may be taken into consideration, together with the state of England; for I am sure there can be no safety here, if these doors be not shut up and made sure." Col. Sackville expelled.] This day, Oates gave his testimony against col. Sackville, a Member of the house formerly mentioned, declaring that he said, "That they were sons of whores, who said there was a Plot, and that he was a lying rogue that said it." Whereupon the colonel was immediately sent to the Tower, and ordered to be expelled the house, with a Petition to the king to be made incapable of bearing any office. But in a short time, upon his submission, he was discharged from his imprisonment, but not restored to his seat. tient nobility and gentry there cannot enjoy said too much, having no concern there; but their royalties, their shrievaldoms, and their if a French nobleman should come to dwell in stewardries, which they and their ancestors my house and family, I should think it conhave possessed for several hundreds of years; cerned me to ask what he did in France? for (but that now they are enjoined by the lords of if he were there a felon, a rogue, a plunderer, the council, to make deputations of their au- I should desire him to live elsewhere; and ĺ thorities to such as are their known enemies) can hope your lordships will do the same thing for we enjoy our Magna Charta long under the the nation, if you find the same cause.-My same persons and administration of affairs? if lords, give me leave to speak two or three the council-table there can imprison any noble- words concerning our other sister, Ireland : man or gentleman for several years, without thither, I hear, is sent Douglas's regiment, to bringing him to trial, or giving the least rea- secure us against the French. Besides, I am son for what they do; can we expect the same credibly informed, that the Papists have their men will preserve the liberty of the subject arms restored, and the Protestants are not many here?-I will acknowledge, I am not well ver- of them yet recovered from being the respected sed in the particular laws of Scotland; but party; the sea-towns, as well as the inland, this I do know, that all the northern countries are full of Papists: that kingdom cannot long have, by their laws, an undoubted and invio- continue in the English hands, if some better lable right to their liberties and properties; care be not taken of it. This is in your power, yet Scotland hath outdone all the eastern and and there is nothing there, but is under your southern countries, in having their lives, liber-laws; therefore I beg that this kingdom at least ties, and estates subjected to the arbitrary will and pleasure of those that govern. They have lately plundered and harrassed the richest and wealthiest counties of that kingdom, and brought down the barbarous Highlanders to devour them; and all this without almost a colourable pretence to do it: nor can there be found a reason of state for what they have done; but that those wicked ministers designed to procure a rebellion at any rate, which, as they managed, was only prevented by the miraculous hand of God, or otherwise all the papists in England would have been armed, and the fairest opportunity given, in the just time for the execution of that wicked and bloody design the papists had; and it is not possible for any man that duly considers it, to think other, but that those ministers that acted that, ere as guilty of the Plot, as any of the lords that are in question for it.-My lords, I am forced to speak this the plainer, because till the pressure be fully and clearly taken off from Scotland, it is not possible for me, or any thinking man to believe, that good is meant to us here. We must still be upon our guard, apprehending that the principle is not changed at court; and that these men are still in place and authority, who have that influence upon the mind of our excellent prince, that he is not, nor cannot be that to us, that his own nature and goodness would incline him to.-I know your lordships can order nothing in this, but there are those that hear me can put a perfect cure to it; until that be done, the Scotish weed is like death in the pot, mors in olla:' but there is something too, now I consider, that most immediately concerns us; their act of 22,000 men to be ready to invade us upon all occasions. This, I hear, that the lords of the council there have treated as they do all other laws, and expounded it into a Standing-Army of 6000 men. I am sure we have reason and right to beseech the king that that Act may be better considered in the next parliament there. I shall say no more for Scotland, at this time; I am afraid your lordships will think I have A Conference about the Earl of Danby.] April 4. A conference was held between the two houses, in the Painted Chamber, concerning the Bill sent up against the earl of Danby; where the earl of Anglesey, lord Privy Seal, delivered himself to this effect, being the chief manager for the peers; "That the lords chose to deliver back this Bill by conference, rather than Message, to preserve a good understanding, and prevent debate and controversy between them. The lords observe, that the greatest affairs of the nation are at a stand, at a time of the greatest danger and difficulty that this kingdom ever laboured under; that the king hath always in his reign inclined to mercy and clemency to all his subjects: therefore to a king so merciful and compassionate, the first interruption of his clemency they did desire should not proceed from the two houses pressing the king to an act of the greatest severity; there fore they have passed the Bill with some amendments, which he delivered to them.”