inheritance of the ancient Revenue of the crown, even contrary to acts of parliament."

On reading the first Article a second time, the question was put, that the Articles be committed, which passed in the negative, Yeas 137, Noes 179. The house divided next on a motion for Candles, which passed in the affirmative, Yeas 165, Noes 115. The house again divided on a motion to leave out the word 'traitorously' in the first Article, which passed in the negative, Noes 179, Yeas 141. On a Resolution that lord Danby should be impeached on the above-recited Articles, a motion was made to adjourn, but over-ruled, Yeas 142, Noes 170. The last division during this grand debate, was on a motion whether the said lord should be impeached, on the 4th Article, and it was carried in the affirmative, Yeas 143, Noes 119 *.

The Earl of Danby's vindicating Speech in the House of Lords.] Dec. 23. The commons carried up the Impeachment to the lords. Upon the reading of which, a motion being made for his lordship to withdraw, it was overruled by a majority of 20; after which, his lordship rose up and made a formal Speech in his own vindication, in substance as follows:

whoever is in that station which I hold, must certainly be a fool, to desire any thing which creates a want of Money, especially so great a one, as the Charge of an Army must necessarily and immediately produce. And so for one part of the Article concerning the Pay-Master of the Army, it is in fact otherwise; for secu rity from the pay-master has been taken in the sum of 400,000l. The 3d, is of the same na|ture with the first, and comes from the same foundation, which is, what a gentleman hath thought fit to produce to the house of commons. I will not now censure his actions, I think it will do enough for itself; I will only say, that though I take it for one of the greatest misfortunes which can befal a man, to lie under such a Charge of the house of commons, yet I would much sooner chuse to be under that unhappiness, than under his circumstances. The 4th Article is not only false in every part of it, but it is not possible to believe it true, without my being the greatest fool on earth, as well as the blackest villain. For were I capable of such wickedness, yet the more wicked any man is, the more he is carried to his own interest; and is it possible any thing under heaven can agree less with my interest, than "My Lords; I know this is not the time the destruction of this king? Can I possibly for me to enter regularly upon my Defence, hope to be better than I am? And is it not because I know your lordships will first order apparent, that there is not one man living, me a copy of my Charge, and appoint me a whose happiness depends so much as mine time for my vindication; when I doubt not to upon the preservation of his person? My do it to the full satisfaction of your lordships, lords, I know there is not one man in the and all the world. In the mean time I will world, that can in his heart think me guilty of only beg leave to observe to your lordships, that part of the Article, if I should say nothing that those Articles in this Charge which seem to it. But, besides, I was so far from concealto have any thing of Treason in them, have ing this hellish Plot, that it is notoriously their Answer so obvious, that there is very lit- known, his majesty sent me the first notice of tle in them, which may not be answered by it, together with 43 Heads of the Information, many others, as well as myself, and some of before I knew a syllable of it from any body them by every man in the kingdom. The 1st, else: and it hath been owned at the bar of the which is the assuming of Regal Power, I con- house of commons by him, from whom only I fess, I do not understand; having never in my had the intelligence, That he had all the enlife done any thing of great moment, either at couragement and dispatch from me, that I home, or relating to foreign matters, for which could give him.' Besides, when it was disclosI have not always had his majesty's command. ed to the Council board, he told some of the And though I am far from having been the clerks of the council, as he had done me divers most cautious man in taking care of my own times before, That it would have been security, (which perhaps my great innocence much better, and more would have been discohath been the cause of,) yet I have not been vered, if it had been longer kept private.' Beso wanting of common prudence, as in the sides this, I had the fortune to be particularly most material things not to have had his ma-instrumental in seizing Mr. Coleman's Papers, jesty's orders and directions under his own without which care, there had not hand, and particularly for the letters now made them appeared; and consequently, the best use of against me. The 2d, I think, does and most material evidence which is yet of the scarce need my giving any Answer to; it being Plot, had been wholly wanting. And certainly obvious, that the Army was no more raised by this is the first time that any man was accused than by every lord in this house: and to be the concealer of that Plot, whereof he hath been the principal means of procuring the discovery. For that part of the Article that says, I am popishly affected,' I thank God, that the contrary is so well known to all the world, that even some of those that voted against me, did own their knowledge of the falsity of that allegation; and I hope I have, through my whole life, given so good testimony of my religion, both in my own fa

