Mr. H. Sidney, sir, I would beg leave to observe to you, because I think it may be necessary to be considered by your committee what an opinion was giving not long since by some of these Judges about Printing; which was, that printing of news might be prohibited by law; and accordingly a Proclamation issued out. I will not take on me to censure the opinion as illegal, but leave it to your farther consideration. But I remember there was a consultation held by the Judges a little before; and they gave their opinion, that they knew not of any way to prevent printing by law; because the act for that purpose was expired. Upon which, some Judges were put out, and new ones put in; and then this other opinion was given. These things are worthy of a serious examination. For if Treasurers may raise money by shutting up the Exchequer, borrowing of the bankers, or retrenchments; and the judges make new laws by an ill construction, or an ill execution of old ones: I conclude, that parliaments will soon be found useless; and the liberty of the people an inconvenience to the government. And therefore, I think, sir, you have been well moved to endeavour to pass your censure on some of these illegal proceedings by a vote.

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Mr. Powle. Sir, in the front of Magna Charta it is said, nulli negabimus, nulli differemus justitiam;' we will defer, or deny justice to no man to this the king is sworn, and with this the Judges are entrusted by their oaths. I admire what they can say for themselves; if they have not read this law, they are not fit to sit upon the bench: and if they have, I had almost said, they deserve to lose their heads. The state of this poor nation is to be deplored, that in almost all ages, the Judges, who ought to be preservers of the laws, have endeavoured to destroy them: and that to please a CourtFaction, they have by treachery attempted to break the bonds asunder of Magna Charta, the great treasury of our peace. It was no sooner passed, but a chief justice (Hubert de Burg) in that day, persuades the king he was not bound by it; because he was under age when it was passed. But this sort of insolence the next parliament resented, to the ruin of the pernicious Chief Justice. In the time of Rd. ii. an unthinking dissolute prince, there were Judges that did insinuate into the king, that the parliament were only his creatures, and depended on his will, and not on the fundamental constitutions of the land: which treacherous advice proved the ruin of the king, and for which all those evil instruments were brought to justice. In his late majesty's time, his misfortunes were occasioned chiefly by corruptions of the long robe; his Judges, by an extra-judicial opinion, gave the king power to raise Money, upon any extraordinary occasion, without parliament; and made the king judge of such occasions: charity prompts me to think they thought this a service to the king; but the sad consequences of it may convince all mankind, that every illegal act weakens the royal interest; and to endeavour

to introduce absolute dominion in these realms, is the worst of treasons: because whilst it bears the face of friendship to the king, and designs to be for his service, it never fails of the contrary effect.-The two great pillars of the government, are Parliaments and Juries; it is this gives us the title of free-born Englishmen for my notion of free Englishmen is this, that they are ruled by laws of their own mak ing, and tried by men of the same condition with themselves. The two great and undoubted privileges of the people, have been lately invaded by the Judges that now sit in Westminster-Hall; they have espoused Proclamations against law; they have discountenanced and opposed several legal acts, that tended to the sitting of this house; they have grasped the legislative power into their own hands, as in that instance of printing; the parliament was considering that matter, but they in the interim made their private opinion to be law, to supersede the judgment of this house. They have discharged Grand-Juries, on purpose to quell their presentments, and shelter great criminals from justice; and when juries have presented their opinion for the sitting of this parliament, they have in disdain thrown them at their feet, and told them they would be no messengers to carry such Petitions; and yet in a few days after, have encouraged all that would spit their venom against the government: they have served an ignorant and arbitrary faction, and been the messengers of Abhorrences to the king.-What we have now to do, is to load them with shame, who bid defiance to the law: they are guilty of crimes against nature, against the king, against their knowledge, and against posterity. The whole frame of nature doth loudly and daily petition to God their Creator; and kings, like God, may be addressed to in like manner, by petition, not command. They likewise knew it was lawful to petition: ignorance can be no plea, and their knowledge aggravates their crimes; the children unborn are bound to curse such proceedings, for it was not Petitioning, but parliaments they abhorred. atheist pleads against a God, not that he disbelieves a deity, but would have it so. Tresilian and Belknap were. Judges too; their learning gave them honour, but their villainies made their exit by a rope. The end of my motion therefore is, that we may address warmly to our prince against them: let us settle a Committee to enquire into their crimes, and not fail of doing justice upon them that have perverted it; let us purge the fountain, and the streams will issue pure.