— The commons were no way satisfied with the lords proceedings, therefore drew up Reasons against them, to be offered in another conference, which were as follow: "The addition of the title does shew, that the Amendments made by your lordships to the Bill do wholly alter the nature of it, and from a Bill of Attainder have converted it to a Bill of Banish ment, which the commons cannot consent to for these Reasons: 1. That banishment is not the legal judgment in cases of High-Treason, and the earl of Danby being impeached by the commons of high-treason, and having fled from justice, hath hereby confessed the Charge, and therefore ought to have the judgment of high-treason for the punishment. 2. That banishinent being not the punishment the law inflicts upon those crimes, the earl of Danby might make use of this remission of his sentence as an argument, that either the commons were distrustful of their proofs against him, or else that the crimes are not in themselves of so high a nature as treason. 3. That the example of this would be an encouragement to all persons that should be hereafter impeached by the commons, to withdraw themselves from justice, which they would be always ready to do, if not prevented by a commitment upon their Impeachment, and therefore hope to obtain a more favourable Sentence in a legislative way, than your lordships would be obliged to pass upon them in your judicial capacity." of making abatements, and it might be of fatal consequence, if it should not be so. And the lords, to remove all jealousies of the precedents of this kind, do declare, that nothing which hath been done in the earl of Danby's case, shall ever be drawn into example for the time to come, and will so enter it upon their Journal. And thereupon their lordships insist upon their Amendments so far, as to exclude all Attainders; and do promise themselves the commons will in this point comply with their lordships, who do again assure them, That their Resolutions are grounded only upon their tenderness, and the consideration of the public." A third and free Conference.] This being not satisfactory, a third and free conference was held two days after, in which the Lord PrivySeal said: "That the house of commons might see by the present quick free Conference, which the lords desired, that their lordships did shew their willingness, by using all means possible, to reconcile both houses, and to come to such an understanding, as to pass the Bill with all expedition. He owned the cogency of the commons reasons, and therefore the lords An Address for a Proclamation to apprehend were content to make the Bill absolute, withthe Earl of Danby.] Upon the reading of this out giving the lord Danby any day to appear, Paper, they immediately resolved, "That an and the penalties to continue. He observed, Address be presented to his majesty that he that, by the passing of this Bill, he would not would issue out his royal proclamation for ap-only be ruined, together with his family, but prehending of Tho. earl of Danby; and to com-likewise those acquisitions which he got by the mand all ministers of justice to use deligence to apprehend him; and to forbid all subjects to harbour him; and to require all officers of the houshold to take care that no person suffer him to conceal himself in any of the king's palaces." marriage into a noble family, would be lost. And if the commons would have any other penalties added to the Bill, their lordships would leave it to them, provided they run not to the absolute destruction of the lord impeached." He took notice, "That although reason and justice were of the commons side, yet in a legislative capacity, they were to consider circumstances with relation to the good of the public. That in this affair they had gained two great made by the commons in one parliament, continue from session to session, and parliament to parliament, notwithstanding prorogations or dissolutions: the other point was, That in cases of Impeachment upon special matter shewn, if the modesty of the party impeached directs him not to withdraw, the lords admit that of right they order him to withdraw, and that afterwards he must be committed.' But without special matter alledged, he said, he did not know how many of their lordships might be picked out of the house of a sudden." A second Conference on the Bill of Attainder.] On the same day, the commons had a second conference with the lords upon the same case, where the carl of Huntingdon managed for the house of peers, and what he deli-points; the first was, That Impeachments vered was to this effect: "The lords have desired this conference with the commons, not so much to argue and dispute, as to mitigate and reconcile: They have already observed, That the debates of this Bill have given too long, and too great an obstruction to public business; and therefore they desire you to believe, that that is the reason which hath chiefly prevailed with their lordships in a matter of this nature. And upon this ground it is, that if a way may be found to satisfy and secure the public fears, by doing less than the Bill you have proposed, the lords do not think it advisable to insist upon the utmost and most rigorous satisfaction to public justice, which might be demanded. To induce you to this compliance, the lords do acknowledge, that Banishment is so far from being the legal judgment in case of high treason, that it is not the legal judgment in any case whatsoever, since it can never be inflicted but by the legislative authority: But they see no reason why the legislative authority should always be bound to act to the utmost extent of its power; for there may be a prudential necessity sometimes The earl of Shaftesbury, now in