me,

* While this last question was under dispute, a younger son of the earl's, who had a seat in the house, joined issue with the persecutors of his father, and made it his request, that this part of the Charge might be permitted to stand: that, from thence it might appear with what sort of zeal the whole affair had been conducted. See the Earl's Defence, p. 1071..

one of

mily, and by my services to the Church, when- | deed it is, no man could vindicate me more ever it hath laid in my power, that I shall not than himself; under whose hand I have to need much vindication in that particular: shew, how great an enemy to France I am and I hope your lordships will forgive me my thought; how much I might have been otherweakness, in telling you, that I have a younger wise; and what he himself might have had for son in the house of commons, whom I shall getting me to take it.' But I do not wonder love the better as long as I live, for mov- this gentleman will do me no right, when he ing to have that part of the Article to stand does not think fit to do it to his majesty, upon against me, That by that pattern it might whom chiefly this matter doth reflect: Though appear, with what sort of zeal the whole he knows, as will appear under his hand, 'That bath been carried on to my prejudice.'- the greatest invitations to his majesty for havThe fifth Article will, upon examination, ap- ing money from France, have been made by pear to be as ill gounded as any of the rest; himself; that, if his majesty would have been and I am sorry I am able to give one reason; tempted for money, he might have sold towns which is, That I have known no treasure in for as much as if they had been his own, and my time to waste, having entered upon an the money have heen conveyed as privately as empty Treasury, and never seen one farthing he pleased; that his majesty might have made given to his majesty, in almost six years, Matches with France, if he would have coothat hath not been appropriated to parti- sented to have given them towns;' and yet, that cular uses, and strictly so applied by me, as the king hath always scorned to yield the the acts have directed. And there hath not meanest village, that was not agreed to by the been one of those Aids, which, instead of giv- Spaniard and Hollander. That gentleman bath ing the king money, hath not cost him more often pretended how much his own interest out of his own purse to the same uses, as doth in France was diminished, only by being appear by the larger dimensions of the new thought my friend.' And, besides divers other ships, and so in other things: Insomuch, that instances, I have under his hand to shew the I take upon me the vanity to say, that, by the malice of the French court against me, I sent payments I have made to the navy and seamen two of his Letters to the house of commons, beyond former times; the paying off the greatest which shew how M. Rouvigny was sent hither part of the debt which was stopped in the Ex- on purpose to ruin me; which, I am weil aschequer before my time, by my punctuality insured, at this time, they would rather see, than the course of payments, and by other things which I am able to shew, I doubt not to appear meritorious, instead of being criminal upon that Article.-As to the 6th Article, which mentions my great gettings,' I cannot deny but that I serve a master, whose goodness and bounty hath been a great deal more to me than I have deserved, and to whom I can never pay gratitude enough by all the services of my life. But when the particulars of those gettings shall appear, it will be found very contrary to what is suggested abroad; and that, in near six years time in this great place, I have not got half that, which many others have got in lesser places in half that time. And from the examination of this, which I desire may be seen, there will arise matter to accuse my prudence, in not having done for my family what justly I might; but nothing to arraign my honour, my conscience, or my faithful service to the crown. -My Lords, If my obedience to the king shall not be my crime, I think nothing else will stick upon me from these Articles: for my own heart Batters me to believe, that I have done nothing but as a Protestant, and a faithful servant, both to my king and country. Nay, I am as confident, as that now I speak, that, had I been either a Papist, or friend to the French, I had not been now accused. For I have reason to believe, that the principal informer of the house of commons hath been assisted by the French advice to this accusation; and if that gentleman were as just to produce all he knows for me, as he hath been malicious to shew what may be liable to misconstruction against me, or rather against the king, as in

