the peers acquiefced, and the bill paffed. Then A. C. 167 9. the earl of Danby furrendered himself to the usher

of the black-rod, and was committed prifoner to the Tower.

council.

Charles was now reduced to great perplexity. The king He faw his authority already difregarded, and ran changes his the risque of being difgraced by the discoveries of Danby. In this emergency he confulted Sir William Temple, who advised him to weaken the oppofition, by admitting the chiefs of it into his council. He forthwith tried the expedient. The earl of Effex, a confcientious nobleman, was created lord treasurer in the room of Danby: the office of fecretary of state was bestowed upon the earl of Sunderland, who poffeffed a good capacity, and a talent for intrigue. Lord Hallifax, celebrated for his genius, learning, and eloquence, was likewife fworn of the council; and these three, together with Sir William Temple, were first confulted in all affairs of importance. Shaftsbury was declared prefident of the council; but finding himself excluded intirely from the king's confidence, he ftill adhered to the popular party, over whom he retained all his former influence. The city of London, and the kingdom in general, were overjoyed at this promotion, which feemed to prognofticate a change of measures; but, the king's intimation of it was received with great indifference by the house of commons. All the art and intrigue of Shaftsbury was employed in keeping up the flame of animofity against the king and his brother. The house of one Bird being fet on fire by his maid-servant Elizabeth Oakely, she confeffed fhe had been inftigated to commit that crime by one Stubbs a catholic; and he being queftioned, owned that father Gifford his confeffor had affured him there was no fin in burning the houses of heretics. He and Oakely declared, that the catholics in England intended to

I. 3

rife

A. C. 1679. rife in arms, and expected to be joined by an army of fixty thousand men from France. The commons immediately addreffed the king for the execution of Pickering and the other condemned jefuits. They even affembled on Sunday, to concert meafures for the prefervation of the king's person, and the proteftant religion, against the attempts of the papists. They brought in a bill for banishing all Roman catholics from London: they voted, That the duke's being a Roman catholic, and the prefumptive heir of the crown, was the chief encouragement to the defigns and plots of the papifts, against the king and the proteftant religion.

Prorofes

cn

fucceffor.

On the twenty-fifth of April, the earl of Danby limitations being brought to the bar of the upper house, pleaden a pop thed his pardon, and was reconveyed to the Tower. A committee of the commons being appointed to examine the nature of this defence,-reported, That there was no example of any perfon's having plead ed a pardon in bar of an impeachment. Then the lower houfe defired the lords to ask if the earl would infift wholly upon his pardon. When this queftion was put, he defired time to confider of a reply, and was indulged with four days for that purpole. The king, in anfwer to the addrefs of the commons for the execution of the perfons under fentence of death, obferved that he had been always fcrupulous of fhedding blood; that he would take time to deliberate maturely on their request, and make them acquainted with his fentiments on the fubject. Being fhocked at their vote against his brother, he, after a fhort fpeech to both houses, on the thirtieth day of April, defired they would use expedition in tracing out the particulars of the confpiracy, as well as in devifing ways and means for difbanding the army, and maintaining a fleet for the defence of the kingdom. Then he told them, that as a mark of his care for the preferva

tion of their religion, he had ordered the chancellor A. C. 1679. to communicate certain proposals for their confidera · tion. Accordingly, the chancellor, in his majesty's name, propofed the following limitations upon a popish fucceffor: That it fhould not be in his power to bestow ecclefiaftical benefices or fpiritual offices upon any but pious and learned proteftants: That the parliament fitting at the death of the king fhould continue for a certain time; or in case there fhould be no parliament at that juncture, the last fhould affemble without any new writs of elections: That, in the reign of a popifh fucceffor, no members of the privy-council, or judges, fhould be appointed or difplaced but by the authority of parliament; and that all juftices of the peace fhould be proteftants: That, with refpect to the militia, no lieutenant of a county should be deprived of his office but by order of parliament. The chancellor faid it would be difficult to conceive how the power of a popish fucceffor could be more effectually limited, confidering how much his revenues would depend upon the parliament: nevertheless, if they could add any thing for the fecurity of religion and liberty, without destroying the right of fucceffion, the king would willingly affent to their propofal.

the com

York.

