence amongst men and pull up the very Roots of all Society and Government Nor can any man imagine that this Oath was made in favour of a Protestant Successor only H. 8. being a Popish Prince in whose time it was Settled at first And the same in effect is Sworn by the Oath of Allegiance with this binding Clause I do believe and in my Conscience am resolved that neither the Pope nor any other Person whatsoever hath power to absolve me of this Oath or any part thereof which I Acknowledge by good and full Authority to be lawfully Ministred unto me And by this Oath we are also bound to bear Faith and true Allegiance not onely to his Majesty but to his Heirs and Successors and Him and Them to Defend to the Utmost of our power c. Which is to be understood according to their several and respective Rights and at such times as they shall grow and accrew to them and every of them And altho this Oath was Introduced by a Protestant Prince yet is not made to him as a Protestant but as Lawful and Rightful King of this Realm and who ever is So hath and must have Right to impose it upon us be his Religion what it will So that besides the former Sin of Rebellion against the Providence of God Here is an Apparent and Unavoidable Perjury in this Case to Aggravate the other And surely no good Religious man will run upon these two Hideous Sins deliberately to avoid any temporal affliction whatsoever So that were the Case just such as it is represented by the Author of the Character of a Popish Successor It would not Justify the Excluding of such a Successor as he hath described by Force and Arms against his Right and our Oathes to the Contrary tho we were never so certain to Succeed in the Attempt But then that wicked man has most falsly represented things to us and So as it is impossible they should ever prove in the Event if we do not give occasion for it by an improsperous Rebellion nay I believe I may say if we should First it is agreed by All the World That there are Ten Protestants for one Papist thro all the Dominions of England So that if such a Successor should attempt to Extirpate them the bare refusing to aid or assist him in such an enterprize would render it impossible Secondly All our Laws are in favour of that Religion that is Established which could never be Repealed but in Parliament and it is morally impossible to have a Parliament the major part of which will not be Protestants who will never Consent to ruine themselves Thirdly The Revenue of such a Prince will not bear the Charge of so great an Army as will be necessary to reduce the People to a Religion so generally detested and hated as this is In answer to this there is Two things pretended First That he may have Foraign Ayds And Secondly That he will have means to deter or allure many from the Protestant Religion to his own As to Foraign assistances no Prince will dare to admit so many as shall totally over-power his own People because then they will be able to ruine him as the Saxons did the Brittains and he may be sure they will do it So that this is a ridiculous Supposition in a Prince of our own Nation that hath No other Dominions but these As to any Number of People that he may be able to bring over to his Religion they will be very inconsiderable in proportion to those that will never be brought over tho we suppose the Number greater then it is like to be
No person should be Admitted to come to them but such as should have occasion to bring them Necessaries On Friday the 10th of December Captain Castle was found and Voted guilty of offending against the Rights of the Subject by Obstructing Petitioning to His Majesty for the Sitting of that Parliament The same day the Commons Ordered an Impeachment to be prepared against Sir Francis North Chief Justice of the Court of Common-Pleas for High Crimes and Misdemeanors viz. for Advising the Proclamation against Tumultuous Petitions Then they Voted That the Imprisonment of one Peter Norris at Dover by the Order of Sir Leoline Jenkins was Illegal and Arbitrary and an Obstruction to the Evidence for the Discovery of the Horrid Popish Plott This was the business for which Sheridon and Day were imprisoned On Munday the 13th A Bill for Exportation of Cloth and other Woollen Manufactures into Turkey being read the second time and a Debate arising thereupon it was Ordered that it should lie upon the Clerks Table They Ordered also That the Committee appointed to look into and prepare Evidence against the Lords in the Tower do Examine the Evidence against all persons concerned in the Popish Plot. And they were to report the Names of such persons together with their Opinions therein to the House upon the Debate And also that Leave should be given to bring in a Bill for Banishing of all Papists and suspected Papists from the Cities of London and Westminster and XX miles of the same with Clauses therein for disarming of all Papists and for Pains and Penalties against all such Papists or suspected Papists as should Ride Go or be Armed And that Lists of them should be brought in by the Members When ever any Law pass against suspected Papists great care ought to be taken to limit that Loose term or great Mischiefs will insue On Tuesday the 14th of December Complaint was made That one Herbert Herring who had been ordered to be taken into Custody for a Breach of Priviledge did abscond himself to avoid the Execution of the said Order whereupon it was Resolved That if he did not render himself by Saturday that House would proceed against him by Bill in Parliament for endeavouring by his absconding to Avoid the Justice of the House This was a way never to want Work if every Fugitive Attorney or Porter that had broke the Priviledge of the House was to be brought in by Bill Sir Robert Peyton a Member of their House was the Next that fell under their displeasure being said to Have had Secret Negotiation with the Duke of Y. by the Means of the Earl of Peterborough Mrs. Cellier and Mr. Gadbury at such time as they were turning the Popish Plot upon the Protestants i. e. the Presbyterians it seems they are THE Protestants For which he was Ordered after his defence to be Expelled the House and to be brought to the Bar to receive the Censure of the House upon his Knees from the Speaker Which