AN IMPARTIAL ACCOUNT OF Divers Remarkable Proceedings The last Sessions of PARLIAMENT Relating to the Horrid Popish Plot, &c, (VIZ.) The Manner of Choosing their SPEAKER.

The Speeches of divers Worthy MEMBERS, relating to that.

The Vote of the House at large in Defence of the King and the Protestant Religion.

The Articles of Impeachment against the Five Lords in the TOWER.

The Articles of Impeachment against Thomas Earl of Danby, and his Letter.

The Earl of Danby's Pardon and Plea.

The Reason and Narrative of the Proceedings betwixt the Two Houses of Parliament concerning the Lords in the TOWER, &c.

The Proceedings of the House of Lords, concerning the Lords in the TOWER, and the Names of those Lords that Entred their Protest.

A Copy of the Bill relating to the DUKE of YORK.

A Copy of a SPEECH upon the Reading of the same (Being not in any other.)

The Earl of Shaftsbury's SPEECH in the House of Lords.

Mr. Powel's SPEECH concerning the Earl of Danby.

Mr. Palme's REPORT about the Temporary Laws.

With an Address against the Duke of Lauderdale, (never before Printed.)

LONDON, Printed in the Year 1679.

Articles of Impeachment of High Treason, and other high Crimes and Offences against William Earl of Powis, William Viscount Stafford, Henry Lord Arundel of Wardour, William Lord Petre, and John Lord Bellasis, now Prisoners in the Tower.

THat for many years now last past, there hath been contrived and carried on a Traiterous and Execrable Conspiracy and Plot within this Kingdom of England, and other places, to alter, change, and sub­vert the Ancient Government and Laws of this Kingdom and Nation, and to suppress the true Religion therein established, and to extirpate and destroy the Professors thereof; which said Plot and Conspiracy was contrived and carryed on in divers places, and by several ways and means, and by a great number of Persons of several Qualities and Degrees, who acted therein, and intended to execute and accomplish the aforesaid Wicked and Traiterous Designs and Purposes.

That the said William Earl of Powis, William Viscount Stafford, Henry Lord Arundel of Wardour, William Lord Petre, and John Lord Bellasis, together with Philip Howard, commonly called Cardinal of Norfolk, Thomas White alias Whitebread, commonly called Provincial of the Jesuits in England, Richard Strange, late Provincial of the Jesuits in England, Vincent, commonly called Provincial of the Dominicans in England, James Corker, commonly called President of the Benedictins, Sir John Warner alias Clare, Baronet, William Harcourt, John Keines, Nicholas Blundel, Pole Edward Mico, Thomas Beddingfield alias Benifield, Bazill Langworth, Charles Peters, Richard Peters, John Conyers, Sir George Wakeman, John Fenwick, Dominick Kelly, Fitz-Gerald, Evers, Sir Thomas Preston, William Lovell Jesuits, Lord Baltamore, John Carrel, John Townely, Richard Langhorn, William Foggarty, Thomas Pèany, Matthew Medbourn, Edward Cole­man, William Ireland, John Grove, Thomas Pickering, John Smith, and divers others, Jesuits, Priests and Fryars, and others persons, as false Traitors to His Majesty and this Kingdom, within the time aforesaid have Traytorously consulted, contrived and acted to and for the accomplishing of the said wicked, pernicious, and Traitorous Designs, and for that end did most wickedly and Traytorously agree, conspire and resolve to Imprison, depose, and murther His Sacred Majesty, and to deprive him of His Royal State, Crown and Digni­ty, and by malicious and advised speaking, writing and otherwise, declared such their Purposes and Intentions.

And also to subject this Kingdom and Nation to the Pope and his Tyrannical Government.

And to seize and share amongst themselves the Estates and Inheritances of His Majesty's Protestant Subjects.

And to erect and restore Abbies, Monasteries, and other Covents and Societies, which have been long since by the Laws of this Kingdom supprest for their Superstition and Idolatry, and to deliver up and restore to them the Lands and Possessions now invested in His Majesty and His Subjects by the Laws and Statutes of this Realm.

And also to Found and Erect new Monasteries and Convents, and to remove and deprive all Protestant Bishops and other Ecclesiastical Persons from their Offices, Benefices, and Preferments; and by this means to destroy His Majesties Person, extirpate the Protestant Religion, overthrow the Rights, Liberties, and Properties of all His Majesties good Subjects, subvert the lawful Government of this Kingdom, and subject the same to the Tyranny of the See of Rome.

That the said Conspirators and their Complices and Confederates Trayterously had, and held, several Meet­ings, Assemblies, and Consultations, wherein it was contrived and designed amongst them what means should be used, and what Persons and Instruments should be employed to murder His Majesty; and did then and there resolve to effect it by Poysoning, Shooting, Stabbing, or some such like ways and means; and offered Rewards and Promises of Advantage to several Persons to execute the same, and hired and employed seve­ral [Page 4] wicked Persons to go to Windsor and other places where His Majesty did reside, to murder and destroy His Majesty: which said Persons, or some of them, accepted such Rewards, and undertook the perpetrating thereof, and did actually go to the said places for that end and purpose.

That the said Conspirators, the better to compass their Trayterous Designs, have consulted to raise and have procured and raised Men, Money, Horses, Arms and Ammunition; and also have made application to, and treated and corresponded with the Pope, his Cardinals, Nuncios, and Agents, and with other Foreign Mi­nisters and Persons to raise Tumuls within this Kingdom, and to Invade the same with Foreign Forces, and to surprize, seize, and destroy His Majasties Navy, Forts, Magazines, and places of strength within this King­dom: Whereupon the Calamities of War, Murders of Innocent Subjects, Men, Women, and Children; Burnings, Rapines, Devastations, and other dreadful miseries and mischiefs must inevitably have ensued, to the ruine and destruction of this Nation.