of any one man in England. Besides what that gentleman could say of this kind, if he pleased, I hope his majesty will give me leave, in my defence, to say in his presence, and in the hearing of divers lords, with whom I have the honour to sit in the committee of foreign Affairs, that which, were it not true, his majesty must think me the impudentest and worst of men, to affirm before him, That, ever since I had the honour to serve his majesty, to this day, I have delivered it as my constant opinion, That France was the worst interest his majesty could embrace; and that they were the nation in the world from whom, I did believe, he ought to apprehend the greatest danger; and who have both his person and government under the last degree of contempt. For which reason alone, were there no other, I would never advise his majesty to trust to their friendship.-""

The Lords debate Whether the Impeachment should be received as an Impeachment of High Treason?] When the earl bad ended his Speech, a great debate arose, on the question, Whether the Impeachment should be received as an Impeachment of High Treason only, because the commons had added the word High Treason in it? It was said, the utmost that could be made of it, was to suppose it true. But even in that case, they must needs say plainly, that it was not within the Statute. To this it was answered, That the house of commons that brought up the Impeachment, were to be heard to two points, viz. to the nature of the crime; and the trial of it. But the lords could not take upon them to judge of either of

these, till they heard what the commons could offer to support the Charge: They were bound therefore to receive the Charge, and to proceed according to the rules of parliament, which was to commit the person, so impeached, and then give a short day for his trial. So it would soon be over, if the commons could not prove the matter charged to be High Treason. The Earl of Carnarvon's remarkable Speech thereon.] The debate was carried on with much heat on both sides, and, among the speakers on this occasion, was the earl of Carnarvon, a lord who is said never to have spoken before in that house; who, having been heated with wine, and more excited to display his abilities by the duke of Buckingham, (who meant no favour to the Treasurer, but only ridicule) was resolved, before he went up, to speak upon any subject that should offer itself. Accordingly he stood up, and delivered himself to this effect:

the commons would have complained, that the lords, denied them justice. So there was no hope of making up the matter; and upon that the parliament was first prorogued and then dissolved."

The King prorogues the Parliament.]. Dec. 30. His majesty, in the house of lords, spoke as follows to both houses:

My lords and gentlemen; It is with great unwillingness that I come this day to tell you, I intend to prorogue you. I think all of you are witnesses that I have been ill used; the particulars of it I intend to acquaint you with at a more convenient time. In the mean time, I do assure you, that I will immediately enter upon the disbanding of the Army, and let all the world see, that there is nothing that I intend but for the good of the kingdom, and for the safety of Religion. I will likewise prosccute this Plot, and find out who are the instruments in it and I shall take all the care which lies in my power, for the security of religion, and the maintenance of it, as it is now established. I have no more to say to you at this time, but leave the rest to my Lord Chancellor to prorogue you*.”

Then the lord chanceller said, " His majesty hath commanded this parliament to be prorogued to the 4th of Feb. next, and this parliament is accordingly prorogued to the 4th of Feb. next."

The Long Parliament dissolved.] On the 24th of Jan. 1678-9, the parliament was dissolved by Proclamationt. And in the same

