The History and Proceedings of the House of Commons: Volume 2, 1680-1695. Originally published by Chandler, London, 1742.
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The remarkable Case of Edward Prideaux Esq;
May 1. Mr. Gwyn reported to the House, the Case of Edmund Prideaux Esq; which in Substance was as follows: That the said Edmund Prideaux Esq; was seiz'd at his own House, (Ford-Abbey in Devonshire) June 19. 1685, by one of the late King's Messengers, in virtue of a Warrant signed by the Earl of Sunderland, Secretary of State, on Suspicion of Treason, and brought to London, where he continued a Prisoner at the said Messenger's House, till discharg'd by Habeas Corpus July 14, on giving Security for his Appearance the next Term. In evidence of which, the Original Warrant sign'd by Lord Sunderland was produc'd. And Saywell, the said Messenger, confess'd the Execution. The Warrant was dated June 13. and the Duke of Monmouth landed at Lyme the 11th. That the said Prideaux several times desir'd to be heard before the Council, but was constantly refus'd, which was confirm'd by Saywell and a Kinsman of the said Prideaux's, who was likewise Bail for him, together with one Mr. Craig, in the Sum of 2500 l. each, Mr. Prideaux himself being answerable for his own Appearance, in the Penalty of 5000 l. That the said Prideaux being committed a second time (to the Tower) his Wife petition'd the King that he might be examin'd, but could obtain no Answer, which was confirm'd by one Mr. Slater. That during his second Confinement, no body was permitted to see him for several Weeks, and it was with great difficulty his Wife at last procur'd leave, on the hard Condition of being confin'd with him; which she consented to, till an Indisposition obliged her to solicite a Release, which was confirm'd by one Mr. Slaughter. That while the said Prideaux was kept thus closely confin'd in the Tower, all the Prisoners and condemn'd Persons in the West, (on account of Monmouth's Invasion,) were temper'd with by the Agents of Lord Jeffreys, with Threats and Promises of Life, to be his Accusers, as was witness'd by Mr. C. Speke before his Execution; as likewise to Mr. William Thompson of London Haberdasher, Mr. Joseph Standerwich Serge-maker, and Mr. Samuel Key, Clothier, both of Ilminster. That the said Prideaux could never to this day discover of what he was accus'd. That the said Prideaux, his Wife, Lady Tooker his Sister, and Mr. Bulstrode, one of the Gentlemen Ushers, having apply'd to several Persons of Quality to solicite the King in his Behalf, were one and all inform'd by the said Persons of Quality, (of whom the Earl of Tyrconnel is mention'd by Name) That nothing was to be done; For that the King had given the Prisoner to the Lord-Chancellor, (Jeffreys.) That Mrs. Prideaux then saw the Necessity of applying to the said Lord-Chancellor, and accordingly did by the Interposition of one Mr. Jenkins and one Mr. Jennings, the last of which undertook to procure his Pardon for 30000 l. which being demurred to on account of the Extravagance of the Sum, the Demand was next rais'd to 15000 l. and insisted upon, on pain of his being left out of the general Pardon: That thereupon by the Friendship of Sir Robert Dashwood the said Sum was rais'd, and, with the Abatement of 240 l. for prompt Payment of 2400 l. part of the said 15000 l. was paid to Sir Robert Clayton, on account of Lord Jeffreys, who, likewise, acknowledged the same; and that since the Payment of the said Sum, Lord Jeffreys has made a Purchase of two Estates of the Duke of Albemarle's, for which he paid about 34000 l.
Order'd, That Leave be given to bring in a Bill, to charge the said two Estates purchas'd by the late Lord Jeffreys, with the Re-payment of the Sum of 15000 l. and Interest, which was by him extorted from Edmund Prideaux Esq;
Several Bills pass'd.
The same day the King came to the House of Peers, and gave the Royal Assent to the following Bills. 1. An Act for raising Money by a Poll-Tax. 2. An Act for preventing Doubts and Questions concerning the collecting the public Revenue; and one private Act.