That the said Conspirators have procured, accepted, and delivered out several Instruments, Commissions, and Powers made and granted by, or under the Pope, or other unlawful and usurping Authority, to raise and dispose of men, Money, Arms, and other things necessary for their wicked and Trayterous Designs, and namely, a Commission to the said Henry Lord Arundel of Wardour, to be Lord High Chancellor of England, to the said William Earl of Powis, to be Lord Treasurer of England: Another Commission to the said John Lord Bellasis to be General of the Army to be raised, and the said William Lord Petre to be Lieutenant Ge­neral of the said Army, and a Power to the said William Viscount Stafford to be Pay-master of the Army: That in order to encourage themselves in prosecuting their said wicked Plots, Conspiraces, and Treasons, and to hide and hinder the discovery of the same: and to secure themselves from Justice and punishment, the Conspirators aforesaid, and Confederates, have used many wicked and Diabolical Practises, (viz.) They did cause their Priests to Administer to the said Conspirators an Oath of Secrecy, together with their Sacrament; and also did cause their said Priests upon Confessions to give their Absolutions, upon condition that they should conceal the said Conspiracy.

And when about the Month of September last Sir Edmundbury Godfrey, a Justice of Peace, had, according to the Duty of his Oath and Office taken several Examinations and Informations concerning the said Con­spiracy and Plot, the said Conspirators, or some of them, by Advice, assistance, Counsel and Instigation of the rest, did incite and procure divers persons to lye in wait and pursue the said Sir Edmumdbury Godfrey seve­ral dayes, with intent to murther him, which at last was perpetrated and effected by them; for which said horrid Crimes and Offences Robert Green, Henry Berry, and Lawrence Hill, have since been attainted, and Dominick Kelly, and Gerald, and others, are fled for the same.

After which Murther, and before the Body was found, or the Murther known to any but Complices therein, the said persons falsly gave out that he was alive and privately married; and after the Body was found, dispersed a false and malitious Report that he had murthered himself.

Which said Murther was committed with design to stifle and suppress the Evidence he had taken, and had knowledge of, and to discourage and deter Magistrates, and others, from acting in the further discovery of the said Plot and Conspiracy, for which end also the said Sir Edmundbury Godfrey while he was alive, was by them, their Complices, and Favorites, threatned and discouraged in his proceedings about the same.

And of their further malice they have wickedly contrived by many false suggestions, to lay the imputation and guilt of the aforesaid horrid and detestable Crimes upon the Protestants, that so thereby they might escape the Punishments they have justly deserved, and expose the Protestants to great scandal, and subject them to Persecution and Oppression in all Kingdoms and Countries where the Roman Religion is received and pro­fessed.

All which Treasons, Crimes, and Offences above-mentioned, were contrived, committed, perpetrated, acted, and done by the said William Earl of Powis, William Lord Viscount Stafford, Henry Lord Arundel of Wardour, William Lord Petre, and John Lord Bellasis, and every of them, and others the Conspirators afore­said, against our Soveraign Lord the King, His Crown and Dignity, and against the Laws and Statutes of this Kingdom.

Of all which Treasons, Crimes, and Offences, the Kinghts Citizens and Burgesses in Parliament assembled, do in the Name of themselves, and of the Commons of England, Impeach the said William Earl of Powis, Wil­liam Viscount Stafford, Henry Lord Arundel of Wardour, William Lord Petre, and John Lord Bellasis and every of them.

And the said Commons by Protestation, saving to themselves that liberty of exhibiting at any time here­after any other Accusations or Impeachments against the said William Earl of Powis, William Viscount Stafford, Henry Lord Arundel of Wardour, William Lord Petre, and John Lord Bellasis, and every of them, and also of replying to the Answers which they and every of them make to the Premises, or any of them, or to any other Accusation or Impeachment which shall be by them exhibited (as the cause according to course and proceedings of Parliament shall require) do pray that the said William Earl of Powis, William Viscount Stafford, Henry Lord Arundel of Wardour, William Lord Petre, and John Lord Bellasis, and every of them, may be put to answer all and every of the Prem [...]ses, and that such Proceedings, Examinations, Tryals, and Judgments may be upon them, and every of them, had and used, as shall be agreeable to Law and Justice, and Course of Parliament.

R [...]solved that the said Articles be ingrossed.

The Pardon of Thomas Earl of Danby, with his Plea to the Articles of Impeachment, and other high Crimes and Misdemeanors, &c. Exhibited against him, &c.

