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Historical Collections. OR THE CONTINUATION Of the PROCEEDINGS Of the PARLIAMENT, Begun and Dissolved AT OXFORD.
LONDON, Printed in the Year 1681.
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Historical Collections. OR THE CONTINUATION Of the PROCEEDINGS Of the PARLIAMENT, Begun and Dissolved AT OXFORD.
LONDON, Printed in the Year 1681.
BEing fully satisfied with the accompt which you gave me, of the Proceedings of the last Par∣liament at Westminster, I took my flight into the Country, thinking to have
open'd my Pacquet: But when I came there I could hardly find any Body at home; all People were so busied with the New Elections, and taken up with future expectations, that they little minded what was past. Thereupon I resolv'd to stay a while before I expos'd my self to those, whose thoughts I found were bent another way. Upon these considerations, I followed the Croud to Oxford. But I had hardly trim∣med my Weather beaten Wings, before the Parliament was dissolved there too. So then I thought it my best way to come up to London again, and find out my Old Friend Truth, and then to take my Progresses with a compleat and per∣fect Relation.
Now therefore I desire thee to fa∣vour me with an Accompt of the main Transactions in this same short Parlia∣ment at Oxford.
That's soon done.
'Tis so; and therefore the trouble being the less, I am the more bold to desire it; in hopes that by keep∣ing Thee company, I may convince the World of the ill Opinion it has of me of being a Lyar.
Falshood in things of this Na∣ture is of a dangerous importance, and therfore I will tell the Relation barely without Welt or Guard; and do thou be sure to make no Additions thy self.
I shall be very punctual in ob∣serving thy Instructions.
Know then that the Parlia∣ment being appointed to meet upon the 21st. of March 1681. And the time of Sessions approaching, the King upon the Twelf of March removed to Windsor, Upon the Fourteenth he removed to Ox∣ford, and in his way was met upon the Borders of the County, by the High Sheriff with his Attendants, and at Whateby by the Lord Norris, Lord Lieu∣tenant of the County, with such an ap∣pearance of the Gentry, that hardly any were found missing, but such as were known to be hindred by Sickness, or other lawful Impediment. By whom together with the Two Troops of the County Militia; his Majesty was con∣ducted to the East-Gate of the City, where he was received by the Mayor, and the rest of the City Magistrates; and the Recorder, Serjeant Cook, welcom'd in a set Speech; and after the usual Pre∣sents
made by the Maior, and among the rest of the Mace, which was return'd; the Mayor then carrying the Mace before his Majesty, with the rest of the Brethen, attended his Majesty to Christ-Church-Gate. After that the King passing to his Appartment in the Colledge, was received by the Bishop with a Latin Speech upon his Knes attended by the Canons; and the next Morning was at∣tended by the Vice-Chancellour, the Do∣ctors, Professors, Proctors and University Orator. The Vice-Chancellor laid the Beadle's Staves at the Kings Feet; and then the Orator addressed himself in La∣tin to the King—and in English to the Queen, the Vice-Chancellor, Orator, and Doctors kneeling all the while.
These Ceremonies do not hap∣pen every day, and therefore you have obliged me with the Relation.
Upon the 21st of March, the parliament met according to Summons, at Oxford, in the Convocation House; at what time his Majesty went to the House of Lords, which State in the Geometry-School and being seated in his Throne, with his Royal Robes and the usual Solemnities, declar'd himself in a
Gratious Speech to Both Houses, to the Effect as followes.
That the unwarrantable Proceedings of the last House of Commons, were the reason of his parting with them; for that he who would never use Arbi∣trary Government himself, would not suffer it in others. That whoever calmly consider'd the Assurances he had renewed to that last Parliament, and what he had recommended to them, his Forreign Alliances, the Ex∣amination of the Plot, and the Preserva∣tion of Tangier, and reflect upon their unsuitable returns, might rather won∣der at his Patience then that he grew weary of their Proceedings; that it was his Interest, and should be as much his Cause as theirs to preserve the Liber∣ty of the Subject, the Crown not being safe when that is in danger. That by calling this Parliament so soon, he let them see, that no Irregularities of Par∣liament should make him out of Love with them: by which means he gave them another Oppertunity to provide for the Publick security, and had given one Evidence more, that he had not neg∣lected his part.
