Protest thereon.] But before the question was put for engrossing the Bill, the earls of Anglesea and Radnor, and two or three other lords, desired leave to enter their Dissents, for these Reasons; 1st, Because the assertion in the Bill of its being now manifest that the late visc. Stafford died innocent, and that the testimony on which he was convicted was false,' which are the sole grounds and reasons given to support the Bill, were destitute of all proof, warrant, or testimony, or matter of record before us. 2. That the Record of the King's-bench, read at the committee, concerning the conviction, last term, of one of the witnesses for perjury, in collateral points of proof, of no affinity to the lord Stafford's Trial, and given several years before, it is conceived can be no ground to invalidate the testimony upon which the said viscount was convicted, which could never legally be by one witness, and was in fact by the judgment of his peers, on the evidence of at least three. 3. It is conceived the said Judgment in the King'sbench was unprecedented, illegal and unwarranted, and highly derogatory to the honour, judicature and authority of this court, who have power to question and punish perjuries of witnesses before them, and ought not to be imposed upon by the judgments of inferior courts, or their Attainder of a peer invalidated by implication; and the Popish Plot so condemned, pursued and punished by his late majesty and four parliaments, after public solemn devotion through the whole kingdom, by autho rity of Church and State, to be eluded, to the arraignment and scandal of the government; and only for the restoring of the family of one popish lord. And all this, being without any matter judicially appearing before us to induce the same; and the records of the Trial not suffered to be read, for the information of the truth, before the passing of the bill. 4. For many other weighty Reasons offered and given by divers peers in the two days debate of this bill, both at the committee, and in the house."

The next day, the Bill was read a third time, and passed in the house of peers; but the forementioned lords repeated their Protestations against it, and were seconded by the earls of Stamford and Clare, and the lord Eure, because the preamble of it was not amended, and no defect in point of law alledged as a reason for the reversal of the Attainder. But though the said Bill passed the lords, it was dropped by the commons.*

"The only matter in which the king's iews were in any degree thwarted, was the eversal of lord Stafford's attainder, which, havng passed the house of lords, not without oposition, was lost in the house of commons; a trong proof that the Popish plot was still the ubject upon which the opposers of the court ad most credit with the public. Mr. Hume, otwithstanding his just indignation at the conemnation of Stafford, and his general inclinaVOL, IV.

Account of the Duke of Monmouth's landing.] June 13. The earl of Middleton acquainted the commons from his majesty, "That his majesty had this morning received advice, as well by Letter from the mayor of Lyme in Dorsetshire, as by two messengers come from thence, who had been examined upon oath at the Council Table, That the duke of Monmouth, with the late lord Grey, was landed in a hostile manner, with many men and arms; and had seized the port and guns, setting up a standard in the town, and were listing others."* Resolutions thereupon.] And the said Letter being produced, and read to the house; and the said messengers being called in, and testifying the truth of the matter at the bar of the house;

Resolved, nem. con. "That the most humble and hearty Thanks of this house be returned to his majesty, for his gracious Message to this house communicating the landing of the duke of Monmouth; and that this house will stand by and assist his maj. with their Lives and Fortunes against the said James duke of Monmouth, his adherents and correspondents, and all retion to approve of royal politics, most unaccountably justifies the commons in their rejec tion of this bill, upon the principle of its being impolitic at that time to grant so full a justification of the Catholics, and to throw so foul an imputation upon the Protestants. Surely if there be one moral duty that is binding upon men in all times, places, and circumstances, and from which no supposed views of policy can excuse them, it is that of granting a full justification to the innocent; and such Mr. Hume considers the Catholics, and especially lord Stafford, to have been. The only rational way of accounting for this solitary instance of non-compliance on the part of the commons, is either to suppose that they still believed in the reality of the Popish Plot, and Stafford's guilt, or that the church party, which was uppermost, had such an antipathy to Popery, as indeed to every sect, whose tenets differed from theirs, that they deemed every thing lawful against its professors." Fox's JAMES II. p. 161.

*"As soon as lord Argyle sailed for Scotland, the duke of Monmouth set about his design with as much haste as possible, and was hurried into an ill-timed invasion. His whole company, with whom, after a prosperous course, he landed at Lyme in Dorsetshire, (on June 11) consisted but of 82 persons. Many of the country people came in to join him, but very few of the gentry. And he quickly found what it was to be at the head of undisciplined men, that knew nothing of war, and that were not to be used with rigour. His great error was, that he did not, in the first heat, venture on some hardy action, and then march either to Exeter or Bristol, where, as he would have found much wealth, so he would have gained some reputation by it. But he lingered in exercising his men, and stayed too long in the neighbourhood of Lyme." Burnet. 4 S

Resolved, "That a Bill be brought in for Preservation of his majesty's Royal Person and government."