CHARLES the Second, by the Grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, &c. To all to whom these our Letters-pattents shall come, sendeth Greeting. Know ye, That We for divers good Causes and Considerations Us hereunto especially moving, have out of Our special Favour, certain Knowledge, and meer Motion of Our own, Pardoned, Remitted, and Released, and by these Presents for Us, Our Heirs, and Successors, do pardon, remit, and release to Our Well-beloved and Right-trusty Cosin and Counsellor, Thomas Earl of Danby, all, and all manner of Treasons, as well High Treason, as Misprisions of Treason, Insurrections, revealing of Councils, Misprisions, Confederations, Concealments, Neglects, Omissions, Offences, Crimes, Contempts, Misdeeds, and Transgressions whatsoever, by himself alone, or with any other person or persons, or by any other, or others, by the Command, Advice, Assent, Consent, or Procurement of the said Thomas Earl of Eanby, advised, commanded, attempted, done, performed, concealed, committed, or omitted, before the 27th day of February now last past; although the Premises, or any of them touch, or may touch Our Person, or Our publick Negotiations whatsoever, or Our Transactions with Foreign Embassadors un­to Us sent; or for not right following Our Instructions and Mandates to Our own Embassadors resident on Our behalf in foreign parts beyond the Seas: And also all and singular Accessaries to the Premises, or any of them, al­though the said Thomas Earl of Danby be Indicted, Impeached, Appealed, Arrested, Convict, Adjudged, or as Em­bassador Condemned, or be, or be not attainted of the premises, or any of them; And all and every Indictments, Impeachments, Inquisitions, Informations, Judgements to be required, Attainders, Outlawries, Convictions, Pe­nalties of death, corporal punishments, Imprisonments, Forfeitures, Sufferings, together with all other pains and penalties whatsoever, for the same, or any of them; and all, and all manner of Suits, Complaints, Impeachments, and Demands whatsoever, which We against the said Thomas Earl of Danby, by reason of the premises, or any of them, have had, now have, or hereafter may have, or which Our Heirs or Successors in any manner may have hereafter; together with any Suit for breach of Our peace, which to Us, Our Heirs or Successors, against the said Thomas Earl of Danby doth or may belong, by reason or occasion of the premises, or some or any of them, We do for ever Indemnifie him. Moreover, We give and grant by these presents, and it is Our further will and pleasure, that these Our Letters, and this Our Pardon, Remission and Release therein contained, as to all and sin­gular the things above pardoned, remitted, and released, be, and shall be good and effectual in Law, although the Treasons, High-Treasons, Misprisions of Treasons, Insurrections, Rebellions, Felonies, Extortions, Oppressions, betraying of Counsels, Confederacies, Concealments, Negligences, Omissions, Offences, Crimes, Contempts, Mis­demeanors, and Transgressions aforesaid, be not fully specifi'd. And notwithstanding the Statute of Richard the second late of England King, in the 13 year of his Reign made and provided. And notwithstanding the Sta­tute by the Parliament of Edward the third late King of England, in the 14 year of his Reign made and provi­ded; or any other Statute, Act, or Ordinance to the contrary heretofore published and provided. And more­over, of Our abundant Grace, We do strictly command all Judges, Justices, or others whosoever, that this pre­sent Letter, with Our general Pardon, and general words, clauses and sentences abovesaid, shall be construed, ex­pounded, and adjudged, in all our Courts, and elsewhere, in the most beneficial, most ample, and most favourable sence, and for the greatest and firmest discharge of the aforesaid Thomas Earl of Danby, of, and from the Crimes and Offences aforesaid, according to Our true intention, and in so beneficial a manner and form, and to all in­tents and purposes, so as if the said Treasons, High-Treasons, Misprisions of Treason, Crimes, Offences, Omissions, Contempts, Concealments, Negligence, and Transgressions aforesaid, and other the premises, had been by apt, express, and special words, pardoned, remitted, and released. And that these Letters-patents, Remission, Re­lease and Pardon, with all things therein contain'd, in whatsoever Courts, and before whatsoever Our Justices, shall be pleaded and allowed, without any Writ of Allowance: Any thing, cause, or matter whatsoever, in any wise notwithstanding. In witness whereof, We have caused these Our Letters-patents to be made. Witness Our Self at Westminster the first day of March, in the 31 year of Our Reign.

The Plea of the Earl of Danby, late Lord High Treasurer of England, to the Articles of Impeach­ment, and other high Crimes, and Misdemeanours, and Offences, Exhibited against him, by the name of Thomas Earl of Danby, Lord High Treasurer of England.

THe said Earl for Plea saith, and humbly offereth to your Lordships, as to all and every the Treasons, Crimes, Misdemeanors and Offences contained or mentioned in the said Articles; That after the said Articles exhi­bited, namely the first of March now last past, the Kings most Excellent Majestie, by His most gracious Letters-patents of Pardon under His Great Seal of England, bearing date at Westminster the said first day of March in the One and thirtieth year of His Majesties Reign, and here into this most High and Honourable Court produced under the said Great Seal, of His special grace, certain knowledge, and meer motion, hath Pardoned, Remised, and Released to him the said Thomas Earl of Danby all and all manner of Treasons, Misprisions of Treasons, In­surrections, Rebellions, Felonies, Exactions, Oppressions, publications of words, Misprisions, Confederacies, Con­cealments, Negligences, Omissions, Offences, Crimes, Contempts, Misdemeanours and Trespasses whatsoever, by himself alone, or with any other person or persons; or by other, by the command, advice, assent, consent, or pro­curement of him the said Tho. E. of D. advised, committed, attempted, made, perpetrated, concealed, committed or omitted, before the 27 day of Febr. then and now last past, being also after the time of the said Articles exhi­bited, although the said premises, or any of them, did or should touch or concern the person of his said Majestie, or any of His publike Negotiations whatsoever, and also His Majesties affairs with foreign Ambassadours sent to [Page 6] His said Majestie; or by not rightly prosecuting His Majesties Instructions and Commands to His Ambassadours re­siding on His Majesties behalf in foreign parts; and as to all and singular Accessaries to the said premises, and every of them, although he the said Thomas Earl of Danby were, or were not of the said premises, or any of them indicted, impeached, appealed, accused, convicted, adjudged, out-law'd, condemned, or attainted; and all and singular Indictments, Impeachments, Inquisitions, Informations, Exigents, Judgments, Attainders, Outlaries, Convictions, pains of Death, Corporal punishments, Imprisonments, Forfeitures, Punishments, and all other Pains and Penalties whatsoever, for the same, or any of them; and all, and all manner of Suits, Complaints, Impeach­ments, and Demands whatsoever, which His said Majesty by reason of the premises, or any of them then had, or for the future should have, or his Heirs or Successors any way could have afterwards against him the said Thomas Earl of Danby; And also Suit of His Majesties Peace, and whatsoever to his Majesty, his Heirs, or Successors, a­gainst him the said Earl of Danby, did or could belong, by reason or occasion of the premises, or any of them. And His Majesty hath thereby given and granted his firm Peace to the said Thomas Earl of Danby. And further, His Majesty willed and granted, that the said Letters-patents, and the said Pardon and Release therein contained, as to all the things therein pardoned and released, should be good and effectual in the Law, although the Trea­sons, Misprisions, of Treasons, Insurrections, Rebellions, Felonies, Exactions, Oppressions, publications of Words, Misprisions of Confederacies, Concealments, Negligences, Omissions, Offences, Crimes, Contempts, Misdemeanours, and Trespasses, were not certainly specified. And notwithstanding the Statute in the Parliament of the Lord Ri­chard the 2d. late King of England, in the 13th year of his Reign made and provided. And notwithstanding the Statute in the Parliament of the Lord Edward the 3d. in the 14th year of his Reign made and provided; or any other Statute, Act, or Ordinance to the contrary thereof made and provided. And moreover, His said now Ma­jesty by His said Letters-patents, of his further Grace, did firmly command all and singular Judges, Justices, Officers, and others whomsoever, That the said free and general Pardon of His said Majesty, and the general Words, Clau­ses, and Sentences abovesaid, should be construed, expounded, and adjudged in all His said Majesties Courts, and elsewhere, in the most beneficial, ample, and benign sence.