A Bill from the Lords rejected.
The 4th, an engrossed Bill from the Lords, making and declaring it to be Treason, to keep any Intelligence, or maintain any Correspondence with the late King James, being read a second time, a Motion was made to commit it, but over-ruled; and then it was rejected without a Division.
The King thanks the House for their Address for a War with France.
The 7th, Mr. Hampden signified, That his Majesty had been pleased to command him to acquaint the House, that he will presently issue forth a Declaration of War against France, and that he is encouraged thereto by the Assurance this House hath given him of their Assistance; and that his Majesty was graciously pleased to command him to return his Thanks to the House for it.
The Bill of Rights and Settlement of the Crown.
The 8th, a Bill for establishing the Articles presented by the Lords and Commons to their Majesties, and for settling the Crown, was read a third time; and an engrossed Proviso was offer'd as a Rider to be made part of the Bill, which was as follows:
A Proviso of fer'd.
'Provided always, and it is hereby declar'd, by the Authority aforesaid, That nothing in this Act is intended to be drawn into Example, or Consequence, hereafter to prejudice the Right of any Protestant Prince or Princess in their Heredirary Succession to the Imperial Crown of these Realms.'
And an Amendment.
An Amendment was then propos'd to the said Proviso, by leaving out the Word (hereafter) and inserting in stead thereof these Words, after the Limitations herein mention'd: And the previous Question being put, it pass'd in the Negative, Yeas 125, Noes 179.
Likewise an engrossed Clause.
'That from and after this present Session of Parliament, no Dispensation by Non-obstante of or to any Statute, or any part thereof, shall be allow'd; but that the same shall be held void, and of none effect; except a Dispensation be allow'd of in such Statute. Provided, that no Charter or Grant of Pardon before June 1, 1689, shall be any ways impeach'd, or invalidated by this Act; but that the same shall be and remain of the same Force and Effect in Law, and no other than as if this Act had never been made.'
The Bill pass'd.
12 d. in the Pound Land-Tax granted.
The 10th, the House in a Committee on the Supply, Resolved, That a Subsidy be granted their Majesties of 12 d. in the Pound for one Year, upon all Lands and Houses, &c. according to the true intrinsic Value; as likewise on all personal Estates, Houshold Goods and Stock excepted; and also upon Offices and Employments, those of the Army and Navy excepted: and a Bill was order'd accordingly.
The Petition of G. Speke Esq;
The same day George Speke Esq; presented a Petition to the House, complaining of certain arbitrary Prosecutions against him, by Mr. Burton and Mr. Graham, on pretence of Treason, by which means a Verdict was obtained against him, and a Fine set upon him of 2000 Marks: That afterwards, by indirect means, a Bill of High-Treason was found against his Wife, aad that he was oblig'd to compound the Matter at the Expence of 5000 l. and praying Relief. Upon which a Committee was appointed to examine the Matter of Fact, and report the same to the House.
The King gives his Assent to several Acts.
The 11th, the King came to the House of Peers, and gave the Royal Assent to An Act for the better securing the Government, by disarming Papists and reputed Papists. An Act, that the symoniacal Promotion of one Person may not prejudice another. An Act rectifying a Mistake in a certain Act of this present Parliament, for the removing Papists from London and Westminster. A Naturalization Act; and, An Act for reversing the Attainder of Algernon Sidney.
Two Members discharg'd for refusing the Oaths.
The 13th, Sir Henry Monson and Lord Fanshaw, both Members, being call'd upon by the House to take the Oaths; and both excusing themselves, as likewise protesting they were no way inclined to disturb the Government, and submitting to the Pleasure of the House, they were discharg'd from being Members, and new Writs were ordered for two others to be elected into their Room.
Petition of the Trustees to the Will of Lord Jeffreys.
