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1680. that he was then going to Stafford that to rely on any other Means, eras Vbire, and' said he doubted not, but not only insufficient but dangerous.

at his Return Grove should do the That unless a Bill were pofled fer
Business; and Mr. Tuberville, who excluding the Duke of York, the House
fwore that the Prisoner told him of could not give any Supply to his Ma.
a Design to kill the King, and would jelly, without Danger to his Majesty's
have had him to have done it. To Person, the Hazard of the Protelant
which his LordMipanswered in gene. Religion, and Breach of Trust in tben
ral, That he was innocent, that to the People.
he was always loyal to the King, That they who did advise the Kings
and that he hated Treason, and ne to infift upon an Opinion against the
ver held the King-killing Doctrine. Bill, had given him pernicious Cous-
And to invalidate the Evidence a- fel, and were Promoters of Pepers,
gainst him, by some Objections to . and Enemies to the King and King.
the Witnesses, he proved that he dom.
was not at Tixall at the Time Dug That it was the Opinion of the
dale swore he was, and that when House, that the Earl of Hallifax, ik?
he was there, Dugdale was never Marquiss of Worcester, and the Ear!
with him but when his Servants of Clarendon, were ibe Perious
were by ; which was again contra. that gave that pernicions Advice:
dicted by other Witnesses for the And that therefore an Address boud
King; for the Particulars of all be made for their Removal from
which we must refer the Reader to the King's Person and Presence, and
the printed Trial: A Committee of from their offices and Emploj ments.
the House of Commons were the Also,
Prosecutors, and he was at lait found That whoever should lend, or car?
guilty by a Majority of 24 Voices. to be lent, any Money upon any Branco
He accordingly received Sentence of of the King's Revenues, pould be ad
Death, and was beheaded on Tower- judged Obstructors of the Sittings
Hill on the 29th of December. Parliament, and be responfible for it

This Trial being over, the House in Parliament. And,
of Commons recurned again to the That whosoever fuld accept on
Business of Exclufion, which they buy any Tally of Anticipation spor dry
ftill pressed very hard; and the King Part of the King's Revenue, ér wbo-
having by Speeches and Mesages ever should pay such Tally, jbald be
repeated his Aflurances of granting deemed guilty of the fame Ofert,
any thing for the Security of the and be liable to be queflioned is Par
Protestant Religion, that did not liament.
infringe the Right of Succession, and The other Business transacted this
urged them to take Care of Tangier, Parliament, was the examining cer-
if they intended to preserve it, the tain Witnesses concerning a plot in
Expence of it being above his Pow- Ireland; these Macraest,
er : The House voted,

Hethrington, Eulace Comen, &c. who That there was no Security for the swore, That the Earl of Tyrori, Protestant Religion, the King's Life, and others, had a Design to extiror the established Government of the pate the Protestant Religion in Ir Kingdom, without pafling a Bill for land, &c. upon which both Houle dijabling the Duke of York to inherit voted, the Imperial Crown of England, and That they were fully fatisfied,

were

that there was, and had been for le The 21st of March 1680-1, was 1689. veral years, a Popish Plot in Ireland, the Day the Parliament met at Ox. for massacring the English, and sub- ford ; to whom his Majesty made verting the Protefiant Religion, and a Speech to this Effect : the Established Government of that That the unwarrantable Proceed. Kingdom. And the Earl of Tyrone ings of the laft House of Commons was impeached of. High Treason, was the Reason of parting with them, and committed to Prison.

for that he would never use Arbitrary Sir Edward Seymour was impeach. Government himself, and would not ed by the House of Commons of suffer it in others. That whoever High - Mi:demeanours, for having calmly confidered the Assurances be milapplied fome Money formerly bad renewed to that lai Parliament,

given by the Parliament, and ap- and what he had recommended to e propriated to the Fleet.

them, viz. his foreign Alliance, the Some Men had preferred to the Examination of the Plot, and the Grand Jury of Middlesex a Bill a. Preservation of Tangier, and reflected gainst the Duke of York, as being upon their unsuitable Returns, might a Papist, &c. which the Court dif- rather wonder at his Patience, than countenanced, and the Lord Chief that he grew weary of their proJustice Scroggs discharged the Grand- ceedings; that it was his Interest, Jury, without giving them Oppor- and should be as much his Care as tunity to present it. This was much theirs, to preserve the Liberty of the resented by the House of Commons; Subject, the Crown not beixg safe and after the Matter had been exa when that was in Danger. mined into, for that and such other That by calling this Parliament ra Things. Articles of Impeachment foon, he let them see that no Irreguwere drawn up against the Lord larities of Parliaments should make Chief Justice Scroggs, and the same him out of Love with them: By ordered againit several of the other which Means he gave them another Judges.