And for the better and more firm Discharge of the said Earl, of, and from the Crimes and Offences aforesaid, according to the true intents of His Majesty, and in such beneficial manner and form, to all intents and purposes whatsoever, as if the said Treasons, Crimes, Offences, Concealments, Negligences, Omissions, Contempts, and Trespasses aforesaid, and other the said premises, by apt, express, and special Words had been remitted, released, and pardoned. And that the said Letters-patents of Pardon, and the Release and Pardon therein contained, shall be pleaded and allowed in all and every His Majesties Courts, and before all His Justices whatsoever, without any Writ of Allowance; any matter, cause, or thing whatsoever in any ways notwithstanding; as by the said Letters­patents themselves more at large appeareth: which said Letters-patents follow in these words:

CAROLƲS Secundus Dei Gratia Angliae, Scotiae, Franciae, & Hiberniae, Rex, Fidei Defensor, &c. Omnibus ad quos praesentes literae nostrae pervenerint, Salutem. Sciatis Quod Nos pro diversis bonis causis & considerationibus nos ad hoc specialiter movent, de Gratia Nostra speciali, ac ex certa scientia, & mero motu Nostris, Pardonavimus & Relaxavimus, &c.

And the said Earl doth aver, That he the said Thomas Earl of Danby, in the said Articles named, is the said Tho­mas Earl of Danby in the said Letters-patents of pardon here produced likewise named. Which Pardon the said Earl doth rely upon, and pleaded the same in Bar of the said Impeachment, and in discharge of all the Treasons, Crimes, Misdemeanours, and Offences contained or mentioned in the said Articles of Impeachment, and every of them: And this the said Earl is ready to aver.

Whereupon he humbly prays the Judgments of your Lordships, and that His Majesty's most gracious Pardon a­foresaid may be allowed. And that he the said Earl by virtue hereof, may be (from all the said Articles of Impeachment, and all and every of the Treasons and Crimes therein alleadged against him) acquitted and discharged.

Articles of Impeachment of High-Treason, and other high Crimes, Misdemeanours, and Offences, against Thomas Earl of DANBY Lord High Treasurer of England; as they were delivered in to the House of Lords in the Name of the Commons of England, by Sir Henry Capel, De­cember 23. 1678. Together with a Letter of the Lord Treasurers to Mr. Montague, late Embassadour in France.

I.

THat he hath Traiterously encroacht to himself Regal power, by treating in matters of Peace and War with foreign Ministers and Embassadours, and giving Instructions to His Majesties Embassadours abroad, without communicating the same to the Secretaries of State, and the rest of his Majesties Council, against the express Declaration of His Majesty and his Parliament, thereby intentending to defeat and overthrow the provision that has been deliberately made by His Majesty and his Parliament for the safety and preservation of His Majesties Kingdoms and Dominions.

II.

That he hath Traiterously endeavoured to subvert the Ancient and well-established Form of Government in this Kingdom, and instead thereof, to introduce an Arbitrary and Tyrannical way of Government: and the better to effect this his purpose, he did design the raising of an Army, upon pretence of a War against the French King and to continue the same as a Standing Army within this Kingdom; and an Army being so raised, and no War ensuing, an Act of Parliament having past to pay and disband the same, and a great sum of money being granted [Page 7] for that end, he did continue the Army, contrary to the said Act, and mis-employed the said Money given for the disbanding, to the continuance thereof, and Issued out of His Majesties Revenues great sums of money for the said purpose, and wilfully neglected to take Security of the Pay-masters of the Army, as the said Act required; whereby the said Law is eluded, and the Army is yet continued, to the great danger and unnecessary charge of His Majesty and the whole Kingdom.

III.

That he Traiterously intending and designing to alienate the hearts and affections of His Majesties good Sub­jects from His Royal Person and Government, and to hinder the meeting of Parliaments, and to deprive His Sa­cred Majesty of their safe and wholsom Counsel, and thereby to alter the Constitution of the Government of this Kingdom, did propose and negotiate a Peace for the French King, upon tearms disadvantageous to the Interest of His Majesty and His Kingdoms; for the doing whereof, he did endeavour to procure a great sum of money from the French King, for enabling him to maintain and carry on his said Traiterous designs and purposes, to the hazard of His Majesties Person and Government.

IV.

That he is Popishly affected, and hath Traiterously concealed (after he had notice) the late horrid and bloody Plot and Conspiracy, contrived by the Papists against His Majesties Person and Government: and hath supprest the Evidence, and reproachfully discountenanced the Kings Witnesses in the Discovery of it, in favour of Popery, immediately tending to the destruction of the Kings Sacred Person, and the Subversion of the Protestant Religion.

V.

That he hath wasted the Kings Treasure, by Issuing out of His Majesties Exchequer several Branches of His Re­venue, for unnecessary Pensions, and Secret Services, to the value of 231602 l. within two years; and that he hath wholly diverted out of the known Method and Government of the Exchequer, one whole Branch of His Ma­jesties Revenue to private Uses, without any Account to be made of it to His Majesty in His Exchequer, contrary to the express Act of Parliament which granted the same; and he hath removed two of His Majesties Commis­sioners of that part of the Revenue, for refusing to consent to such his unwarrantable actings therein, and to ad­vance money upon that Branch of the Revenue for private Uses.

VI.

That he hath by Indirect means procured from His Majesty to himself, divers considerable Gifts and Grants of Inheritance of the Antient Revenue of the Crown, even contrary to Acts of Parliament.

For which matters and things, the Knights, Citizens and Burgesses of the Commons in Parliament, do in the name of themselves, and of all the Commons of England, Impeach the said Thomas Earl of Danby, Lord High Treasurer of England, of HIGH-TREASON, and other high Crimes, Misdemeanours, and Offences, in the said Articles contained: And the said Commons by Protestation, saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said Earl, and also of Replying to the An­swers, which the said Thomas Earl of Danby shall make to the Premises, or any of them, or any Impeachment or Accusation that shall be by them Exhibited, as the Cause (according to Course and Proceedings of Parliament) shall require; Do pray that the said Thomas Earl of Danby may be put to answer all and every the Premises, that such Proceedings, Trials, Examinations and Judgments may be upon them, and every one of them, had and used, as shall be agreeable to Law and Justice, and that he may be sequestred from Parliament, and forthwith commit­ted to safe Custody.