The

Resolved, 1. "That the discharging of a Grand Jury by any Judge, before the end of the Term, Assizes, or Sessions, while matters are under their consideration, and not presented, is arbitrary, illegal, destructive to public justice, a manifest violation of his Oath, and is a means to subvert the fundamental laws of this kingdom. 2. That a Committee be appointed to examine the Proceedings of

six witnesses, by the Declarations of both houses, by Coleman's Letters, by the Trial and conviction of other traitors, that there was a general design amongst the Papists, to introduce their religion, by raising of armies, murdering the king, and subverting the government. And as to his lordship's particular case, they had three witnesses, which sufficiently proved him guilty; and so expatiated upon the danger of Popish principles,' &c. Sir William Jones exerted his skill and eloquence in a long speech, as much to prove the reality of the Plot, as the guilt of the prisoner; and thus especially argued: So that I think now none remain that do prétend not to believe it, but two sorts of persons; the one, those that were conspirators in it; and the other, those that wished it had succeeded, and do desire it may so still.' And by way of conclusion he said, 'The Evidence is so strong that I think it admits of no doubt; and the offences proved against my lord and the rest of his party are so foul, that they need no aggravation. The offences are against the king, against his sacred life, against the Protestant religion, nay against all Protestants. It is a design that appears with so dreadful a countenance to your lordships, to this great assembly, and to the whole nation, that it needs not any words I can use to make yon apprehend. His lordship made two several pathetic speeches, besides his Answers to the witnesses, and in conclusion declared, in the presence of God, of his Angels, of their lordships, and all who heard him, that he was intirely innocent of what was laid to his charge; that he left it to their lordships to do justice, and with all submission resigned himself to them.

Dec. 6. The lords, by Message, acquainted the house, that they had appointed the next day to give judgment on lord Stafford; on which the house resolved nem. con. "That this house will then go, together with their Speaker, to the bar of the house of lords, to demand Judgment against the said lord."

Dec. 7. The commons resolved, “That the Managers of the Impeachment against the lord Stafford be empowered, in case the lords should, immediately after the fact found, proceed to Judgment, to insist upon it, that it is not parliamentary for their lordships to give judgment, until it be first demanded by this house."-Mr. Speaker then left the chair, and the committee of the commons were present at the court in Westminster-hall, when the peers found the said lord Guilty of High Treason. When the Lord Chancellor, now Lord High Steward, collecting the Votes, which were 55 guilty, 31 not guilty; the said High Steward pronounced lord Stafford guilty of High Treason, who replied, 'God's holy name be praised!' And then being asked, what he could say for himself, why Judgment of Death should not pass upon him, according to law? he added, My lord, I have very little to say; I confess am surprized at it, for I did not expect it. But God's will be done; I will not murmur at it.

God forgive those who have falsely sworn against me!'

After which, the commons, with Mr. Speaker and the mace, went up to the bar of the house of lords, and, by Mr. Speaker, in the name of the commons in parliament, and of all the commons of England, demanded Judgment of High Treason.-The house then returned, and the lords by Message signified, that they were going presently to give the said Judgment.

The managing committee then went into Westminster-hall, and were present when the lords gave Judgment, &c.-At which time, the Lord High Steward made the following Speech, "That which remains now to be done, is very sad on my part; I have never given Sentence on any man, and I am very sorry I must begin with your lordship, a person of your quality and fortune, descended of noble ancestors, a great sufferer in the late times, obliged to the government for the moderation you had in the exercise of your religion; obliged to the king's father, and so much to this king: yet you have gone about not only to consult his death, but even the destroying of three whole nations, both of body and soul, as far as in you lay; of which you stand impeached by the commons, and have been found Guilty by the lords. There have been many and great conspiracies against the life of the king for the destroying of the government; and they have been carried on by consults, letters, and otherways; by the burning of London, and the death of sir E. Godfrey, the Plot hath been carried on abroad, at White-hall, and London, and your ldp, bath been concerned in them all, with a mixture of malice: You have called the king 'heretic,' and said,' he was an enemy to God Almighty;" here the proverb is verified, Curse not the king, though in the inward chamber, for the birds of the air will reveal it.' It hath pleased God to leave you to yourself, and you have digged a pit, and fallen into it yourself. God never leaves any man until they leave themselves; think not still well of your religion, and let not blind guides mislead you; true repentance is never too late, and be not persuaded not to confess that sin in public, which you possibly have been absolved of in private: for whatsoever value you set on the prayers of them you call Heretics, yet I am sure, that both they that cleared you, and those that condemned you, are sorry for your condition. I will pray for your Idp.; and this is the last time I must call you my lord." And so he pronounced Sentence of Death against him, according to the usual form in case of High Treason.*