That he hoped, the ill Success of former heats would dispose them to a better Temper.
That as for the further Prosecution of the Plot, tryal of the Lords, &c. he omited to press them, as being ob∣vious to consideration, and so necessa∣ry for the Publick safety. But desired them not to lay so much weight upon any one Expedient against Popery, as to determine that all other were ineffe∣ctual.
'That what he had so often declared 'touching the Succession, he should not recede from. But that to remove all reasonable Fears, that might a∣rise from the Possibility of a Popish Successor, if means could be found that in such a Case the Administration should remain in Protestant hands, He should be ready to hearken to any such expedi∣ent by which Religion might be secur'd and Monarchy not destroyed.
Lastly, He advised them to make the Known and Establish Laws of the Land the Rules and Measures of their Votes.
Which done he commanded the Com∣mons to return to their House and make choice of their Speaker. Thereupon
Mr. Williams Speaker of the last Parlia∣ment being again made choice of, and conducted to the Chair, made a short Speech to the House upon his Accep∣tance.
That the Unamious choice of the House had lest him without excuse to disable himself for their Service, it being to be suppos'd that who the Commons Elected was fit for the Trust.
That it did not become him to offer assurance of his Constancy, Fidelity, and Vigilancy, the just Sence of the Honour conferred upon him, being an Engagement for him to do and suffer whatever Flesh and Blood could do and suffer in their choice.
That it was a time not to speak much, but act well, and therefore de∣sired that their Debates might be re∣gular and orderly without reflection or passion, and that his behaviour might have their kind and candid Constru∣ction.
Upon Tuesday the 22d of March, the Commons attended his Majesty in the Lord's House; at which time Mr. Spea∣ker humbly represented in another Speech.
That the Commons in obe∣dience
to his Royal pleasure for the disposal of themselves in that great As∣sembly to serve him, had with one voice elected him their Speaker, as having had the Honour to serve his Ma∣jesty and the Commons in that Trust in the last Parliament.
Whereupon with all humility he did again by their Command to receive his pleasure with a Head and Heart full of Loyalty to his Sacred Person, armed with a settled resolution never to de∣part from his Majesties ancient and well settled Government.
To which the Lord Chancellor in few words made Answer, That his Ma∣jesty had well considered the Choice, and did very well approve of the Election, and allowed him for Speaker.
Then Mr. Speaker made another Ad∣dress to his Majesty, setting forth how much his Majesties Grace and favour in the last Parliament, continu'd by the Honour he had in the next, did encrease his Obligations to Loyalty. That as he was set in a High Station, so he would endeavour to manifest his uprightness in it; believing that his Majesties service in that great Place was one and the same
with that of his Commons, no more to be divided then his Crown and Scep∣tor.
After which, he made an humble claim in the Name of the Commons of England, of all the Ancient Rights for them and their Servants, freedom of Speech in their debates, and liberty of access to his Person, according to Custome.
Concluding by way of Petition to his Majesty, that nothing by him said, ei∣ther through weakness or inadvertency, should tend to the prejudice of the Com∣mons, and that his behaviour and pro∣ceedings might receive a favourable In∣terpretation from his Majesty.
To which the Lord Chancellor by his Majesties command reurned for Answer, That their Petitions were fully and free∣ly granted, in as large and ample manner as ever any House enjoy'd them; his Majesty being assur'd that the House would make as prudent a use of them, as ever any of their Ancestors; and that his own particuar Petition was grateful to the King too, knowing that he would be as ready to avoid, as the King to for∣give mistakes. The next day being the Twenty-third, was spent in taking the
Oaths of Allegiance and Supremacy, and subscribing the Declaration directed by the Act made in the Thirteenth year of the King.
Thursday the Twenty-Fourth produc'd little remarkable, several Petitions about Elections were presented; and an Order made for setting the next Saturday aside to consider of a means for securing the Protestant Religion, and the safety of the Kings Person.
