traiterously endeavoured to subvert the ancient and well-established Form of Government in this kingdom; and instead thereof to introduce an arbitrary and tyrannical way of government. And the better to effect this his purpose, he did design the Raising of an Army, upon pretence of a War against the French king; and then to continue the same as a Stand March, to stipulate peace with the French. And is this matter of recrimination by Montagu, as is said? You give money for an actual war, and the Treasurer stipulates for a peace, and the ministers make peace. The Papists would have a dissolution of the parliament, and these men make it useless. I know very little difference in it. King John's ministers made him a pensioner to the Pope, and it is as greating Army within this kingdom: and an ariny a crime to make our king pensioner to the French king. I am therefore for impeaching the Treasurer. being so raised, and no war ensuing, an act of parliament having passed to pay off and disband the same, and a great sum of money beThe question being put, "That there is ing granted for that end, he did continue this matter sufficient in these Letters, &c. to im- army contrary to the said act, and misemployed peach Thomas earl of Danby;" the previous the said money given for disbanding, to the question was put and carried, 179 to 116. The continuance thereof; and issued out of his mamain question was then carried in the affirma-jesty's revenue divers great sums of money for tive, and a committee was appointed to prepare and draw up Articles of Impeachment.* Resolved, "That Mr. Speaker shall not, at any time, adjourn the house, without a question first put if it be insisted upon. And that this be entered in the Journals as a Standing Order of the house." Articles of Impeachment against the Earl of Danby.] Dec. 21. Mr. Williams reported the Articles of Impeachments against the Lord Treasurer Danby, as followeth : Articles of Impeachment of High Treason, and other High Crimes, Misdemeanors, and Offences, against Thomas earl of Danby, Lord High-Treasurer of England. I." That he bath traiterously encroached to himself regal power, by treating in matters of Peace and War with foreign princes and ambassadors, and giving Instructions to his majesty's ambassadors abroad, without communicating the same to the secretaries of state, and the rest of his majesty's Council; and against the express declaration of his majesty and his parliament; thereby intending to defeat and overthrow the provisions which had been deliberately made by his maj, and his parliament, for the safety and preservation of his majesty's kingdoms and dominions.-II. That he hath the said purpose; and wilfully neglected to take security from the paymaster of the Army, as the said act required; whereby the said law is eluded, and the army is yet continued, to the great danger and unnecessary charge of his maj. and the whole kingdom.-III. That be, traiterously intending and designing to alienate the hearts and affections of his majesty's good subjects from his royal person and government, and to hinder the Meeting of Parliaments, and to deprive his sacred maj. of their safe and wholesome councils, and thereby to alter the constitution of the government of this kingdom, did propose and negotiate a Peace for the French king, upon terms disadvantageous to the interest of his maj. and his kingdoms: for the doing whereof he did endeavour to procure a great sum of money from the French king, for enabling of him to carry on and maintain his said traiterous designs and purposes to the hazard of his majesty's person and government.-IV. That he is popishly affected; and bath traiterously concealed, after he had notice, the late horrid and bloody Plot and Conspiracy contrived by the Papists against his majesty's person and government; and hath suppressed the evidence, and reproachfully discountenanced the king's witnesses in the discovery of it, in favour of popery; immediately tending to the destruction of the king's sacred person, and the subversion of the Protestant religion.-V.. That he hath wasted the king's Treasure by issuing out of his majesty's Exchequer, and several branches of his reve "The next day the Lord Treasurer sent Mr. Montagu's Letters of the 11th and 18th of Jan. likewise before quoted; the first giving notice of young Rouvigny's Journey to England, and his practices among the malcontents: and the last, among other things, mentioning old Rou-nue, for unnecessary Pensions and Secret Servigny's maxim, That they (the French) must first diminish the Lord Treasurer's credit, before they could do any good in England. These Letters, his lordship himself affirms, the house of commons would not permit to be read: but John Reresby affirms the contrary, in his Memoirs, as doth also one of his lordship's own Apologists; and even the Journals of the House of commons. But if they were read, they had no weight: Mr. Montagu had all the favour usually shewn to those who impeach their accomplices, and was thought to act so meritoriously in the discovery, that no body cared to reflect that he himself was the chief promoter of the guilt." Ralph. vices, to the value of 231,6027. within two years: and that he hath wholly diverted, out of the known method and government of the Exchequer, one whole branch of his majesty's Revenue to private uses, without any account to be made of it to his majesty in the exchequer, contrary to the express act of parliament which granted the same: and he hath removed two of his majesty's commissioners of that part of the revenue, for refusing to consent to such his unwarrantable actings therein, and to advance money upon that branch of the revenue, for private uses.