L. Delamere. May it please your grace, II pray God deliver their lordships, and all hoshall pray to Almighty God, that he will please nest men, from wicked and malicious, lying to give me a heart to be thankful to him for and false testimony; I pray God bless his mahis mercy, and my lords for their justice; and jesty, and long may he reign.

initio Junii tunc ult' preterit' p'd' T. S. non accersit' fait ad Mere Et ubi revera et in facto pred' T. S. non conductus fuit in Romeam inferiorem apud Mere Et ubi revera et in facto pred' Dominus Delamere R. C. Mil' et Bar et Magistr' Offley ibidem non fuer' presen' Et ubi revera et in facto pred' Dom' Delamere R. C. Mil' et Bar' et Magistr' Offley non interrogabant prefat' T. S, utrum ipse prefat' T. S. susciperet portare missum ab ipsis Duci Monmouth Et ubi revera et in facto pred T. S. non suscipiebat il' facere Et ubi revera et in facto pred' T. S. nunquam recepit undecim pec' Auri Guinnen' Anglice Eleven Guineas nec quinq; Libr' Argent' pro itinere suo Et ubi revera et in facto pred' T. S. nunquam recepit denar' pred' a Domino Delamere prout pred' T. S. per falsum et mendax testimon' suu' pred' falso malitiose voluntar' et corrupte per actum et consensum suu' p'pr' sup' sacr'um suu' pred' dixit deposuit nar. ravit et parib' prefat' H. Baron' de D. in evidenc' ad et sup' tritation' pred' dedit Et sic pred' T. S. pred' die Jovis 14 die Januar' Anno Regni dicti Domini Regis nunc 1 suprad' apud Westm' pred' in Com' Midd' pred' coram prefat' D. Domino J. Baron' de W. Domino Cancell' Angl' et tunc Seneschallo Angl' per actum et consensum suu' p'pr' et ex animo suo nequissimo modo et forma pred' falso malitiose voluntarie et corrupte super sacr'um suu' pred' commisit voluntar' spontan' et corrupt' perjur' in magn' Dei Omnipoten' displicenc' in contempt' legum hujus regni Angl' manifest' in malum et p'nitiosum exemplum omn' al' in tali casu delinquen' Et contra pacem dicti Domini Regis nunc Coron' et Dignitat' suas, &c. Unde idem Attorn' dicti Domini Regis nunc General' pro codem Domino Rege pet' advisament' Cur' hic in premiss' et debit' legis process' versus prefat' T. S. in bac parte fieri ad respondend' dicto Dom'