The Lord Treasurers Letter to Mr. Montague, the KINGS late Embassador in France, March 25. 1678.

My Lord,

SInce my writing to you by Mr. Brisban, the Resolves have been altered as to the sending you Instructions (as yet) for the proposing any thing to the French King: for the Particulars which will be consented to on the part of the Confederates, (and of which this is a Copy) will be communicated to you by Mr. Secretary Coventry; but you will have no other direction from him about them, but onely thereby to be enabled to find the Pulse of the King or his Ministers, at least against the time that you shall receive Orders to make the Proposals to him. That you may know from whence the nicety of that Affair proceeds, it is necessary to inform you, That for fear of its being ill resented by the Parliament here, the King will not make any Proposal at all of Peace, unless he shall be prest to it by the Confederates: And although by Mr. Godolphin, he is sufficiently informed, that they desire a Peace upon the Articles sent you by the Secretary, yet not having received that desire formally, the Council will not advise His Majesty to let His Embassador propose that which he is not formally impowred to make good; and so by staying for that formal Power, which by Letter His Majesty is sufficiently enabled to propose, the time will be lost for effecting the Peace, if at all it can be had. To supply this defect then, and to prevent the Kings sending again into Holland before he know the mind of France, I am commanded by His Majesty to let you know, that you are to make the Propositions inclosed to the King of France, and to tell him, the King will undertake for the seeing them made good on the part of Spain and Holland, in case they shall be accepted by him. And in your Answer you must write the same thing to the Secretaries, by way onely of having felt the King of France his Pulse, which you must do to the King as a full Answer from the King of France, and such an one as His Majesty may depend upon, whatever that shall be. For the more dextrous management of this Affair, the King is advised to shew these Propositions to Monsieur Berrillon, but not to give him a Copy; so that by the strength of memory it is expected he shall write to his Master, and by that means only are we to hope for an answer to a matter of this vast impor­tance and consequence. You may imagine what a satisfaction we are like to reap from it when it comes. I [Page 8] doubt not but by your Conduct, it will be brought to a speedy issue, which is of as great importance as the thing it self, there being no Condition worse for His Majesty, than his standing unresolved betwixt Peace and War. I find by Monsieur Berrillon, That it is like some places which are dependances upon greater Towns may be de­manded by the King of France; but if he intend a Peace, (which you will do very well to know his mind fully in) you may justly say, that you hope he will neither stand upon one single place; though a Fortified one, nor upon any place unfortifyed, which is a dependant upon those which are to be restored to Spain. And if any thing shall be moved about Sicily to remain in the French hands until the Peace of Sweden be concluded, you are onely to say, that you are not impowred to say any thing upon it: and you are confident the King hath done all he could to get the utmost conditions that would be consented to: Onely you are to say, the King hath again sent about Conde, not being well satisfied that they have not left in his power to give or refuse as he should have found it convenient, and hopeth still for some good Answer. In case the Conditions of Peace shall be accepted, the King ex­pects to have six Millions of Livres yearly, for three years, from the time that this Agreement shall be signed between His Majesty and the King of France: Because it will be two or three years before He can hope to find His Parliament in humour to give him Supplies, after the having made any Peace with France.

The Embassador here hath agreed to the sum, but not for so long a time. If you find the Peace will not be accep­ted, you are not to mention the money at all. And all possible care must be taken to have this whole Negoti­ation as private as possible, for fear of giving offence at home, when for the most part we hear in ten days af­ter, any thing that is communicated to the French Ministers. I must again repeat to you; that whatsoever you write on this Subject to the Secretary, (to whom you must not mention one syllable of the money) you must say onely as a thing you believe they will consent to, if you had power formally to make these demands. Pray inform your self of the bottom of what is to be expected from France, and assure them that you believe this will be the last time that you shall receive any Propositions of a Peace, if these be slighted, as indeed I believe it will, so that you may take your own Measures as well as the Kings upon it. I am

Your Excellencies most faithful and obedient Servant, DANBY.
March 25. 78.

POSTSCRIPT.

Now let it be noted, that this very Letter was writ by the Treasurer, in that very Session in the beginning whereof, (the better to perswade the Parliament that our Court did really intend to make a War against France) he caused to be written and published a Book entituled. Christianissimus Christianandus, in which he renders the French King as black as HELL it self. And after he had (by this and such like fallacies) prevailed with the Parliament to give money to raise so great a Naval and Land-Force, to make an actual War with France, (as the Title and Body of the Poll-Bill de­clares) He doth, as you see, but five days after the passing the same, in a clandestine way, (though to the violating the Roy­al Word and Faith of the Nation) labour to strike up a Peace, and obtain such vast sums of money from the French King, (whom he thought the terrour of our Arms would now oblige to grant any thing) as he might thereby be enabled to alter and change the Legal and Ancient Government of England, by laying aside Parliaments, (as ill-humoured things) and introducing an absolute power, by a fixed standing Army.

How well this man hath deserved of his Country, and whether the Justice of the Nation can be satisfied till he be made as great an Example in Punishment, as he hath been in Mischief, let all men judge.

Jovis 20 die Martii, 1678.

Resolved, Nemine contradicente, That a Message be sent to the Lords, to put them in mind of the Impeachment of High-Treason exhibited against Thomas Earl of Danby, in the name of the Commons of England, and to de­sire that he may be forthwith committed to safe custody.

Resolved, &c. That it be referred to the Committee of Secrecy, to draw up farther Articles against Thomas Earl of Danby.

Sabbati 22 die Martii, 1678.

Resolved, Nemine contradicente, That a Message be immediately sent to the Lords, to re-mind their Lordships of the last Message sent from this House, relating to Thomas Earl of Danby; and to demand that Thomas Earl of Dan­by may be forthwith sequestred from Parliament, and committed to safe custody.

Martis 25 die Martii, 1679.

A Message from the Lords by Baron Littleton and Baron Thurland.

Mr. Speaker, We are commanded by the Lords to acquaint this House, that they sent to apprehend Thomas Earl of Danby, both to his House here in Town, and to his House at Wimbolton; and that the Gentleman-Usher of the Black Rod had returned their Lordships answer, that he could not be found.

