692 The HISTORY of the PURITANS. Chap. IX. K. Charles I. treafon ; and that it was fo enacted by the I ft Henry IV, cap. Io. 1641. (3.) That there had been no precedent to the contrary fence that time. And (4.) That by I Mary, cap. 12. an endeavour to fubvert the fun- damental laws of the land is declared to be no more than felony. The commons felt the weight of ihefe arguments; and not being willing to enter into debate with a private barrifter, changed their im- peachment into a bill of attainder, which they had a right to do by vir- tue of a claufe in the 25th Edw. III. cap. zd.* which refers the decifion of what is treafon in all doubtful cafes to the king and parliament. The attainder paft the commons April 19. yeas zoo, noes 59. but'tis thought would have been loft in the houfe of lords had it not been for the fol- lowing accident, which put it out of the power of the earl's friends to fave him. Plot to bring The king being weary of his parliament and defirous toprotect hisfer- the army to vaut, confented to a project of Tome perlons in the greateft trait about London. the court, to bring the army that was railed a a nft the cots up to Lon- g $i i P Vol.1. don, in order to awe the two houles, to refcue the earl, and to take pol- e 248 feffion of the city of London. Lord Clarendon fays, the lait motion was rejected with abhorrence, and that the gentleman who made it was the perfon that difcovered the whole plot. The confpirators met in the queen's. lodgings at Whitehall, where a petition was drawn for the officers of the army to fign, and to prefent to his majefty ; with a tender of their readi-: nefs to wait upon him in defence of his prerogative againft the turbulent fpirits of the houle of commons ; the draught was Chown to the king, and figned in teftimony of his majefty's approbation C. R. but the plot being difcovered to the earl of Bedford, to the lord Say and Kimbolton, and to Mr. Pym, with the namesof the confpirators ; all of them abfcond- ed, and Tome fled immediately into France. Rapin. Mr. Pym opened the confpiracy to the houle of commons, May 2. p. 120. and acquainted them, that among other branches of the plot, one was to feize the Tower, to put the earl of Strajòrd at the head of the irifh army of papifis who were to be tranfported into England, and to fecure the important town of Portfmouth, in order to receive fuccours from France ; Sir William Balfour lieutenant of the Tower, confeffed that the king The words of the flatute are, 4, And becaufe that many other like cafes of treafon may happen in time to come, which, 6 a man cannot think or declare at this prefent time, it is accorded, that if any other cafe., t{ fuppofed treafon, which is not above fpecified doth happen before any lattice, the lattices ' (hall tarry without anygoing tojudgment of the treafon till the caufe be Chewed and de- " dared before theking and his parliament, whether it ought tobe judged treafon or fe-- " Cony."
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