-VI. That he hath by indirect means procured from his majesty for himself, divers considerable Gifts and Grants of inheritance of the ancient Revenue of the crown, even contrary to acts of parliament." On reading the first Article a second time, the question was put, that the Articles be committed, which passed in the negative, Yeas 137, Noes 179. The house divided next on a motion for Candles, which passed in the affirmative, Yeas 165, Noes 115. The house again divided on a motion to leave out the word traitorously' in the first Article, which passed in the negative, Noes 179, Yeas 141. On a Resolution that lord Danby should be impeached on the above-recited Articles, a motion was made to adjourn, but over-ruled, Yeas 142, Noes 170. The last division during this grand debate, was on a motion whether the said lord should be impeached, on the 4th Article, and it was carried in the affirmative, Yeas 143, Noes 119 *. The Earl of Danby's vindicating Speech in the House of Lords.] Dec. 23. The commons carried up the Impeachment to the lords. Upon the reading of which, a motion being made for his lordship to withdraw, it was overruled by a majority of 20; after which, his lordship rose up and made a formal Speech in his own vindication, in substance as follows: whoever is in that station which I hold, must certainly be a fool, to desire any thing which creates a want of Money, especially so great a one, as the Charge of an Army must necessarily and immediately produce. And so for one part of the Article concerning the Pay-Master of the Army, it is in fact otherwise; for security from the pay-master has been taken in the sum of 400,000l. The 3d, is of the same nature with the first, and comes from the same foundation, which is, what a gentleman hath thought fit to produce to the house of commons. I will not now censure his actions, I think it will do enough for itself; I will only say, that though I take it for one of the greatest misfortunes which can befal a man, to lie under such a Charge of the house of commons, yet I would much sooner chuse to be under that unhappiness, than under his circumstances. The 4th Article is not only false in every part of it, but it is not possible to believe it true, without my being the greatest fool on earth, as well as the blackest villain. For were I capable of such wickedness, yet the more wicked any man is, the more he is carried to his own interest; and is it possible any thing under heaven can agree less with my interest, than "My Lords; I know this is not the time the destruction of this king? Can I possibly for me to enter regularly upon my Defence, hope to be better than I am? And is it not because I know your lordships will first order apparent, that there is not one man living, me a copy of my Charge, and appoint me a whose happiness depends so much as mine time for my vindication; when I doubt not to upon the preservation of his person? My do it to the full satisfaction of your lordships, lords, I know there is not one man in the and all the world. In the mean time I will world, that can in his heart think me guilty of only beg leave to observe to your lordships, that part of the Article, if I should say nothing that those Articles in this Charge which seem to it. But, besides, I was so far from concealto have any thing of Treason in them, have ing this hellish Plot, that it is notoriously their Answer so obvious, that there is very lit- known, his majesty sent me the first notice of tle in them, which may not be answered by it, together with 43 Heads of the Information, many others, as well as myself, and some of before I knew a syllable of it from any body them by every man in the kingdom. The 1st, else: and it hath been owned at the bar of the which is the assuming of Regal Power, I con- house of commons by him, from whom only I fess, I do not understand; having never in my had the intelligence, That he had all the enlife done any thing of great moment, either at couragement and dispatch from me, that I home, or relating to foreign matters, for which could give him.' Besides, when it was disclos I have not always had his majesty's command. ed to the Council board, he told some of the And though I am far from having been the clerks of the council, as he had done me divers most cautious man in taking care of my own times before, That it would have been security, (which perhaps my great innocence much better, and more would have been discohath been the cause of,) yet I have not been vered, if it had been longer kept private.' Beso wanting of common prudence, as in the sides this, I had the fortune to be particularly most material things not to have had his ma-instrumental in seizing Mr. Coleman's Papers, jesty's orders and directions under his own hand, and particularly for the letters now made use of against me. The 2d, I