Veneris 4 die Aprilis, 1679.

Resolved, That an humble Address be made to His Majesty, to desire His Majesty to issue out His Royal Pro­clamation for the apprehending Thomas Earl of Danby, with the usual Penalties upon such as shall conceal him: and that His Majesty will be further pleased to give order to the Officers of His Majesties Houshold, that they take care that the said Earl of Danby be not permitted to reside within either of His Majesties Palaces of White-hall, Somerset-house, and St. James's. And it is referred to Mr. Powel, &c. to prepare and draw up the same, and pre­sent it to the House to morrow morning.

A COPY of the BILL concerning the D. of YORK.

FOrasmuch as these Kingdoms of England and Ireland, by the wonderful Providence of Almighty God, many years since have been delivered from the slavery and superstition of Popery, which had despoiled the King of his Sove­reign Power, for that it did and doth advance the Pope of Rome to a Power over Sovereign Princes, and makes him Monarch of the Universe, and doth withdraw the Subjects from their Allegiance, by pretended Absolutions from all for­mer Oaths and Obligations to their Lawful Sovereign, and by many Superstitions and Immoralities hath quite subverted the Ends of the Christian Religion: But notwithstanding that Popery hath been long since Condemned by the Laws and States of this Realm, for the detestable Doctrine, and Trayterous Attempts of its Adherents, against the Lives of their lawful Sovereigns, Kings and Queens of these Realms, yet the Emissaries, Priests, and Agents for the Pope of Rome resorting into this Kingdom of England in great numbers, contrary to the known Laws thereof, have for several years last past, as well by their own devilish Acts and Policies, as by Counsel and Assistance of Foreign Princes and Prelates, known Enemies to these Nations, contrived and carried on a most Horrid and Execrable Conspiracy to destroy and murder the Person of his Sacred Majesty, and to subvert the Ancient Government of these Realms, and to extirpate the Protestant Religion, and Massacre the true Professors thereof. And for the better effecting their wicked Designes, and encouraging their Villainous Accomplices, they have Trayterously seduced James Duke of York, presumptive Heir of these Crowns, to the Communion of the Church of Rome, and have induced him to enter into several Negotiations with the Pope, his Cardinals, and Nuncios, for promoting the Romish Church and Interest; and by his means and pro­curement, have advanced the Power and Greatness of the French King, to the manifest hazard of these Kingdoms, That by the Descent of these Crowns upon a Papist, and by Foreign Alliances and Assistance, they may be able to succeed in their Wicked and Villanous Designes.

And forasmuch as the Parliaments of England, according to the Laws and Statutes thereof, have heretofore, for great and weighty Reasons of State, and for the Publick Good and Common Interest of this Kingdom, directed and limited the Succession of the Crown in other manner than of course it would otherwise have gone; but never had such im­portant and urgent Reasons, as at this time press and require their using of their said extraordinary Power in that be­half. Be it therefore Enacted by the King's Most Excellent Majesty, by, and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons in this Parliament Assembled, and by the Authority of the same; and it is hereby Enacted accordingly, That James Duke of York, Albany, and Ʋlster, (having departed openly from the Church of England, and having publickly Professed and Owned the Popish Religion, which hath notoriously given Birth and Life to the most Damnable and hellish Plot, by the most gracious providence of God lately brought to light) shall be excluded and disabled, and is hereby excluded and disabled for ever from possessing, having, holding, inheriting, or en­joying the Imperial Crowns and Governments of this Realm, and these Kingdoms, and of all Territories, Countries, and Dominions now, or which shall hereafter be under His Majesties Subjection; and of and from all Titles, Rights, Prerogatives, and Revenues with the said Crowns, now, or hereafter to be enjoyed: And that upon the demise or death of his Majesty, without Heirs of his Body, (whom God long preserve) the Crowns and Governments of these Kingdoms, and all Territories, Countries, and Dominions now, or which shall hereafter be under His Majesties Sub­jection, with all the Rights, Prerogaties, and Revenues therewith of Right enjoyed, and to be enjoyed, shall devolve and come upon such Person who shall be next Lawful Heir of the same, and who shall have always been truly and pro­fessedly of the Protestant Religion now established by Law within this Kingdom, as if the said Duke of York were actu­ally dead: And that whatever Acts of Soveraign Power the said Duke of York shall at any time Erect or Exercise, shall be taken, deemed, and adjudged, and are hereby declared and Enacted High Treason, and to be punished accor­dingly.

And forasmuch as the Peace, Safety, and Well-being of these Kingdoms do so intirely depend upon the due Execu­tion of, and Obedience to this Law, be it further Enacted by the Authority aforesaid, That if any Person shall in any wise, at any time, during the King's Life, (which God preserve) or after his demise or decease, aid, assist, counsel, or hold Correspondency with the said Duke of York, (who is, and ought to be esteemed a perpetual Enemy to these Kingdoms and Governments) either within these Kingdoms or out of them; or shall endeavour or contrive his Re­turn into either of them, or into any of the Territories or Dominions of the same; or shall, during the King's Life, [Page 14] publish or declare him to be the Lawful or Rightful Successor Apparent, presumptive, or other Heir to the Crown of England; or shall after the demise, or decease of the King. that now is, proclaim, publish, or declare the said Duke of York to be King, or to have Right or Title to the Crown or Government of England or Ireland; or shall by Word, Writing, or Printing, maintain or assert that he hath any manner of Right or Title to the Crown or Government of these Kingdoms, and shall be therefore Convict upon the Evidence of two or more lawful and credible Witnesses, shall be adjudged guilty of High Treason, and shall suffer and forfeit as in cases of High Treason.

And forasmuch as the said Duke's return or coming into any of the aforesaid Kingdoms, Countries, Territories, or Do­minions, will naturally conduce to bring vast mischiefs, and all the evil hereby provided against upon them in War and Slaughter, and unspeakable Calamities, which therefore the said Duke must be presumed to designe by such his return, or coming into any of the aforesaid Kingdoms, Countries, Territories, or Dominions: Be it therefore likewise Enacted, and it is hereby Enacted by the Authority aforesaid, That if the said Duke do at any time hereafter return or come in­to any of the aforesaid Kingdoms, Countries, Territories, or Dominions; he shall be, and is hereby, thereupon, and for so doing, attainted of High Treason: And all manner of persons whatsoever, are hereby authorised and required to apprehend, secure and imprison his Person; and in case of resistance made by him, or any of his Accomplices, to subdue, or imprison him, or them, by force of Arms.

