NEW ELECTIONS. quired, he pleaded the cause against them, brow-beat | testant could be induced at his death, to persist in so their witnesses, and on every occasion represented manifest a falsehood. their guilt as certain and uncontroverted. He even went so far as publicly to affirm, that the papists had not the same principles which protestants have, and therefore were not entitled to that common credence, which the principles and practices of the latter call for. And when the jury brought in their verdict against the prisoners, he said, "You have done, gentlemen, like very good subjects, and very good Christians, that is to say, like very good protestants; and now much good may their 30,000 masses do them;" alluding to the masses by which Pickering was to be rewarded for murdering the king. All these unhappy men went to execution, protesting their innocence-a circumstance which made no impression on the spectators. The opinion, that the jesuits allowed of lies and mental reservations, for promoting a good cause, was at this time so universally received, that no credit was given to testimony delivered either by that order, or by any of their disciples. It was forgotten, that all the conspirators engaged in the gunpowder-treason, and Garnet, the jesuit, among the rest, had freely on the scaffold made confession of their guilt. 1679. Though Bedloe had given information of Godfrey's murder, he still remained a single evidence against the persons accused; and all the allurements of profit and honour had not hitherto tempted any one to confirm the testimony of that informer. At last means were found to complete the legal evidence. One Prance, a silversmith, and a catholic, had been accused by Bedloe of being an accomplice in the murder; and upon his denial had been thrown into prison, loaded with heavy irons, and confined to the condemned hole, a place cold, dark, and full of nastiness. Such rigours were supposed to be exercised by orders from the secret committee of lords, particularly Shaftesbury and Buckingham; who, in examining the prisoners, usually employed (as it is said, and indeed sufficiently proved) threatenings and promises, rigour and indulgence, and every art, under pretence of extorting the truth from them. Prance had not courage to resist, but confessed himself an accomplice in Godfrey's murder. Being asked concerning the plot, he also thought proper to be acquainted with it, and conveyed some intelligence to the council. Among other absurd circumstances, he said, that one Le Fevre bought a second-hand sword of him; because he knew not, as he said, what times were at hand: and Prance expressing some concern for poor tradesmen, if such times came; Le Fevre replied, that it would be better for tradesmen, if the catholic religion were restored and particularly, that there would be more church work for silversmiths. All this information, with regard to the plot, as well as the murder of Godfrey, Prance solemnly retracted, both before the king and the secret committee; but being again thrown into prison, he was induced, by new terrors and new sufferings, to confirm his first information, and was now produced as a sufficient evidence. As the army could neither be kept up, nor disbanded, without money, the king, how little hopes soever he could entertain of more compliance, found himself obliged to summon a new parliament. The blood, already shed on account of the popish plot, instead of satiating the people, served only as an incentive to their fury; and each conviction of a criminal was hitherto regarded as a new proof of those horrible designs imputed to the papists. This election is perhaps the first in England, which since the commencement of the monarchy, had been carried on by a violent contest between the parties, and where the court interested itself, to a high degree, in the choice of the national representatives. But all its efforts were fruitless, in opposition to the torrent of prejudices which prevailed. Religion, liberty, property, even the lives of men, were now supposed to be at stake; and no security, it was thought, except in a vigilant parliament, could be found against the impious and bloody conspirators. Were there any part of the nation to which the ferment, occasioned by the popish plot, had not as yet propagated itself; the new elections, by interesting the whole people in public concerns, tended to diffuse it into the remotest corner; and the consternation universally excited, proved an excellent engine for influencing the electors. All the zealots of the former parliament were re-chosen: new one's were added; the presby. terians in particular, being transported with the most inveterate antipathy against popery, were very active and very successful in the elections. That party, it is said, first began at this time the abuse of splitting their freeholds, in order to multiply votes and electors. By accounts which came from every part of England, it was concluded, that the new representatives would, if possible, exceed the old in their refractory op position to the court, and furious persecution of the catholics. The king was alarmed, when he saw so dreadful a tempest arise from such small and unaccountable beginnings. His life, if Oates and Bedloe's information were true, had been aimed at by the catholics: even the duke's was in danger: the higher, therefore, the rage mounted against popery, the more should the nation have been reconciled to these princes, in whom, it appeared, the church of Rome reposed