The Twenty-Fift of March, being Fri∣day, the Lords sent down the Answer of Sir William Scrogs to the Articles of Im∣peachment exhibited against him by the former Parliament, together with his Pe∣tition to the house of Peers. But nothing was done in it; for the House fell upon three affairs of Higher concern∣ment.
The first was the consideration of the matter relating to a Bill, which had pas∣sed both Houses in the last Parliament, Entitl'd, An Act for Repeal of a Statute made in the Thirty-Fift Year of the Reign of Queen Elizabeth, but was not tendered to his Majesty for his Royal Assent. Whereupon it was resolv'd that a Message should be sent to the Lords, to
desire a Conferencc as to matters relating to the Constitution of Parliaments in pas∣sing of Bills; and Ordered a Committee to prepare what was fit to be offered at the said Conference.
Another Message was also Ordered to be sent to the Lords to put them in mind, that the Commons had formerly by their Speaker demanded judgment of High Treason at their Barr against the Earl of Danby; and therefore to desire their Lordships to appoint a day to give judg∣ment against him the said Earl upon the said Impeachment.
The same day the Examination of Ed. Fits-Harris, relating to the Popish Plot was read in the House. Upon which the said Examination was Ordered to be Printed, the said Fits-Harris to be im∣peached at the Lords Barr, and a Com∣mittee appointed to draw up Articles against him.
The Sum of Fits-Harris's Examination was this, That in the Year 1672. One Father-Gough, an English Priest should tell him at Paris, that within two Years after, he should see the Catholick Religion established in England. To which pur∣pose if the King would not comply, that
Order was taken that he sho••ld be taken off and kill'd.
That the same Priest told him, that the D. of T. was a Catholick, so made by his Mother, in whose Reign there would be no difficulty of doing it.
And farther, that the Declaration of Indulgence, and the War against Holland were in Order to the introducing of the Catholick Religion into England.
And the same Author reported to him, That Madam came over to Dover, about the same design.
That he knew several Commanders in the Army mustered upon Black-Heath, to be Roman-Catholick's, and that it was the common Intelligence and Opinion among them that the said Army was rais'd to bring in the Romon-Catholick-Re∣ligion into England.
That in the Year 1679. Marquess Mon∣tecuculi, the D. of Modena's Envoy, told him, if he would undertake to kill the King, either in his own Person, or by any other, he should have Ten-Thousand pound.
That the same Marquess told him, that upon killing the King, the Army in Flan∣ders and Parts adjoying to France, was to
come over to destroy the Protestant-Par∣ty, after which there should be no more Parliaments in England; and that the D. of Y. was privie to all these designs. That in the Year 1680. He met Kelley the Priest at Calice, who owned himself to be one of the Murtherers of Sir Edmundbury Godfrey, and that the same was done, much as Prance had related it; and,
That Monsieur De-Puy a Servant to the D. of Y. had told him, soon after the said Murther was committed, that the said Murther was consulted at Windsor; and farther told him, that there was a ne∣cessity of taking off the King, and that it would soon be done; with some o∣ther passages of less remark to the same purpose. Upon this Information Mr. Se∣cretary Jenkins was Ordered to go up and impeach the said Fits-Harris, at the Barr of the Lords House.
In the mean time, that is to say, in the forenoon of the next day, being Saturday the 26 of March; other Examinations of Mr. John Serjeant and David Maurice, re∣lating to the Popish-Plot were Read, and Ordered to be Printed. That of Serjeant was short, that a Gentlewoman an Acquaintance of his in Flanders, one Mrs.
Skipwith told him, That Gawen, one of the Five Jesuits which were Hang'd, had maintain'd against a scruple of Conscience by her put, that the Queen might not only lawfully kill the King for violating her Bed, but was bound to do it, and that if she did not, she was guilty of his greater Damnation in letting him continue so long.
Maurice's Information was shorter, That he heard the Gentlewoman confirm the Truth of Gawens words.
Presently after, the House taking into debate the means for the security of the Protestant Religion, and safety of his Ma∣jesties Person, came to a Resolution, that a Bill should be brought in for excluding James D. of York from Inheriting the Im∣perial Crowns of England and Ireland, and the Dominions and Territories there∣to belonging.