A SPEECH in the House of COMMONS, Ʋpon Reading the Bill against the D. of York, May 1679.

WE have now the weightest matter under our Considerations that ever came before us, therefore we ought with the highest Zeal to speak our minds boldly for the King and Kingdom: for as the matter is of no less impor­tance, than to secure our Religion to Posterity, so much the rather should we apply our selves to manifest that we will not be discouraged by any seeming opposition whatsoever.

But as the Lord Chancellor lately told us, This is the time, so I must repeat it, That it is indeed the time; that is to say, the moment: which if we should suffer to slip from us, it may never be in our power to regain, and then our Chil­dren may be bound to Curse us: for I must tell you, That it will be utterly impossible ever to secure the Protestant Religion under a Popish Successor, unless you do totally disable him to inherit these Protestant Countries; and the Ty­ranny of the See of Rome will infallibly steal upon us.

For to think to restrain a King under the Power of a Penal Law, thereby to secure Religion, is no more than to bind Sampson with Cords, who as soon as 'tis said, The Philistims are upon thee, will break them all in pieces, and carry the Gates away with him, and leave you open to the invasion of the Enemy; nothing therefore can be able to secure us, but to clip his Locks: For if the Papists do at this time designe to subvert our Religion under a Protestant Prince, how much more will they designe against us under a Popish Successor? What will not the Priests and Jesuits undertake, to procure our Destruction, when they shall have the favour of the Prince, and are secured that the Laws and Statutes made against them, shall not be put in Execution? for 'tis Coleman's Maxime, That if the Popish Religion stood upon an e­qual foot with the Protestant, the Popish Religion would get the better, as they would manage it; and then our E­states could never be secure, no, nor our very Lives; and Protestants would be discouraged, and hardly dare to speak their minds; and Massacres may be as frequent and as great here, as they were formerly at Paris: So that 'tis clear we can never restrain him.

The Lord Chancellor in his Speech tells you, That when His Majesty shall happen to dye, we shall have a convenient time to settle Religion and the Nation. Let me ask you, Must we act with the Successor, or without him? if we act with him, he will never consent to any thing we shall do against him; if without him, we act as a Common-Wealth; and that he will never suffer, but perhaps, will send his Guards, and turn us out of Doors, and what will become of us then?

One Reason laid down to us likewise is, That it is impossible for a Successor to raise Money, but by Consent of Parliament: that point may be easily answered by us, There are many small Burroughs and Towns who choose us, where there are but few Voices; how easie is it to purchase those Votes by Money? if he should lay out Ten or Twenty thousand pound for the purchase, they would soon give it him again; and then the whole Nation will be ruin'd with­out Redemption. The Speech of the Lord Chancellor is only a Fig-leaf to cover our Nakedness, or rather Leaf-Gold to flatter us; or like a Mother who having a froward Child, and upon necessity must do something to pacifie it, she gives it any thing she hath, but lets it keep it no longer than she pleases.

Now I have shown you the necessity of this Bill, let us next consider, that the good which will come by it, is far grea­ter than the evil that can ensue upon it; which I will thus demonstrate: if we give way to a Popish Successour, we give away Religion, and have Popish Tyranny for a recompence; And then consequently, our Estates will be taken away, and for an English man to lose his Estate, is worse than to lose his Life, since he must continue in perpetual Bondage, and be worse than a Captive slave, and shall be Priest-ridden every day; therefore in my opinion, it is far better for us to re­solve to maintain our Religion, and to secure our selves by opposing any violence that shall be offered to us from abroad, than to be in danger of having our Throats cut every moment, by those that shall be amongst us.

Now let us consider, whether this may be effected by Law, or out of necessity. I will put the Case, That if a Prince be born to a Kingdom who is either Lunatick, or otherwise disabled to do the Kingdom any good, shall not the Sub­jects in this Case proceed to choose another who may preserve the Kingdom, when otherwise it must of necessity pe­rish? as lately in the Case of Portugal, they chose another to succeed, because of the disability of the former; And shall not we then disable the Duke, who cannot possibly do the Nation any service, his Principles being so contrary and de­structive to the Laws, Statutes, and Constitutions of this Government, as nothing but ruine can ensue thereby?

Now as to the Point of Law, I must say, that as for a private person to rise against his Prince is Rebellion; so on the contrary, when there is an Act of Parliament to disable him, and that upon such good grounds and reasons as we have heard read against him this day, we shall be justified by all the World in opposing his Claim; and we have had Presi­dents [Page 15] of this kind heretofore. And it was Enacted in Queen Elizabeths time, That those who durst any way dispute that the King and Parliament could not appoint a Successour, should be guilty of a Premunire.

The Right Honourable the Earl of Shaftsbury's Speech in the House of Lords, March 25. 1679.

YOu are appointing of the consideration of the State of England to be taken up in a Committee of the whole House, some day next week. I do not know how well what I have to say may be received, for I never study either to make my Court well, or to be popular; I always speak what I am commanded by the dictates of the Spirit within me.

There are some other Considerations that concern England so nearly, that without them you will come far short of Safety and Quiet at home: We have a little Sister, and she hath no Breasts, what shall we do for our Sister in the day when she shall be spoken for? If she be a Wall, we will build on her a Palace of Silver; if she be a Door, we will inclose her with boards of Cedar. We have several little Sisters without Breasts, the French Protestant Churches, the two Kingdoms of Ire­land and Scotland; the Foreign Protestants are a Wall, the onely Wall and Defence to England; upon it you may build Palaces of Silver, glorious Palaces. The Protection of the Protestants abroad, is the greatest Power and Security the Crown of England can attain to, and which can onely help us to give check to the growing greatness of France. Scotland and Ireland are two Doors, either to let in Good or Mischief upon us; they are much weakned by the Artifice of our cunning Enemies, and we ought to inclose them with boards of Cedar.