a way of preferment in court, declared, "They were as willing to be rid of the carl of Danby, as the commons; but he let them know, That the expression which was sent with Reasons from the lords the other day, namely, That the lords would not draw into example the proceedings of the earl of Danby, but would vacate them; they intended that to extend only to the points of not withdrawing and not committing. He likewise declared, That the way now proposed would be a means to have the Bill pass; for the commons might have other penalties if they would, as coufiscation of estate, loss of hondurs, &c. Therefore he desired the commons to consider, that there were weighty Reasons, which were better understood than expressed, that proved it necessary for the good of the public, that this Bill should speedily pass." The commons replied, "That they hoped their lordships did not think, they took it as if they had now gained any point; for the points, which their lordships mentioned as gained, were nothing but what was agreeable to the ancient course and methods of parliament." The Bill of Attainder passes against him.] Then they delivered the Bill again to the lords, with their Amendments, with expression of hopes and desire of their concurrence with them, that justice may have its course, and the great affairs of parliament be no longer obstructed, by spending more time on him, who hath brought the kingdom into so sad a condition. And thus they so immoveably adhered to their own Bill of Attainder, that, within two or three days time, the lords thought fit to pass the Bill, in which the 21st of April was appointed for the earl's surrendering himself to trial. The Earl surrenders himself.] The earl finding himself reduced to this extremity, rather than risk the mischiefs that might happen to himself, or to the king, if he should refuse to pass the Bill, on the 15th of April surrendered himself to the usher of the black rod, which was signified to the commons the next day. The five Popish Lords put in their Answers.] April 16. The house was informed by a Message from the lords, That all the five Peers, lately committed to the Tower, had brought their Answers to the Impeachments against them, in person, except the lord Bellasis. Upon which a debate arose, Whether the said lord Bellasis, having not in person delivered his Answer, was actually and legally arraigned? And a committee was ordered to inspect the Entries that had been made in the Lords Journals touching the appearance and arraignment of the five Lords, and give in their report the next day. A Supply voted and appropriated.] The same day, the house resolved, "That a Supply be granted to his majesty of 206,462l. 17s. 3d. for the paying off and dismissing all the Forces then in arms, raised or brought over from foreign parts, to be raised by six months tax.". The next day, a Clause was ordered to be added to the said Resolution, to appropriate the Money to that use only, with penalties upon such persons as should divert the same: and, a motion being made, That the said Supply should be paid into the Exchequer, the house divided, and it passed in the Affirmative, Noes 131, Yeas 191. Report of the Contents of the Lords' Journals, relating to the five Popish Lords.] April 17. The Report of the committee appointed to inspect the Lords Journals was VOL. IV. | delivered in by Mr. Hampden, in effect as follows: "That April 8, the lord Shaftsbury reported from the committee of privileges, That their lordships were of opinion, that the lords now prisoners, ought to be brought to the bat, and kneel there, and then stand up, and hear the Articles against them read. Which was ordered by the house accordingly; That April 9, the lords Powis, Stafford, Petre, and Arundel of Wardour did appear at the bar of the house, where they heard the Articles against them read, and were told, his majesty would appoint a lord high steward for their trials: That, then, the lords, having put in several requests, withdrew, and being called in again, were told by the lord-chancellor, That the house had ordered the several indictments brought against them by the grand jury, should be brought into that court by writ of certiorari, that their lordships should be allowed copies of the Articles against them, that till the 15th would be given them for their Answers, and farther time, in case any new Anticles were alledged: with liberty to take out copies of records, journals, &c. That, then, they find notice taken, that lord Bellasis had not appeared at the bar. And that Tho. Plessington, and Robert Dent, being sworn, had attested that his lordship was so ill of the gout, that he could not turn in his bed without help: which reasonable excuse being allowed, the said Tho. Plessington, in behalf of his lordship, desired a copy of the Articles exhibited against his lordship, with council, &c. which particulars were all granted: That April 15 being appointed for the said lords to put in their Answers, they were ordered to be brought to the bar of the house, for that purpose, and that lord Bellasis was permitted to deliver in his Answer in writing." The commons then ordered the Answers of the said lords to be inspected by the Committee of Secrecy: who were farther to consider the methods of proceeding upon Impeachments, and give in their Report accordingly. The King's Speech to the Parliament, on declaring a new Privy-Council.] April 21. His majesty, by message, commanded the commons to attend him in the house of peers, where he expressed himself, as follows: My lords and gentlemen; I thought it requisite to acquaint you with what I have done now this day; which is, that I have established a new Privy Council, the constant number of which shall never exceed 30*. I have made choice of such persons as are worthy and able to advise me; and am resolved, in all my weighty and important affairs, next to the advice of my Great Council in parliament (which I shall very often consult with), to be advised by this Privy council. I could not make so great a change, without acquainting both houses of parliament. And I desire you all to apply yourselves heartily, as I shall do, to * The former Council was composed of 50. 