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his Impeachment may be discharged.] May 1. The lords sent a Message to the commons to acquaint them, that they think themselves obliged in justice to put the house in mind of the Impeachment against the duke of Leeds, to which the duke's Answer having been transmitted to them, the lords desire to be acquainted when they can be ready to make good the Articles of Impeachment, to the end a certain day may be appointed by the lords for that purpose.

Upon this, the Commons ordered, "That the Answer of the duke of Leeds, to the Articles of Impeachment against him, be referred to the consideration of the Committee, to whom it was referred to draw the said Articles of Impeachment: and that they do consider what is to be done thereupon, according to the course of parliaments; and report the same to the house."

May 2. The Duke complained in the house of lords of the delay of the house of commons, in not replying to his Answer, alledging, that the Impeachment was only to load him with disgrace, and that they never intended to try him. And added, "That the party used great partiality towards him, and did not intend to enquire after others: that they shewed a mark of their partiality and spleen, in their Amendment to the Bill for imprisoning sir Thomas Cooke, sir Basil Firebrace and the others; sir Basil was to be bailed because he was the witness against his lordship.'

ence, delivered a written Paper to the lords, signifying, "That the commons will make good the Charge against the duke of Leeds, in manner and form as in the Articles mentioned, and that the Committee who were appointed to draw the said Articles, have been daily employed in looking into Evidence against the duke; and that in the preparation of the Evidence they meet with an obstruction, that Monsieur Robart, who appeared by the Depositions before the Committee of both houses to be a material witness, is withdrawn since the Impeachment was carried up; which has been the reason the commons have not yet acquainted your lordships when they can be ready to make good the said Impeachment, the commons being desirous that justice be done without any manner of delay."

The Paper being brought into the lords house, and read, it was moved and agreed, without any debate, or any opposition made by the duke of Leeds, that an Address should be made to the king, to issue a Proclamation for stopping the ports and seizing M. Robart. The duke, in assistance to the house, told them, that it was requisite to insert the person's Christian name, and said his name was John, his sirname being Robart.

The Duke of Leeds arraigns the Conduct of the Commons.] The Duke then rose up, and blamed the house of commons, for doing an unheard-of, an unprecedented thing, to charge a man with crimes, and to say they were ready The offering of Money to a Member voted a to make it good, before they had all the EviHigh Crime and Misdemeanor.] This day the dences; and now they should say they wanted commons Resolved, That the offer of any mo- a material witness, and lay it upon him to proney, or other advantage, to any Member of Par-duce this witness; as if a person were obliged liament, for the promoting of any matter whatsoever, depending, or to be transacted, in parliament, is a high Crime and Misdemeanor, and tends to the subversion of the English Constitution.'

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more to produce evidence to accuse him, than to answer such questions by which he accuses himself. His lordship then proceeded to acquaint the house, that in truth, he had sent M. Robart to see his daughter Lempster, who went May 3. A motion being made in the house into the country big with child; and ordered him of lords, to read the Bill for granting to the to call at Minns to see his daughter Plimouth, it king a duty upon Glass, &c. the duke of Leeds being in his way to his daughter Lempster's,where rose up and told the lords, That it grieved the messenger of the house of commons might him, that he, who was as much as any man for have known he was gone if he had asked. That the dispatch of the Money bills, and never op- his lordship, that there might be no mistake, posed any, should now do it; but he hoped the sent a messenger on purpose for Robart. That lords would consider his case, not only as his, his footman waked him about two of the clock on but the case of any of their lordships; for it Sunday morning, (for which he was very angry) was in the power of a tinker to accuse at the to let him know Robart was coine, and was m end of a session, and one might lie under it the house, which was as soon as he could poswithout remedy: and since that they, by mis- sibly return: That his lordship told the footmanagement, had delayed this Money-bill for man he would go to sleep, and would speak six weeks, it would not be of mighty ill conse- with Robart in the morning, when he usually quence if it should lie a day or two longer. call'd him; but when his lordship ask'd for him His lordship pressed very earnestly, that if the in the morning, the footman said he was gone; house of commons did not reply, the Impeach- and, upon enquiry, he found Robart did not lie ment might be discharged; for, if it were not, nor pull off his boots in his chamber: That the he might lie under the reproach thereof all his footman said, he ask'd whether the news was life. He believed the commons would do no- true, that this lord was impeach'd, and Mr. thing in it; for tho' they had appointed a Com-Bates was in prison; which the footman own'd mittee to meet, they met but once, and that for form, and never met more, nor would do any thing in it.'

