ment, which the commons cannot consent to of making abatements, and it might be of fatal 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 banishment 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." An Address for a Proclamation to apprehend the Earl of Danby.] Upon the reading of this Paper, they immediately resolved, "That an Address be presented to his majesty that he would issue out his royal proclamation for apprehending of Tho. earl of Danby; and to cominand 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." 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 earl of Huntingdon managed for the house of peers, and what he delivered 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 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 ther 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 Bal with all expedition. He owned the cogency of the commons reasons, and therefore the lords were content to make the Bill absolute, without giving the lord Danby any day to appear, and the penalties to continue. He observed, that, by the passing of this Bill, he would not only be ruined, together with his family, but likewise those acquisitions which he got by the marriage into a noble family, would be lost. And if the commons would have any other pe nalties 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 points; the first was, That Impeachments 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." The earl of Shaftesbury, now in a way of preferment in court, declared, "They were as willing to be rid of the earl 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 confiscation of estate, loss of honours, | &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, it 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. 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 bar, 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 lowed, 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 heing 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 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 Auswers 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 Jour-ingly. nals 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. 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 Impeachinents, and give in their Report accord The King's Speech to the Parliament, on declaring a new Privy-Council.] April 21. Ilis 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 bis 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 dedared 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 cominons seither 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 per fect 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. Shaftsbury 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. ་ desired their lordships would appoint a short | sons that would subvert our religion, which the day for the said peers to put in their effectual very gates of Hell cannot prevail against.' I Answers.-The 25th, the lords, by Message, think it not safe to let the duke be out of the acquainted the house, that the earl of Danby nation. I would address the king, therefore, had put in his Plea, and the lord Bellasis his to let him see how much it is for his interest to Answer, in person, at the bar of the lords; persuade the duke to be a Protestant, and to which said Plea, and Answer, the lords sent order the duke to return into England. down at the same time, desiring they might be returned with all convenient speed. 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 our 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 arc 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 will never be quiet, but be always making attempts upon the king's person. What has Mr. Harbord. Mr. Speaker, these several been transacted lately by lord Danby, in bavthings 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 long. The way to do it, is to take away those 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, has to inherit my estate after me. Therefore I desire that by some law we may have power to arm ourselves against him, if he would bring in Popery amongst us. If the king have a son 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 compassion for the kingdom too. I move therefore, That a Bill may be brought in, that at the fall of the king by any violent stroke (which God forbid !) no person come to the | 1. Prosecution of the Plot. 2. Disbanding of crown of England till that be examined.' Mr. Sacheverell. Now a Bill has been moved, pray make it effectual. It was moved, to banish the papists 20 miles from London, and every one of them not to stir 5 miles from home.' Sir Fr. Russel. I move for an explanatory vote, That the duke of York is the occasion of all these jealousies of the papists; and so have the lords concurrence to it, and then you will have some ground to go upon. Lord Russel. I think we are but trifling hitherto. If we do not something relating to the succession, we must resolve, when we have a prince of the popish religion, to be papists, or burn. And I will do neither. We see now, by what is done under a protestant prince, what will be done under a popish. This is the deciding day betwixt both religions. I am transported, I confess, both with spiritual and temporal concerns. I have abbey-lands, but I protest before God and man, I could not be more against popery than I am, bad I none. I despise such a ridiculous and nonsensical religion-A piece of wafer, broken betwixt a priest's fingers, to be our Saviour! And what becomes of it when eaten, and taken down, you know. The king, I believe, will do his part in this matter, if we do ours. In the last parliament, I moved something of this nature, which was not a house to do great things; but I hope this house will neither be bribed, corrupted, nor cajoled, nor feasted, into the giving up the grand concerns of our Religion and Property. Therefore I desire That a committee may be appointed to draw up a Bill to secure our Religion and Properties in case of a Popish Successor.' Mr. Hampden. I shall humbly propose, that this may be the question, viz. "That the duke of York being a papist, and the hopes of his coming such to the Crown, have given the greatest countenance and encouragement to the present Conspiracies and Designs of the Papists against the king, and the Protestant Religion." Which Question passed nem. con.; and the lords concurrence was desired to it *. April 28. The commons resolved, "That a Message be sent to the lords, to desire their lordships to demand of the earl of Danby, Whether he will rely upon, and abide by the plea of his pardon." The King's second Speech to both Houses relative to the Succession.] April 30. The king came to the house of peers, and made this short Speech to both houses: "My lords and gentlemen; The season of the year advancing so fast, I thought it necessary to put you in mind of three particulars: * Mr. Sidney says, "That the lords gave their consent to it, with the addition of the word unwillingly;' that is to say, that the duke, being a papist, had made hiin unwillingly the occasion of the plot.'" the Army. 3. Providing a Fleet for our common Security. And to shew you, that, whilst you are doing your parts, my thoughts have not been misemployed; but that it is my constant care to do every thing that may preserve your Religion, and secure it for the future in all events; I have commanded my Lord Chancellor to mention several Particulars, which I hope will be an evidence that in all things that concern the public Security I shall not follow your zeal, but lead it." The Lord Chancellor's second Speech.] Then the Lord Chancellor spake as followetb "My lords; and you the knights, citizens, and burgesses of the house of commons; That royal care which his majesty hath taken, for the general quiet and satisfaction of all his subjects, is now more evident, by these new and fresh instances of it which I have in command to open to you. His maj. hath considered with himself, that 'tis not enough that your Religion and Liberty is secure during his own reign; but he thinks, he owes it to his people, to do all that in him lies, that these blessings may be transmitted to your posterity, and so well secured to them, that no succession in after-ages may be able to work the least alteration.—And therefore his majesty, who hath often said in this place, That he is ready to consent to any laws of this kind, so as the same extend not to alter the descent of the crown in the right line, nor to defeat the Succession,' hath now commanded this to be further explained.—And, to the end it may never be in the power of any Papist, if the crown descend upon him, to make any change either in church or state, I am commanded to tell you, that his maj, is willing that provision may be made; first, to distinguish a Popish from a Protestant Successor; then, so to limit and to circumscribe the authority of a popish successor, in these cases following, that he may be disabled to do any harm.-First, in reference to the Church, his maj. is content, that care be taken, that all ecclesiastical and spiritual benefices and promotions, in the gift of the crown, may be conferred in such a manner, that we may be sure the incumbents shall always be of the most pious and learned protestants; and that no popish successor, while he continues so, may have any power to controul such presentments. In reference to the State, and civil part of the government; as it is already provided, that no papist can sit in either house of parliament; so the king is pleased, that it be provided too, That there may never want a parlia ment, when the king shall happen to die; but that the parliament then in being may continue indissoluble for a competent time; or if there be no parliament in being, then the last parlisment which was in being before that time may re-assemble, and sit a competent time, without any new summons or elections.—And as no Papist can by law hold any place of trust; so the king is content, that it may be further provided, That no lords or others of the privy |