1680. that he was then going to Stafford Whire, and faid he doubted not, but at his Return Grove fhould do the Bufinefs; and Mr. Tuberville, who fwore that the Prifoner told him of a Defign to kill the King, and would have had him to have done it. To which his Lordship answered in general, That he was innocent, that he was always loyal to the King, and that he hated Treafon, and never held the King-killing Doctrine. And to invalidate the Evidence against him, by fome Objections to the Witneffes, he proved that he was not at Tixall at the Time Dugdale fwore he was, and that when he was there, Dugdale was never with him but when his Servants were by; which was again contra dicted by other Witneffes for the King; for the Particulars of all which we muft refer the Reader to the printed Trial: A Committee of the House of Commons were the Profecutors, and he was at last found guilty by a Majority of 24 Voices. He accordingly received Sentence of Death, and was beheaded on TowerHill on the 29th of December. This Trial being over, the Houfe of Commons returned again to the Bufinefs of Exclufion, which they ftill preffed very hard; and the King having by Speeches and Meffages repeated his Affurances of granting any thing for the Security of the Proteftant Religion, that did not infringe the Right of Succeffion, and urged them to take Care of Tangier, if they intended to preferve it, the Expence of it being above his Power: The Houfe voted, That there was no Security for the Proteftant Religion, the King's Life, or the established Government of the Kingdom, without paffing a Bill for dijabling the Duke of York to inherit the Imperial Crown of England, and that to rely on any other Means, wai not only infufficient but dangerous. That unless a Bill were passed for excluding the Duke of York, the House could not give any Supply to his Ma jefty, without Danger to his Majesty's Perfon, the Hazard of the Proteftant Religion, and Breach of Truft in them to the People. That they who did advife the King to infift upon an Opinion against the Bill, had given him pernicious Cousfel, and were Promoters of Pepers, and Enemies to the King and Kingdom. That it was the Opinion of the House, that the Earl of Hallifax, the Marquis of Worcester, and the Ear! of Clarendon, were the Perfor that gave that pernicious Advic And that therefore an Address fecu.d be made for their Removal from the King's Perjon and Prefence, and from their Offices and Employments. Alfo, That whoever fhould lend, or caul to be lent, any Money upon any Brands of the King's Revenues, should be ad judged Obftructors of the Sitting of Parliament, and be refponfible for it in Parliament. And, That whosoever should accept buy any Tally of Anticipation upon any Part of the King's Revenue, or aboever should pay fuch Tally, fould be deemed guilty of the fame Offence, and be liable to be queftioned in Par liament. The other Bufinefs tranfacted th Parliament, was the examining cer tain Witneffes concerning a Plot is Ireland; thefe were Macnamar Hethrington, Euftace Comyn, &c. who fwore, That the Earl of Tyren and others, had a Defign to exti pate the Proteftant Religion in I land, &c. upon which both Hou voted, That they were fully fatisf that there was, and had been for Jeveral Years, a Popish Plot in Ireland, for malfacring the English, and fubverting the Proteflant Religion, and the Etablished Government of that Kingdom. And the Earl of Tyrone was impeached of High Treafon, and committed to Prison. Sir Edward Seymour was impeached by the House of Commons of High-Mifdemeanours, for having milapplied fome Money formerly given by the Parliament, and appropriated to the Fleet. Some Men had preferred to the Grand Jury of Middlefex a Bill against the Duke of York, as being a Papift, &c. which the Court difcountenanced, and the Lord Chief Juftice Scroggs discharged the GrandJury, without giving them Opportunity to prefent it. This was much refented by the House of Commons; and after the Matter had been examined into, for. that and fuch other Things. Articles of Impeachment were drawn up against the Lord Chief Juftice Scroggs, and the fame ordered againit feveral of the other Judges. Near three Months had been now fpent, and nothing of what the King defired done, or like to be done, the Heats rather increafing than abating; his Majefty therefore, on the 10th of January, prorogued the Parliament to the 20th, and foon after diffolved it; appointing another to meet at Oxford in March following. In this Interval of Parliament, a certain Perfon, one Fitz-Harris an Irishman, was feized for writing a moft fcandalous and feditious Libel against his Majefty and the Duke of York, and committed to Prifon. I mention this, because there was a great Buftle in the fucceeding Parliament concerning him. The 21st of March 1680-1, was the Day the Parliament met at Oxford; to whom his Majefty made a Speech to this Effect: That the unwarrantable Proceedings of the laft House of Commons was the Reafon of parting with them, for that he would never use Arbitrary Government himself, and would not Suffer it in others. That whoever calmly confidered the Affurances he bad renewed to that laft Parliament, and what he had recommended to them, viz. his foreign Alliance, the Examination of the Plot, and the Prefervation of Tangier, and reflected upon their unfuitable Returns, might rather wonder at his Patience, than that he grew weary of their