The same day the commons, at a Confer

to be true; and his lordship believes that frightened Robart. That his chaplain shewed him a Letter from Robart, with a desire to acquaint his lord, that he design'd for his own country,

Switzerland, through Holland; from whence he would write his lord a true account of all the matter of the 5500 guineas to Mr. Bates. That his lordship knew, by the manner of his writing, by the man, and by a particular knowledge he had of him and of the thing, that he would not be seen here again in haste. So that, my lords, (said his grace) if this man be insisted upon as a material Evidence, and that my Trial is to be delay' till this person is forthcoming, when am I to be tried? I humbly move your lordships, that you will come to some Resolution, that if this matter be not immediately proceeded upon, so that I may be try'd before the ending of this session, that the Impeachment shall fall.

Proceedings relative to the Lancashire Plot.] Before we specify the Bills passed this day, or the gracious Speech from the Throne, it will be proper to give a short account of some other parliamentary transactions, which have not as yet been mentioned. Towards the beginning of this session, the popish Lancashire Gentlemen, instead of acknowledging the lenity of the present government, endeavoured to represent the legal prosecution of some of their party as a state-trick, and the contrivance of some courtiers to enrich themselves by the ruin of others; and submitted the whole matter to the examination of the house of commons. It will be proper therefore to premise a brief Account of their design to subvert the GovernWellment, and of the Proceedings against them, in order that a right notion may be formed of the grounds of the clamour against those Proceedings.-On 15th June, 1694, Lunt, an Irishman, made his discovery, and deposed before sir John Trenchard, Secretary of State: "That he had followed the late king James into France, and thence into Ireland: that from Ireland he was sent into England, with commissions from that king to certain gentlemen in Lancashire, Che-* shire, &c. to raise war against king William and queen Mary: that he and George Wilson, his guide, delivered those commissions to whom they were directed; whose names he mentionAnd then his majesty commanded the Lorded in his Narrative. That, at the instance and Keeper to prorogue the parliament to the 18th of June, and it was prorogued accordingly †.

Upon which some few lords cried, moved *.*

The Parliament prerogued.] However, the lords read and passed the Bill that same day, for the Duty upon Glass, &c. and his majesty came to the house and gave the royal assent to several Bills, and among the rest to the Bill for imprisoning sir Thomas Cooke, sir Basil Firebrace, Bates and Craggs; and also to a Bill entitled, An Act for the king's most gracious and free Pardon †,' but with this exception, amongst others; Except also all persons who have been or shall be impeached in parliament during this session."

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proper costs of those gentlemen, to whom he had delivered commissions, he bought arms, and listed and subsisted many for the service "Surely that out-cry of theirs was rather of the late king James, in order to an invasion a mark of scorn than approbation: for though and insurrection in that country. That he was the duke, by sending away his servant, had de- twice sent by those gentlemen into France to prived his adversaries of that legal proof which the late king, to signify their readiness, and rewas necessary to conviction, enough had ap-ceive his further commands; and that, when peared to prove him guilty in the opinion of the he was in London, besides his employment of whole world: and if any thing could be added to the reproach which he had brought on his character, on the high office he possessed, and the government he served, it was the solemn protestation of innocence he had set out with, and the contumacious demand of a speedy Trial, which he knew neither could or would take place." Ralph.