"My Lords; I understand but little of Latin, but a good deal of English, and not a little of the English history, from which I have learnt the mischiefs of such kind of prosecutions as these, and the ill fate of the prosecutors. I could bring many instances, and those very antient; but, my lords, I shall go no farther back than the latter end of queen Elizabeth's reign at which time the earl of Essex was run down by sir Walter Rawleigh. My lord Bacon, he ran down sir Walter Rawleigh, and your lordships know what became of my lord Bacon. The duke of Buckingham, he ran down my lord Bacon, and your lordships know what happened to the duke of Buckingham. Sir * "Immediately after the prorogation, Mr. Thomas Wentworth, afterwards earl of Straf- Secretary Williamson resigned the seals, which ford, ran down the duke of Buckingham, and were delivered by the king to the earl of Sunyou all know what became of him. Sir Harry derland, though he had given hopes of the Vane, he ran down the earl of Strafford, and place to sir Wm. Temple, then ambassador in your lordships know what became of sir Harry Holland, and bad called him over for that purVane. Chancellor Hyde, he ran down sir pose. But Temple, at his arrival, found the Harry Vane, and your lordships know what post filled, the earl of Sunderland having paid became of the chancellor. Sir Thomas Os-Williamson 6000l. and 500 guineas, which borne, now earl of Danhy, ran down Chan- Temple was not able or willing to give. Shortcellor Hyde; but what will become of the earlly after, the king dismissed the earl of Danby, of Danby, your lordships best can tell. But let me see that man that dare run the earl of Danby down, and we shall soon see what will become of him."

This being pronounced with a remarkable humour and tone, the duke of Buckingham, both surprised and disappointed, after his way, cried out, The man is inspired! and claret has done the business.'-The majority, however, was against the commitment; " upon which it was visible," says Dr. Burnet, "that

* "And here I cannot but take notice, that the king observing the lord Stafford to be very violent in the house against the lord Danby, (which, it seems, took birth from a personal pique to him, for obstructing a pension he had from the crown) told me, He wondered at it much, seeing his father came to the unfortunate end he did, by the very self-same method of procedure." Sir John Reresby.

VOL. IV.

and put the Treasury into commission." Rapin.

Sir Wm. Temple, in his Memoirs, contradicts what Rapin asserts: he says, "That the king sent for him over from the Hague, where he was ambassador, to take possession of the office of secretary of state in the room of secretary Coventry; but on his arrival he declined the accepting it, though greatly pressed by the king, representing to his majesty how necessary it was for him to have one of the secretaries in the house of commons, (where it had been usual to have them both) and that consequently it was very unfit for him to enter upon that office before he got into the house, which was attempted, and failed."

"Some think this parliament was dissolved, on purpose to protect the Popish Lords in the Tower, and divert, if possible, the noise of the Popish Plot; or else to cover the duke of York from the resentment of the commons, and the general indignation of the people." Kennet.

proclamation notice was given of his majesty's firmed, that he was in Staffordshire all the intentions of calling another parliament to month of August last, a time when Oates's meet the 6th of March following. evidence made him in London. He proved PRINCIPAL OCCURRENCES AFTER THE DISSO- his assertion by good evidence, and would LUTION-TRIAL OF COLEMAN AND IRE- have proved it by undoubted, had he not, most LAND-NEW ELECTIONS--DUKE OF iniquitously, been debarred, while in prison, MONMOUTH-DUKE OF YORK RETIRES from all use of pen, ink, and paper, and denied TO BRUSSELS.] "Thus catne to a period the liberty of sending for witnesses. All these a parliament," says Mr. Hume," which had men, before their arraignment, were condemnsitten during the whole course of this reign, one ed in the opinion of the judges, jury, and specyear excepted. Its conclusion was very different tators; and to be a Jesuit, or even a catholic, from its commencement. Being elected dur- was of itself a sufficient proof of guilt. The ing the joy and festivity of the restoration, it chief justice, in particular, gave sanction to all consisted almost entirely of royalists; who the narrow prejudices and bigoted fury of the were disposed to support the crown by all the populace. Instead of being counsel for the liberality which the habits of that age would prisoners, as his office required, he pleaded the permit. Alarmed by the alliance with France, cause against them, brow-heat their witnesses, they gradually withdrew their confidence from and on every occasion represented their guilt the king; and finding him still to persevere in as certain and uncontroverted. He even went a foreign interest, they proceeded to discover so far as publickly to affirm, that the papists symptoms of the most refractory and most jea-had not the same principles which protestants lous disposition. The popish plot pushed them have, and therefore were not entitled to that beyond all bounds of moderation; and before common credence, which the principles and their dissolution, they seemed to be treading practices of the latter call for. And when the fast in the footsteps of the last long parliament, jury brought in their verdict against the pri on whose conduct they threw at first such vio-soners, he said, You have done, gentlemen, lent blame. In all their variations, they had still followed the opinions and prejudices of the nation; and ever seemed to be more governed by humour and party-views than by public interest, and more by public interest than by any corrupt or private influence. During the sitting of the parliament, and after its prorogation and dissolution, the trials of the pretended criminals were carried on; and the courts of judicature, places which, if possible, ought to be kept more pure from injustice than even national assemblies themselves, were strongly infected with the same party-rage and bigoted prejudices. Coleman, the most obnoxious of the conspirators, was first brought to his trial. His letters were produced against him. They contained, as he himself confessed, much indiscretion: but, unless so far as it is illegal to be a zealous catholick, they seemed to prove nothing criminal, much less treasonable, against him. Oates and Bedloe deposed, that he had received a commission, signed by the superior of the Jesuits, to be papal secretary of state, and had consented to the poisoning, shooting, and stabbing of the king he had even, according to Oates's deposition, advanced a guinea to promote those bloody purposes. These wild stories were confounded with the projects contained in his letters; and Coleman received sentence of death. The sentence was soon after executed upon him. He suffered with calmness and constancy, and to the last persisted in the strongest protestations of his innocence. Coleman's execution was succeeded by the trial of father Ireland: who, it is pretended, had signed, together with fifty Jesuits, the great resolution of murdering the king. Grove and Pickering, who had undertaken to shoot him, were tried at the same time. The only witnesses against the prisoners were still Ŏates and Bedloe. Ireland af

