house." 6 the Judges in Westminster-Hall, and report | whole process, but the least circumstance fully the same, with their opinion thereon, to this enforced and advanced, with such art and acuteness, as well answered to so great a cause, Impeachment ordered against Lord Chief prosecuted by so high an authority, before so Justice North. Nov. 24. Mr. Attorney-Ge- illustrious judges, and so august an assembly. neral being called in, and examined touching-Some Witnesses were first produced to prove the manner of issuing forth the Proclamation, the reality, or at least the probability, of the stiled, A Proclamation against tumultuous Plot in general; but chiefly three appeared Petitioning; and giving account to the house, against the lord in particular, namely, Dugdale, that sir Francis North, Chief Justice of the Oates, and Turberville, the last said to be both Common-Pleas, was advising and assisting at a profligate and an indigent person. 1. Dugthe said drawing and passing the said Procla- dale swore, That at a certain Meeting held at mation: it occasioned a debate, which ter- Tixall in Staffordshire, about the end of Aug. ninated in the following Resolution: "That or beginning of Sept. 1678, the lord Stafford, the Evidence this day given to this house with lord Aston and others, did, in the preagainst sir Francis North, Chief-Justice of the sence of the witness, give his full consent to Common-Pleas, is sufficient ground for this take away the king's life, and introduce the house to proceed upon an Impeachment against Popish Religion. That on the 10th or 21st of him for high Crimes and Misdemeanors;" and Sept. this lord sent for the witness to his chamthe heads of an Impeachment were ordered to ber, while he was dressing; and turning his be prepared accordingly. servants out, offered him 500l. for his charges and encouragement, to take away the king's life; and further told him, he should have free pardon of all his sins, and be sainted; for the king had been excommunicated, and was likewise a traitor and a rebel, and an enemy to Jesus Christ.' 2. Oates swore, 'That in Nov. 26. The house resumed the Impeachment of Mr. Seymour. Resolved nem. con. "That there was matter sufficient to impeach the said Mr. Seymour, on every Article exhibited against him; and ordered, that a committee be appointed to prepare the said Impeachment." Trial of the Earl of Stafford.] Nov. 30. The commons proceeded to the Trial of the earl of Stafford; of which the following is an Abstract: The Managers for the commons, among whom were the most considerable lawyers in the house, as serj. Maynard, sir Wm. Jones, Mr. Treby, &c. opened the cause with great copiousness and eloquence: They began with the Plot in general, and laid open the malice, wickedness and horror of so dreadful, bloody and hellish a design: they strenuously insisted on the express positive oaths of the witnesses, upon whom the credit of the Plot chiefly depended they expatiated upon Coleman's Letters, and others, clearly proving the designs and activity of the writers: they pressed home the execrable murder of sir E. Godfrey, charged upon the Papists, as well by the oaths of selfacknowledged partners in the fact, as by a Letter sent from London to Tixall, intimating this very murder the 3rd day after it was committed they fully displayed the Sham-Plots and Counter-Contrivances, whereby the Papists would have suborned the king's evidence, and turned all the guilt upon his majesty's most loyal subjects: they urged the firing the City, the burning the Navy, the calling in French Armies, Wild-Irish, Spanish-Pilgrims, &c. They recapitulated the several Trials of Ireland, Whitebread, Langhorn, &c. and alledged the Votes of both houses declaring the Plot. To corroborate all which, they repeated the cruelties of queen Mary, the French and Irish Massacres, the Powder-Plot, &c. and they anatomized the wicked principles and practices of murdering, lying, equivocating, forswearing, faith-breaking, &c. imputed to the Papists as held by them lawful and meritorious. In sum, nothing was omitted, or neglected through the 1677, both in Spain, and at St. Omers, he saw several letters, signed Stafford, wherein his ldp. assured the Jesuits of his fidelity and zeal in promoting the Catholic Cause. That in 1678, being in London, his Idp. came to the chamber of father Fenwick, since executed, and there in his presence received a Commission from him, to be Pay-Master-General to the army: whereupon his ldp. said, he must of necessity go down into the country to take account how affairs stood there; and did not doubt but at his return, Grove should do the business. And, speaking of the king, he further added, He hath deceived us a great while, and we can bear no longer. 3. Turberville gave an account, of disobliging his friends by leaving his friar's habit at Doway; and thereupon went into France, in 1675, where at Paris getting acquaintance with his Idp. he proposed to the witness a way, both to retrieve his credit with his friends, and make himself happy; and this was by taking away the life of the king, who was a heretic, and a rebel against God Almighty. That when he took leave of him, his Idp. appointed to meet him at London; but he soon after returned into France, not being willing to undertake the proposals, and was discountenanced by his friends, and reduced to poverty. The accused lord in his Defence, alledged many things to invalidate the credit of the Plot, and particularly the Reputation of these three witnesses.-It would be too long to mention all the particulars of this Trial, which lasted a whole week, and in which great skill and dexterity was used by the managers to support the credit and reputation of the witnesses, among whom they believed there was no contrivance or confederacy. They argued, That they had made it plain and apparent in the beginning of the Trial, by the testimony 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, nurdering 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 pretend 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 I 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 car ried 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, hath 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 them selves; 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 ldp.; 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, Sir Rob. Peyton expelled. Dec. 14. It appearing to the house by the Report made at the bar, and by the Confession of sir Rob. Peyton (a Member) in his place, that the said sir Robert had negotiated with the duke of York, by the means of the earl of Peterborough, Mrs. Cellier, and Mr. Godfrey, at such time when they were turning the Popish Plot upon the protestants." Ordered, "That Sir Rob. Peyton be expelled the house, and that he be brought to the bar, and do receive the Censure of the house upon his knees." But not being to be found, the house afterwards ordered him to be taken into the custody of the serjeant 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 make 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 majesty, though he pitied the victim, had not resolution enough to prevent the sacrifice." Ralph. VOL. IV. are discharged this house, and the custody of the serjeant, paying your fees *. 