On the 24th of June 1701 (two complete Parliaments having intervened) the house of lords, taking notice "That the Commons having impeached Thomas duke of Lecds, of high crimes and misdemeanors on the 27th of April, 1695; and on the 29th of April exhibited Articles against him, to which he had answered; but the Commons not prosecuting, Order, 'That the said Impeachment, and the Articles exhibited against him, be dismissed.'"

"Burnet, who, speaking of the Act of Grace, which passed at the close of the session, takes care to remember, it contained an Exception as to Corruption,' acknowledges the whole discovery was let fall: And,' continues he, it was believed too many of all sides were concerned in it; for, by a common consent, it was never revived.' Ralph.

"

"On the 3d of May, when it was known to

both houses, that the king would, in a few hours, put an end to the session, the prosecutors seemed to be in more haste than ever to overtake justice, and the prosecuted to manifest his innocence. Moreover, to carry on the feint of a prosecution, and thereby to save appearances, they ordered the Report of the Committee to be read; and not only affected' to proceed against other persons therein named, but actually moved for an Impeachment against sir John Trevor: and when a motion was made to adjourn, by those, it must be supposed, who were either ashamed of such a mockery, or unwilling that their adversaries should derive any benefit from it, over-ruled it by a considerable majority. Lastly, when the Paper delivered to the lords, by the Chancellor of the Exchequer, was reported to the house, it was moved and agreed, without any debate, or any opposition from the duke of Leeds, That an Address should be made to the king, to issue a Proclamation for stopping the ports, and seizing M. Robart, which was accordingly done; though, it ought not to be forgot, that the Proclamation was not published till nine days afterwards." Ralph.

buying arms, and listing soldiers, he helped some Jacobites over into France, and secured others, who came from thence, who, all of them, told him, that generally sir John Friend furnished money for those expeditions, and paid subsistence-money to them as soldiers." This Evidence was confirmed by the testimony of George Wilson, who guided and assisted Lunt in the delivery of king James's commissions, and by the depositions and affidavits of several persons, some at a great distance from, and utter strangers to one another, all agreeing in the most material circumstances of the Lancashire Conspiracy.

The Government being fully informed of the Plot, warrants were issued out to seize the conspirators; and though, for the greater secrecy, the names of the offenders were not put into the warrant at the secretary's office by those who drew the warrants, but were afterwards put in by the secretaries themselves, yet, by some treacherous correspondence, the Lancashire gentlemen had notice given them of all proceedings at London. Upon this they burnt their commissions, buried their arms and other warlike equipage under-ground, and most of them fled from their habitations. However, through the extraordinary care and diligence of captain Baker, and others employed in that service, some of the plotters were apprehended, and arms enough found to convince the world, that there was a treasonable design on foot against the government. There was likewise found in Mr. Standish's closet, at the search made at Standish-hall, on the 16th of July, 1694, the draught of a Remonstrance or Declaration, to be printed and published at king James's landing; which, according to Mr. Crosby's Papers, and Mr. Robinson's Depositions, was to be attempted very speedily.

the king, resolved to atone for that crime, by discovering all he knew, that had been acted, or was then plotting against his majesty. His coming over was made known to Mr. Taffe, a familiar acquaintance of Lunt's wife, and who was represented to Lunt as a person, that had done some considerable service to the public.* To him Lunt's wife had told, that her husband was lately come out of France; which made Taffe, who pretended to be zealous for the government, inquire how matters stood at St. Germains? adding, that, if Lunt could discover any thing, that might be serviceable to their majesties, he would introduce him to a person, that would receive his information. Lunt gives credit to Taffe, shews his willingness to make a discovery, and thereupon Taffe brings him to the earl of Bellamont, and vouches for his honesty. After his lordship had heard Lunt's reiation, he commanded him to wait on him. again in two or three days; which Lunt obeying, and his lordship being somewhat indisposed, he sent Lunt with a letter to sir John Trenchard. Taffe accompanied him thither, and the Secretary, hearing what Lunt had to discover, first sent him into Kent, and afterwards commanded him to put his depositions into writing, and bring them to him. Lunt performed it; Taffe heard all the information read, aggravated the crimes, and appeared the most forward of any to have the persons accused brought to justice; and, pretending to be serviceable in knowing the country and people there, he went down into Lancashire with Mr. Aaron Smith and Mr. Baker, and assisted the king's messengers in searching at Standish-Hall, and other places.