was done with so little respect to the Quality of the person that after the Dissolution of the Parliament he sent the Speaker a Challenge for which he was Committed having been before committed to the Serjeant for not being at hand when it should have been first done by the Speaker So he was twice Committed and Expell'd too but by what Law the House of Commons proceeded I know not It is the Interest both of the Members and of Us whom they represent to take care that this be not left to them for here was a Member Expelled not for being a party to that Conspiracy of the Papists but for having Secret Negotiations with the Duke of York at that time and if this be allowed that they may Expel for what cause they please be there Law or be there none then have the greater part of the House an Absolute and Arbitrary power over the lesser part and if either Side do by accident get the Advantage of the other by a Single Vote they may Expel them as they please which must Necessarily end in Confusion and Slavery On Wednesday the 15th of December the House resolved into a Committee of the whole House to Consider of Ways and Means to Secure this Kingdom against Popery and Arbitrary Power and Resolved upon two Votes viz. Resolved Nemine Contradicente That this House doth agree with the Committee That one Means for the Suppressing Popery is That a Bill be brought in to banish immediately all the Considerable Papists of England out of the Kings Dominions Resolved N. C. That this House doth agree with the Committee That a Bill be brought in for an Association of all his Majesties Protestant Subjects for the Safety of his Majesties Person * Note here is no mention of his Majesties Government in this Association the Defence of the Protestant Religion and the Preservation of his Majesties Protestant Subjects against all Invasions and Oppositions whatsoever and for preventing the Duke of York or any Papist from Succeeding to the Crown And ordered a Committee to be appointed to prepare and bring in a Bill pursuant to the first of the said Resolves The latter was taken up to Supply the Bill of Exclusion which bad been thrown out by the Lords and was never prosecuted any further for when they came to draw the Bill it was found impracticable without involving us presently in a Civil War For an Association signifies nothing without a Head to govern and direct it if the King be made the Head then we are where we were and it is to no purpose If another person be made So then there is two distinct Governments in the same Kingdom which can never stand together a Month without imbroyling themselves and the People This the Holy League of France proved Experimentally true and the same Event will always follow Besides there was no reason to Expect that either his Majesty or the House of Lords would yield to this way of Exclusion which was worse than the former Tho if that had passed it would have signified nothing without an Association or a Standing Army as the Author of the Seasonable Address to both Houses of Parliament hath well proved This day also His Majesty made a Speech to both the Houses which I will insert when I come to the Answer of the Commons to it On Thursday the 16th of December A Petition of Divers Inhabitants in the County of Surry Complaining of the proceedings in an Ecclesiastical Court against them being read it was referred to a Committee to bring in a Bill or Bills for Regulating the proceedings of such Courts A Petition of Joshua Brook and other Merchants against the African Company was also read and referred to a Committee Mr. Booth reporting from the Committee to whom the Bill for the better Regulating the Tryals of the Peers of England was committed An Amendment to be made and a Clause to be Added and thereupon a Motion being made to bring in a Clause
Experience this Nation once had on the like occasion In the Reign of such a Prince the Pope will be acknowledged Supream What shall the Pope be acknowledged as the King now is Supream in all Causes as well Temporal as Ecclesiastical Can any man that will stick to his Oath be forced to acknowledg this New minted Papal Supremacy which never had any being but onely in St. Peter's Patrimony where the Pope is a Temporal Prince Must all Cases forthwith be drawn under his Jurisdiction Then Wo be to Westminster-Hall though the Subjects have Sworn the contrary and all Causes either as Spiritual or in order to Spiritual things will be brought under his Jurisdiction The Lives Had the House any Prophets amongst them to fore-see this If a Protestant Prince should have a mind to play such a Freake it would not be possible to effect it whence then shall the Popish one get so much more Power Liberties and Estates of all such Protestants as value their Souls and their Religion more than their Secular Concernments will be Adjudged forfeited To all this we might Add That it appears in the Discovery of the Plot Who invited these Princes Assistance Who used these Arguments From whom is the performance to be Expected In all the Discovery I never see the Duke Himself Charged to have Done or Said any of these things and if Coleman and the Jesuits have Treated about them in his Name but without his Order from them onely the performance is to be Expected who have no power but if the Duke had promised these things himself the impossibility of the thing will Excuse him Sufficiently from the obligation of so wicked and foolish an Engagement That Foreign Princes were Invited to Assist in Securing the Crown to the Duke of York with Arguments from his great Zeal to establish Popery and to Extirpate Protestants whom they call Hereticks out of his Dominions and Such will expect performance Accordingly We further humbly beseech Your Majesty in your Great Wisdom to Consider It is not likely but that his Majesty did think of this before this Address had a being and they should do well to Consider That the Nature and Temper of the English Nation is Such as Experience shewed us in the late Times That an absolute Monarchy may be much more Easily Set up and Continued amongst us than a Common-Wealth and therefore it is as possible that in case of Such an Opposition the Duke may prevail and become Absolute it he please as that he should be Overcome and it is much