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 christendom. 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 he thought worth the keeping, you must take such consideration of it, that it may be speedily supplied; it being impossible for me 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 saine 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 offen sive 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." 4 K ed into a grand committee, how to secure the kingdom against Popery and Arbitrary Government. Mr. Powle in the chair. Lord Cavendish. Sir, when I consider the immunities and advantages we enjoy by the excellent composure of our government both in Church and State: how the king, as sovereign, enjoys all the prerogative that can be necessary to make him either great or happy; and the people all the liberty and privilege that can be pretended for their encouragement to be industrious, and for securing to themselves and posterities the enjoyment of what they get by their industry; how the doctrine of the church is void of idolatrous, superstitious opinions; and the government of tyranny, or absolute dominion: I cannot but admire that there should be any body amongst ourselves, that should aim at any alteration, and be the occasion of this day's debate. But, sir, it is too evident that such there are; and that they have made a great advance to effect their design, by many contrivances which they have pursued for a long course of years, according to the results and consultations held by Jesuits for that purpose: but above all, by converting to their religion James duke of York; the presumptive heir of the crown; and by engaging him to espouse their interest with that zeal and fervency, which usually attends new converts: especially when so great a glory is proposed, as the rooting a pestilent heresy out of three nations; and the saving of so many souls as would depend thereon. The sad effect of this conversion we have felt for many years, it having had the same operations in our body politic, as some sorts of lingering poison hath in bodies natural; made us sick and consumptive, by infecting and corrupting all the food and physic which hath been applied in order to preserve us from popery and slavery, worse than death itself. From this fatal act, the declination of the grandeur of this monarchy may be dated; and to the consequences thereof, its absolute ruin (if not timely prevented) will be hereafter attributed. This being our case, I could not but admire to see this house so long coming to consider this weighty point: insomuch, that, I began to persuade myself, that either our dangers were not so great as our discourses, upon some other occasions, had represented them, or that we were not in good earnest to endeavour any redress. It is true, when we consider what ill fortune we have had with our Bill, lately sent up to the lords, in having it thrown out in such a heat, without so much as a conference, (though whenever they shall consider of it in cool blood, they will find there can be no other way to secure the Protestant Religion) we may with some reason be discouraged. But I hope, sir, that, seeing our country have thought us worthy to be their representatives, we shall not be so easily daunted in what so nearly concerns them but be as indefatigable in finding out ways for our preservation, as our enemies are to find out means for our de struction; hoping we shall not meet always so bad success in the house of lords: for though the too much kindness of some men, who pretended to be for the Bill, but underhand made a party against it, did this time operate as fatally, as enmity disguised in friendship useth to do; yet I hope that on another occasion we may have better success; not doubting bet a great many lords, when they are persuaded that they shall not be able to find out any other way (as I hear they begin to despair they shall) to secure the Protestant Religion, that they will join with us in the same, or some other Bill to the same purpose: especially my good lords the bishops, who cannot be presumed to have made peace with Rome, but to be ready to die for the Protestant Religion; and therefore, doubtless, will not long stick at joining in a Bill to save it. But seeing that, according to the course of parliaments, we are not like to bring this to a trial for a long time, I am of opinion, we had best try something else; and although I know not what other act can be made to serve instead of that, but wil either prove too weak, or too strong yet seeing we are put upon it, we must try, that so we may not be represented as stubborn. And therefore I humbly move you, That a Bill may be brought in for the association of all his majesty's protestant subjects. Mr. Ralph Montagu. Sir, great things are expected from this day's debate; and we could not well have entered into it sooner; it now comes more seasonable than it would have done before, because of the opportunities we have had to feel the pulse of affairs since the beginning of the session; and the time we have spent in asserting the Right of Petitioning, by which the essence of parliaments, and the foundation of the people's Liberties were struck at. And the Trial of my lords Stafford, and the Disinheriting-Bill could not possibly have been avoided. And as our labour hath not been lost in all, so I hope that at last we shall have some benefit of that spent about the Succession-Bill. For, as it was said at the passing of the Bill, that there were a loyal party that would never acquiesce in it; so I do believe, there is a true Protestant party that will never acquiesce in any thing less, than what may be sufficient for the security of their Religion; which, I am apt to believe, will end in that Bill, But in the mean time, that we may shew that we are not humorists, let us try what strength we can