think, does scarce need my giving any Answer to; it being obvious, that the Army was no more raised by me, than by every lord in this house: and * While this last question was under dispute, a younger son of the earl's, who had a seat in the house, joined issue with the persecutors of his father, and made it his request, that this part of the Charge might be permitted to stand: that, from thence it might appear with what sort of zeal the whole affair had been conduct ed. See the Earl's Defence, p. 1071. without which care, there had not one of them appeared; and consequently, the best and most material evidence which is yet of the Plot, had been wholly wanting. And certainly this is the first time that any man was accused to be the concealer of that Plot, whereof he hath been the principal means of procuring the discovery. For that part of the Article that says, I am 'popishly affected,' I thank God, that the contrary is so well known to all the world, that even some of those that voted against me, did own their knowledge of the falsity of that allegation; and I hope I have, through my whole life, given so good testimony of my religion, both in my own fa mily, and by my services to the Church, when- | deed it is, no man could vindicate me more ever it hath laid in my power, that I shall not than himself; under whose hand I have to need much vindication in that particular: shew, how great an enemy to France Lam and I hope your lordships will forgive me my thought; how much I might have been otherweakness, in telling you, that I have a younger wise; and what he himself might have had for son in the house of commons, whom I shall getting me to take it.' But I do not wonder love the better as long as I live, for mov- this gentleman will do me no right, when he ing to have that part of the Article to stand does not think fit to do it to his majesty, upon against me, That by that pattern it might whom chiefly this matter doth reflect: Though appear, with what sort of zeal the whole he knows, as will appear under his band,‘That hath been carried on to my prejudice.'- the greatest invitations to his majesty for havThe fifth Article will, upon examination, ap- ing money from France, have been made by pear to be as ill gounded as any of the rest; himself; that, if his majesty would have been and I am sorry I am able to give one reason; tempted for money, he might have sold towns which is, That I have known no treasure in for as much as if they had been his own, and my time to waste, having entered upon an the money have been conveyed as privately as empty Treasury, and never seen one farthing he pleased; that his majesty might have made given to his majesty, in almost six years, Matches with France, if he would have couthat hath not been appropriated to parti- sented to have given them towns;' and yet, that cular uses, and strictly so applied by me, as the king hath always scorned to yield the the acts have directed. And there hath not meanest village, that was not agreed to by the been one of those Aids, which, instead of giv- Spaniard and Hollander. That gentleman hath ing the king money, hath not cost him more often pretended how much his own interest out of his own purse to the same uses, as doth in France was diminished, only by being appear by the larger dimensions of the new thought my friend.' And, besides divers other ships, and so in other things: Inso:much, that instances, I have under his hand to shew the I take upon me the vanity to say, that, by the malice of the French court against me, I sent payments I have made to the navy and seamen two of his Letters to the house of commons, beyond former times; the paying off the greatest which shew how M. Rouvigny was sent hither part of the debt which was stopped in the Ex- on purpose to ruin me; which, I am well aschequer before my time, by my punctuality insured, at this time, they would rather see, than the course of payments, and by other things of any one man in England. Besides what which I am able to shew, I doubt not to appear that gentleman could say of this kind, if he meritorious, instead of being criminal upon pleased, I hope his majesty will give me leave, that Article.-As to the 6th Article, which in my defence, to say in his presence, and in mentions my great gettings,' I cannot deny the hearing of divers lords, with whom I have but that I serve a master, whose goodness and the honour to sit in the committee of foreign bounty hath been a great deal more to me than Affairs, that which, were it not true, his maI have deserved, and to whom I can never pay jesty must think me the impudentest and gratitude enough by all the services of my life. worst of men, to affirm before him, That, ever But when the particulars of those gettings shall since I had the honour to serve his majesty, to appear, it will be found very contrary to what this day, I have delivered it as my constant is suggested abroad; and that, in near six years opinion, That France was the worst interest time in this great place, I have not got half his majesty could embrace; and that they that, which many others have got in lesser were the nation in the world from whom, I did places in half that time. And from the exa- believe, he ought to apprehend the greatest mination of this, which I desire may be seen, danger; and who have both his person and there will arise matter to accuse my prudence, government under the last degree of contempt. in not having done for my family what justly I For which reason alone, were there no other, might; but nothing to arraign my honour, my I would never advise his majesty to trust to conscience, or my faithful service to the crown. their friendship.