no confidence. But there is a sophistry, which attends all the passions; especially those into which the populace enter. Men gave credit to the informers, so far as concerned the guilt of the catholics. But they still retained their old suspicions, that these religionists were secretly favoured by the king, and had obtained the most entire ascendant over his brother. Charles had too much penetration not to see the danger to which the succession, and even his own crown and dignity, now stood exposed. A numerous party, he found, was formed against him; on the one hand composed of a populace, so credulous Hill, Green, and Berry were tried for Godfrey's from prejudice, so blinded with religious antipathy, as murder; all of them men of low stations. Hill was implicitly to believe the most palpable absurdities; and servant to a physician: the other two belonged to the conducted, on the other hand, by leaders so little popish chapel at Somerset-house. It is needless to scrupulous, as to endeavour, by encouraging perjury, run over all the particulars of a long trial: it will be subornation, lies, impostures, and even by shedding sufficient to say, that Bedloe's evidence and Prance's innocent blood, to gratify their own furious ambition, were, in many circumstances, totally irreconcilable; and subvert all legal authority. Roused from his that both of them laboured under unsurmountable lethargy by so imminent a peri!, he began to exert that difficulties, not to say gross absurdities; and that they vigour of mind, of which, on great occasions, he was were invalidated by contrary evidence, which is not destitute; and without quitting in appearance his altogether convincing. But all was in vain: the usual facility of temper, he collected an industry, firmprisoners were condemned and executed. (February ness, and vigilance, of which he was believed alto21 and 28.) They all denied their guilt at their exe-gether incapable. These qualities, joined to dexterity cution; and as Berry died a protestant, this circumstance was regarded as very considerable: but, instead of its giving some check to the general credulity of the people, men were only surprised, that a proVOL L and prudence, conducted him happily through the many One chief step, which the king took, towards grati- | principles, upon which it could be decided. By way fying and appeasing his people and parliament, was of compromise, it was agreed to set aside both candidesiring the duke to withdraw beyond sea, that no dates. Gregory, a lawyer, was chosen; and the elec. further suspicion might remain of the influence of tion was ratified by the king. It has ever since been popish counsels. The duke readily complied; but first understood that the choice of the speaker lies in the required an order for that purpose, signed by the king, house; but that the king retains the power of rejectlest his absenting himself should be interpreted as a ing any person disagreeable to him. proof of fear or of guilt. He also desired that his brother should satisfy him, as well as the public, by a declaration of the illegitimacy of the duke of Monmouth. DUKE OF MONMOUTH. James, duke of Monmouth, was the king's natural son by Lucy Walters, and born about ten years before the Restoration. He possessed all the qualities which could engage the affections of the populace; a distinguished valour, an affable address, a thoughtless generosity, a graceful person, He rose still higher in the public favour, by reason of the universal hatred to which the duke, on account of his religion, was exposed. Monmouth's capacity was mean; his temper pliant: so that, notwithstanding his great popularity, he had never been dangerous, had he not implicitly resigned himself to the guidance of Shaftesbury, a man of such a restless temper, such subtle wit, and such abandoned principles. That daring politician had flattered Monmouth with the hopes of succeeding to the crown. The story of a contract of marriage, passed between the king and Monmouth's mother, and secretly kept in a certain black box, had been industriously spread abroad, and was greedily received by the multitude. As the horrors of popery still pressed harder on them, they might be induced, either to adopt that fiction, as they had already done many others more incredible, or to commit open violation on the right of succession. And it would not be difficult, it was hoped, to persuade the king, who was extremely fond of his son, to give him the preference above a brother, who, by his imprudent bigotry, had involved him in such inextricable difficulties. But Charles, in order to cut off all such expectations, as well as to remove the duke's apprehensions, took care, in full council, to make a declaration of Monmouth's illegitimacy, and to deny all promise of his marriage with his mother. The duke being gratified in so reasonable a request, willingly complied with the king's desire, and retired to Brussels. NEW PARLIAMENT. March 6. But the king soon found, that, notwithstanding this precaution, notwithstanding his concurrence in the prosecution of the popish plot, notwithstanding the zeal which he expressed, and even at this time exercised against the catholics, he had nowise obtained the confidence of his parliament. The refractory humour of the lower house appeared in the first step which they took upon their assembling. It had ever been usual for the commons, in the election of their speaker, to consult the inclinations of the sovereign, and even the long parliament in 1641 