more probable that this Royal Line will finally prevail if he do not and obtain the Succession then that an Oliver Cromwell will be able to Settle it in a New Family whom all will Hate and Envy And it ought also to be Considered France may Strike in and Settle The Monarchy Duke Popery and Arbitrary Government in case of opposition which is not likely without it Or it May be may endeavour to get the Crown for himself or his Brother However Rebellion and Civil War are as destructive as Popery and therefore Never to be chosen Whether in Case the Imperial Crown of this Protestant Kingdom should descend to the Duke of York the opposition which may possibly be made to his possessing it may not onely Endanger the further descent in the Royal Line But even Monarchy it self For these Reasons we are most humble Petitioners to Your most sacred Majesty I shall in the Conclusion shew his Majesty had much better Reasons in tender Commiseration to his Poor Protestant Subjects to deny their Petition and stick to the Reservation tho I believe he may grant their Bill when it be tender'd in a Parliamentary way But as for the Association I suppose His Majesty will desire to be Excused as long as ever he is able to remember how the Associated Counties and London defended His Fathers Person and the Protestant Religion and Kingdom and how difficult it will be to give him a Competent Security That this Association against his Royal Brother shall not be turned at one time or other upon one pretence or other against himself or his Government of which no care it seems is to be taken Especially after Such a Menace to the Monarchy which I believe may be Immortal if it remains till such an Act of Parliament pass That in Tender Commiseration of your Poor Protestant People Your Majesty will be Graciously pleased to depart from the Reservation in your said Speech and when a Bill shall be tendered to Your Majesty in a Parliamentary way to Disable the Duke of York from Inheriting the Crown Your Majesty will give your Royal Assent thereto and as Necessary to fortify and defend the same That Your Majesty will likewise be Graciously pleased to Assent to an ACT whereby Your Majesties Protestant Subjects may be enabled to Associate themselves for the defence of Your Majesties Person the Protestant Religion and the Security of Your Kingdoms These Requests we are Constrained Humbly to make to Your Majesty as of absolute Necessity for the Safe and Peaceable enjoyment of Our Religion That is come what will of Tangier and Flanders the Peace of Christendome and the Power of France till Your Majesty grant us these we are resolved to concern our selves for Nothing And when his Majesty hath granted them and what follows he need as little concern himself for the remainder Without these things the Alliances of England will not be Valuable nor the People encouraged to Contribute to Your Majesties Service And as some further Means for the preservation both of our Religion and PROPERTY we are Humble Suiters to Your Majesty These two Paragraphs smell so strong of the 19 Propositions at Vxbridge that I wonder more at them then all the rest of this Address for tho they do not in terms ask the Nomination of all these Civil Military and Naval Officers yet that must be the Consequence of it for if His Majesty be Judge of the Qualities of the Men which he imployes he may say they are at present all of them so qualified as they desire and then there is no Need of this Address in that particular or if on such general terms they may be allowed to have these Changed and His Majesty shall consent to it they may Except in the same manner against any other men his Majesty shall appoint ad infinitum till his Majesty shall Nominate themselves or such men as they shall please to Nominate and Appoint and they that shall be so Nominated by the Commons will without doubt pay their respects and obedience to them from whom they receive their preferment and all others that hope to succeed them that are So appointed at first will regard the profit arising from such preferments more than the glittering splendor of a Crown and so his Majesty being deprived of the dependance and Consequently of the defence of these Officers
shall be Exposed Naked and Friendless to the Fury of those Reipublicans that Murthered his Royal Father and the Religion by Law Established to the Mercy of those that have Sworn the Ruine of it And finally the Property and Liberty of the Subject shall be Exposed to those men who have given the World too good an Account already what Trusty Guardians of them they are ever to be trusted with them again till the Memory of the late Times shall perish not onely as to the Memories of Men but Books and Records But yet after all this the branding those Gentlemen that were brought in without the Least Exception to Supply the places of those that were turned out of the Commission of the Peace and Lieutenancy with the odious Titles of Men of Arbitrary Prineciples and Favourers of Papists and Popery is in my poor Judgment Much worse and as it was impossible the Major part of the House should think so of them all so I am fully perswaded if Passion had not had too great a dominion over them they would Never have vented so Crude an Assertion in So August a place in So Serious a Manner to his Majesty and the whole World they may be pleased to think of this again Now the heat perhaps is over for as they have worded it it can never be maintained it being impossible to be known or proved nor is any favourable Construction to be allowed to an Expression and Declaration so publickly and deliberately made by so many men in so publick a Trust That from henceforth such Persons only may be Judges within the Kingdom of England and Dominion of Wales as are men of Ability Integrity and Known Affection to the Protestant Religion and that they may hold their Offices and Salaries quam diu se bene gesserint That several Deputy Lieutenants and Justices of the Peace fitly qualified for those Imployments having been of late displaced and others put in their room Who are MEN of Arbitrary Principles and Countenancers of Papists and Popery Such onely may bear the Office of a Lord-Lieutenant as are persons of Integrity and Known Affection to the Protestant