-" -My Lords, If my obedience to the king shall not be my crime, I think nothing else will stick upon me from these Articles: for my own heart Batters me to believe, that I have done nothing but as a Protestant, and a faithful servant, both to my king and country. Nay, I am as confident, as that now I speak, that, had I been either a Papist, or friend to the French, I had not been now accused. For I have reason to believe, that the principal informer of the house of commons bath been assisted by the French advice to this accusation; and if that gentleman were as just to produce all he knows for me, as he hath been malicious to shew what may be liable to misconstruction against me, or rather against the king, as in The Lords debate Whether the Impeachment should be received as an Impeachment of High Treason?] When the earl had ended his Speech, a great debate arose, on the question, Whether the Impeachment should be received as an Impeachment of High Treason only, because the commons had added the word High Treason in it? It was said, the utmost that could be made of it, was to suppose it true. But even in that case, they must needs say plainly, that it was not within the Statute. To this it was answered, That the house of commons that brought up the Impeachment, were to be heard to two points, viz. to the nature of the crime; and the trial of it. But the lords could not take upon them to judge of either of these, till they heard what the commons could offer to support the Charge: They were bound therefore to receive the Charge, and to proceed according to the rules of parliament, which was to commit the person, so impeached, and then give a short day for his trial. So it would soon be over, if the commons could not prove the matter charged to be High Treason. The Earl of Carnarvon's remarkable Speech thereon.] The debate was carried on with much heat on both sides, and, among the speakers on this occasion, was the earl of Carnarvon, a lord who is said never to have spoken before in that house; who, having been heated with wine, and more excited to display his abilities by the duke of Buckingham, (who meant no favour to the Treasurer, but only ridicule) was resolved, before he went up, to speak upon any subject that should offer itself. Accordingly he stood up, and delivered himself to this effect: : the commons would have complained, that the lords denied them justice. So there was no hope of making up the matter; and upon that the parliament was first prorogued and then dissolved." The King prorogues the Parliament.]. Dec. 30. His majesty, in the house of lords, spoke as follows to both houses: "My lords and gentlemen; It is with great unwillingness that I come this day to tell you, I intend to prorogue you. I think all of you are witnesses that I have been ill used; the particulars of it I intend to acquaint you with at a more convenient time. In the mean time, I do assure you, that I will immediately enter upon the disbanding of the Army, and let all the world see, that there is nothing that I intend but for the good of the kingdom, and for the safety of Religion. I will likewise prosecute this Plot, and find out who are the instruments in it and I shall take all the care which lies in my power, for the security of religion, and the maintenance of it, as it is now established. I have no more to say to you at this time, but leave the rest to my Lord Chancellor to prorogue you*." Then the lord chanceller said, "His majesty hath commanded this parliament to be prorogued to the 4th of Feb. next, and this parlia ment is accordingly prorogued to the 4th of Feb. next." The Long Parliament dissolved.] On the 24th of Jan. 1678-9, the parliament was dissolved by Proclamationt. And in the same My Lords; I understand but little of Latin, but a good deal of English, and not a little of the English history, from which I have learnt the mischiefs of such kind of prosecutions as these, and the ill fate of the prosecutors. I could bring many instances, and those very antient; but, my lords, I shall go no farther back than the latter end of queen Elizabeth's reign at which time the earl of Essex was run down by sir Walter Rawleigh. My lord Bacon, he ran down sir Walter Rawleigh, and your lordships know what became of my lord Bacon. The duke of Buckingham, he ran down my lord Bacon, and your lordships know what happened to the duke of Buckingham. Sir Thomas Wentworth, afterwards earl of Strafford, ran down the duke of Buckingham, and you all know what became of him. Sir Harry Vane, he ran down the earl of Strafford, and | your lordships know what became of sir Harry Vane. Chancellor Hyde, he ran down sir Harry Vane, and your lordships know what became of the chancellor. Sir Thomas Osborne, now earl of Danby, ran down Chancellor Hyde; but what will become of the earlly of Danby, your lordships best can tell. But let me see that man that dare run the earl of Danby down, and we shall soon see what will become of him." This being pronounced with a remarkable humour and tone, the duke of Buckingham, both surprised and disappointed, after his way, cried out, The man is inspired! and claret has done the business.