had not thought proper to depart from so established a custom. The king now desired that the choice should fall on sir Thomas Meres: but Seymour, speaker to the last parliament, was instantly called to the chair, by a vote which seemed unanimous. The king, when Seymour was presented to him for his approbation, rejected him, and ordered the commons to proceed to a new choice. A great flame was excited. The commons maintained, that the king's approbation was merely a matter of form, and that he could not, without giving a reason, reject the speaker chosen: the king, that since he had the power of rejecting, he might, if he pleased, keep the reason in his own breast. As the question had never before been started, it might seem difficult to find DANBY'S IMPEACHMENT. Seymour was deemed a great enemy to Danby; and it was the influence of that nobleman, as commonly supposed, which had engaged the king to enter into this ill-timed controversy with the commons. The impeachment therefore of Danby was, on that account, the sooner revived; and it was maintained by the commons, that notwithstanding the intervening dissolution, every part of that proceeding stood in the same condi tion in which it had been left by the last parliamenta pretension which, though unusual, seems tacitly to have been yielded them. The king had beforehand had the precaution to grant a pardon to Danby; and in order to screen the chancellor from all attacks by the commons, he had taken the great seal into his own hands, and had himself affixed it to the parchment. He told the parliament that, as Danby had acted in everything by his orders, he was in no respect criminal: that his pardon, however, he would insist upon; and if it should be found anywise defective in form, he would renew it again and again, till it should be rendered entirely complete: but that he was resolved to deprive him of all employments, and to remove him from court. The commons were nowise satisfied with this concession. They pretended, that no pardon of the crown could be pleaded in bar of an impeachment by the commons. The prerogative of mercy had hitherto been understood to be altogether unlimited in the king; and this pretension of the commons, it must be confessed, was entirely new. It was however, not unsuitable to the genius of a monarchy, strictly limited where the king's ministers are supposed to be for ever accountable to national assemblies, even for such abuses of power as they may commit by orders from their master. The present emergence, while the nation was so highly inflamed, was the proper time for pushing such popular claims: and the commons failed not to avail themselves of this advantage. They still insisted on the impeachment of Danby. The peers, in compliance with them, departed from their former scruples, and ordered Danby to be taken into custody. Danby absconded. The commons passed a bill, appointing him to surrender himself before a certain day, the upper house, mitigating the penalty to banishment; or in default of it, attainting him. A bill had passed but after some conferences, the peers thought proper attainder was carried. Rather than undergo such to yield to the violence of the commons, and the bill of committed to the Tower. severe penalties, Danby appeared, and was immediately POPISH PLOT. While a protestant nobleman met with such violent prosecution, it was not likely that the catholics would of the popish plot still stood upon the oaths of a few be overlooked by the zealous commons. The credit infamous witnesses. Though such immense preparabowels of the kingdom, no traces of them, after the tions were supposed to have been made in the very most rigorous inquiry, had as yet appeared. Though 50 many thousands, both abroad and at home, had been engaged in the dreadful secret, neither hope, nor fear, In 1566, the speaker said to queen Elizabeth, that without her allowance the election of the house was of to significance.-D'Ewes's Journal, p. 97. In the parliament, 1592, 1593, the speaker, who was Sir Edward Coke, advances a like position.-Ibid, p. 459. Townshend, p. 35. So that this pr. tension of the commons seems to have been somewhat new; like many other powers and urivileges, nor remorse, nor levity, nor suspicions, nor private resentment, had engaged any one to confirm the evidence. Though the catholics, particularly the jesuits, were represented as guilty of the utmost indiscretion, insomuch that they talked of the king's murder as common news, and wrote of it in plain terms by the common post; yet, among the great number of letters seized, no one contained any part of so complicated a conspiracy. Though the informers pretended that, even after they had resolved to betray the secret, many treasonable commissions and papers had passed through their hands; they had not had the precaution to keep any one of them, in order to fortify their evidence. But all these difficulties, and a thousand more, were not found too hard of digestion by the nation and parliament. The prosecution and further discovery of the plot were still the object of general concern. The commons voted, that if the king should come to an untimely end, they would revenge his death upon the papists; not reflecting that this sect were not his only enemies. They promised rewards to new discoverers; not considering the danger, which they incurred, of granting bribes to perjury. They made Bedloe a present of 500 pounds, and particularly recommended the care of his safety to the duke of Monmouth. Colonel