The 14th, a Petition was presented to the House by the Trustees for the Children and Creditors of the late Lord Jeffreys, desiring to be neard by Council against a Bill then depending in the House, for allowing 14760 l. out of the Estate of the said Lord Jeffreys to Edward Prideaux Esq;
A Vote relating to the Bill of Indemnity.
The same day the Exceptions in the Bill of Indemnity being taken into Consideration, it was resolved, that in proceeding upon the said Bill, the Crimes be first declar'd, for which some Persons shall be exempted, for Vindication of public Justice.
The 15th, the Reasons to be offer'd to the Lords at a Conference for disagreeing with their Lordships Amendments to the additional Bill, were reported to the House, but, either for being too diffus'd, or too peremptory, were re-committed.
Report of the Committee on the additional Excise, Ground Rents, and Forfeitures.
That, as to the Forfeitures, many Difficulties and Uncertainties had occur'd, viz. Whether some that were named as Commissioners, had acted in their Offices? Whether others are not insolvent? Whether others have qualified themselves to act; and whether several are not omitted? But on the whole, they were of opinion, that the Forfeitures in the several Counties (Bedford, Devon, Lincoln, and Cardigan excepted, of which no Lists had been brought in) may be estimated at 348000 l.
The 17th, several Amendments were read to the Toleration-Bill, and agreed to; but a Motion being made to limit the said Bill to several Years only, it pass'd in the Negative, and it was ordered to be sent up to the Lords.
Lady Armstrong's Petition.
The 18th, a Petition of Lady Catherine Armstrong, and of Catherine, Jane, and Mary, her Daughters, was read, setting forth, That Sir Thomas Armstrong being unduly outlaw'd, &c. was illegally ordered to be executed by Lord Chief Justice Jeffreys, &c. which Sentence was accordingly perform'd, and his real and personal Estate, Value 12000 l. thereupon seiz'd to the Use of the Crown; which had reduc'd the Petitioners to great Want: as, therefore, the House had declar'd the said Proceedings illegal; they propos'd Reparations out of the said Lord Jeffreys's Estate, and that the House would recommend their Condition, &c. to his Majesty, that such Reparation may be order'd them accordingly. This Petition was order'd to lie on the Table.
And Mr. Wilmore's.
The same day, Mr. Wilmore, Foreman or the Jury that brought in their Verdict Ignoramus, when an Indictment was laid against Stephen Colledge for High-Treason, petition'd, likewise for Reparation of many thousand Pound Damages, &c. sustain'd by the Prosecutions he suffer'd on that account. Referr'd to the Committee on Mr. Speke's Affair.
The 21st, the House having before order'd that the Thanks of the House should be given to Admiral Herbert, and by him to the Officers and Seamen under his Command, for their good Services in his late Expedition against the French; Mr. Speaker addressed himself to the Admiral, as follows:
The Speaker's Speech of Thanks to Admiral Herbert.
'Admiral Herbert, This House hath taken notice of the great Service you have performed in engaging the French Fleet; they do look upon it as one of the bravest Actions done in this last Age, and expect it will raise the Reputation of the English Valour to its antient Glory. I do, therefore, by the Command of this House, return you their hearty Thanks for this Service, and desire you will communicate the like Thanks in their Names to the Officers and Seamen, that serv'd under your Command; and to let them know, that this House will have a particular Regard of their Merits, and take care, as much as in them lies, to give them all due Encouragement.'
The Admiral's Reply.
To which the Admiral made this Reply: 'Sir, I am in confusion at this great and unexpected Honour, and the more, because I want Words to express myself of it: the best Return I think myself capable of making, is to assure this honourable House, that, with my utmost Hazard, I will endeavour by my future Actions to deserve it; and will not fail to obey their Commands, in acquainting the Officers and Seamen who were with me, of the favourable Acceptation by this House of their Service. And, since they have so favourable an opinion of their Actions, I would beg their leave to make an humble Motion; and I think 'tis a thing becoming the Greatness of this Nation, and, indeed, has been the care of almost all Nations, that have any Commerce at Sea: It is to assign some Place and Revenue for the Support of such as are maim'd in the Service and Defence of their Country. There is no sufficient Provision made at present in this Kingdom, and indeed it is too great a Charge for the Crown: Therefore I humbly move, it may be order'd by this House, that they may have a Support and Subsistence, after they have, by Wounds, been uncapable of further Service.'