modo et forma pred' junct' in evidence' dedit Quod in initio Junii tunc ult' ipse idem Tho. Saxon accersitus fuit Anglice was sent for ad Mere (dom' mansional' pred' H. Baron' de Delamere apud Mere in Com' Cestr' situat' innuendo) ubi quando ipse idem T. Saxon accessit conductus fuit in Romeam inferiorem ubi Dominus Delemere (prefat' H. Baron' de D. innuendo) Robertus Cotton Mil' et Bar' (quendam R. Cotton de Combermere in Com' Cestr' pred' Mil' et Bar' innuendo) et Magister Of fley (quendam Johannem Crew Offley de Crew in Com' Cestr' pred' Ar' innuendo) presen' fuer' et pred' Thomas Saxon tunc et ibid ad et super triation' pred' interrogat' existen' p' pre- . fat' Georgiu' Dominum Jefferyes Baron' de Wem Dominum Cancell' Angl' et tunc ea Vice Seneschallo Angl' quo tempore in mense Junii fuit quando ipse idem T. Saxon fuit apud Mere pred' ipse pred' T. Saxon tunc et ibidem scilicet dicto die Jovis 14 die Januar' Anno, &c. primo supradict' apud Westm' pred' in Com' Midd' pred' falso voluntarie et corrupte dixit deposuit jurayit respondit et super Sacr'um suu' p'd' in evidenc' parib' prefat' H. Baron' de D. ulterius in evidenc' dedit quod ipse idem T. Saxon ad diem narrare non potuit quia ill' in Scriptis non posuit (Anglice did not set it down) sed credebat quod fuit 3 vel 4 die Junii Et idem Attorn' dicti Domini Regis nunc general' ulterius dat Cur' hic intelligi et informari Quod pred' T. Saxon tunc et ibidem super triation' pred' falso injuste nequit' et corruptive dixit deposuit juravit et super Sacr'um suu' pred' p'd' paribus prefat' H. Baron' de D. in evidenc' dedit Quod pred' H. Baro de D. R. Cotton Mil' et Barr' et J. Crew Offley Ar' interrogabant seipsum T. Saxon utrum ipse idem T. S. susciperet portare missum Anglice a Message ab ipsis prefat' H. Baron' de D. R. C. Mil' et Bar' et J. C. O. Ar' Duci Monmouth (Jacobo nuper Duci Monmouth de alta proditione nuper attinct' innuendo) quod ipse idem T. Saxon facer' sus-Regi de et in p'miss', &c. Et modo scil't die cipiebat et ibidem recepit undecim pec' Auri Guinnen' Anglice Guiney Pieces of Gold et quinq; libr' Argent' p' itinere suo (iter' p'd' T. S. ad p'd' Ducem Monmouth innuendo) et quod ipse idem T. S. tunc postea equum conduxit Anglice hired a horse et deliberavit missum Anglice the Message Duci Monmouth (prefat' nuper Ducem M. innuendo) Et quod p'd' T. S. tunc et ibidem sup' triation' pred' interrogat' existen' p' prefat' G. Dominum Jeffereys Baron' de W. Dom' Cancell' Angl' et tunc Seneschallum Angl' a quo ipse prefat' T. S. pred' Monet' recepit ipse pred' T. S. tunc et ibidem falso malitiose voluntarie et corrupte dixit deposuit juravit respondit et sup' sacr'um suu' parib' p'fat' H. Baron' de D. in evidence' ulterius dedit quod ipse idem T. S. recepit denar' pred' a Domino Delamere (prefat' H. Baron' de D. innuendo) ubi revera et in facto in

Sabbati p'x' post Octab' Sancti Hillar' isto eodem Termino coram Domino Rege apud Westm' ven' pred' T. S. in propr' p'sona sua sub Custod' Willielmi Richardson gen' custod Gaol' Domini Regis de Newgate Et habito au ditu information' pred' dic' quod ipse non est inde Culpabil' et de hoc pon' se sup' patriam et R. S. Mil' Attorn' Domini Regis nunc ge. neral' qui p' eodem Domino Rege in hac parte sequitur similiter, &c. Ideo ven' inde Jur' coram dicto Domino Rege in Cur' ipsius Regis coram ipso Rege apud Westm' die Lune prox' post crastinum Pur' beate Marie Virginis p' quos, &c. et qui nec, &c. ad' recogn', &c. quia tam, &c. idem dies dat' est tam prefat' R. S. Mil' qui sequitur, &c. quam pred' T. &c. Ad quem quidem diem Lune prox' post crastinum Pur beate Marie Virginis coram Domino Rege apud Westm' ven' tam prefat' R. S.

339. Proceedings in Parliament against THOMAS Earl of DANBY, Lord High Treasurer of England, upon an Impeachment of High Treason, and other High-Crimes and Misdemeanors: 30 CHARLES II.-1 JAMES II. 1678-1685.

'peace yet less probable is, that the duke grows every day less inclined to it, and has created a greater indifferency in the

king than I could have imagined; which being added to the French king's resolution not to part with Tournay, do, I confess, make

peace; because the duke seemed every day more and more averse to it; and mentioned some towns to be given up, by the French, as cautionary, to the confederates, upon the conclusion of this peace. Mr. Montague then declared in the House, that the French king was willing to deliver up two towns more than he did by the former treaty; but that my lord treasurer was so earnest and pressing for money, that he thereby made the terms much worse for the confederates; but at the same time acknowledged he could not say he knew of any money paid either to him or to his majesty. Other things were now laid to the treasurer's charge, as the male-administration of his office, and the lowness of the exchequer : but to this it was answered, by his lordship's friends, that a debt of 600,000!, had been paid off since he had been in office, though no money had in all that time been given to the king, but what had been appropriated to the uses designed.