Many writers, and in particular Mr. Worth and sir John Reresby, are of opinion, that this nobleman was selected by the commons to bear the sins of the whole five, on the presumption that he was least capable of defending himself, and that his very spirits, as well as his parts, would fail him, under the weight of such a prosecution. He was old and infirm,

at arms.

Dec. 15. Sir Rob. Peyton appeared at the bar upon his knees, to receive the Sentence of Expulsion.

The Speaker. Sir Robert Peyton: It is a long time that you have had reputation in the world, and that you have served as knight of the shire for the county of Middlesex. Two parliaments, the last and this, your county made a free election of you; your county had a great opinion of you; and now you are in that condition, that you have appeared to the world the man you really were not, You have made a show, and have acted a part against Popery and arbitrary power, yet really and inwardly you have sought your own advantage, and not that of your country. It is manifest, by the report from the committee, and your own defence makes it clear. Many gentlemen here, whose eyes are in their heads, their tongues and eyes have moved as well as yours. You have sat betwixt the Devil and the Witch, Mr. Gadbury and Mrs. Cellier. The dark ways you have taken show your ill designs; your company and conductors show your errand. You are fallen from being an angel to be a devil. From the beginning, you sought your own interest. To set up a common-wealth, you had 20,000 men' to inake your interest the stronger. You were bustling, like the wind, in this house, and in coffee-houses. Your county chose you to this place, not only for your interest, but for an example to other men, not with noise and thundering, but to behave yourself without vanity or ostentation. You are one of them that have played your own game and part; and that all men may take notice, you are a warning for all other members, and I hope there are none such. It shows that this parliament nauseates such members as you are. You are no longer a part of this noble body. How you will reconcile yourself to your country, is another consideration. You

had been under confinement for above ten years; was timorous by nature; had the popular tide against him; had the ablest and most zealous members of the house of commons for his prosecutors; a large and considerable body of his judges, the peers, were on the same side; and his najesty, though he pitied the victim, had not resolution enough to prevent the sacrifice." Ralph.

VOL. IV.

The King's Speech to both Houses on Alliances, and the State of Christendom.] This day his majesty made the following Speech to both | houses:

"My lords and gentlemen; At the opening of this parliament I did acquaint you with the Alliances I had made with Spain and Holland, as the best measures that could be taken for the safety of England, and the repose of christendon. But I told you withal, that if your friendship became unsafe to trust to, it would not be wondered at, if our neighbours should begin to take new resolutions, and perhaps such as might be fatal to us. I must now tell you, that our allies cannot but see how little has been done since this meeting, to encourage their dependance upon us. And I find by them that unless we can be so united at home, as to make our Alliance valuable to them, it will not be possible to hinder them from seeking some other refuge; and making such new friendships as will not be consistent with our safety. Consider that a neglect of this opportunity is never to be repaired.-I did likewise lay the matter plainly before you, touching the estate and condition of Tangier. I must now tell you again, that, if that place be thought worth the keeping, you must take such consideration of it, that it may be speedily supplied; it being impossible for ine to preserve it, at an expence so far above my power.-I did 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. 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."

Resolved, "That this house will on Saturday next take into consideration his majesty's most gracious Speech."

Debate on Popery.] The house then resolv

* Grey. "The Speaker performed his of fice in such coarse terms, and thereby so highly exasperated him, that the session was no sooner over, than he challenged him; but, instead of answering it, Mr. Williams, with more propriety than gallantry, made his complaint to the privy-council, and Sir Robert was, in consequence thereof, again committed to the Tower." Ralph.

Sir Robert took care to have the most offensive part of this Speech printed, under the following Title," A Specimen of the rhetoric, candour, gravity, and ingenuity, of William Williams, Speaker to the late house of commons, at Westminster, in his Speech to sir Robert Peyton, when he expelled him that house."

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