Resolution in favour of wounded Seamen.
This was follow'd by a Resolution, that the House will take care to make a Provision for such Seamen, as are or shall be wounded in their Majesties Service, and for the Wives and Children of such as shall be slain; and a Committee was appointed to consider how the same might be done.
Reasons for not allowing the Lords Amendments to the additional Poll-Bill.
Reasons, &c. The Lords insert a Clause for the Lords appointing Commissioners to rate themselves, in respect of their Offices and personal Estates, and freeing their Persons from Imprisonments, and for appointing a Collector to receive their Assessments.
Dr. Oates's Petition.
The 23d, Dr. Titus Oates deliver'd a Petition to the House, setting forth his Services in the Discovery of the Popish Plot, and his Sufferings on that account; as the withdrawing the King (Charles's) Protection and Subsistence; his being prosecuted in an Action of Scand. Mag. for speaking Truth of the Duke of York, and cast in a Verdict of 100,000 l. His being committed to the King's-Bench thereon; his being sued twice in the next Reign for Perjuries; his being fined 2000 Marks; his Pillorying and cruel Whippings. Imprisonments, &c. to the manifest Danger of his Life, and Destruction of his Constitution; praying the present Parliament to justify the Proceedings of their Predecessors, to take his Case into consideration, and to recommend him to the Bounty and Protection of his Majesty.
Exceptions voted in the Act of Indemnity.
1. That the asserting, advising, and promoting of the dispensing Power and suspending of Laws without Consent of Parliament, as it has been lately exercis'd, and the acting in pursuance of such pretended dispensing Power, is one of the Crimes for which some Persons may justly be excepted out of the Bill of Indemnity, for the Safety, Settlement, and Welfare of the Nation for the future, and the Vindication of public Justice.
4. That the advising the levying Money, and the collecting the same for and to the Use of the Crown, by pretence of the Prerogative, for other time, and in other manner than the same was granted by Parliament, is another Crime, &c.
6. That advising, procuring, contriving and acting in the Surrender of Charters, and in the Alteration and Subversion of Corporations, and in procuring new Charters, and the violating the Rights and Freedoms of Elections to Parliament, to Counties, Cities, Corporations, Boroughs, and Ports, and questioning the Proceedings in Parliament, and out of Parliament by Declarations, Informations, or otherwise, are Crimes, &c.
9. That the requiring excessive Bail, imposing excessive Fines, giving excessive Damages, and using undue Means for levying such Fines and Damages, and inflicting cruel and unusual Punishments, are other Crimes, &c.
Major Wildman, then, upon the Motion of Sir Thomas Littleton, deliver'd in his Report from the Committee appointed to inspect and examine the Accounts, in the hands of Mr. Auditor Dove, of all such Sums of Money as have been paid out of the Exchequer to Mr. Grahme, or Mr. Burton, or either of them for Crown Prosecutions, &c. which was in substance, as follows:
Major Wildman's Report concerning Money issued from the Exchequer for Crown Prosecutions, &c.
'That from the Year 1678 to 1688, Mr. Burton charged himself with having received out of the Exchequer for Crown Prosecutions, &c. 42116 l. 9s. 6d. But was charg'd by Sir Robert Howard's Accounts, with 42616 l. 9s. 6d. which makes a difference of 500 l. unacknowledg'd; that he charg'd himself with having receiv'd of Mr. Guy for the like Uses, 1438 l. 0s. 10d. Total of both Receipts, 43554 l. 10s. 4d. Total of his Discharge, 43523 l. 19s. 2.d. Due to the King from the said Burton, (supposing his Accounts were allow'd,) 531 l. 11s.