Taffe shewed an extraordinary zeal in his majesty's service, but might have been much more useful than he was in finding concealed arms and persons, if he had made more use of his head and less of his fingers. The managers of that affair, and the king's messengers, quickly perceiving his pilfering practices to be very injurious to the inhabitants, and no less scandalous to themselves, were forced to have as

As many of the persons accused, as could be apprehended, being brought up to London, and examined, were, some of them committed to the Tower, and others to Newgate, where they continued about a month. During this time, their friends and solicitors exerted all their skill and diligence to take off the king's evidence, both by offering them large sums of money, as * "Taffe was an Irish priest, who had not was attested by Mr. Baker, Mrs. Hearst, Mr. only changed his religion, but had married in Clayton, Mr. Brown, and Mrs. Elliot; and that king James's time. He came into the service failing, by finding out persons, who would re- of the present government, and had a small present the king's witnesses under heinous cha-pension. He was long in pursuit of a discovery racters, that the Jury might give no credit to their deposition. Many persons were practised upon, some of whom refused so base an action; but others, through great importunities and promises of large rewards, were prevailed with to defame the king's evidences, both at Manchester, and in the Parliamenthouse. But that, which raised the great clamour against the discovery of the Plot, was the gaining one Taffe, alias Thomas O Mullen, an Irishman, to the other side; which happened in this manner.-In Dec. 1693, Lunt came from France, and being, as he afterwards pretended, troubled in conscience, for having engaged in the barbarous design of assassinating

of the imposture in the birth of the prince of Wales, and was engaged with more success in discovering the concealed estates of the priests and the religious orders, in which some progress was made. These seemed to be sure evidences of the man's sincerity, at least in his opposition to those, whom he had forsaken, and whom he was provoking in so sensible a manner. This is mentioned chiefly to shew, how little that sort of men are to be depended on. He possessed those, to whom his other discoveries gave him access, of the importance of this Lunt, and was very zealous in supporting Lunt's credit, and in assisting him in his discoveries." Burnet, ii. 142.

"That

watchful an eye upon him, as upon the busi- confound the king's witnesses, by asking them ness they were employed in; though, notwith-several frivolous questions; but failing in that, he standing all their care, he committed some gross required Lunt to point at the several prisoners felonies. Soon after he came to London, he by name. In doing this, Lunt happened to point waited on the lord Bellamont, gave his lord- at a wrong man, which mistake might be occaship an account of what persons and arms had signed by the crowd. However, this gratified been seized, that several gentlemen had made the popish mob, and raised a loud laugh. But their escapes, and that others absconded to their mirth continued not long; for, another secure themselves: whereupon the lord Bella- of the judges commanding Lunt to touch and mont asked Taffe, if this was the business, name, all the accused gentlemen with the which Lunt had discovered? Taffe answered, cryer's staff, he named them all right.-Witit was, and that Lunt was the main evidence nesses were afterwards produced for the pri of the Conspiracy; was very, well known at soners, but nothing was alledged by thein, the respective places, which he had mentioned that could invalidate the king's evidence, except in his depositions; and had done greater ser- Taffe's testimony, who boldly declared, vice at his being there, if the Lancashire gen- there was no truth in the pretended Plot, the tlemen had not received notice from London of whole being a villainous contrivance between their coming ten days before they came to himself and Lunt;" which single Declaration, Standish-Hall. This account being given to without any oath, outweighed the testimonies the lord Bellamont, Taffe addressed himself to of the ten positive witnesses for the king; and Mr. Aaron Smith and captain Baker, for the thereupon sir Wm. Williams, the "chief mareward of his service; but finding himself nager of the trial, sat down in the court, and slighted and reprimanded for his scandalous would examine no more witnesses against the behaviour, he grew angry, and resolved to re- prisoners. And so, without calling for the rest venge himself upon the government, even to of the evidence, the matter was let fall and, the spoiling of the plot. The friends, relations, when the Judges gave the charge to the Jury, and solicitors of the prisoners were no soouer it was in favour of the prisoners; so that they acquainted with his design, but the bargain was were acquitted, and those, that were ordered to struck, and his terms agreed to: 20l. were paid be tried after them, were all discharged without him in hand, with assurance (as was afterwards trial. sworn in the house of lords) of a good annuity for life, to be settled in Lancashire; and, lest he should cool, he was immediately sent into the country to be their counter-evidence, when the trials should commence at Manchester.