Opportunity to provide for the PubNear three Months had been now lick Security, and had given one Espent, and nothing of what the King vidence more, that he had not negdefired done, or like to be done, lected his Part. He boped the ill the Heats rather increasing than Success of former Heats, would dispose abating ; his Majesty therefore, on them to a better Temper. the oth of January, prorogued That as for the future Prosecution the Parliament to the 20th, and of the Plot, the Trial of the Lords in soon after dissolved it; appointing the Tower, &c. be omitted to press another to meet at Oxford in March them, as being obvious to Confiderafollowing.

tion, and so neceffary for the publick
In this Interval of Parliament, a Safety. But desired ihem not to lar
certain Person, one Fitz-Harris an so much Weight upon the Expedient
Irishman, was seized for writing a against Popery, as to determine all
most scandalous and seditious Libel others ineffettual. That what he had
against his Majesty and the Duke so often declared, touching the Suce
of York, and committed to Prison. ceffion, he foould not recede from.
I mention this, because there was a But that, to remove all reasona-
great Bustle in the succeeding Par- ble Fears that might arise from the
liament concerning him.

Posibility
T

1680. Possibility of a Popish Succeffion, if not belonging to them, but to the

Means could be found that in such a common Courts of Justice ; this the
Case the Administration should remain Commons were pleased very highly
in Protefiant Hands, he should be to resent; and voted,
willing to hearken to any such Expe 1. That it was the Right of the
dient, by which Religion might be Commons in Parliament, io impeach
secured, and Monarchy not destroyed. any Peer or Commoner for Treajon er
Lastly, he advised them to make the other Crimes; and that the Refusal
knosu'n and established Laws the Rules of the Lords to proceed upon such lz.
and Measures of their Votes. peachment was a Denial of Jufice,

After which the Commons re and a Violation of the Constitution of
turned to their House, and chose Parliaments.
William Williams, Efq; again for 2. That the Refolution of the
their Speaker, and the Preliminaries Lords, That Fitz-Harris fbould be
being over, the Votes were ordered proceeded against at common Law,
to be printed, an and Enquiry was and for by way of Impeachment, was
made after a Bill that had passed a Violation of the Conftitution of Par-
both Houses the last Seslion, but liament, &c.
was never presen:ed for the Royal 3. That for any infericur Court ia
Assent; this, as they had great proceed against Fitz-Harris, or any
Reason they strictly enquired after. Person lying under an Impeachment in
Next, in taking his Majesty's Speech Parliameni, was a high Breasb of
into Consideration, they came again the Privilege of Parliament.
upon the Matter of, Exclusion, and it These Proceedings tired the King's
was by some proposed, that since Patience, so that he came to the
it was plain the King would not pass Houle on the 28th, and faddenly
che Bill, an Expedient might be dissolved the Parliament; and im-
proposed : This took up a whole mediately took Coach for Winder,
Day's Debate, but was over-ruled, and thence came to London the same
and the old Bill ordered to be brought Night; by which he happily de
in. Next a Message was sent to the feared the wicked Design that icme
Lords, to demand Judgment against evil Men had upon his Person, 23
the Earl of Danby upon the Im; each- will appear hereafier. Shortly after
ment of the Commons.

a Protestation of 29 Lords, the Duke Then the House went upon the of Monmouth being at the Head of Examination of Edward Fitz-Har- them, came out against this Proris, who having been privy to the ceeding of the House of Lords in Popish Plot, was by the Commons Fitz-Harris's Case. impeached for the same; and the A.D. 168!, his Majesty, to Impeachment ordered to be carried vindicate himself from the mak up to the Lords by Mr. Secretary ous Asperfions of disaft and PerJenkins, which he esteeming an Af- fons, on the 8th of April, fec feruhi front to the King ( whole Prisoner a Declaration of the Reasons th as I have told you Fitz-Harris then' moved him to diff lve the two in was) did refuse to do it ; but at Parliaments, which he ordered in length to avoid Contention, he be read in all Churches, whereia ? submited, and accordingly carried set forth, Wieb bow much Relea the Impeachment to the Lords; buc sy he did it, and how ebblade it was there rejected, as a Na.ter intentions cuere to have complied,

far as would have confilled with the April, an Indictment of High-Trea- 1681. very Being of the Government, with fon was presented against him, and ang thing that could be proposed for found by the Grand Jury; and afPreferving the Enablfhid Religion, ter long Arguings concerning the the Liberty and Property of the Sub- Jurisdiction of the Court, upon acjed, and supporting the Foreign Alli- count of the abovementioned Votes, ances. Then enumerated the unwar he was on che gth of J une brought Tantable Proceedings of the Commons, to Trial; the Evidence against him in arbitrarily taking divers Persons was Edruund Everard, who depointo Cuffody, in declaring others Ene- fed, That the Prisoner hired hin to mies to the King and Kingdoin witis. write a Pamphlet to scandalize the cut legal Proces. Their Vores against King, &c. which he discovered to lending the King Money, and their Sir William Waller, and others, Vote against prosecuting Disentiis, whom he placed in private Places whereby they ajjumed a Power of dif- to over hear Fitz. Harris read it, tealing with Laws: And that tho dr. That the_Litel was to be be promised to grant any Limitations presented to the French Ambassador, of the Power of a Popish Succeffor, and that it was to beget a Diffe. get they would think of no other Ex rence here, while the French should pedient, but that of a total Exclusion, gain Flanders, &c, Then the Paper which he could not in Honour, ju was produced with Fitz Harris's fiice or Conscience, consent to. That Amendments, in which were these the Bufiness of Fitz-Harris was car. Words: If James be guilty, Charles ried to that Extremity, by the Votes is too, they are Brethren in Iniquity, of the Commons, that there was no they are in Confederacy with the Hope of Reconciliation, which put Pope and French