Sackville, a member, having in a private company, spoken opprobriously of those who affirmed that there was any plot, was expelled the house. The peers gave power to their committees to send for and examine such as would maintain the innocence of those who had been condemned for the plot. A pamphlet having been published to discredit the informers, and to vindicate the catholic lords in the Tower, these lords were required to discover the author, and thereby to expose their own advocate to prosecution. And both houses concurred in renewing the former vote, that the papists had undoubtedly entered into a horrid and treasonable conspiracy against the king, the state, and the protestant religion. It must be owned that this extreme violence, in prosecution of so absurd an imposture, disgraces the noble cause of liberty, in which the parliament was engaged. We may even conclude from such impatience of contradiction, that the prosecutors themselves retained a secret suspicion that the general belief was but illgrounded. The politicians among them were afraid to let in light, lest it might put an end to so useful a delusion: the weaker and less dishonest party took care, by turning their eyes aside, not to see a truth so opposite to those furious passions, by which they were actuated, and in which they were determined obstinately to persevere. Sir William Temple had lately been recalled from his foreign employments; and the king, who, after the removal of Danby, had no one with whom he could so much as discourse with freedom of public affairs, was resolved, upon Coventry's dismission, to make him one of his secretaries of state. But that philosophical patriot, too little interested for the intrigues of a court, too full of spleen and delicacy for the noisy turbulence of popular assemblies, was alarmed at the universal discontents and jealousies which prevailed, and was determined to make his retreat, as soon as possible, from a scene which threatened such confusion. Meanwhile, he could not refuse the confidence with which his master honoured him; and he resolved to employ it to the public service. He represented to the king, that, as the jealousies of the nation were extreme, it was necessary to cure them by some new remedy, and to restore that mutual confidence, so requisite for the safety both of king and people: that to refuse every thing to the parliament in their present disposition, or to yield everything, was equally dangerous to the constitution, as well as to public tranquillity: that if the king would introduce into his councils such men as enjoyed the confidence of his people, fewer concessions would probably be required; or if unreasonable demands were made the king, under the sanction of such counsellors, might be enabled, with the greater safety, to refuse them: and that the heads of the popular party, being gratified with the king's favour, would probably abate of that violence by which they endeavoured at present to pay court to the multitude. NEW COUNCIL. The king assented to these reasons; and, in concert with Temple, he laid the plan of a new privy-council, without whose advice he declared himself determined for the future to take no measure of importance. This council was to consist of thirty persons, and was never to exceed that number. Fifteen of the chief officers of the crown were to be continued, who, it was supposed, would adhere to the king, and, in case of any extremity, oppose the exorbitances of faction. The other half of the council was to be composed, either of men of character, detached from the court, or of those who possessed chief credit in both houses. And the king, in filling up the names of his new council, was well pleased to find that the members, in land and offices, possessed to the amount of 300,000 pounds a year; a sum nearly equal to the whole property of the house of commons, against whose violence the new council was intended as a barrier to the throne.* This experiment was tried, and seemed at first to give some satisfaction to the public. The earl of Essex, a nobleman of the popular party, son of that lord Capel who had been beheaded a little after the late king, was created treasurer in the room of Danby: the earl of Sunderland, a man of intrigue and capacity, was made secretary of state: viscount Halifax, a fine genius, possessed of learning, eloquence, industry, but subject to inquietude and fond of refinements, was admitted into the council. These three, together with Temple, who often joined them, though he kept himself more detached from public business, formed a kind of cabinet-council, from which all affairs received their first digestion. Shaftesbury was made president of the council, contrary to the advice of Temple, who foretold the consequence of admitting a man of so dangerous a character into any part of the public administration. As Temple foresaw, it happened. Shaftesbury, finding that he possessed no more than the appearance of court favour, was resolved still to adhere to the popular party, by whose attachment he enjoyed an undisputed superiority in the lower house, and possessed great influence in the other. The very appearance of court-favour, empty as it was, tended to render him more dangerous. His partisans observing the progress which he had already made, hoped that he would soon acquire the entire ascendant; and he constantly flattered them, that if they persisted in their purpose, the king, from indolence, and necessity, and fondness for Monmouth, would at last be