The commons, without paying the leaft regard Violence of to these offers, proceeded with the bill for prevent- mons against ing the dangers that might arise from popery, in the duke of the reign of his prefent majefty, as well as in his fucceffors; and they ordered another to be brought in for vacating the feats of thofe members who fhould accept of any employment under the crown. On the fifth day of May, the house in a body demanded of the peers, that the earl of Danby fhould be brought to his trial. Then they prefented a long addrefs to the king against the duke of Lauderdale; and they finished the money-bill for enabling the king to difband the army. This act L. 4 contained

4. C. 1679 contained a claufe, importing, That for the future, foldiers fhould not be quartered in private houses. The lords, by a meffage, informed the lower house of their having fixed a day for hearing counfel upon the validity of Danby's pardon, which the commons had declared null and of no effect. They were incenfed at this meffage, and inftantly voted, That any person prefuming to defend the validity of Danby's pardon fhould be deemed a betrayer of the liberties of the nation. They were now refolved to proceed to extremities; they prefented an addrefs to the king, reprefenting, That London and Westminster were over-run with papifts; and demanding, That the militia fhould be armed. Next day being Sunday, they ordered a bill to be brought in for rendering the duke of York incapable of fucceeding to the throne of England. In an addrefs to the king, they declared they would assist him with their whole power; and in cafe he should die a violent death, wreak their vengeance upon the catholics.

They bring

of exclufion.

The committee of both houfes meeting to deliin the bill berate upon the manner in which they should proceed with the trial of the five lords that were prifoners in the Tower, the commons infifted upon excluding the bishops, as thofe were cafes in which life was concerned. The lords, on the other hand alledged, That the prelates had a right to be prefent at all the proceedings, except the verdict. This difference produced a learned difpute, and many writings were published on both fides of the queftion. On the fifteenth day of May, the commons read, for the first time, the bill of exclufion, to render the duke of York incapable of fucceeding to the throne of England. In this famous bill, they afferted, That the pope's emiffaries had feduced James duke of York, the prefumptive heir of the crown That they had converted him to the ca

tholic religion, engaged him in divers nogotiations A. C. 1679, with the pope, cardinals, and nuncios, for the intereft of that communion: That by his means they had augmented the greatness of the French king, to the manifeft danger of England: and, That by the acceffion of a popifh prince to the throne, fupported by foreign alliances, they would in time be enabled to execute their damnable enterprize. The proposed act therefore ordained, by the authority of the king and the two houses, That the faid James, duke of York, Albany, and Ulster, fhould be incapable of inheriting the crowns of England, Scotland, and Ireland, with their dependencies: or of enjoying the rights, titles, prerogatives, and revenues of the faid crowns: That, in cafe of the king's death or refignation, they fhould devolve to the next perfon in the line of fucceffion, as if the duke of York were dead: That all the acts of fovereignty or royalty exercised by him, should be null and punishable as treafon: That all perfons attempting to put him in poffeffion of any one of thofe kingdoms, or correfponding with him for this purpose, should be deemed guilty of high treason: That he himself, upon fetting foot in these kingdoms, should be held guilty of the fame crime: and all perfons were authorised to apprehend, imprifon, and, in cafe of refiftance, fubdue him and, his adherents by force of arms. This bill was read for the fecond time; and the question being put, whether it should be referred to the examination of a committee of the whole house, it was carried in the affirmative by a majority of seventy-nine

voices.

The next step of the commons was, to fet on Bill of Hafoot a fevere inquiry against thofe members who beas corpus. received penfions from court; and eighteen were discovered. The ftanding army and the guards were voted illegal, and they brought in the bill of

Habeas