'That they jointly account for 6935 l. 14s. 6d. which is alledged in the said Account to be paid by Mr. Burton to Mr. Grahme out of the Money charged upon the several Accounts of Mr. Burton: That they farther charge themselves with 12466 l. 13s. 6d. received of sundry Persons, by his (late) Majesty's Direction.
'That by their joint Account they alledge, they have expended in Law-Suits the full Sum of 12466 l. with an Overplus of 1300 l. but do not acknowledge the 600 l. charg'd to them by Sir Robert Howard, as a Reward for prosecuting Colonel Whitley and Lord Oswelston, over and above 3 Years Salaries.
'That it appears by the Accounts of the said Burton and Grahme that most of the said Moneys were paid to Witnesses, Jurors, Solicitors, Council, and to themselves in Prosecutions of pretended Criminals.
'That, for Instance, they pretend to have expended, in prosecuting for their Lives Lord Delamere, 535 l. 6s. 5d. Mr. Hampden (for pretended Correspondence with Colonel Armstrong.) 527 l. 1s. 6d. Alderman Cornish, 346 l. 11s. Mr. Hays 232 l. 7s. 4d. Earl of Devonshire, 218 l. 2s. 5d. Sir Samuel Bernardiston, 717 l. 3s. 4d. Sir Thomas Pilkington, 264 l. 7s. 10d. Mr. Samuel Johnson, 181 l. 16s. 4d. Dr. Oates, 3037 l. 9s. 6d. The seven Bishops, 183l. 1s. In procuring a Quo Warranto against the City of London, 1000 l. 14s. 2d. and against 80 other Corporations on the like Account, 1197 l. 9s. 8d.
'That it appears they expended several Sums contrary to the Laws of the Land, as 3 and 5 Guineas a piece to Middlesex Jury-men, and in treating them sometimes, 25 l. sometimes 40 l. and sometimes 50 l. besides unwarrantable Fees to Sheriffs and other Officers about Juries.
'That great Expences are charg'd in their Accounts for Defence of several Persons against their Fellow-Subjects, for Damages done them by the Partizans of the Designs of the late King; particularly in the Case of Sir John Moor, when many Actions were brought against him by the Citizens of London, for arbitrary Proceedings in the Election of Sheriffs.
'That it appear'd on the Examination of several Persons, that the said Burton and Grahme, then were employ'd in procuring, hiring, and otherwise influencing Witnesses against the abovemention'd pretended Criminals.
'In which they were assisted by Sir Roger L'Estrange and one Hawes. That they offer'd one Cragg a Prisoner, 100 l. quarterly, if he would become Evidence against the Earl of Macclesfield, Lord Delamere and Major Wildman. But he refusing, they caus'd him to be kept a close Prioner in Newgate, without Fire or Candle, 40 Weeks.
'That they were the principal Instruments against Stephen Colledge at Oxford; that together with the Attorney-General, they deny'd the said Colledge (who was condemned and executed) a Copy of his Jury, the use of his own Papers, and other Benefits of the Law.
'That tho' no Cause is assign'd in the Writ of the Peers, for committing the late Lord Jeffreys to the Tower, they find it to be notorious, that he was instrumental in the undue and illegal Prosecution, &c of Lord Russel, Colonel Sydney, Fitzharris, Colledge, and Armstrong. And it is expressly avowed in the Accounts of the said Burton and Grahme, that the said Jeffreys undertook the Prosecutions in the West, after Monmouth's Invasion, and received of the said Burton and Grahme, 1416 l. 10s. for the Job. To which may be added, that the said Burton and Grahme paid to other Commissioners on the Estates of attainted Persons 1117 l. 18s. 10d. more.