-The majority, however, was against the commitment; upon which it was visible," says Dr. Burnet, "that 66 * "And here I cannot but take notice, that the king observing the lord Stafford to be very violent in the house against the lord Danby, (which, it seems, took birth from a personal pique to him, for obstructing a pension he had from the crown) told me, He wondered at it much, seeing his father came to the unfortunate end he did, by the very self-same method of procedure." Sir John Reresby. VOL. IV. "Immediately after the prorogation, Mr. Secretary Williamson resigned the seals, which were delivered by the king to the earl of Sunderland, though he had given hopes of the place to sir Wm. Temple, then ambassador in Holland, and had called him over for that purpose. But Temple, at his arrival, found the post filled, the earl of Sunderland having paid Williamson 60007. and 500 guineas, which Temple was not able or willing to give. Short after, the king dismissed the earl of Danby, and put the Treasury into commission." Rapin. Sir Wm. Temple, in his Memoirs, contradicts what Rapin asserts: he says, "That the king sent for him over from the Hague, where he was ambassador, to take possession of the office of secretary of state in the room of secretary Coventry; but on his arrival he declined the accepting it, though greatly pressed by the king, representing to his majesty how necessary it was for him to have one of the secretaries in the house of commons, (where it had been usual to have them both) and that consequently it was very unfit for him to enter upon that office before he got into the house, which was attempted, and failed." + "Some think this parliament was dissolved, on purpose to protect the Popish Lords in the Tower, and divert, if possible, the noise of the Popish Plot; or else to cover the duke of York from the resentiment of the commons, and the general indignation of the people." Kennet. 32 proclamation notice was given of his majesty's' firmed, that he was in Staffordshire all the intentions of calling another parliament to meet the 6th of March following. PRINCIPAL OCCURRENCES AFTER THE DISSOLUTION-TRIAL OF COLEMAN AND IRELAND-NEW ELECTIONS--DUKE OF MONMOUTH-DUKE OF YORK RETIRES TO BRUSSELS.] "Thus caine to a period a parliament," says Mr. Hume," which had sitten during the whole course of this reign, one year excepted. Its conclusion was very different from its commencement. Being elected during the joy and festivity of the restoration, it consisted almost entirely of royalists; who were disposed to support the crown by all the liberality which the habits of that age would permit. Alarmed by the alliance with France, they gradually withdrew their confidence from the king; and finding him still to persevere in a foreign interest, they proceeded to discover symptoms of the most refractory and most jealous disposition. The popish plot pushed them beyond all bounds of moderation; and before their dissolution, they seemed to be treading fast in the footsteps of the last long parliament, on whose conduct they threw at first such violent blame. In all their variations, they had still followed the opinions and prejudices of the nation; and ever seemed to be more governed by humour and party-views than by public interest, and more by public interest than by any corrupt or private influence. During the sitting of the parliament, and after its prorogation and dissolution, the trials of the pretended criminals were carried on; and the courts of judicature, places which, if possible, ought to be kept more pure from injustice than even national assemblies themselves, were strongly infected with the same party-rage and bigoted prejudices. Coleman, the most obnoxious of the conspirators, was first brought to his trial. His letters were produced against him. They contained, as he himself confessed, much indiscretion: but, unless so far as it is illegal to be a zealous catholick, they seemed to prove nothing criminal, much less treasonable, against him. Oates and Bedloe deposed, that he had received a commission, signed by the superior of the Jesuits, to be papal secretary of state, and had consented to the poisoning, shooting, and stabbing of the king he had even, according to Oates's deposition, advanced a guinea to promote those bloody purposes. These wild stories were confounded with the projects contained in his letters; and Coleman received sentence of death. The sentence was soon after executed upon him. He suffered with calmness and constancy, and to the last persisted in the strongest protestations of his innocence. Coleman's execution was succeeded by the trial of father Ireland: who, it is pretended, had signed, together with fifty Jesuits, the great resolution of murdering the king. Grove and Pickering, who had undertaken to shoot him, were tried at the same time. The only witnesses against the prisoners were still Oates and Bedloe. Ireland af : month of August last, a time when Oates's |