muster up to oppose these great enemies by some other laws; as when a house is on fire, we make use of buckets and tubs for casting of water, until the great engines can be got. But I would move you to be cautious what you do; for I am afraid that the design of putting you upon finding out expedients, is it not in order to bave any thing done that may be effectual against Popery; but in order to have you offer at something that may purchase a disrepute on the bouse, and give your enemies an advantage to pursue their designs of breaking us, by alledging that you aim at laws that will over- the men, you will banish some women too; for turn the government. For my part, I am fully I do believe, that some of that sex have been persuaded, that this is the design of those that great instruments in bringing about our ruin. have put the king so often to declare against | And if in time you will consider, how to prealtering the Succession, and to recommend vent the royal family's marrying Popish women, other ways; and that, offer at what you will, it would be of great security for hereafter. For if it be any thing that is like to prove strong I am of opinion, that the late queen mother's enough to secure us against popery, you will zeal for her religion, was not only a great ocsee the house put off before it comes to any casion (amongst many others) of the miseries perfection; and that in time it will be made that befel us in 41; but the great cause of all use of to arraign the proceedings of parliament, our miseries now, by perverting the duke from and to persuade the people, that this house did his religion, as is reported; and may reason attempt to alter the government by such and ably be believed, if we conclutle, that she had such bills; and so by degrees possess the peo- that motherly care for the salvation of her ple, that parliaments are either dangerous, or children, as other mothers usually have; for, inconsistent with the government, that, if pos- according to her opinion, it was not to be obsible, they may be well content to be without tained out of the pale of that Church: and no them. Sir, I am afraid that the Popish Party man can doubt, but that the Protestant interest are more serious in this design than we are hath been much prejudiced, by his majesty's aware of; and that, next to the great endea- marrying a princess of that religion for we vours they have used for many years to keep have plainly seen, since the discovery of the up our divisions in points of Religion; the Plot, how some of the most material Jesuits, next great artifice which they depend on is, and Popish instruments, have sheltered themthe infusing into the people the dislike of par- selves under her royal protection; and how liaments; for they well know, that Popery can they have helped to carry on the Plot, being never be established in this nation, as long as so impudent, as to pretend they had her paparliaments are permitted to sit and act. tronage, and by abusing her authority; but Therefore, though I know it is below a house more especially by the duke's marrying the of commons to mind every little discourse; princess of Modena; because of her near relayet I think, if we conclude, that this powerful tion to the Popes and Cardinals. All which party, amongst their many designs, have this was plainly foreseen by that parliament which for one, that we ought to countermine it as met a little before that marriage in 1673, and much as we can. We cannot well compre- therefore they made an Address to his majesty, hend what a Bill of Association will be before representing the said i consequences; desiring it be drawn up, nor what difficulties may be him not to permit it, because it would tend to found in the contriving of it; and therefore I the destruction of the Protestant Religion. But think no great debate will be necessary about their endeavours were defeated by that party, it, before such a Bill be brought in. And I as we may guess, seeing we find so much use of believe it will be found more likely to be ser- ber name in Coleman's Letters; for well might viceable, in case the Papists be banished; and they who have over-ruled in so many great therefore I conceive, a Bill for banishment of affairs, as hath been instanced in this house, all the considerable Papists out of England, have an influence also in this, that so that party may be very necessary and if at the same might not want so useful an instrument in so time that we endeavour to secure ourselves great a station; and so the parliament's Adagainst popery, we do not also do something dress miscarried; but that they had either a to prevent arbitrary power, it will be to little good judgment, or prophetic spirit, I hope will purpose; for the one will be sure to have a never miscarry, but remain upon record. And hand to bring in the other; and I think no- unless you believe, that these ladies are less thing can prevent that, or rather both, better compassionate than others usually are, how than frequent parliaments. And therefore I can it be otherwise, their principles considered? humbly move you, that a Bill for securing fre- But, sir, I will not trouble you farther about quent Parliaments may be taken into your con- it; but suppose it may be worth your consisideration.' deration in due time. In the interim, I agree for the Bill of Banishment and Association too. Sir G. Hungerford. Sir, I think you are well advised, that the way to secure ourselves effectually against Popery, is to secure ourselves also against arbitrary government; and that the having of frequent parliaments is the best way to secure both; and therefore I think you may do well to move the house, that a Committee be appointed to inspect what old laws there are, for enforcing the sitting of frequent parliaments; that if they should be found deficient, some new laws may be made for that purpose. I do agree, that a Bill for banishing out of England the most considerable Papists, may do well; but I hope, sir, that if you banish Mr. Wm. Harbord. Sir, it is not to be doubted, but that Popery and arbitrary government are so near of kin, that they cannot be separated; and therefore, if we destroy the one, we need not fear the destruction of the other. Before our late miserable wars, Popery was more in masquerade; and arbitrary power, the Loans, Monopolies, and Ship-money, more invisible; now Popery is more visible, except in the business of the Exchequer, which amounting to above one million of money, we may not admire we have not heard of more great things of that kind, since especially; be |