"The Commons were now intent upon dis-majesty; together with advice to hasten the banding the army, raising of money for that purpose, and the conviction of Popish recusants; during which the right of the lords to interfere in a money-bill was warmly contested; but not to dwell on so nice a subject, the king caused Mr. Montague's papers to be seized, and acquainted the House of Commons, that having been his ambassador at the French court, he had taken on him to treat with the pope's nuncio, without any commission from him for so doing; and that he had seized his papers to come at the purport of the said treaty. But Montague assured the House, that this was a mere artifice, a contrivance of the treasurer's to save himself; but that his lordship had therein failed, for that although most of his letters were scized, he had by good luck saved the most material. One of them dated the 25th of March 1678, instructed him to acquaint that court with the great difficulties he met withal here in the affair of peace between us and them, and the fear there was the parliament should discover it: that however he had orders "He was farther accused (this letter bearfrom the king to bid him treat with them for aing date the 25th of March 1678, and the act peace, as well between them and the confederates, as ourselves; upon condition, the French king would give ours 600,000 [see p. 608] livres per annum, for 3 years, together after the conclusion of the peace; for that as our king would thereby disgust the parliament, he could ex-ney from France to make a peace, which pect no money from them of so long a time: and finally, that when he wrote back to the secretary, concerning this transaction, he should be silent as to the money, and so on. Signed, DANBY.

This put the House into a flame, and a motion was instantly made, that the treasurer should be impeached of high treason; for that he had endeavoured to estrange the king from his parliament and make it of no use to him; and one Mr. Powel observed, that this was usurping a power to the exclusion of other counsellors, who had a right to advise the king as well as himself; the very treason that was laid to the charge of the Spencers, and the duke of Ireland, in the days of Richard the second. [See the cases, Vol. 1, pp. 23,89 of this Collection.]

"But it was answered, That it was no such great offence to write this by the king's own order, as was expressed in the letter itself, and would be owned, as supposed, by the king at this time. That the king had certainly a power to advise with which of his counsellors he pleased; and that if his majesty foresaw the confederates would strike up a peace, which we must comply with, where was the harm of making what advantage we could of it to ourselves, and at the same time of sparing the purses of the subject?

"A second letter was produced, which gave assurance of inclinations for a very fair understanding between us and his most christian

which gave money to the king to enter into a war with France being passed but the 20th) of deluding the nation, in advising the king to take money for raising an army for service abroad, and at the same time treating for mo

looked as if a standing army was designed to humble England, and not France. In short, the question being put, it was resolved, that au impeachment be drawn up against the lord treasurer, and a committee was accordingly appointed for that purpose.

"Mr. Montague was, in this case, justly censured, for disclosing what had passed through his hands, when a public minister, without the king's leave. Mean while, the treasurer endeavoured to destroy the credit of his accuser and produced some letters, from him, when in France, which were read in the House, and made it appear that Montague had been very guilty of the offences he threw upon his lordship: But his enemies were so many and so powerful, that the whole edge was bent against him; in a word, the tide was not to be stemmed, and six articles of impeachment were drawn up against him.

"But a debate arose; whether, supposing any of these articles to be true, they amounted to high treason, none of them being within the statute of Edward S. At length the question being put, Whether or no an impeachment of high treason, founded upon the said articles against his lordship, should be carried up to the House of Lords, the Ayes were 179, and the Noes 130. The impeachment then was carried up to the bar of the House of Lords, where it being presently debated, whether or no his lordship should withdraw, it was car

me despair of any accommodation: Nevertheless I am assured, that one principal cause

ried in the negative by 20 voices; and then both Houses adjourned for Christmas eve, and Christmas day only.

"The Houses met, and the Commons heard some evidence concerning the death of sir Edmundbury Godfrey, and quarrelled with the Lords on account of the amendment they had made in the money-bill for disbanding the army. The same day I spoke both with the king and the duke, who both declared they would adhere to my lord treasurer.