:

like very good subjects, and very good Christians, that is to say, like very good protestants and now much good may their 30,000 masses do them: Alluding to the masses by which Pickering was to be rewarded for murdering the king. All these unhappy men went to execution, protesting their innocence; a circumstance which made no impression on the spectators. (1679. 14th Jan.) The opinion, that the Jesuits allowed of lies and mental reservations for promoting a good cause, was at this time so universally received, that no credit was given to testimony delivered either by that order, or by any of their disciples. It was forgotten, that all the conspirators engaged in the gun-powder treason, and Garnet the Jesuit, among the rest, had freely on the scaf fold made confession of their guilt. Though Bedloe had given information of Godfrey's murder, he still remained a single evidence against the persons accused; and all the allurements of profit and honour, had not hitherto tempted any one to confirm the testimony of that informer. At last, means were found to complete the legal evidence. One Prance, a silversmith, and a catholic, had been accused by Bedloe of being an accomplice in the murder; and upon his denial had been thrown into prison, loaded with heavy irons, and confined to the condemned hole, a place cold, dark, and full of nastiness. Such rigours were supposed to be exercised by orders from the secret committee of lords, particularly Shaftesbury and Buckingham; who, in examining the prisoners, usually employed (as is said, and indeed sufficiently proved) threatenings and promises, rigour and indulgence, and every art under pretence of extorting the truth from them. Prance had not courage to resist, but confessed himself an accomplice in Godfrey's murder. Being asked concerning

1

tempest arise from such small and unaccountable beginnings. His life, if Oates and Bedloe's information were true, had been aimed at by the catholics: even the duke's was in danger: the higher, therefore, the rage mounted against popery, the more should the nation have been reconciled to these princes, in whom, it appeared, the church of Rome repos