Popery and Slavery, like two Sisters, go hand in hand, sometimes one goes first, sometimes the other, in a doors, but the other is always following close at hand.

In England, Popery was to have brought in Slavery; in Scotland, Slavery went before, and Popery was to follow.

I do not think your Lordships or the Parliament have Jurisdiction there. It is a Noble and Ancient Kingdom; they have an Illustrious Nobility, a gallant Gentry, a Learned Clergy, and an understanding worthy people; but yet we can­not think of England as we ought, without reflecting on the Condition therein. They are under the same Prince, and the Influence of the same Favourites and Councils: when they are hardly dealt with, can we that are the Richer ex­pect better usage? for 'tis certain, that in all Absolute Governments, the poorest Countreys are always most favourably dealt with.

When the Ancient Nobility and Gentry there, cannot enjoy their Royalties, their Shrevaldoms, and their Stewardies, which they and their Ancestors have possessed for several hundred of years, but that now they are enjoyned by the Lords of the Council to make Deputations of their Authorities to such as are their known Enemies;

Can we expect to enjoy our Magna Charta long, under the same Persons and Administration of Affairs? If the Council-Table there can Imprison any Noble-man or Gentleman for several years, without bringing him to Tryal, or giving the least reason for what they do; can we expect the same men will preserve the Liberty of the Subject here?

I will acknowledge, I am not well vers'd in the particular Laws of Scotland; but this I do know, that all the Nor­thern Countries have by their Laws an undoubted and inviolable Right to their Liberties and Properties; yet Scotland hath out-done all the Eastern and Southern Countreys, in having their Lives, Liberties and Estates subjected to the Ar­bitrary Will and Pleasure of those that Govern. They have lately plundered and harrassed the richest and wealthiest Countries of that Kingdom, and brought down the barbarous High-landers to devour them; and all this almost with­out 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 onely 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 duely considers it, to think other, but that those Ministers that acted that, were 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, 'tis not possible for me, or any thinking man to believe, that good is meant us here.

We must still be upon our guard, apprehending, that the Principle is not changed at Court, and that those men that are still in Place and Authority, 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 Scottish 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 Twenty two thousand 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 Six thousand 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 said too much, having no concern there; but if a French Noble-man should come to dwell in my House and Family, I should think it concerned me to ask what he did in France; for if he were there a Felon, a Rogue, a Plunderer, I should desire him to live elsewhere; and I hope your Lordships will do the same thing for the Nation, if you find the same cause.

My Lords, give me leave to speak two or three words concerning our other Sister, Ireland: thither I hear is sent Douglas's Regiment, to secure us against the French. Besides, I am credibly informed, that the Papists have their Arms restored, and the Protestants are not many of them yet recovered from being the suspected Party; the Sea-Towns, as well as the Inland, are full of Papists: that Kingdom cannot long continue in the English hands, if some better care be not taken of it. This is in your power, and there is nothing there, but is under your Laws: therefore I beg that this Kingdom at least 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.

The Honourable Mr. Powel's Speech in the House of Commons, upon the Earl of Danby's Impeach­ment, Pardon and Plea.

Mr. Speaker,

I Should have been pleased to have heard (somewhat omitted) needful to have been spoken unto, from some other Member of this House rather than my self; It is concerning the Earl of Danby, who stands Impeached by the Commons of England of High-Treason.

The person to whom we owe the Dangers and Fears of the French King against us.

The person to whom we owe the Threats and severe Answers to those humble Addresses we made the last Sessions of Parliament.

The person to whom we owe the Ruines of this Nation, and Exhausting the Kings Revenue.

The person to whom we owe the Expence of 200000 l. and upwards, within a year, unaccounted for.

The person to whom we owe the many Prorogations that hapned in the last Parliament, when many profitable Bills were ready for passing.

The person to whom we owe the raising of a standing Army, to be kept up by the Receipt of six Millions of Li­vres yearly, for three years together, to enslave us and our Religion.

The person to whom we owe the late Bone that was thrown in the sitting of the last Parliament, to hinder the good Issue that might have come by their Proceedings, who is now laying down his Staff, and making up his Accounts in the Treasury as he pleaseth, to inrich himself out of the Spoils of the People, and so depart.

My humble Motion is, that a Message be sent immediately to the Lords, from the Commons of England, to desire their Lordships, that Thomas Earl of Danby be immmediately committed to safe Custody, he being Impeached by the Commons of England of High-Treason.

The Commons Address against the Duke of Lauderdail, presented to His Majesty, May 9. 1679.

WE your Majesties most Loyal and Dutiful Subjects, the Commons in this present Parliament Assembled, finding your Majesties Kingdoms involved in imminent dangers, and great difficulties, by the evil designs and pernici­ous Councels of some, who have been, and still are in high places of Trust and Authority about your Royal Person, who contrary to the duty of their places, by their Arbitrary and destructive Counsels, tending to the Subversion o [...] the Rights, Liberties, and Properties of your Subjects, and the alteration of the Protestant Religion Established, have endeavoured to alienate the hearts of your good Subjects from your Majesty and your Government, which we by ou [...] duty are bound to preserve. We have just reason to accuse John Duke of Lauderdail, for a chief Promoter of such Councels; and more particularly for contriving and endeavouring to raise Jealousies and Misunderstandings between this your Majesties Kingdom and Scotland, whereby Hostilities might have ensued and arisen between both Nations, i [...] not prevented: wherefore we your Majesties most Loyal Subjects cannot but be sensibly affected and troubled to see such a person, notwithstanding the repeated Addresses of your late Parliament, continued in your Council at this time when the Affairs of your Kingdom requires none to be set in such Imployments, but such as are of known Abilities [...] Interest, and Esteem in the Nation, without all suspition of either mistaking or betraying the true Interest of the Kingdom, and consequently of Advising your Majesty ill.

We do therefore most humbly beseech your Majesty, for the taking away the great Jealousies and dissatisfaction [...] amongst your good Subjects, who are opprest with great grief and sorrow, that your Majesty will graciously be please [...] to remove the Duke of Lauderdail from your Majesties Councils, in your Majesties Kingdoms of England and Scotland and from all Offices, Imployments, and places of Trust, and from your Majesties presence for ever.

FINIS.

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