induced, even at the expense of his brother's right, to make them every concession. Besides, the antipathy to popery, as well as jealousy of the king and duke, had taken too fast possession of men's minds, to be removed by so feeble a remedy as this new council projected by Temple. The commons, soon after the establishment of that council, proceeded so far as to vote unanimously, "That the duke of York's being a papist, and the hopes of his coming to the crown, had given the highest countenance to the present conspiracies and designs of the papists against the king and the protestant religion." It was expected that a bill for excluding him the throne would soon be brought in. Their names were; prince Rupert, the archbishop of Canterbury, lord Finch, chancellor, earl of Shaftesbury, president, carl of Angl sea, privy-scal, duke of Albemarle, duke of Monmouth, duke of Newcastle, duke of Landerdale, duke of Ormond, marquis of Winchester, marquis of Worcester, earl of Arlington, earl of Salisbury, earl of Bridgwater, earl of Sunderland, earl of Essex earl of Bath, viscount Fauconberg, viscount Halifax, bishopf London, lord Roberts, lord Hollis, lord Russell, lord Cavendish, secretary Cove.. try, sir Francis North, chief-justice, sir Henry Capel, sir John Farnley, Thomas Chicheley, sir William Temple, Edward Seymour, Henry Fowis. To prevent this bold measure the king concerted some limitations which he proposed to the parliament. He introduced his plan by the following gracious expressions: "And to show you that, while you are doing your parts, my thoughts have not been misemployed, but that it is my constant care to do everything that may preserve your religion, and secure it for the future in all events, I have commanded my lord-chancellor to mention several particulars, which, I hope, will be an evidence that, in all things which concern the public security, I shall not follow your zeal, but lead it." LIMITATIONS OF A POPISH SUCCESSOR. should be deemed guilty of the same offence; and that all who supported his title should be punished as rebels and traitors. This important bill, which implied banishment as well as exclusion, passed the lower house by a majority of seventy-nine. The commons were not so wholly employed about the exclusion bill as to overlook all other securities to liberty. The country party during all the last parlia ment, had much exclaimed against the bribery and corruption of the members; and the same reproach had been renewed against the present parliament. An inquiry was made into a complaint which was so dangerous to the honour of that assembly, but very little foundation was found for it. Sir Stephen Fox, who was the paymaster, confessed to the house that The limitations projected were of the utmost im- nine members received pensions to the amount of portance, and deprived the successor of the chief three thousand four hundred pounds: and after a branches of royalty. A method was there chalked rigorous inquiry by a secret committee, eight more out, by which the nation, on every new reign, could pensioners were discovered. A sum also, about twelve be ensured of having a parliament, which the king thousand pounds, had been occasionally given or lent should not, for a certain time, have it in his power to to others. The writers of that age pretended that dissolve. In case of a popish successor, the prince was Clifford and Danby had adopted opposite maxims with to forfeit the right of conferring any ecclesiastical pre- regard to pecuniary influence. The former endeaferments: no member of the privy-council, no judge voured to gain the leaders and orators of the house, of the common law, or in chancery, was to be put in and deemed the others of no consequence. The latter or displaced but by consent of parliament: and the thought it sufficient to gain a majority, however comsame precaution was extended to the military part of posed. It is likely that the means, rather than the the government; to the lord-lieutenants and deputy-intention, were wanting to both these ministers. lieutenants of the counties, and to all officers of the navy. The chancellor, of himself, added, "It is hard to invent another restraint; considering how much the revenue will depend upon the consent of parliament, and how impossible it is to raise money without such consent. But yet, if anything else can occur to the wisdom of parliament, which may further secure religion and liberty against a popish successor, without defeating the right of succession itself, his majesty will readily consent to it.” It is remarkable that, when these limitations were first laid before the council, Shaftesbury and Temple were the only members who argued against them. The reasons which they employed were diametrically opposite. Shaftesbury's opinion was, that the restraints were insufficient; and that nothing but the total exclusion of the duke could give a proper security to the kingdom. Temple, on the other hand, thought that the restraints were so rigorous as even to subvert the constitution; and that shackles, put upon a popish successor, would not afterwards be easily cast off by a protestant. It is certain that the duke was extremely alarmed when he heard of this step taken by the king, and that he was better pleased even with the bill of exclusion itself, which, he thought, by reason of its violence and injustice, could never possibly be carried into execution. There is also reason to believe that the king would not have gone so far, had he not expected, from