Let the Enga ibe two Houses out of a Capacity of lifh Spirit be up, and move us all as tranfa&ing Business together; which one Man to Self-defence ; nay and if Heats and Disappointments of the need be, to open Action, and fling off Publick Ends caused him to put an these intolerable Riders. In another End to these two Parliaments, Place, J. and C. both Brethren in

Stephen Colledge, a Joyner hy Iniquity, corrupt both in Root and Trade, and commonly called the Branch they Judy to enslave Proteftant Joyner, was indicted of you Where is that old English High-Treason, and the Bill pre- Spirit ? O brave Englishmen, look ferred to the Grand- Jury of London, to your own Defence, e'er it be too which was sworn to by Dugdale late! rouse up your Spirits! Again, and Smith, two of the Witnesses to As it is the Right of Parliaments 10 the Popish Plot, but could not be make a Law against a Popilih Succelbrought to Trial, because the Ju- for, so it is their Right, 10 dethrone sy brought in the Bill Ignoramus; any Polilor that follows evil Counhowever, he was afterwards tried sellors Then let all be ready ; and condemned at Oxford, as will let the City siand by the Parliament, be sewn in its proper Place. with 11tance in any extreme Way,

The Impeachment of Fitz. Har. if Occafion, &c. For which Libel ris, and the Votes thereupon, were he was found Guilty of High-Trea. esteemed by the King, as he ex fon, and was executed at Tyburn on prefled in his Declarations, as a the it of July. purpose to delay and binder his being On the 3d of May, Oliver Pluntried. However, on the 27th of ket, titular Primate of Ireland,

1681.

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was arraignel at the King's-Bench 'fhall destroy the pitiful Guards Bar for High-Treason, and on the of Rowley (the King! that he 8th of June brought to Trial for • told him the City was provided the same; the Evidence against him o with Powder and Bullets ; that were, Florence Wyer, who deposed, • he would go to Oxford, expecting That there had been a Plot for se Sport there upon the Divilions veral Years to introduce a French • between the King and Parliament, Army into Ireland, to destroy all And he would be one that would the Protestants, which the Prisoner " seize the King,' &c. That meetwas privy to, and Assistant in ; ing the Prisoner after he came to Henry O'Neal, Neal O Neal, Owen Oxford, he told him, “That he Mursy, and others, who all'tellified was afraid, and run away like the same thing. So he was found to beshit himself : ' Heynes, who Guilty, and executed at Tyburn testified many Things to the same with Filz- Harris.

Purpose. Likewise several scanda. Stephen Colledge having commit lous Pamphlets were produced, ted Trearon at Oxford, as well as which he acknowledged himself the at London, the King ordered him Author of. The Prisoner endeato be carried thither to be tried for voured to invalidate the Evidence, the same, where he was accord- by discrediting the Persons of the ingly indicted on the 17th of Au- King's Witnelles. Upon the whole, gujt; the Witness against him were the Jury found him Guilty; and he Stephen Dugdale, who deposed, was accordingly executed the Bill of That he had often heard Colledge August at Oxford. rail at the King, saying, ' He The Earl of Shaftsbury being ac.

was a Papist, was in the Popish cused of Treasonable Practices, was

Plot, and had a Hand in the committed to the Tower, and ca • Murther of Sir Edmundbury God- the 24th of Novembir a Bill of lo

frey: That he would arm him- dictment was preferred against him self and be at Oxford, having to the Grand Jury of London, be• several stout Men that should stand fore whom was produced a Papes

, • by him, if there should be a Ri- importing an Association to oppure • fing' That at Oxford, upon the Duke o: York's coming to the the King's not yielding to the Crown, by Force of Arms, Ei. Commons, he said, ' Let him begin which Paper was found in the Lord • (meaning the King) as soon as he Shaftsbury's Closet, and eight Per

would, he cared not how soon, sons swore againit the said Lord re• for their Party [ the King's) were ry treasonable and irreverent Words • but a Handlul to his : ' And that that he had uttered against the kirg, when the King went from Oxford, and that he had hired fifty Men to he said, “The Rogue was afraid of attend him at the Oxford Parlia

himself, he was f.irked away : ment, where, upon any Disturbance, John Smith, who swore, that he they were to have seized the Guards, jaid to him, " That the King was &c. But the Jury brought in the

a Papilt ; that he doubted nor' Bill Ignoramus, and so obitruled • but the King would be brought his further Trial. • to the Block, as his Father was ; The Parliament which sat in Siete that ihe Prisoner shewed him Arms land, Fuly the 28ih, under the Duke and Armour le had provided, fay- of York, the King's High Commiting, . These are the Things which- fioner there, enacted f.veral Lars,

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