Religion That Deputy-Lieutenants and Justices of the Peace may be also So qualified and may be moreover Men of Ability of Estates and Interest in their Country That none may be imployed as Military Officers or Officers in Your Majesties Fleet but Men of Known Experience Courage and Affection to the Protestant Religion These our Humble Requests being obtained we shall on our parts be ready to Assist Your Majesty for the preservation of Tangier and for putting your Majesties Fleet into Such a Condition as it may preserve your Majesties Soveraignty of the Seas and be for the Defence of the Nation If Your Majesty hath or shall make any Alliances for Defence of the Protestant Religion and Interest and Security of this Kingdom this House will be ready to Assist and Stand by your Majesty in the Support of the same AFTER this our Humble Answer to Your Majesties Gracious Speech Doubtless after all this fine Language and strong Reason if any Evil Instrument any man of Arbitrary Principles or favourer of Papists or Popery or finally if his Majesty or any Considerable part of the Nation should thro humane infirmity happen to Suspect either your Prudence in delaying the Care of these Great Things to so long a day or your Loyalty in making these demands of your Natural Soveraign or your Charity and Candor in bestowing Commendations on your fellow Subjects his Majesties Officers at the rate you have done I say if any such misfortune should happen you are not to Wonder much at it for great Merits and great Virtues great Attempts and Heroick Undertakings are Seldom well received at present but Posterity will Admire and Applaud them according to their Deserts we hope no Evil instruments whatsoever shall be able to lessen your Majesties Esteem of that Fidelity and Affection we bear to Your Majesties Service but that Your Majesty will always retain in your Royal Breast that Favourable Opinion of Vs your Loyal Commons that those other good Bills which we have now under Consideration Conducing to the great Ends we have before Mentioned as also all Laws for the Benefit and Comfort of Your People which shall from time to time be tendred for Your Majesties Royal Assent shall find acceptance with Your Majesty I will here insert those Reasons I mentioned above against the Bill of Exclusion which were delivered in the House of Commons the Fourth day of November before this Address by a Great Person a Member of that House Sir L. J. by which letters I understand Sir Leoline Jenkins one of the Principal Secretaries of State Sir I have spent much of my time in studying the Laws of this Land and I pretend to know something of the Law of Foreign Countries as Well as of our own and I have upon this occasion well considered of them but cannot find how we can Justifie the passing of this Bill rather much against it First I think it contrary to Natural Justice that We should proceed to Condemnation not only before Conviction but before we have heard the Party or Examined any Witness about him I am sure none in his defence And to do this by making a New Law of purpose when you have Old Laws in being that have appointed a Punishment to his Crime I humbly conceive is very Severe and contrary to the usual Proceedings of this House and the Birth-Right of every English-man Secondly I think it is Contrary to the Principles of Our Religion that we should dispossess a man of his Birth-Right because he differs from us in point of Faith For it is not agreed by all that Dominion is sounded in Grace For my part I think there is more of Popery in this Bill than there can possibly be in the Nation without it for none but Papists and Fifth-Monarchy-men did ever go about to dis-inherit men for their Religion Thirdly I am of opinion that the Kings of England have their Right from God alone and that no Power on Earth can deprive them of it And I hope this House will not attempt to do any thing which is so precisely contrary not only to the Law of God but the Law of the Land too For if this Bill should pass it would Change the Essence of the Monarchy and Make the Crown Elective For by the same reason that this Parliament may dis-inherit this Prince for his Religion other Parliaments may dis-inherit another upon some other pretence which they may Suggest and so Consequently by such Exclusions elect whom they please Fourthly It is against the Oath of Allegiance taken in its own sense without Jesuitical Evasions For by binding all persons to the King his Heirs and Successors the Duke as Presumptive Heir must be understood And I am of opinion that it cannot be dispensed withal Sir I will be very cautious how I dispute the Power
any part of the King's Revenue or whosoever shall pay such Tally hereafter to be struck shall be adjudged to hinder the Sittings of Parliaments and shall be responsable therefore in Parliament First they Resolve they would give nothing themselves and then they terrify all others as much as in them lyeth from Lending or Advancing any Money to him which was not according to their Writ of Election to Advise his Majesty but by duress to force and compel him to Submit to their better Judgment as became Loyal and Dutiful Subjects So that his Majesty might well say of these Votes That instead of giving him assistance to Support his Allies or enabling him to Preserve Tangier they tended rather to disable him from contributing towards either by his own Revenue or Credit not only exposing him to all Dangers that might happen either at home or abroad but endeavouring to deprive him of the possibility of Supporting the Government it Self and to reduce him to a more helpless condition than the meanest of his Subjects A Sad and a very Just Complaint and Accordingly resented by that vast Number of People that have since Addressed to thank his Majesty for that Declaration On Saturday the 8th of January The Lords sent a Message to the Commons to acquaint them that their Lordships had appointed that day Sevennight for hearing the Cause upon the Impeachment of Mr. Seymour and that their House might reply if they thought fit but they had no leisure to take notice of it Information being given to the House by the Serjeant at Arms that Sir John Lloyd Sir Edward Philips Herbert Herring Miles Baspole _____ Iles and Arthur Yeomans