'That the said Jeffreys past several Grants under the great Seal to violate, transgress, and supersede the Laws; many shocking Particulars of which are enumerated, especially relating to the tyrannical Powers delegated to the High Commission Court, of which the said Jeffreys was appointed to be of the Quorum, and sat accordingly.
'That Sir Robert Wright, late Lord Chief-Justice, and Sir Thomas Jenner late one of the Justices of the Common Pleas, had likewise a principal Concern in these arbitrary Proceedings; for which, in the Opinion of the Committee, they were involved in the Subversion of the Laws and Government of this Kingdom.'
Sir Thomas Littleton then moved, by the direction of the Committee, that the Chairman of the Grand Committee of Grievances might bring in the Commissions and other Writings relating to the Court for ecclesiastical Causes. And a Resolution was pass'd accordingly; as likewise that Schedules of Grahme and Burton's Accounts be deliver'd to the Clerk of the House, to be kept for the Service of the House; as likewise, that the former Committee to whom it was referr'd to examine the Cases of Prisoners in the Tower, Newgate, and the Gate-House be reviv'd, and do examine the Writings taken with Mr. Brent, and make a Schedule of them.
The Petition of Lady Lisle's Daughters.
The 24th, a Petition was deliver'd to the House by the Daughters of the Lady Lisle, beheaded at Winchester, setting forth, That, upon the Duke of Monmouth's Defeat, she was seiz'd by a Troop of Horse at Winchester, her House plunder'd, to some thousands of Pounds Value. That she was, afterwards, imprison'd, and try'd at Winchester for harbouring one John Hicks Clerk, as knowing him to be a Traitor, tho' at that Time not indicted as such; and by a Verdict, injuriously extorted, by the late Lord Jeffreys, convicted, and executed for High-Treason; whereby the Petitioners were left destitute of their Fortunes, and forced to subsist on the Charity of their Relations, and praying the Consideration of the House, and what they should think suitable to their Necessities out of the Lord Jeffreys's Estate.
And of Reginald Tucker.
The same Day a Petition from Reginald Tucker was read, setting forth, That being obnoxious for his Zeal to the Protestant Religion, he was try'd, as a Favourer of the Duke of Monmouth, at Wells, and condemn'd to die by Sir Francis Withins, but repriev'd by the late King during Pleasure; who gave the Petitioner's Estate, real and personal, unto Theophilus Oglethorpe, and kept him in Prison from March till December, 1686/7. So that he, and his four Children were expos'd to great Misery. That the Petitioner's Wife Chatherine, instead of purchasing a Pardon for him, was, before his Tryal, married to one Vaughan, by Means of Sir Thomas Williams, for which the said King pardon'd her; and praying the said Sentence of Attainder might be revers'd, and that a Divorce might be granted him from his Wife, a Vinculo Matrimonii, the ecclesiastical Courts having only granted him a Separation a Thore & Menja.
Several Acts pass'd.
The same day, the King came to the House of Peers, and gave the Royal Assent to An Act for exempting Protestant Subjects from the Penalties of certain Laws: An Act for annulling the Attainder of Alicia Lisle, Widow: And a private Bill.
The Petition of several Citizens of London.
The same day, a Petition of several Citizens of London was read, setting forth, That being indicted and try'd for a pretended Riot, before the late Lord Chief- Justice Saunders, he deny'd the Petitioners their Challenges to the Array: And refus'd to seal a Bill of Exception; by which undue means, the Defendants were found guilty. That after the Verdict, Sir Thomas Jones, Sir T. Raymond, and Sir T. Williams, rejected a Motion in the Petitioners Behalf for filing a Postea, which had been conceal'd by Mr. Ward of the Crown-Office; which Postea would have discharg'd the said Verdict. That the Petitioners (Chief-Justice Saunders being dead) were by the said other three Judges unreasonably fined, and, by Imprisonment, fore'd to pay the same, That the said Proceedings are grievous to the Petitioners, and relievable only in Parliament, and that therefore they pray Redress, &c.