Having thus gained Taffe, and got from unwary Lunt the names of the king's witnesses, and the whole matter of the evidence, the next attempt for defeating the whole Plot was engaging Ferguson to write in defence of the Lancashire gentlemen, and to asperse their accusers; and this stratagem had such a notable effect, that the popish mob at Manchester animated by reading Ferguson's paper (which was alinost in every hand in that country) had resolved to prevent the trials of the prisoners, by stoning the king's evidences to death. But those, who knew they would be acquitted, prevailed with the mob to forbear the execution of that inhuman resolution till the trials were ended. And indeed, no sooner were the trials over, and the witnesses leaving the town, but the mob endeavoured to stone them to death, and in such a violent and tumultuous manner, that not only the witnesses, but a gentleman of council for the king, the king's prosecutor, and the king's clerk in the crown-office, very narrowly escaped with their lives.

The Trials began at Manchester the 16th of Oct. 1694, where the king's evidence proved, "That the prisoners at the bar had received comm'ssions from the late king James, to raise war against the present government; and to that end had bought arm, listed and subsisted soldiers at their own charge, &c." It is affirmed, that sir Win. Williams, though then one of the council for the king, endeavoured to baffle and VOL. V.

The whole party triumphed upon this as a victory, and complained both of the ministers of state and of the judges; and sir Wm. Wil liams, being returned to London, represented the Plot as a wicked and horrible contrivance; upon which the government, m abhorrence of such a design, immediately ordered the witnesses to be prosecuted for a Conspiracy against the lives and estates of the Lancashire and Cheshire gentlemen. This strange turn being given to the affair, many of the wiser sort of those, who were friends to the accused gentlemen, and dreaded the consequence of a further inquiry, advised them to sit down quietly, and leave it to the government to punish their accusers, if they saw fit; but some lawyers overruled this advice, and so the Lancashire and Cheshire gentlemen, on the 24th of November 1694, brought the affair into the house of

commons.

While this affair was depending, several witnesses were procured against the king's evidences in Parliament, by downright bribery, and by telling them, that they were not to be put to their oaths; and therefore, not being in danger of perjury, might safely and confidently tell all the stories, that were dictated to them. Indirect means were also used to asperse the earl of Macclesfield, at that thue lord-lieutenant of the county of Lancashire, who, being a professed friend to the government, was, of consequence, thought by the Jacobites their mortal enemy.

The house of commons, after several hearings, strict Examinations, and long Debates, which continued at the several appointed times, the space of eleven weeks, on the 6th of Fe3 P