who for divers great Misdemeanors by them committed as was pretended against the Priviledge of their House were Ordered to be taken in Custody of the said Serjeant did Abscond themselves that the said Order could not be put in Execution against them hereupon they Ordered That an Humble Application should be made to his Majesty from their House by Such Members thereof as were of his Majesties most Honourable Privy Council desiring his Majesty to Issue out his Royal Proclamation for the Apprehending the said several persons in case they should not render themselves to the Serjeant by a certain day therein to be limited The same day they Ordered That a Committee should be Appointed to inspect the Journals of their House and of the House of Lords and Precedents to Justify and Maintain That the Lords ought to Commit Persons to Safe Custody when Impeached for High Treason by the Commons in Parliament and to make report thereof to the House Which Vote had relation to Sir William Scroggs And so we are come to the day that finally put an End to all their Proceedings which was Munday the 10th day of January and a great Wonder it was that his Majesty could endure them so long They began the day with a Vote which shews the Meaning and Tendance of all the rest Resolved That whosoever Advised his Majesty to Prorogue this Parliament to any other purpose than in order to the passing of a Bill for the Exclusion of James Duke of York is a betrayer of the King the Protestant Religion and of the Kingdom of England A Promoter of the French Interest and a Pensioner to France They Knew then that they were to be Prorogued but they Knew not by whose Advice and so if his Majesty did it without any Advice then all these Hard words were thrown at him but by whomsoever it were done this Vote could have no good meaning or effect and must end in Smoke or Tumults and Confusion 2. Resolved That the Thanks of this House be given to the City of London for their Manifest Loyalty to the King their Care Charge and Vigilancy for the Preservation of his Majesties Person and of the Protestant Religion Ordered That the Members that Serve for the City of London do accordingly give them the Thanks of the House Resolved That it is the Opinion of this House That the City of London was Burnt in the Year 1666 by the Papists designing thereby to Introduce Arbitrary Power and Popery into the Kingdom Resolved That the Commissioners of the Customes and other Officers of the Custom-House have Wilfully broken the Law prohibiting the Importation of French Wines and other Commodities and that if they shall hereafter Wilfully or Negligently break that Law they shall be questioned therefore in Parliament Resolved That it is the Opinion of this House That James Duke of Monmouth hath been removed from his Offices and Commands by the Influence of the Duke of York Ordered That an humble Application be made to his Majesty from this House by such Members thereof as are of his Majesties Honourable Privy-Council to desire his Majesty to restore the said James Duke of Monmouth to his said Offices and Commands This was excellently timed and they had so obliged his Majesty they might be sure he would not deny them Resolved That it is the Opinion of this House That the Prosecution of Protestant Dissenters upon the Penal Laws is at this time Grievous to the Subject a weakning of the Protestant Interest and incouragement to Popery and dangerous to the Peace of the Kingdom Here their Mouths were stopt by a Message from the King by Edward Carteret Usher of the Black-Rod Acquainting them that the King Commanded them to Attend him immediately in the House of Peers And there his Majesty Prorogued them to the Thursday Sevennight being the 20th of that Instant January 1680. 1. His Majesty gave his Royal Assent to the Act Prohiting the Importation of Cattle from Ireland 2. To the Act for Supplying the late Act for Burying in Woollen 3. And to an Act To rectifie Errors in Sir Charles Houghton 's Settlement There was another Act for Repeal of the Act of the 35 of Elizabeth ready to be passed and it was Lost No body knew how and was never tendred to his Majesty Soon after this Parliament was Dissolved by Proclamation to the great Satisfaction of all but the Dissenters who if they had been able to consider things Aright had as little reason to be pleased with their Proceedings as any of the rest for they did them no other Service then to Exasperate the King and the Government against them and have made them to be more prosecuted and less pitied than they were before The Popish Party received almost as little damage by them as the Dissenters did Advantage for they bending their force Equally against the Succession and Popery all their Designs if they had any beyond clamour against the Papists were broken Their Arbitrary and Illegal Proceedings against the Abhorrers of the Tumultuous Petitions for the Sitting of the Parliament procured more Friends to the Duke of York then perhaps he would otherwise have had and gave the English Gentry an Excellent Prospect what they might Expect from these Warm Gentlemen if ever they fell into their hands The King had
a fair Warning also to look to Himself and the Religion by Law Established when he saw with how little Reverence these Protestants at Large treated him while his Prerogatives were intire and wholly in his Own Hands and had he but yielded to them in the Point of the Duke of York they would Soon have taught him how little was to be gotten by Complying with men of their temper The only Service they did was to the French King for our Allies beyond Seas seeing that No Assistance was to be Expected from England Surrendred their strongest Towns to him for the Asking and so suffered the worst effects of War in Peace The City of London Lost the hopes of having any more Parliaments amongst them till Times be better and more Settled by their grateful Applications to them for their Loyalty and Care of the Protestant Religion at Large The Trade of a Considerable part of the Nation is ruined not for want of Laws but by too many which have restrained that intercourse and freedom that ought to be betwixt Us and our Neighbour Nations yet I cannot say that this Parliament would have relieved the Nation in that