Disputes between the two Houses, on the Bill for enabling Commissioners of the Greatseal to act as Chancellor, or Keeper.
The same day, Sir William Pulteney reported to the House, the Result of a Conference with the Lords, touching the Amendments made by the House to the engross'd Bill for enabling Lords Commissioners of the Great-Seal, to execute the Office of Lord-Chancellor, or Lord-Keeper: The amount of which was, That Lord Cornwallis had manag'd for the Lords. That the Lords had rejected some of their Amendments, and agreed to certain others, with Amendments of their own. The said Amendments were then read; some of which were allow'd, and others rejected, on a Division of 149, against 112. And a Committee was order'd to prepare Reasons to be offer'd to the Lords, at a farther Conference.
A Bill pass'd, to commit suspected Persons without Bail.
The Lords Reasons, offer'd at a Conference, on the additional Poll-Bill.
'1. That it is the common Course of Parliament to pass explanatory Acts of any Thing that has been omitted or ill express'd in any other Act pass'd in the same Session, and one of that sort has pass'd this present Session.
'2. That the House of Commons have, in this Bill, taken care of Serjeants-Inn, and the Inns of Court, and Chancery, That they should be rated by their own Members; and that, since there is no comparison to be made between them and the Peers of England, therefore the Peers ought to be rated by none but those which are of their own House.
3. That the House of Peers, out of their extraordinary Zeal, for the reducing Ireland, and the Poll-Bill coming up so late to them from the House of Commons, that they had not so much Time to deliberate upon every Part of it, as had been necessary, if so pressing an Occasion would have allow'd it, did make this Omission: which, for that Reason, ought not to turn to their Prejudice; it being their undoubted Right, which had been preserv'd to them in all former Poll-Bills; and, particularly, in the last, which pass'd in the 29th of Charles II. the Proviso being conceiv'd in the same Terms, with the Proviso now offer'd.'
Unsatisfactory to the Commons.
Upon hearing these Reasons, a Debate arose in the House, which was post-pon'd till the 29th, when the Question being put to agree with the Lords, it pass'd in the Negative, nem. con. and a free Conference was desir'd with the Lords, thereon.
The 28th, an Address for the Relief of Irish Protestants, being read for the first Time; and it being propos'd that one Means of furnishing that Relief, should be by applying part of the Stock, belonging to the late King, in the East-India, and Guinea-Companies; Mr. Papillon acquainted the House with the Particulars of the said Stock, as follows, viz.
An Account of Stock, held by the late King.
That at different Times, and of different Persons in 1684, the Duke of York had purchas'd 3000 l. East-India Stock. That a Transfer of 7000 l. Stock more was made from the separate Account of George Boone, to King James in 1687.
That the said King James had, by a Transfer, dated at St. Germains, made over 3000 l. of the said Stock to James Grahme, which Transfer was allow'd by the Company; and that the said James Grahme hath since transfer'd the said Stock as follows, to Josiah Child Esq; 500 l. to William Sheppard 1200 l. and to Richard Stern, Esq; 1300 l.
That in 1674, the Duke of York had Credit for 3000 l. in the Guinea or African-Stock. Which he has since transfer'd at St. Germains, to the said James Grahme, who has likewise transfer'd 2500 l. of the said Stock to several other Persons.
Relief voted, to the Irish Nobility and Gentry, out of the same.
The Bill pass'd for committing suspected Persons, without Bail.
Another Exception in the Bill of Indemnity.
The 29th, the House proceeded, first, on the Affair of the East-India Company, and afterwards to the Bill of Indemnity, when it was Resolv'd, That the Bailing (by the Court of King's-Bench) Persons committed by Impeachments, by this House, is one of the Crimes, for which some Persons may be justly excepted out of the Bill of Indemnity.