The same Day in the Afternoon, the House being inform'd that the Lords had refus'd to proceed upon their Impeachment of Edward-Fits-Harris, and had direct∣ed, that he should be proceeded against at Common-Law, They came to three Re∣solves.
That it was the undoubted Right of the
Commons in Parliament assembl'd to impeach before the Lords in Parliament: any Peer or Commoner for Treason, or any other Crime or Misdemeanour, and that the Refusal of the Lords to proceed in Parliament upon such an Impeachment was a denial of Justice, and a violation of the Constitution of Parliaments.
Secondly, That in the Case of Edward Fits-Harris, who had been impeach'd by the Commons for High Treason before the Lords, with a Declaration, that in con∣venient time they would bring up Articles against him, for the Lords to resolve, That the said Fits-Harris should be pro∣ceeded against according to the Course of Common-Law, and not by way of Im∣peachment in Parliament, at that time, was a violation of the Constitution of Parlia∣ments, and an Obstruction to the farther Discovery of the Popish-Plot, and of great danger to his Majesties Person, and the Protestant-Religion.
Thirdly for any Inferiour Court to pro∣ceed against Edward Fits-Harris, or any other Person lying under an Impeachment in Parliament, for the same Crime, for which they stood impeached, was a High breach of the Priviledge of Parlia∣ment.
After this, they Ordered two Bills to be brought in, The one for the better Uni∣ting his Majesties Protestant-Subjects;
The other for banishing the most consi∣derable Papists in England by their Names out of his Majesties Dominions.
Munday the Twenty-eighth Day of March, and last of the Session little re∣markable pass'd, only the Bill of Exclusion was read a Second time.
But these and all other their debates that Morning put a suddain Conclusion, for soon after being sent for by the King to the House of Lords: his Majesty told them, That their beginnings had been such that he could expect no good success of this Parliament, and therefore thought fit to dissolve them, and accordingly the Chan∣cellor by the Kings command declared the Parliament dissolv'd.
After the Dessolution of the Parliament, the King went back to Windsor, the same Day, and from thence after a stay of some few Hours, returned to White-Hall▪
I will not ask Thee, what were the Coffee-Houses Censures and Comments upon an Action of so much importance, and so suddain as this.
No, for if Thou didst, it would
be to no purpose: For Thou knowest I have little to do there; but the first thing that I saw in Publick upon the Stalls, was a Half-sheet of Paper entitled,
The Protestation of the Lords,
Upon rejecting the Impeachment of Mr. Fits-Harris; giving for Reasons, why it was the undoubted Right of the Commons so to do, because great Offences that in∣fluence the Parliament, were most ef∣fectually determined in Parliament, nor could the complaint be determin'd any where else. For that if the Party should be Indicted in the Kings Bench, or any other Inferiour Court for the same Offence, yet it were the same Suit; an Impeachment being at the suite of the Peo∣ple, but an Indictment at the suite of the King. Besides that they conceived it to be a denial of Justice, in regard the House of Peers, as to Impeachments, proceeding by Vertue of their Judicial, not their Le∣gislative Power, could not deny any Sui∣tors, but more especially the Commons of England, no more then the Courts of West∣minster, or any other Inferiour Courts could deny any Suite or Criminal Cause regularly Commenced before them.
Sign'd according to the Printed Copy,
- ...Monmuoth
- ...Kent.
- ...Huntington.
- ...Bedford.
- ...Salisbury.
- ...Clare.
- ...Stamford.
- ...Sunderland.
- ...Essex.
- ...Shaftsbury.
- ...Macclesfield.
- ...Mordant.
- ...Wharton.
- ...Paget.
- Grey of Wark.
- Herbert of
- ...Cherbury.
- ...Cornwallis.
- ...Lovelace.
- ...Crew.
Upon the Munday next after Easter-Week, came forth His Majesties Declaration, shewing the Causes and Reasons that mov'd him to dissolve the Two last Par∣liaments.