the plot, he also thought proper to be acquaint- and the consternation, universally excited, ed with it, and conveyed some intelligence to proved an excellent engine for influencing the the council. Among other absurd circum- electors. All the zealots of the former parliastances, he said, that one le Fevre bought a ment were re-chosen: new ones were added: second-hand sword of him; because he knew the presbyterians, in particular, being transnot, as he said, what times were at hand: and ported with the most inveterate antipathy Prance expressing some concern for poor against popery, were very active and very suctradesmen if such times came, le Fevre replied, cessful in the elections. That party, it is said, that it would be better for tradesmen if the first began at this time the abuse of splitting catholic religion were restored: and particu- their freeholds, in order to multiply votes and larly, that there would be more church work electors. By accounts, which came from every for silversmiths. All this information with part of England, it was concluded, that the new regard to the plot, as well as the murder of representatives would, if possible, exceed the Godfrey, Prance solemnly retracted, both be- old in their refractory opposition to the court, fore the king and the secret committee: but and furious persecution of the catholics.—The being again thrown into prison, he was in-king was alarmed, when he saw so dreadful a duced, by new terrors and new sufferings, to confirm his first information, and was now produced as a sufficient evidence. Hill, Green, and Berry, were tried for Godfrey's murder; all of them men of low stations. Hill was servant to a physician: the other two belonged to the popish chapel at Somerset-house. It is needless to run over the particulars of a long trial, it will be sufficient to say, that Bedloe's evidenceed no confidence. But there is a sophistry and Prance's, were in many circumstances which attends all the passions; especially totally irreconcilable; that both of them labour- those into which the populace enter. Men ed under unsurmountable difficulties, not to say gave credit to the informers, so far as concerngross absurdities; and that they were invali-ed the guilt of the catholics: but they still redated by contrary evidence, which is altogether tained their old suspicions, that these religionconvincing. But all was in vain: the prisoners ists were secretly favoured by tlle king, and were condemned and executed (Feb. 21st and had obtained the most entire ascendant over 28th). They all denied their guilt at their his brother. Charles had too much peneexecution; and as Berry died a protestant, tration not to see the danger, to which the this circumstance, was regarded as very consi- succession, and even his own crown and digderable: but, instead of its giving some check nity, now stood exposed. A numerons party, to the general credulity of the people, men he found, was formed against him; on the were only surprised, that a protestant could be one hand, composed of a populace, so creduinduced at his death to persist in so mani-lous from prejudice, so blinded with religious fest a falsehood.-As the army could neither be kept up, nor disbanded, without money, the king, how little hopes soever he could entertain of more compliance, found himself obliged to summons a new parliament. The blood, already shed on account of the popish plot, instead of satiating the people, served only as an incentive to their fury; and each conviction of a criminal was hitherto regarded as a new proof of those horrible designs imputed to the papists. This election is perhaps the first in England which, since the commencement of the monarchy, had been carried on by a violent contest between the parties, and where the court interested itself, to a high degree, in the choice of the national representatives. But all its efforts were fruitless, in opposition to the torrent of prejudices which prevailed. Religion, liberty, property, even the lives of men were now supposed to be at stake; and no security, it was thought, except in a vigilant parliament, could be found against the impious and bloody conspirators. Were there any part of the nation, to which the ferment, occasioned by the popish plot, had not as yet propagated itself; the new elections, by interesting the whole people in public concerns, tended to diffuse it into the remotest corner;

antipathy, as implicitly to believe the most palpable absurdities; and conducted, on the other hand, by leaders so little scrupulous, as to endeavour, by encouraging perjury, subornation, lies, impostures, and even by shedding innocent blood, to gratify their own furious ambition, and subvert all legal authority. Roused from his lethargy by so imminent a peril, he began to exert that vigour of mind, of which, on great occasions, he was not destitute; and without quitting in appearance his usual facility of temper, he collected an industry, firmness, and vigilance, of which he was believed altogether incapable. These qualities, joined to dexterity and prudence, conducted him happily through the many shoals which surrounded him; and he was at last able to make the storm fall on the heads of those who had blindly raised, or artfully conducted it.— One chief step which the king took towards gratifying and appeasing his people and parliament, was, desiring the duke to withdraw beyond sea, that no farther suspicion might remain of the influence of popish counsels. The duke readily complied; but first required an order for that purpose, signed by the king; lest his absenting himself shoud be interpreted as a proof of fear or of guilt. He also desired,