Resolved "That a Bill be brought in for the Attainder of James duke of Monmouth of High Treason."

The Commons' Address to the King.] Mr. Solicitor-general Finch reports from the committee the following Address:

"We your majesty's most loyal subjects, the commons of England, in parliament assembled, do, with all duty, return our most humble and hearty Thanks for your majesty's gracious Message, communicated to us by the earl of Mid

"Further to manifest their servility to the king, as well as their hostility to every principle that could by implication be supposed to be connected with Monmouth or his cause, the house of commons passed a bill for the Preservation of his Majesty's Person, in which, after enacting that a written or verbal declaration of a treasonable intention should be tantamount to a treasonable act, they inserted two remarkable clauses, by one of which, to assert the legitimacy of Monmouth's birth'-by the other, to propose in parliament any alteration in the succession of the crown,' were made likewise high treason. We learn from Burnet, that the first part of this bill was strenuously and warmly debated, and that it was chiefly opposed by serjeant Maynard, whose arguments made some impression even at that time; but whether the serjeant was supported in his opposition, as the word chiefly' would lead us to imagine, or if supported, by whom, that historian does not mention; and unfortunately, neither of Maynard's speech itself, nor indeed of any opposition whatever to the bill, is there any other trace to be found. The crying injustice of the clause, which subjected a man to the pains of treason, merely for delivering his opinion upon a controverted fact, though he should do no act in consequence of such opinion, was not, as far as we are informed, objected to, or at all noticed, unless indeed the speech above alluded to, in which the Speaker is said to have descanted upon the general danger of making words treasonable, be supposed to have been applied to this clause, as well as to the former part of the bill. That the other clause should have passed without opposition, or even observation, must appear still more extraordinary, when we advert, not only to the nature of the clause itself, but to the circumstances of there being actually in the house, no inconsiderable number of members who had, in the former reign, repeatedly voted for the Exclusion Bill.-It is worthy of notice, however, that, while every principle of criminal jurisprudence, and every regard to the fundamental rights of the deliberative assemblies, which make part of the legislature of the na

that ungrateful rebel James duke of Monmouth; and do, with all duty and loyalty, and utter detestation of such rebels and traitors, assure your majesty, that we are, and always shall be, ready to stand by and assist your maj. with our Lives and Fortunes against the said James duke of Monmouth, his adherents and correspondents, and all rebels and traitors; and all others whatsoever that shall assist them, or any of them. And since the Preservation of your majesty's Person is of the highest concern to the peace and happiness of this kingdom, we your most dutiful and loyal subjects, do most humbly beseech your maj. to take more than ordinary care of your royal person, which we beseech God long to preserve."

The King's Answer.] Which Address being tion, were thus shamelessly sacrificed to the eagerness which, at this disgraceful period, so generally prevailed, of manifesting loyalty, or rather abject servility to the sovereign, there still remained no small degree of tenderness for the interests and safety of the church of England, and a sentiment approaching to jealousy upon any matter which might endanger, even by the most remote consequences, or put any restriction upon her ministers. With this view, as one part of the bill did not relate to treasons only, but imposed new penalties upon such as should by writing, printing, preaching, or other speaking, attempt to bring the king or his government into hatred or contempt, there was a special proviso added, that the asserting, and maintaining by any writing, printing, preaching, or any other speaking, the doctrine, discipline, divine worship, or government of the church of England as it is now by law established, against Popery or any other different or dissenting opinions, is not intended, and shall not be interpreted, or construed to be any offence within the words or meaning of this act. It cannot escape the reader, that only such attacks upon Popery as were made in favour of the doctrine and discipline of the church of England, and no other, were protected by this proviso, and consequently that, if there were any real occasion for such a guard, all Protestant dissenters who should write or speak against the Roman superstition, were wholly unprotected by it, and remained exposed to the danger, whatever it might be, from which the church was so anxious to exempt her supporters.-This bill passed the house of commons, and was sent up to the house of lords on the 30th of June. It was read a first time on that day, but the adjournment of both houses taking place on the 2d of July, it could not make any further progress at that time; and when the parliament met afterwards in autumn, there was no longer that passionate affection for the monarch, nor conquently that ardent zeal for servitude, which were necessary to make a law with such clauses and provisos, palatable or even endurable." Fox's JAMES II. p. 154.

agreed to by the house, and presented in the afternoon, his majesty was pleased to answer, "That he did thank this house for their loyal Address, and particularly for their care of his person; that he would venture his life in defence of his people, and for their peace; and he did not doubt, but, with God's blessing, and the assistance of his loyal subjects, to repell all traitors and rebels."