Proceedings; that it was his Intereft, and should be as much his Care as theirs, to preferve the Liberty of the Subject, the Crown not being fafe when that was in Danger. That by calling this Parliament fo foon, he let them fee that no Irregu larities of Parliaments should make him out of Love with them: By which Means he gave them another Opportunity to provide for the Publick Security, and had given one Evidence more, that he had not neglected his Part. He hoped the ill Success of former Heats, would difpofe them to a better Temper. That as for the future Profecution of the Plot, the Trial of the Lords in the Tower, &c. be omitted to press them, as being obvious to Confideration, and fo neceffary for the publick Safety. But defired them not to lay fo much Weight upon the Expedient against Popery, as to determine all others ineffectual. That what he had so often declared, touching the Succeffion, he should not recede from. But that, to remove all reafonable Fears that might arife from the T Poffibility 1689. 274 1680. Poffibility of a Popish Succeffion, if Means could be found that in fuch a Cafe the Adminiftration fhould remain in Proteftant Hands, he should be willing to hearken to any fuch Expedient, by which Religion might be fecured, and Monarchy not deftroyed. Lafly, he advised them to make the known and established Laws the Rules and Measures of their Votes. After which the Commons returned to their Houfe, and chofe William Williams, Efq; again for their Speaker, and the Preliminaries being over, the Votes were ordered to be printed, an and Enquiry was made after a Bill that had paffed both Houfes the laft Seffion, but was never prefented for the Royal Affent; this, as they had great Reafon they ftrictly enquired after.. Next, in taking his Majefly's Speech into Confideration, they came again upon the Matter of. Exclufion, and it was by fome propofed, that fince it was plain the King would not pafs the Bill, an Expedient might be propofed: This took up a whole Day's Debate, but was over-ruled, and the old Bill ordered to be brought in. Next a Meffage was fent to the Lords, to demand Judgment against the Earl of Danby upon the Impeachment of the Commons. Then the Houfe went upon the Examination of Edward Fitz-Harris, who having been privy to the Popish Plot, was by the Commons impeached for the faine; and the Impeachment ordered to be carried up to the Lords by Mr. Secretary Jenkins, which he efteeming an Affront to the King (whofe Prifoner as I have told you Fitz-Harris then was) did refufe to do it; but at length to avoid Contention, he fubmitted, and accordingly carried the Impeachment to the Lords; but it was there rejected, as a Matter not belonging to them, but to the common Courts of Juftice; this the Commons were pleafed very highly to refent; and voted, 1. That it was the Right of the Commons in Parliament, to impeach any Peer or Commoner for Treason or other Crimes; and that the Refufal of the Lords to proceed upon fuch im peachment was a Denial of Juice, and a Violation of the Conftitution of Parliaments. 2. That the Refolution of the Lords, That Fitz-Harris fhould be proceeded against at common Law, and not by way of Impeachment, was a Violation of the Conftitution of Parliament, &c. 3. That for any inferiour Court to proceed against Fitz Harris, or any Perfon lying under an Impeachment in Parliament, was a high Breach of the Privilege of Parliament. Thefe Proceedings tired the King's Patience, fo that he came to the Houle on the 28th, and fuddenly diffolved the Parliament; and immediately took Coach for Winder, and thence came to London the fame Night; by which he happily defeated the wicked Defign that fome evil Men had upon his Perfon, as will appear hereafter. Shortly after a Proteftation of 29 Lords, the Duke of Monmouth being at the Head of them, came out againft this Proceeding of the Houfe of Lords in Fitz-Harris's Cafe. A. D. 1681, his Majefty, to vindicate himself from the mal ous Afperfions of difafted Perfons, on the 8th of April, fet forth a Declaration of the Reatons the moved him to diff lve the two Parliaments, which he ordered be read in all Churches, wherein fet forth, With how much Relada cy he did it, and how abfolute ". Intentions were to have complied, ances. far as would have confifted with the very Being of the Government, with any thing that could be propofed for preferving the Enablifhed Religion, the Liberty and Property of the Subjet, and fupporting the Foreign AlliThen enumerated the unwarrantable Proceedings of the Commons, in arbitrarily taking divers Perfons into Cuftody, in declaring others Enemies to the King and Kingdom without legal Procels. Their Votes against lending the King Money, and their Vete against profecuting Diffenters, whereby they affumed a Power of difpenfing with Laws: And that the be promised to grant any Limitations of the Power of a Popish Succeffor, yet they would think of no other Expedient, but that of a total Exclufion, which he could not in Honour, Jufice or Confcience, confent to. That the Bufinefs of Fitz Harris was carried to that Extremity, by the Votes of the Commons, that there was no Hope of Reconciliation, which put the two Houfes out of a Capacity of tranfading Bufinefs together; which Heats and Difappointments of the Publick Ends caused him to put an End to thefe two Parliaments. Stephen Colledge, a Joyner by Trade, and commonly called the Proteftant Joyner, was indicted