point if they had Continued Longer when it is considered with what care and industry the Act for the prohibition of Irish Cattel was carried against all opposition tho it is damageable to a very considerable part of the Nation if not to the whole and had these Gentlemen been equally concerned for the Suppressing of Popery as they were for this ACT Some of those Bills at least that were sent down from the Lords or began by the Commons might have been ready as well as this for the Royal Assent Yet they had some very good Bills relating to Trade under consideration but they were not so Zealous in that Concern as they ought to have been but rather seemed to fear the State of the People on that account should be made too easie before they had obtained their other Ends of his Majesty and the Government Of this their Vote about the Act for prohibition of the French Trade may be an instance for however that Act might be of great use if the Dutch would consent to prohibit all Trade with them as well as We yet as Long as they go on to Trade with them and we do not it onely tends to impoverish the King and Us and Inrich them and therefore ought to have been left at liberty till they and we can mutually agree to stop it Nor did the Protestant Religion by Law established fare any better for that being equally opposed by the Dissenters on one hand and the Papists on the other under pretence of Uniting us against the latter the former were encouraged by their Votes and Bills to endeavour her ruine The Bill for Uniting his Majesties Protestant Subjects is a perfect Toleration of almost all other Religions which are or shall be amongst us except Popery and had it and the other Bill for Exempting them from the Penalties of the Laws made against the Popish Recusants passed it would not have been possible to have Executed them or any other against the Papists For it cannot be imagined that the Papists could not have been able to have got themselves Listed amongst some of our Dissenters or other and then upon making the Declaration and producing two Persons as Witness that they believed them to be Protestant Dissenters they would have had the liberty to have inflamed both those Dissenters that were Comprehended and those that were Tolerated against the entire Conformists and these again against them And so both Popery should have gone unpunished and the Feuds amongst our selves would have grown to that height that nothing but a standing Army would have been able to have kept us in any tolerable quiet If the Ministers of the Church of England had been part of them entire Conformists and part of them Presbyterians those that were of the first sort would have kept up the Religion Established as high or higher then now and the other Party must have laid aside totally the use of the Common-Prayer as well as the Surplice Cross and Kneeling at the Lords Supper or else their whole Party which now follow them would have all left them and so another Faction would have risen in the Church of Semi-Conformists and all those that are without the Church would have continued as now they are under other Teachers only more insolent and more turbulent and so instead of uniting us against the Papists and Popery which is the pretended cause of the Act we should have been more divided and Animated against each other then now we are It was one of the Rules prescribed by that Bill That no person should be admitted to take the Declaration who refused the Oaths of Allegiance and Supremacy when tendred unto him Now this would have left all the Quakers Anabaptists and several other Sects in the same state of Persecution as they call it as they now are and great Numbers of the Other Sects too when they had considered of it would have Scrupled it as well as they in Scotland have done and so those that were totally Excluded would have been enraged against those that had been tolerated as having betrayed them first and then left them to the Severity of the Law and by that time all these Parties viz. the Rigid Conformists 2. Semi-Conformists 3. Tolerated and Non-Tolerated Protestants all enraged against each other had for some time been fermented by the Jesuits and Popish Party a man may guess what kind of Vnion there would have been amongst Protestants in England And when they had gained all this what Security could have been given that they would have rested here that Act which one Parliament makes another may Repeal and they would never have been Secure of Keeping what they had gained but by taking care to fill the House of Commons in every Parliament with the most Factious men they could pick out and they could never have maintained their reputation with the Party but by pushing things forward and so every Sessions something more must have been granted for the better Security of the Union and removing of Fears and Jealousies till at last we had been brought to the same state of Confusion his Majesty found us in at his Return That a considerable number of these Dissenters are as much against Monarchy as Conformity is Apparent by their Books discourses and former practice Now what Security should his Majesty have had that when this Party had by impunity and time been strong enough to have dealt with the Loyal Party they would not have endeavoured to be dispensed with from obeying him or any other King but Christ Jesus and then Nothing could have united Protestants and Secured us against Popery but the Laying aside the Kingly Government and the Setting up a Common-wealth and of this they have already given some Notable hints in their Pamphlets and when they are told the