bruary, proceeded farther in reading the infor- | Protest thereon.] The lords following dismation and papers delivered into the house sent for these reasons: "1. Because, we conby Mr. Aaron Smith, touching the late pro-ceive, it is more suitable to the methods of all ceedings and Trials in Lancashire and Cheshire. courts of justice, and therefore particularly Mr. Lunt's information was read; as also Mr. more proper for this supreme court, to give Wilson's and Mr. Wombeli's; and other pa- judgment in particular cases, when they are pers delivered into the house by Mr. Aaron brought to be tried before them, than to make Smith were likewise read; among which were a general rule, which possibly may not compreseveral printed papers. Whereupon the house hend all future accidents, that may be liable to came to the following Resolutions. 1. "That many great inconveniences that cannot be there did appear to the house, That there was foreseen, and which, in its nature, seems to be sufficient grounds for the prosecution and a matter fitter to be provided for by a law than trials of the gentlemen at Manchester. And, a judgment. 2. Because there were several 2. That upon the informations and examina- precedents offered to be produced, to shew tions before this house, it doth appear, That that the practice, upon several occasions, had there was a dangerous Plot carried on against been directly contrary to this rule, and because the king and government." At the same time the heralds, who, we conceive, disproved the the commons ordered an act of the pretended printed precedents, were not allowed time to parliament of Ireland, held in the year 1689, produce precedents to shew where baronies recognizing the late king James, and two pro- descending to several daughters were extinclamations of that abdicated prince, to be guished, and new creations of those titles given burnt by the hands of the common hangman. to others. 3. Because, we conceive, this Besides this, the house, after having given an general rule now made is in opposition to a order for the taking Mr. Standish of Standish-judgment solemnly given by this house, upon Hall in Lancashire into custody, and their mes-hearing council on all sides, in a particular senger reporting, that he was not to be found, case lately referred by the king; and grounded addressed the king to issue out a proclamation on a bare motion made by some lords, who, to apprehend him. we conceive, were no ways concerned in that This disappointment in the house of com-judgment. 4. Because the last rule does likemons was no small mortification to the Jaco-wise seem to us to be repugnant to the judgbites; yet, in hopes of better success, they laid ment of this house in the case between the their complaints also before the House of Peers, earl of Oxford and lord Willoughby of Eresby, where, after examining some witnesses, and then referred to this house by king Charles 1, many debates, the question being put, Whether and by their lordships thought fit to be referred the government had sufficient cause to prosecute to the consideration of the judges, as a matter the Lancashire and Cheshire Gentlemen? It of that importance that deserved their assistwas carried in the affirmative; though the ance; who, upon mature deliberation, returned earls of Rochester and Nottingham appeared their opinion to their lordships in these words, with great zeal or the other side, and in con- (viz.) As to the baronies of Bulbeck, Sandford, clusion protested against the vote, by which and Badlesmere, our opinion is, that the same the lords justified the proceedings against those 'descended to the general heirs of John the gentlemen. fourth earl of Oxford, who had issue John the fifth earl of Oxford, and three daughters; one of them married to the lord Latimer, another to Winckfield, and another to Knightley: Which John the fifth earl of Oxford dying without issue, those baronies descended upon the said daughters as his sisters and heirs; but those dignities being entire, and

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The accused gentlemen, notwithstanding these disappointments, at the next Lancaster assizes in August 1695, brought on trials upon an information of perjury against Lunt, Womball, and Wilson, three of the king's witnesses, who were all found guilty; and afterwards indicted for a conspiracy against the lives and estates of those gentlemen. But, the gentle-not dividable, they became incapable of the men refusing to furnish the king's Attorney and Solicitor General with witnesses to prove the pretended perjuries, the prosecution was let full, and Lunt, Womball and Wilson discharged.*

Case of Baronies by Writ.] On the 16th of March, the Heralds being heard at the bar of the house of peers, in relation to Descents of Baronies by writ: after debate this question was put, Whether if a person summoned to a Parliament by writ, and sitting, die, leaving issue two or more daughters, who all die, one of them only leaving issue, such issue has a right to demand a summons to parliainent? It was resolved in the affirmative.

* Tindal.

'same, otherwise than by gift from the crown, ' and they, in strictness of law, reverted unto, and were in the disposition of king Henry 8, ' and yet nevertheless, we find that four several earls of Oxford successively, after that descent to three daughters, as heirs males of the said earldom, assumed and took upon them those 'honours and titles in their writings, leases and conveyances; and their eldest sons have been stiled, in the life-time of their fathers, by the name and title of lord viscount Bulbeck, and so reputed to be, and the house did vote that the baronies were in his majesty's disposition, and, in their report to the king, did declare, 'that for the baronics, they were wholly in his majesty's hand to dispose at his own pleasure." 5. Because, we conceive, that it is not in

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