the extreme fury of the commons, that his concessions would be rejected, and that the blame of not forming a reasonable accommodation would by that means he entirely at their door. BILL OF EXCLUSION. It soon appeared that Charles had entertained a just opinion of the dispositions of the house. So much were the commons actuated by the cabals of Shaftesbury and other malcontents; such violent antipathy prevailed against popery, that the king's concessions, though much more important than could reasonably have been expected, were not embraced. A bill was brought in for the total exclusion of the duke from the crowns of England and Ireland. It was there declared, that the sovereignty of these kingdoms, upon the king's death or resignation, should devolve to the person next in succession after the duke; that all acts of royalty which that prince should afterwards perform, should not only be void, but be deemed treason; that if he so much as entered any of these dominions, he Pensions and bribes, though it be difficult entirely to exclude them, are dangerous expedients for government; and cannot be too carefully guarded against, nor too vehemently decried, by every one who has a regard to the virtue and liberty of a nation. The influence, however, which the crown acquires from the disposal of places, honours, and preferments, is to be esteemed of a different nature. This engine of power may become too forcible, but it cannot altogether be abolished, without the total destruction of monarchy, and even of all regular authority. But the commons at this time were so jealous of the crown, that they brought in a bill, which was twice read, excluding from the lower house all who possessed any lucrative office. The standing army, and the king's guards, were by the commons voted to be illegal: a new pretension it must be confessed; but necessary for the full security of liberty and a limited constitution. HABEAS CORPUS BILL. Arbitrary imprisonment is a grievance which, in some degree, has place almost in every government, except in that of Great Britain; and our absolute security from it we owe chiefly to the present parliament, a merit which makes some atonement for the faction and violence into which their prejudices had, in other particulars betrayed them. The Great Charter had laid the foundation of this valuable part of liberty; the Petition of Right had renewed and extended it; but some provisions were still wanting to render it complete, and prevent all evasion or delay from ministers and judges. The act of habeas corpus, which passed this session, served these purposes. By this act it was prohibited to send any one to a prison beyond sea. No judge, under severe penalties, must refuse to any prisoner a writ of habeas corpus, by which the gaoler was directed to produce in court the body of the prisoner, (whence the writ has its name,) and to certify the cause of his detainer and imprisonment. If the gaol lie within twenty miles of the judge, the writ must be obeyed in three days; and so proportionably for greater distances: every prisoner must be indicted the first term after his commitment, and brought to trial in the subsequent term. And no man, after being enlarged by order of court, can be recommitted for the same offence. This law seems necessary for the protection of liberty in a mixed monarchy; and as it has not place in any other form of government, this consideration alone may induce us to prefer our present constitution to all others. It must, however, be confessed, that there is some difficulty to reconcile with such extreme liberty the full security and the regular police of a state, especially the police of great cities. It may also be doubted whether the low state of the public revenue in this period, and of the military power, did not still render some discretionary authority in the crown necessary to the support of government. During these zealous efforts for the protection of liberty, no complaisance for the crown was discovered by this parliament. The king's revenue lay under great debts and anticipations: those branches granted in the year 1669 and 1670 were ready to expire and the fleet was represented by the king as in great decay and disorder. But the commons, instead of being affected by these distresses of the crown, trusted chiefly to them for passing the exclusion bill, and for punishing and displacing all the ministers who were obnoxious to them. They were therefore in no haste to relieve the king; and grew only the more assuming on account of his complaints and uneasiness. Jealous, however, of the army, they granted the same sum of 206,000 pounds, which had been voted for disbanding it by the last parliament; though the vote, by reason of the subsequent prorogation and dissolution, joined to some scruples of the lords, had not been carried into an act. This money was appropriated by very strict clauses; but the commons insisted not, as formerly, upon its being paid into the chamber of London. The impeachment of the five popish lords in the Tower, with that of the earl of Danby, was carried on with vigour. The power of this minister, and his credit with the king, rendered him extremely obnoxious to the popular leaders; and the commons hoped that, if he were pushed to extremity, he would be obliged, in order to justify his own conduct, to lay open the whole intrigue of the French alliance, which they suspected to contain a secret of the most dangerous nature. The king, on his part, apprehensive of the same consequences, and