Exclusion of the Duke of York will onely Secure them once from a Popish Prince and make them that follow more Cautious how they discover themselves too soon and that if any Actual King of England should turn Papist which is as possible and more probable then that another Heir should do it they would then be in the same state as if the Duke Succeeded They constantly reply That it is unreasonable it should be in the power of one man to reduce us to Popery that is It is not reasonable that Kingly Government should be any Longer Continued amongst us From all which I conclude That the project of Uniting Protestants by remitting the Laws against the Dissenters is impossible and that these Consequences being Obvious and Apparent before-hand there could be no other design in the Attempt but the ruine of the Monarchy and the introducing Confusion and War amongst us at least these would certainly have followed So that the day a Toleration or which is all one an Vnion amongst Protestants upon the terms propounded is settled the Monarchy must be made Absolute or it will not Stand And Provision must be made to maintain a Standing Army bigg enough eo Keep all Parties Quiet how much soever they are averse to it or our Peace at home will not be Maintained And as to all Foreign affairs England must look on and suffer all things to go as they will for Neither King nor Common-Wealth will be in a Condition to do any thing abroad in that unsettled state things will be at home and by that time England comes to settle France if God interpose not by Miracles will have brought under So many of its Neighbours that England will be able to make no effectual resistance if it should be attacked by that Potent Kingdom Conclusion My dearest Countrymen I humbly begg you would be pleased to reflect Seriously upon this in time if it be not Now too late and Unite heartily with His Majesty our most Gracious and Sweet-Natured Soveraign and the Religion Established and not suffer your selves to be led by pretended Fears into real and unavoidable Slavery and Consusion attended with all the Miseries of War and which as much as Man can foresee must end in Popery and a French Conquest of us I have laid the Matter plainly before you not Knowing what may follow as to my Self but this I am sure of that Advantage I can have none by it I am a private person and I Expect so to live and die I have no aim at any Publick Imployment or Place of Trust nor any means to attain it if I had I am Contented with the State God hath Set me In. And the Utmost I wish for is to Leave things to my Posterity as they ought Now to be if the Laws had their due Effects and therefore I am compelled by Nothing but my Zealous affection for my Country which next God and my own Soul I love above all things to run the hazard of giving you this Advice and thereby drawing upon me the Malice and Revenge of all those that seek to Ruine and Enslave You. As to those Gentlemen of the House of Commons who may possibly take offence at What I have written for all I am sure will not I desire they would in cool blood Consider what they have done and then let them think of Me what they please For if ever Faction Anger and ill designs were entertained by so great a Body of Men as the Major part of this House was it is Apparent they were here And I will instance in but a few Particulars tho I might in more Can any mortal man produce either Precedent or Law to Justifie the Imprisonment of the Gentlemen called the Abhorrers Have the meanest people of England a right to Petition the King against his Express Command in a thing of which he is the Sole Judge by all our Laws and that by Multitudes of Hands procured by men that have no authority for that purpose and may not Grand-Juries Justices of the Peace and other such like persons oppose them or which is less disown it But suppose they did more than they ought was it fit to imprison them before they were allowed to defend themselves Gentlemen it served your turn now but it may one day be turn'd against you and then consider how you will take it The Corporations do Now most of them send Gentlemen but they may when they please lay You by and send Mechanicks Trades-men Shop-Keepers How would your high spirits brook it to be sent for in Custody and made to Kneel without being Suffered to Speak and onely for doing your duties to such men and so be sent home again I am sure no English Gentleman can brook this indignity but with such inward Resentments as befit the Generosity and Temper of that Nation or otherwise I must think we are prepared for Slavery and all that Manly Courage that hath made our People Renowned in all Countries in the World is degenerated into the Most Shameful Effeminacy and Cowardise Onely in this case Religion and Loyalty made them yield even to Injustice and Oppression As long as his Sacred Majesty thought fit to Suffer it they Submitted but with such Thoughts as would have taught you more Justice and Moderation if this had not been in the case Your styling all those Gentlemen that had been brought in to the Commission of the Peace in the room of some others displaced MEN of Arbitrary Principles and Countenancers of Papists and Popery and if you could have invented more Odious Names and Words than these you might with as much truth and ingenuity have bestowed them upon them Was it fairly done or was it not Is it one of the Priviledges of your House to Vote Me a Jew or a Turk or that I was one of those men that occasioned the Breach betwixt Charles the First and his Parliament If it be then I will say no more but that I begg your Pardon and Kneel down at the Bar of a House of Commons with the same Submission as if I believed the Speaker Infallible and every Member an Angel But if your Votes ought to be not only Consonant to Law but agreeable to the truth of things then that Passage was hastily and passionately written and not well Considered and care ought to be taken for the future to Write more Cautiously and Speak and Vote like Men that had a little respect to your Places Your Votes of the 7th of January 1680. concerning his Majesties Revenues and borrowing of Money upon them are they justifiable or no may I not lend the King 100 l. if I please without your leave and not incur the danger of being reputed an Enemy to the Sitting of Parliaments Suppose the French should Land in England or Ireland or the Papists or Dissenters rise and the King Want Money to suppress the one or drive out the other must we hazard his and our Ruine rather