The D. of Monmouth's Declaration ordered to be burnt by the Common Hangman.] June 15. A traiterous Paper entitled,The Declaration of James duke of Monmouth, &c.'* being sent from the lords, with an Order which that house had made thereupon; and the said Paper and Order being read to the house, resolved, nem. con. "That this house doth agree with the lords; and that the said traiterous Paper be burnt by the hands of the common hanginan accordingly."

A Bill for the Attainder of James duke of Monmouth of High Treason was read the first and second time, ingrossed, and read the third time, and sent up to the lords for their concurrence. †

A Supply Voted.] June 17. A motion being made for a Supply to be given to his maj. towards his present extraordinary expence for suppressing the Rebellion of the late duke of Monmouth, and the pretended earl of Argyle; Resolved, That a Supply be given to his majesty, &c.

The King's Message desiring a Supply.] June 18. The following Message from his majesty was delivered in writing, by the earl of Middleton.

"James R. His majesty judges it neces

"The duke of Monmouth's Manifesto was long and ill penned; full of much black and dull malice. It charged the king with the burning of London, the Popish Plot, Godfrey's murder, and the earl of Essex's death; and, to crown all, it was pretended, that the late king was poisoned by his orders. It was set forth, that the king's religion made him incapable of the crown; that three subsequent houses of commons had voted his exclusion : the taking away the old Charters, and the hard things done in the last reign, were laid to his charge; the elections of the present parliament were also set forth very odiously with great indecency of stile: the nation was also appealed to, when met in a free parliament, to judge of the duke's own pretensions; and all sort of liberty, both in spirituals and temporals, was promised to persons of all persuasions." Burnet.

"The alarm of Monmouth's invasion was brought hot to London; where, upon the general report and belief of the thing, an Act of Attainder passed both houses in one day; some small opposition being made by the earl of Anglesea, because the evidence did not seem clear enough for so severe a sentence, which was grounded on the notoriety of the thing. The sum of 50007, was set on his head." Ibid.

sary, for the good of his service, that the gen tlemen of this house, (on whose loyalty and affection he depends, where-ever they are) should be present in their respective countries; and therefore designs there should be a recess in a very few days: but, because the Rebellion in the West will occasion an extraordinary expence, his maj. desires there may be a good fund of Credit provided for a present sum of money to answer the immediate charge his maj. must be at: and to the end none of the Bills now depending may be prejudiced, his maj. is pleased that this separation shall be an adjournment, and for some short time only."

£.400,000. voted.] Resolved, "That a Supply not exceeding 400,000l. be given to his majesty for his present extraordinary occasions."

June 22. The earl of Middleton acquainted the house from his majesty, That the grand rebel, Argyle, is taken, and now in safe custody.

Resolved, "That the most humble and hearty acknowledgment and thanks of this house be presented to his majesty, for his gracious communication to them of the taking of that arch-traitor the late earl of Argyle: which this house received with all imaginable joy and satisfaction."

The Parliament adjourned.] July 2. The commons attended his majesty in the house of lords, where the Lord Keeper declared his majesty's pleasure; "That both houses should forthwith severally adjourn themselves till the 4th day, of August next. That his majesty doth not at present intend there shall be then a session; but that the session be carried on by farther adjournments, by such members as shall be about the town, till winter, unless in case of some emergency that shall require it: in which case or whensoever he shall intend a session, he will give timely notice by proclamation."-The house accordingly adjourned to August the 4th, and from thence, by his majesty's pleasure, it was farther adjourned to November the 9th.t

* "Argyle had left his arms in a castle, with such a guard as he could spare: but they were routed by a party of the king's forces. And with this he lost both heart and hope. And then, apprehending that all was gone, he put himself in a disguise, and had almost escaped: but he was taken. Thus was this Rebellion brought to a speedy end, with the effusion of very little blood. Nor was there much shed in the way of justice. Argyle was carried to Edinburgh, where he was executed, pitied by all. His death, being pursuant to the sentence passed three years before, was looked on as no better than murder." Burnet.

"With the duke of Monmouth's Attainder the session of parliament ended; which was no small happiness to the nation, such a body of men being dismissed with doing so little hurt." Burnet.