desirous to protect his minister, who was become criminal merely by obeying orders, employed his whole interest to support the validity of that pardon which had been granted him. The lords appointed a day for the examination of the question, and agreed to hear counsel on both sides: but the commons would not submit their pretensions to the discussion of argument and inquiry. voted, that whoever should presume, without their leave, to maintain before the house of peers the validity of Danby's pardon, should be accounted a betrayer of the liberties of the English commons. And they made a demand, that the bishops, whom they knew to be devoted to the court, should be removed, not only when the trial of the earl should commence, but also when the validity of his pardon should be discussed. They The bishops before the Reformation had always enjoyed a seat in parliament: but so far were they anciently from regarding that dignity as a privilege, that they affected rather to form a separate order in the state, independent of the civil magistrate, and accountable only to the pope and to their own order. By the Constitutions, however, of Clarendon, enacted during the reign of Henry II., they were obliged to give their presence in parliament; but as the canon law prohibited them from assisting in capital trials, they were allowed in such cases the privilege of absenting themselves. A practice, which was at first voluntary, became afterwards a rule; and on the earl of Strafford's trial, the bishops who would gladly have attended, and who were no longer bound by the canon law, were yet obliged to withdraw. It had been usual for them to enter a protest, asserting their right to sit; and this protest, being considered as a mere form, was always admitted and disregarded. But here was started a new question of no small importance. The commons, who were now enabled, by the violence of the people and the necessities of the crown to make new acquisitions of powers and privileges, insisted that the bishops had no more title to vote in the question of the earl's pardon than in the impeachment itself. The bishops asserted that the pardon was merely a preliminary; and that, neither by the canon law nor the practice of parliament, were they ever obliged, in capital cases, to withdraw till the very commencement of the trial itself. If their absence was considered as a privilege, which was its real origin, it depended on their own choice, how far they would insist upon it. If regarded as a diminution of their right of peerage, such unfavourable customs ought never to be extended beyond the very circumstance established by them; and all arguments, from a pretended parity of reason, were in that case of little or no authority. PROROGATION AND DISSOLUTION OF THE PARLIAMENT. July 10. The house of lords was so much influenced by these reasons, that they admitted the bishops' right to vote, when the validity of the pardon should be examined. The commons insisted still on their withdrawing; and thus a quarrel being commenced between the two houses, the king, who expected nothing but fresh instances of violence from this parliament, began to entertain thoughts of laying hold of so favourable a pretence, and of finishing the session by a prorogation. While in this disposition, he was alarmed with sudden intelligence, that the house of commons was preparing a remonstrance, in order to inflame the nation still further upon the favourite topics of the plot and of popery. He hastened, therefore, to execute his intention, even without consulting his new council, by whose advice he had promised to regulate his whole conduct. And thus were disappointed all the projects of the malcontents, who were extremely enraged at this vigorous measure of the king's. Shaftesbury publicly threatened that he would have the head of whoever had advised it. The parliament was soon after dissolved without advice of council; and writs were issued for a new parliament. The king was willing to try every means which gave a prospect of more compliance in his subjects; and in case of failure, the blame, he hoped, would lie on those whose obstinacy forced him to extremities. TRIAL AND EXECUTION OF THE FIVE But, even during the recess of parliament, there was no interruption to the prosecution of the catholics, accused of the plot: the king found himself obliged to give way to this popular fury. Whitebread, provincial of the jesuits, Fenwic, Gavan, Turner, and Harcourt, all of them of the same order, were first brought to their trial. Besides Oates and Bedloe, Dugdale, a new witness, appeared against the prisoners. This man had been steward to lord Aston, and though poor, possessed a character somewhat more reputable than the other two: but his account of the intended massacres and assassinations was equally monstrous and incredible. He even asserted that 200,000 papists in England were ready to take arms. The prisoners proved, by sixteen witnesses from St. Omers, students, and most of them young men of family, that Oates was in that seminary at the time when he swore that he was in London: but as they were catholics, and disciples of the jesuits, their testimony, both with the judges and jury, was totally disregarded. Even the reception which they met with in court was full of outrage and mockery. One of them saying that Oates always continued at St. Omers, if he could believe his senses; "You papists," said the chief-justice, “are taught not to believe your senses." It must be confessed that |