Address should be made to his Majesty by such Members of their House as were of his Majesties Privy Counsel to desire his Majesty to Command the Lord Chancellor to put him out of the Commission of the Peace Because it seems his Imprisonment was not punishment enough for so great an offence as this Exact Coll. of the most considerable debates c. p. 337. And the Writing several other books to revive the memory of 1641. as one of the Members expressed it in the following Parliament when it seems they meant to have another fling at him for though his Majesty can pardon and forgive there are that cannot But I believe they have got no great matter by this Nor was the Doctor turn'd out of the Commission for all their Address his Majesty knowing this would not suit his Interest On Saturday the Lords sent down a Bill entituled May 3. An Act for freeing the City of London and parts adjacent from Popish Inhabitants and providing against other dangers which may arise from Papists And in the Afternoon May 5. an Account that the Earl of Danby would insist upon his Pardon and that he desired his Council might be heard to the Validity of it On Monday His Majesty sent this message to the Commons by the Lord Russell His Majesty hath commanded me to let the House know that his Majesty is willing to comply with the request made to him by the House concerning Pickering and that the Law shall pass upon him accordingly and as to the Condemned Priests the House of Peers have sent for them in order as his Majesty conceives to some Examinations and further to acquaint you that he repeateth his instances to you to think of putting the Fleet in such a posture as may quiet mens fears and at least secure us from any sudden attempt which his Majesty doubts not but you will do And though the streights and difficulties he lyeth under are very great he doth not intend during this Sessions to press for any other Supply being willing rather to suffer the Burdens that are upon him some time longer than to interrupt you whilst you are imployed about the discovery of the Plot the Tryal of the Lords and the Bill for securing our Religion The same day the Commons went up to the Bar of the Lords house to demand Judgment against the Earl of Danby upon the Illegality of his pardon May the 6. On Tuesday John Wilson and Roger Bockwith Esquires two Justices of the Peace of the County of York were sent for in Custody for saying that this Parliament was no Parliament and they would justify it Of which more hereafter May 22. A Message was sent to the Lords by the Commons that the House was ready to make good the Impeachments against the five Popish Lords in the Tower and the Committee of Secrecy belonging to the Commons was appointed to manage the evidence against them at their Tryals Wednesday The 7. of May the Lords sent down a Message that they had appointed Saturday to hear the Earl of Danby's Plea for the Validity of his Pardon that they had Addressed to the King for the naming a Lord High Steward at his Tryal and that of the Popish Lords which was appointed by their Lordships to be that day seven-night On Thursday The 8. of May. the Commons agreed an Address to his Majesty against John Duke of Lauderdale upon general pretences of fears and jealousies desiring he might be removed from his Majesties Counsels in England and Scotland putting his Majesty in mind of the Address of the last Parliament to that purpose and resolved they would attend his Majesty in a body The Commons desired a Conference with the Lords to state before hand the manner of proceedings in the Tryal of the Earl of Danby and of the five Popish Lords and took exceptions to their motion for a Lord High Steward On Friday his Majesty sent for the Commons and passed the Bill for Disbanding the Army and such other Bills as were ready which was wisely done for by this surprize other debates were prevented which might have prov'd of dangerous consequence After this they appointed a Committee to inspect the Journalls and search Presidents touching the carrying up of Bills and what previous intimation ought to be given to them of his Majesties intention to pass Bills and from and by whom such notice hath usually been given and whether the House may debate after the message delivered by the Black Rod for attendance of the House upon his Majesty It would have been very unhappy if by reason of these Debates the Forces then on foot should have continued undisbanded By all which as much as is possible to conjecture it would have been very unhappy if by reason of these Debates the Forces then on foot should have continued undisbanded to the great damage of the King and Kingdom notwithstanding the common clamour against them if his Majesty had not thus prevented it The same day the Commons passed this Vote that no Commoner whatsoever should presume to maintain the Validity of the pardon pleaded by the E. of Danby without the leave of their house first had and that the persons so doing should be accounted betrayers of the Liberties of the Commons of England and Ordered this Vote to be posted up at Westminster-hall Gate Serjeants-Innes and Innes of Court His Lordships Friends called this a depriving him of all counsel to defend himself but what was appointed by his Enemies and Accusers in a matter of Law insisting upon the Rules of proceedings in all other Courts and the ordinary methods of Common and Natural equity and right it seeming hard to ruine a man if not some diffidence of the case to deny him those Priviledges the meanest and worst of Rogues have which is to choose such Councel as the Court before whom they are to be tryed will allow the Kings Councel excepted And when the humour was stirr'd they voted that the Answer delivered by the Lords that day at the Last Conference about the manner of trying the Peers whereby their Lordships had not consented to a Committee of the Houses because they did not think it Conformable to the Rules and Orders of their Court of which they said they had reason to be tender in matters relating to their Judicature tended to the Interruption of the good correspondency between the two Houses May 10. The first thing the Commons did on Saturday morning was the Reading of an Address to the King for the raising of the Militia of London Westminster the Tower Hamlets and Counties of Middlesex and Surrey for the security of his Majesties Person at the Tryal of the Popish Lords by reason of the Great Resort of the Jesuits Popish Priests and other Popish Recusants at that time in contempt of his Majesties Laws and Royal Proclamation to which they desired the Concurrence of the Lords to which they unanimously agreed The E. of