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33 Car. II.

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A.D.1689. don, if he would make any further Discovea

ries of that Plot ; even Shaftsbury himself plied
him very hard to make him a Discoverer :
Whereupon the King thought fit to remove
the Prisoner from Newgate to the Tower. But
I come now to give an Account of the Trans-
a&tions of the Parliament at Oxford, who in-
terested themselves much in this Business of

Fitzbarris.
The King's The Parliament assembling at Oxford the
Speech to
his last

2ift of March, his Majesty made a Speech Parliament to both Houses; wherein he told them, That

the unwarrantable Proceedings of the House of Commons were the Occasion of his parting with that Parliament; for as he would never use Arbitrary Government himfelf, he was resolved not to suffer it in others; it might be wondered he had Patience with them fo long, rather than that at last he grew weary of their Proceedings; he thought it necessary to say thus much, that he might not have any new Occasion given him to remember their Miscarriages; but they might see by his calling a Parliament fo foon, that no Irregularities in Parliament should make him out of love with them; and he now offered them another Opportunity of providing for their Security, by giving that Countenance and Prore&tion to their Neighbours and Allies, which they coựld not but know they extremely needed at this Instant: He advised them also, that their juft Care for Religion might not be managed and improved into unnecefsary Fears, and made a Pretence for changing the Foundation of the Government: Then he put them in mind of the further Prosecution of the Plot, the Trial of the Lords in the Tower, the speedy Conviớion of Recufants, and, if

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33 Car. II.

it was pra&icable, the ridding themselves 4.D.168;: quite of that Party; but advised them not to lay so much Stress on any one Expedient against Popery, as to determine that all others are ineffe&ual; and, among all their Cares for Religion, to remember, that without the Safety and Dignicy of the Monarchy, neither Religion nor Property could be preserved ; That he would not depart from what he had so often declared concerning the Succession, but to remove all reasonable Fears that might arise from a Popish Successor, he was content that in such a case the Administration should remain in Protestant Hands ; concluding with this further Advice, That the Rules and Measures of all their Vores might be the known and established Laws of the Land; and he had the more Reason to require the Laws should be their Rule, because he was resolved they should be his own Rule.

The Commons having ele&ed Wiliam Wils liams, Esq; a Barrifter of Gray's- Inn, who was Speaker of the last Parliament, for their Speaker, it was easy to discern, as Williams himself observed in his Speech to the Throne, That they were not inclinable to change their Measures: And indeed they began where the laft Parliament left off; viz. by preparing a Bill They go against the Succession of the Duke of York, upon the and another for the Repeal of the penal Laws Exclusion against the Dissenters, one of the fame Tenor again. having been misaid the last Sessions, whereby A Bill it missed of receiving the Royal Assent: This mislaid. they were in a great Heat about, as if it had been millaid by Design; and they were for calling the Clerk of the House of Lords to an Account. Then they proceeded to exa- peach Fiszą mine the Affair of Fitzharris; and, in order barris.

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33 Car. II.

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A.D.1681 to have the greater Influence over that Wretch,

and make him speak what they should di&ate,

they impeached him of High-Treason: But The Lords the Lords finding no manner of Reason why reject it: the Prosecution of him should not be left to

the ordinary Courts of Law, rejeđed the ImWhich oc- peachment : Whereupon the Commons apcasions a peared no less disgusted with the House of Difference Peers, than they were with the Court. Sir the two

Thomas Littleton said, The Lords would be a Houses. Court or no Court, to serve a present Turn;

Sir William Jones exclaimed against them, and
more particularly against the Bishops, affirm-
ing they had no Right to vote in this case ;
and Ser jeant Maynard bauled out, Their AL
was at Stake, if they must not profecute; and
after some other fmart Sayings on the same
Subjeđ, the House resolved, That it was the
undéubred Right of the Commons, to impeach any
Peer or Cimmoner before the Lords; and that
their fufal' to proceed on this Impeachment of
Ficzharris, was a Denial of Justice, and a Vio-
lation of the Constitution of Parliaments; an Ob-
struction to the further Discovery of the Plot, and
of great Danger to his Majesty's Person, and the
Protestant Religion : And lastly, That if any
Inferior Court should proceed against Ed-
ward Fitzharris, or any other Person lying un-
der an Impeachment of Parliament, it would
be a high Breach of the Privileges of Par-
Jiament. Whereupon the King came on a
fudden to the House of Lords on the
twenty eighth of March, and having sent
for the Commons, told them, He perceived
there were great Heats between the Lords
and Commons; and their Beginnings had
been fuch, as he could expe&t no good Suc-
cess of this Parliament, and therefore he

thought

thought fit to diffolve them. After which the A.D.16813 King immediately took Coach, and drove to Windfor, not being without Apprehensions of 33Car. II. Danger from the Behaviour of the Commons, The King and the arm'dTroops they brought with them. disolves

Indeed his Majesty seems to have conde-them, and scended to the Commons in this Parliament, Windfor. beyond what could have been expected, in the Expedients that were offered in the Room of the Bill of Exclusion, and which indeed came very lit:le short of an Exclusion, if Mr. Echard has given us a true Account of them. This Historian relates, that a Paper of Expedients Expediwas read in the House, wherein it was pro-ents proposed, That the Duke of York should be ba- posed innilh'd five hundred Miles from the British Bill of ExDominions : That the whole Government, clulion. upon the Demise of the King, should be vested in a Regent, for such Time as the Duke should survive: That this Regent should be the Princess of Orange; and in Cafe she should die without Issue, or with Issue in Minority, then the Princess Anne should be Regent : That if the Duke had a Son educated a Protestant, the said Princeffes refpe&ively should succeed in the Regency during such Minority,but no longer: That the said Regents however should govern in the Name of King James II while he lived : That the Prince and Princess of Orange, and all Officers, Civil and Military, should take their Oaths to see that A& duely executed : That a Parliament should be called in Scotland, in Order to pass an Ad of the like Nature there : That in Case the Duke of York should come into these Kingdoms, the Crown should immediately devolve on the Regent; and he, and his Adherents be deem'd Traytors : That all

Papifts

monts.

A.D.1681: Papists of Figure should be banish’d, and 33 Car. II. their Children educated in the Protestant Re

ligion. But even these Expedients were rejeded, as insufficient to keep out Popery ; tho' some are of Opinion, that if they had been accepted, it might have saved the Nation a Hundred Millions of Money; and we might have been in as desirable a Situation

as we were afterwards. But to proceed. Realons His Majesty thought fit, on the 8th of for diffolv- April, to publish a Declaration, containing, ing the

His Reasons for diffolving the two last two last Parlia

Parliaments ; wherein he says, That having proposed at the Opening of the Parliament held at Westminster, the supporting such Alliances as had been made for the Preservation of the General Peace of Christendom, recommended the further Examination of the Plot, desired their Advice and Affistance concerning the Preservation of Tangier, and offered to concur in any Remedies that could be proposed for the Security of the Protestant Religion, that might consist with preserving the Succession of the Crown in its due and legal Course of Descent, he had met with most unsuitable Returns from the House of Commons; Addresses in the Nature of Remonstrances rather than Answers, Arbitrary Orders for taking his Subje&s into Custody, for Matters that had no Relation to Privilege of Parliament, strange illegal Vores, des claring divers eminent Persons to be Enemies to the King and Kingdom, without any Order or Progress of Law, any Hearing of their Defence, or any Proof so much as offered against them.

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