of High-Treafon, and the Bill preferred to the Grand-Jury of London, which was fworn to by Dugdale and Smith, two of the Witneffes to the Popish Plot, but could not be brought to a Trial, because the Jury brought in the Bill Ignoramus; however, he was afterwards tried and condemned at Oxford, as will be fhewn in its proper Place. The Impeachment of Fitz Harris, and the Votes thereupon, were efteemed by the King, as he expreffed in his Declarations, as a purpose to delay and hinder his being tried. However, on the 27th of April, an Indictment of High-Trea- 1681. fon was prefented against him, and found by the Grand Jury; and after long Arguings concerning the Jurifdiction of the Court, upon account of the abovementioned Votes, he was on the 9th of June brought to Trial; the Evidence against him was Edruund Everard, who depofed, That the Prifoner hired him to write a Pamphlet to fcandalize the King, &c. which he difcovered to Sir William Waller, and others, whom he placed in private Places to over hear Fitz Harris read it, &c. That the Libel was to be prefented to the French Ambaffador, and that it was to beget a Diffe rence here, while the French should gain Flanders, &c, Then the Paper was produced with Fitz Harris's Amendments, in which were these Words: If James be guilty, Charles is too, they are Brethren in Iniquity, they are in Confederacy with the Pope and FrenchLet the Eng lifh Spirit be up, and move us all as one Man to Self-defence; nay and if need be, to open Action, and fling off thefe intolerable Riders. In another Place, J. and C. both Brethren in Iniquity, corrupt both in Root and Branch. they fudy to enflave you Where is that old English Spirit? O brave Englishmen, look to your own Defence, e'er it be too late! roufe up your Spirits! Again, As it is the Right of Parliaments to make a Law against a Popish Succesfor, fo it is their Right to dethrone any Poffeffor that follows evil Counfellors Then let all be ready; let the City fiand by the Parliament, with Afflance in any extreme Way, if Occafion, &c. For which Libel he was found Guilty of High-Treafon, and was executed at Tyburn on the 1st of July. ket, On the 3d of May, Oliver Pluntitular Primate of Ireland, T 2 was 1681. was arraigned at the King's- Bench Bar for High-Treafon, and on the 8th of June brought to Trial for the fame; the Evidence against him were, Florence Wyer, who depofed, That there had been a Plot for feveral Years to introduce a French Army into Ireland, to deftroy all the Proteftants, which the Prisoner was privy to, and Affiftant in; Henry O'Neal, Neal O Neal, Owen Murfy, and others, who all teftified the fame thing. So he was found Guilty, and executed at Tyburn with Fitz-Harris. Stephen Colledge having committed Treafon at Oxford, as well as at London, the King ordered him to be carried thither to be tried for the fame, where he was accordingly indicted on the 17th of Auguft; the Witneffes against him were Stephen Dugdale, who depofed, That he had often heard Colledge rail at the King, faying, He was a Papift, was in the Popish Plot, and had a Hand in the Murther of Sir Edmundbury Godfrey: That he would arm himfelf and be at Oxford, having feveral ftout Men that should ftand by him, if there fhould be a Rifing That at Oxford, upon the King's not yielding to the Commons, he faid, Let him begin (meaning the King) as foon as he would, he cared not how foon, for their Party [ the King's] were but a Handful to his : And that when the King went from Oxford, he faid, The Rogue was afraid of himfelf, he was flirked away:' John Smith, who fwore, that he faid to him, That the King was a Papift; that he doubted not but the King would be brought to the Block, as his Father was ; that the Prisoner fhewed him Arms and Armour he had provided, fayThefe are the Things which 6 ་ ing, fhall deftroy the pitiful Guards of Rowley [the King] that he told him the City was provided with Powder and Bullets; that he would go to Oxford, expecting Sport there upon the Divitions between the King and Parliament. • And he would be one that would feize the King,' &c. That meeting the Prifoner after he came to Oxford, he told him, That he was afraid, and run away like to befhit himself: Hynes, who teflified many Things to the fame Purpofe. Likewife feveral fcandalous Pamphlets were produced, which he acknowledged himself the Author of. The Prifoner endeavoured to invalidate the Evidence, by difcrediting the Perfons of the King's Witneffes. Upon the whole, the Jury found him Guilty; and he was accordingly executed the 3 1ft of Auguft at Oxford. The Earl of Shaftsbury being accufed of Treafonable Practices, was committed to the Tower, and en the 24th of November a Bill of Indictment was preferred against him to the Grand Jury of London, be fore whom was produced a Paper, importing an Affociation to oppste the Duke of York's coming to the Crown, by Force of Arms, & which Paper was found in the Lord Shaftsbury's Clofet, and eight Perfons fwore againft the faid Lord rery treasonable and irreverent Words that he had uttered against the Kirg, and that he had hired fifty Men to attend him at the Oxford Parliament, where, upon any Difturbance, they were to have feized the Guards, &. But the Jury brought in the Bill Ignoramus, and fo obftructed his further Trial. The Parliament which fat in Scot land, July the 28th, under the Duke. of York, the King's High Commi-T fioner there, enacted f.veral Law, |