4 C those things which are necessary for the good and safety of the kingdom, and that no time may be lost in it *." "At last the king was prevailed upon to dismiss the Council, which was all made up of lord Danby's creatures; and the chief men of both houses were brought into the new Council. This was carried with so much secrecy, that it was not so much as suspected, till the day before it was done." Burnet. "It does not appear that either house acknowledged the compliment of this speech by Address, which is now become almost a matter of course on much less considerable occasions, or even, that any such acknowledgment was moved for." Ralph. "The house of commons received it with most coldness, where the contrary was most expected, and the pretended knowers among them, who were not of the Council, pretended now to know nothing of it, to expect new revelations, to doubt it might be a new courtjuggle, and to refer it to time to tell what it was in truth; in the mean time to suspend their judgments." Temple. "Sir William Temple had lately been recalled from his foreign employments; and the king, who, after the removal of Danby, had no one with whom he could so much as discourse with freedom of public affairs, was resolved, upon Coventry's dismission, to make him one of his secretaries of state. But that philosophical patriot, too little interested for the intrigues of a court, too full of spleen and delicacy for the noisy turbulence of popular assemblies, was alarmed at the universal discontents and jealousies which prevailed, and was determined to make his retreat, as soon as possible, from a scene which threatened such confusion. Meanwhile, he could not refuse the confidence with which his master honoured him; and he resolved to employ it to the public service. He represented to the king, that, as the jealousies of the nation were extreme, it was necessary to cure them by some new remedy, and to restore that mutual confidence, so requisite for the safety both of king and people: that to refuse every thing to the parliament in their present disposition, or to yield every thing, was equally dangerous to the constitution, as well as to public tranquillity: that if the king would introduce into his councils such men as enjoyed the confidence of his people, fewer concessions would probably be required; or if unreasonable demands were made, the king, under the sanction of such counsellors, might be enabled, with the greater safety, to refuse them and that the heads of the popular party, being gratified with the king's favour, would probably abate of that violence by which they endeavoured at present to pay court to the multitude. The king assented to these reasons; and, in concert with Temple, he laid the plan of a new privy-council, without whose advice he declared himself determined for the future to : Report from the Committee, concerning the Answers of the five Popish Lords.] April 23. Sir John Trevor gave the following Report, from the Committee appointed to inspect the Answers of the five Lords, and the methods of proceeding upon Impeachments: "That it is the opinion of the committee, that the lord Bellasis being impeached of high-treason, cannot make any Answer but in person. That the several writings, put in by the lords Powis, Stafford, and Arundel of Wardour, are not Pleas, and Answers, but argumentative, evasive, and to which the commons weither can, or ought to reply: That, if the Answers of the said lords, as well as that of the lord Petre, were sufficient, proceedings ought to be stopt, till the lord Bellasis had also put in a sufficient Answer in person: That the commons do demand of the lords, that their lordships would forthwith order the said lords to put in their perfect Answers; or, in default thereof, that the commons may have justice against them." April 24. The said Report being approved of by the house, a Conference was desired with the lords, at which, the Answers of the five Peers were returned, together with the Reasons of the commons for their insufficiency: to which was added by Order that the house take no measure of importance. This council was to consist of thirty persons, and was never to exceed that number. Fifteen of the chief officers of the crown were to be continued, who, it was supposed, would adhere to the king, and, in case of any extremity, oppose the exorbitancies of faction. The other half of the council was to be composed, either of men of charaeter, detached from the court, or of those who possessed chief credit in both houses. And the king, in filling up the names of his new council, was well pleased to find that the members, in land and offices, possessed to the amount of 300,000l. a year; a sum nearly equal to the whole property of the house of commons, against whose violence the new council was intended as a barrier to the throne. This experiment was tried, and seemed at first to give some satisfaction to the public. The earl of Essex, a nobleman of the popular party, son of that lord Capel who had been beheaded a little time after the late king, was created treasurer in the room of Danby: the earl of Sunderland, a man of intrigue and capacity, was made secretary of state: viscount Halifax, a fine