Wherein after he had set forth with how much reluctancy he did it, and how abso∣lute his Intentions were to have comply'd, as far as would have consisted with the very being of the Government, with any thing that could have been propos'd to him for preserving the Establish'd Religion, the Liberty and Property of the Subject at home, and supporting the Forraign Allian∣ces, he took notice of the unsuitable Re∣turns of the House of Commons; their Ad∣dresses in the Nature of Remonstrances; their Arbitrary Orders for taking Persons into Custody for Matters that had no Relation to their Priviledges; and their
strange Illegal Votes declaring divers Em∣minent Persons, Enemies to the King and Kingdom, without any Order or Process of Law or hearing their Defence.
That besides these Proceedings they had Voted,
That whoever should Lend any Money upon the Branches of the Revenue, or Buy any Tally of Anticipation, or pay any such Tally should be adjudged to hin∣der the sitting of Parliaments, and be answerable to the same in Parliament. Which Votes, instead of giving him Assi∣stance, tended rather to disable him, and to expose him to all dangers that might happen at Home or Abroad, and to de∣prive him of the possibility of supporting the Government it self, and to reduce him to a more helpless Condition then the meanest of his Subjects.
That they had Voted the Prosecution of Protestant Dissenters, upon the Penal-Laws a grievance to the Subject, a weakning to the Protestant Interest, an Encourage∣ment to Popery, and dangerous to the Peace of the Kingdom. Whereby they assu∣med to themselves a Power of suspending Acts of Parliament. Which unwarrantable Proceedings were the Occasion of his part∣ing
with the first Parliament. That ha∣ving Assembled another at Oxford, he gave them warning of the Errors of the former, and required them to make the Law of the Land their Rule, as he resolv'd it should be his. Adding withal, that though he could not depart from what he had so often de∣clared touching the Succession, Yet to remove all Reasonable fears that might arise from a Popish Successor; if means could be found that in such a Case the Ad∣ministration of the Government might re∣main in Protestant Hands, he was ready to hearken to any expedient for the preserva∣tion of the Establish'd Religion without the Destruction of Monarchy.
Notwithstanding all which, no expedient could be found, but that of a Total Exclu∣sion, which he was so nearly concern'd in Honour, Justice and Conscience not to Consent to. Nor did he believe, as he had Reason so to do, but that if he had in the last Parliament at Westminster consented to a Bill of Exclusion; that the Intent was not to have rested there, but to have attempted some other great and important Changes.
That the business of Fits-Harris, impeach'd by the Commons of High Treason, and by the Lords referred to the Ordinary Course
of Law, was on a suddain carried to that Extremity by the Votes of the House of Commons, March 26. That there was no possibility left of a Reconciliation.
Whereby an impeachment was made use of, to delay a Tryal directed against a professed Papist, charg'd with Trea∣sons of an extraordinary Nature.
That nevertheless he was resolv'd that no Irregularities in Parliaments should make him out of love with them, but by the Blessing of God to have frequent Parliaments, and both in and out of Par∣liament, to use all his utmost endea∣vours to extirpate Popery, and to redress the Grievances of his good Sub∣jects, and in all things to Govern ac∣cording to the Laws of the Kingdom. This Declaration being published, was likewise ordered to be read in all Chur∣ches and Chapples thoroughout the Kingdom. And thus my dear Friend Fame (for thou art some times a Friend to me as well as to Falshood) I have been Candid toward thee, in giving Thee plainly without Comment or Observa∣tions either on the one side or the other, a true Accompt of the most Memorable passages of the Two last Parliaments, in
due Series and Connexion for the aid and assistance of thy Memory. Now take thy flight, and make the best Use of thy Pacquet which thou canst. If thou seek'st for more, go look among the Intelligences; which though they will deceive Thee: may perhaps better tic∣kle the Fancies then the Judgments of the People.
Note, That those that have this Mark (*) after them, were not Members of the foregoing Parlia∣ment.
Note that the LORDS under Age are not Call'd by the King's WRIT. And Papists are exclu∣ded by Law.
The COMMONS, in all 513.
New Members Returned, 110.