' of the adjournment for thirteen days, has been to see if any expedient for the peace could concerned that such punctilios should stand in the way of business, especially when business of such high importance lay before them; but the angry party was deaf to all remonstrance; and the king, by way of expedient, prorogued the parliament to the 11th instant, and from thence to the 15th, when serjeant Gregory being elected, both sides were satisfied.

"The storm now begins to fall heavy upon the lord treasurer, insomuch that he has thoughts of delivering up his staff, and with it his office, in hopes by such resignation to allay the beats against him. I was averse to this step, I confess, and would have had him stood his ground, as long as the king would stand by him, saying, his resignation would but expose

"The next day the Lords voted, that he should not be committed: and the same day the dispute between the two Houses concerning the Money-Bill, was decided by a conference, and the bill passed both Houses. And here I cannot but take notice, that the king ob-him the more to the power of his enemies; in serving the lord Strafford to be very violent in the House against the lord Danby, (which, it seems, took birth from a personal pique to him, for obstructing a pension he had from the crown) told me, He wondered at it much, seeing his father came to the unfortunate end he did, by the very self same method of procedure.'

"And now, when it was least expected, the king prorogued the parliament to the 4th of February; some said in favour of the papists, others of the lord treasurer, and others again in defence of his prerogative, which was more than one way invaded by the Commons: But his majesty at the same time declared he intended to disband the army, and prosecute the business of the Plot. Montague was now discovered in a disguise at Dover, in his way to France.

short, that the Lords would fear him the less, and the Commons not love him a bit the better. Several persons had got possessed of good employments, not so much by my lord's favour and kindness, as by giving money to his lady, who had for some time driven on a private trade of this sort, though not without his lordship's participation and concurrence. This I knew, but had neither the face nor the inclination to come in at that door; so that I was postponed to many, who, as I thought, deserved as little as myself; but they had but a bad bargain, they were now all swept away with the same torrent that began to overwhelm his lordship; against whom fresh matter now appeared, upon the evidence of Bedloe, before the Committee appointed to examine into the Plot, he accusing the treasurer of having tampered with him to fly during this interval of parliament. And now every thing went harder and harder with his lordship's friends; so that my election being controverted, the committee of privileges and elections, in a few days afterward, gave my cause against me by a small majority of two only; which considering the stream of the times, I reckoned to be as good as half a victory at least.

"My lord treasurer sent for me, and told me, the king had declared he would dissolve the parliament, and advised me to make interest as soon as I could against the approaching election, for that another parliament would speedily be called. This parlament was, for the most part, very loyal both to the king and the church; which made those of adverse sentiments very desirous of its dissolution; and "In the mean time a message was sent to the the way they contrived to bring it about, as was Lords, desiring the treasurer might be comcredibly reported, was by persuading the trea-mitted; but their lordships had but just before surer to obtain it of the king, promising if he should succeed therein, that there should be no farther prosecution against him in the next parliament; but they deceived him, as he afterwards experienced.

"March 1679. The Commons began to be angry with the treasurer, for that the speaker they had proposed had been rejected by the king; saying he was the cause of it, because, troly, the gentleman was not his lordship's friend. This dispute subsisting between the king and the commons, they at length address him, beseeching him not to invade their undoubted privilege of chusing their speaker; but his majesty still insists on it, That without his approbation, their choice is of none effect. Now all the moderate men in the house were

voted him eight days to prepare his defence in. The Commons repeated their former message to the Lords; and the next day the king coming to the House of Lords, in the usual state and formality, informed both Houses, that it was by his particular order the lord treasurer had written the two letters, produced by Montague: that it was not the lord treasurer who had con cealed the Plot, but that it was himself who told it his lordship from time to time, as he thought fit. His majesty then declared he had granted the said nobleman a full pardon, and that, if occasion required, he would give it him again ten times over: that, however, he intended to lay him aside from his employments, and to forbid him the court.

"Some would have persuaded his lordship to