ceives a like verdict. These trials were as many blows to the popish plot, which now began to stagger in the opinion of all moderate men. But, in order still to keep alive the zeal against popery, the earl of Shaftesbury appeared in Westminsterhall, attended by many persons of distinction, and presented to the grand jury of Middlesex, reasons for indicting the duke of York as a popish recusant. When the jury were deliberating on this extraordinary case, the chief justice sent for them and suddenly dismissed them. Shaftesbury, however, obtained the end for which he had attempted this bold measure; he shewed to all his followers, by such daring conduct, that he was fully determined not to desert their cause.

A new parliament was assembled October 21st; the king, in his speech, repeatedly insisted on the necessity of avoiding all domestic dissensions, and exhorted both houses in the most soothing terms to unite themselves firmly in the same views and purposes. "Let us take care," said he, "that we

do not gratify our enemies, and discourage our "friends, by any unseasonable disputes. If any "such do happen, the world will see that it is no "fault of mine; for I have done all that it was "possible for me to do to keep you in peace while "I live, and to leave you so when I die." He added, that provided the succession were preserved in its due and legal course, he would concur in any expedient for the security of the protestant religion. But all confidence in Charles's promises was lost, and his mollifying expressions had no influence on the commons. They voted that it was the undoubted right of the subject to petition the king for the calling of parliament. They fell with the utmost violence on the abhorrers, and expelled sir Thomas Withers, one of their members, who had 'been guilty of this offence. To turn aside the suc

cession of the duke of York was their great object; and in less than a week from the commencement of the session, they made a motion for bringing in the exclusion bill, with two additional articles, which shewed still an increase of animosity in the commons. The bill was to be read to the people twice a-year in all the churches of the kingdom, and every one who should support the duke's title was declared incapable of receiving a pardon but by an act of parliament.

The debates were carried on with great violence on both sides, but in the house of commons the bill passed by a great majority. In the house of peers the contest was violent. Shaftesbury, Sunderland, and Essex supported the bill. Halifax, Shaftesbury's nephew, chiefly conducted the debate against it, and displayed such an extent of capacity and eloquence as to eclipse entirely his uncle. The king was present during the whole debate, which lasted till eleven at night, when the bill was thrown out by a considerable majority.

The commons, extremely displeased at this disappointment, immediately resumed the prosecution of the popish plot. The impeachment of the catholic lords in the Tower was revived, and it was determined to make the old and infirm viscount Stafford the first victim. Oates, and two of his associates no less infamous than himself, were the only witnesses produced against the prisoner, and, notwithstanding the evident falsehood, the contradictions, and the absurdities of their testimony, the peers, after a solemn trial of six days, gave sentence against him by a majority of twenty-four voices. Stafford now prepared himself for death with the intrepidity which became his station, as well as the integrity and eminent virtues which had marked the whole course o his long life. When going to execution he called for a cloak, to defend him against the

rigour of the season. Perhaps," said he, "I may "shake with cold, but, I trust in God, not for "fear." On the scaffold he continued with reiterated protestations of his innocence. He hoped, he said, that the time was now approaching, when the present delusion would be dissipated; and when the force of truth, though late, would engage the whole world to make reparation to his injured honour..

The populace, who had been so clamorous against Stafford in his trial, were now melted into tears at the sight of that fortitude which shone forth in each feature and accent of this aged noble. Their profound silence was only interrupted by sighs and groans, and by the expressions of their assent to his protestations of innocence. "We believe you, my

lord; God bless you, my lord," were the words which with a faltering accent flowed from them. The executioner himself partook so much in these feelings and sympathy, that twice he lifted up the axe with an intention to strike the fatal blow, and as often felt his resolution to fail him; a deep sigh was heard to accompany his last efforts. This execution tended still further to increase that disbelief of the popish plot which began now to prevail.

The commons vote that no member shall accept any place without the leave of the house, and bring in a bill to order an association, such as that which had been passed under the reign of Elizabeth, for the safety of his majesty's person, for the defence of the protestant religion, for the preservation of the protestant subjects against all invasions and opposition whatsoever; and for preventing the duke of York, or any papist, from succeeding to the crown. As this bill met with great opposition, another was passed, for easing the protestant dissenters, and for repealing the persecuting statute of the 35th of

Elizabeth; this bill was likewise carried through the house of peers.

The chief justice Scroggs was very obnoxious, principally for having discharged in an irregular manner the grand jury, when an accusation of recu sancy was preferred against the duke of York by the earl of Shaftesbury. For this crime articles of impeachment were drawn up against him, as also against Jones and Weston, two of the judges, who, in some speeches from the bench, had gone so far as to give to many of the first reformers, the appellation of fanatics.

Besides insisting still on the exclusion of the duke of York, the commons proceeded to bring in bills of an important, and some of them of an alarming nature; one to renew the triennial act, which had been repealed in the beginning of this reign; a second for continuing the office of judge during good behaviour; a third to declare the levying of money without consent of parliament to be high treason. They voted also, that whoever had advised his majesty to oppose the exclusion bill, were promoters of popery and enemies to the king and kingdom, naming the marquis of Worcester, the earls of Clarendon, Feversham, and Halifax, Laurence Hyde, and Edward Seymour, as those dangerous enemies, and requesting his majesty to remove them from his person and council for ever. They voted, that till the exclusion bill was passed they could not, consistently with the trust reposed in them, grant the king any manner of supply; and lest he should be enabled by any other expedient to support the government, they passed another vote, in which they declared, that whoever should hereafter lend by way of advance any money upon those branches of the king's revenue arising from customs, excise, or hearth money, should be judged a hinderer of

the sitting of parliament, and be responsible for the

same.

Ann. 1681.

The king entertained no longer any hopes of bringing the commons to less unreasonable and violent dispositions; and as their farther sitting served only to keep alive the general ferment of the nation, he secretly resolved to prorogue them. They got intelligence of it about a quarter of an hour before the black rod came to the door (January 10th), and precipitately voted, 1st. That whosoever advised his majesty to prorogue this parliament, was a betrayer of the king and kingdom, and the protestant religion. 2dly. That the penal acts against recusants ought not to be extended to protestant dissenters. 3dly. That the prosecuting the dissenters upon the penal laws at this time, was grievous to the subject, weakening to the protestant interest, and dangerous to the peace of the kingdom. They had no time to pass any other vote, as the king sent for them up to the house of peers, and prorogued the parliament to the 20th instant.

This prorogation, though of ten days only, alarmed the popular party; and three days after, the lord mayor and the common council of London petitioned the king for the sitting again of the parliament. As like petitions were preparing in many other places, Charles anticipated them by issuing, January 18th, a proclamation for dissolving that seditious parliament, and calling another, to meet at Oxford the 21st of March.

The city of London not only re-elected the same members, but voted thanks to them for their former behaviour in endeavouring to discover the depth of the horrid and hellish popish plot, and to exclude the duke of York, the principal cause of the