genius, possessed of learning, eloquence, industry, but subject to inquietude, and fond of refinements, was admitted into the council. These three, together with Temple, who often joined them, though he kept himself more detached from public business, formed a kind of cabinet council, from which all affairs received their first digestion. Shaftsbary was made president of the council; contrary to the advice of Temple, who foretold the consequence of admitting a man of so dangerous a character into any part of the public administration." Hume. 1125] desired their lordships would appoint a short | sons that would subvert our religion, which the The same day, the lords, by Message, acquainted the house, that the lords Stafford, Arundel of Wardour, and Powis, had that day retracted the former pleas, and put in others, which were sent down with a request, that they might be returned with all convenient speed. Debate on the Duke of York's Succession to the Crown.] April 27, (Sunday). Several artifices were used to divert the business of this day, which was, To consider how to preserve the King's Person from the attempts and conspiracies of the Papists, &c.' by engaging the house into other debates. Which being apprehended, occasioned several loud cries, To the business of the day;' which was thus introduced by Sir Hugh Cholmondeley. I have a heart full of sorrow for the occasion of our meeting today. It is a sad supposition, that the presumptive heir of the crown should change out religion. The short question is, whether there is any safety for the crown, whilst the Papists wish the king dead. We can never be safe, till it be the Papists interest to have the king amongst the living, that their condition may be never the better for having a king of their own religion. Therefore till you make it the interest of the Catholics to wish the life of the king, you do nothing. Sir Tho. Player. We are come to that pass now, that Protestants and Papists cannot live together in England; and whilst the Papists have a prospect of a Popish successor, they What has will never be quiet, but be always making attempts upon the king's person. Mr. Harbord. Mr. Speaker, these several been transacted lately by lord Danby, in havthings started being off from your hands, I shall ing Money given from France that England say something to the occasion of your meeting might be governed without parliament, and so upon this extraordinary day. It is, for the enslaved for ever? And this was done, during security of the King's Person, and for the pre- the duke's prevalency upon the ministers. servation of the Protestant religion established Now, I move that you will chuse a Committee by law.' Nothing can be so fatal to our reli- to examine all the Papers that can be had, region, and by consequence our laws and liber-lating to the duke, and to extract all things ties, as the danger of the first. Should his maj. fall by any unhappy stroke, it would not be in our power to defend the Protestant religion those long. The way to do it, is to take away men that are likely to destroy him, which are the Papists. Many Catholics will now take the Oaths, and, under the notion of inhabitants, creep into houses. Now since the danger of the King's Person is so great, by reason of their villainous conspiracies, I move, that there may be an order for bringing in a Bill, to banish all Roman catholics from this city, &c. for some time, and I hope that, in the interim, we may make such laws as may put power into such hands as may preserve us. Mr. Bennet. The duke of York has as much right to succeed his brother, if he die without heirs, (which God forbid !) as my son, Therefore has to inherit my estate after me. I desire that by some law we may have power to arm ourselves against him, if he would bring If the king have a son in Popery amongst us. then we are out of fear; but if a way cannot be found out that the king may have a son, then we are to go another way to work. Sir John Knight. What will signify banishing the Papists out of town for four or five months, unless you secure a Protestant Succession? When idolatry was set up in Israel, then they were led away captive. What we aim at is only for posterity, and but for our souls; and this is a proper day for that consideration, that we may overcome those per done by the duke, in setting up popery and arbitrary government, and report it to the house. Mr. Bennet. If you will have the duke of York come to the crown, as other kings do, speak plain English. If you intend that, I will prepare to be a Papist. Col. Birch. Are we come here to give money, for some few new men being put into the Privy Council; and shall we do such things as we have done before? I hope the king will not leave one of the Council that was at the giving such advice as we have had. I would not give a penny for such advice. I am the weakest in this great assembly, but on this point I cannot stay myself. I would support the government to the highest; but this plaistering and patching spoils all. It must not be the addition of four or five persons to the Council that will do it; it must be thoroughly done. When there are no reserves, and when the king fears nobody, when that is done, we shall answer the rest. Till you admit no claim to the crown, till there be an examination of the king's death in parliament, you may be safe. As for the duke of York, I can scarcely speak of him without tears. I hope he will come over to us; but I shall never desire to see that day he should be king without it. I have a kindness for the duke, but I have bowels of I move compassion for the kingdom too. therefore, That a Bill may be brought in, that at the fall of the king by any violent stroke |