The same day, Mr. Foley deliver'd in a long Report, from the Committee appointed to enquire, who were the Authors and Advisers of several Grievances, relating to the City of London. The Amount of which, was, that Sir John Moore, Lord-Mayor of the said City, in 1682, had by divers indirect, violent, and arbitrary Means, and with the Assistance of the Soldiery, invaded the Privileges of the Citizens, in declaring North and Rich to be Sheriffs, when the Numbers on closing the Poll, were found to be,
That Mr. Papillon and Mr. Dubois after this bring each a Mandamus to be sworn Sheriffs, as being duly elected, to which the Lord-Mayor, Aldermen and Sheriffs, viz. North and Rich, made a Return that they were not duly elected.
That upon this, Papillon and Dubois bring their Action against Sir William Pritchard (the new Lord-Mayor) Sir Dudley North, Sir Peter Rich, &c. The Writs being directed to the Coroner, he waited on them 3 or 4 Months to desire their Appearance, but they slighted him, till the Time of the Return was out: After which, the Writs being renew'd, he arrested the Lord-Mayor; who said there must be some Plot to take up all the Magistrates of the City. To whom the Coroner reply'd, he knew of none. And that if they would give Bond to appear, they might be immediately discharg'd. But the Lord-Mayor refus'd, and the Lieutenancy were order'd to come thither with their Troops, who threaten'd to pull down the Coroner's House. That, while this was in Debate, they found means to send the Coroner to the Compter, upon an Action once enter'd for a real Debt by his consent, but afterwards countermanded. That when he was in the Compter, they suffer'd none to come to him, and in the mean time, took advantage of his Absence, and so went their way. That the next Morning the Coroner went to the Lord Mayor, but was deny'd Access by certain Persons, who drew their Swords upon him, and threaten'd to run him through. That Sir William Pritchard afterwards brought his Action against Papillon and Dubois, and the last dying in the mean while, obtain'd a Verdict against Papillon, on account of the Arrest, with 10,000 l. Damages.
That before any of those Proceedings, a Quo Warranto was brought in the Name of Sir Robert Sawyer, carried on by Burton and Grahme, against the City of London, upon which Judgment was given against the said City, by the Justices, Jones, Raymond and Withins, some of whom declar'd, they had, likewise, the Concurrence of Saunders, then Lord ChiefJustice; tho' it was attested to the Committee, that Saunders was both speechless and senseless, when they came to him.
That it farther appear'd, that Pemberton, and Dolbin, who were Justices of the King's-Bench, were remov'd from that Court, their Opinions having been discover'd to be against this Information brought against the City.
The whole Report was clos'd with a Resolution of the Committee; That it was their Opinion, That Sir John Moore, and Sir Dudley North, were two of the Authors of the Invasion made upon the Rights of the City of London in the Election of the Sheriffs for the said City, in 1682.
The 31st, Sir Thomas Littleton reported from the free Conference with the Lords, on the Additional Poll-Bill, That the Lords, Rochester, and Huntington, and Bishop of Salisbury manag'd for the Lords: To whom the Commons urg'd the Reasons of the House, for not agreeing with the Lords, in Substance as follows:
Sir Thomas Littleton's Report of the free Conference with the Lords.
'That as in this Additional Poll-Bill, none but Commoners were tax'd, they inferr'd their Lordships had no colour of Reason to meddle with it; or to name Commissioners to tax the Peers, in a Bill that did not tax the Peers.
'That there was no Omission in the former Poll-Bill, which was pass'd and agreed to by the Lords; but by the Consent of both Houses; the Nomination of Commissioners was left to the King, (indeed, so restrain'd, that the King was to name them out of the Commissioners in the said Act,) who were to tax all the King's Subjects, both Lords and Commons: As therefore, the Lords had included themselves in that Bill, the Commons think it hard, their Lordships should urge any subsequent Bill, to supply a Defect of the former.
'That the Lords pleaded to this, Inadvertency and their own Zeal to give the former Bill a quick Dispatch; and farther, that they had several Precedents of their naming Commissioners. And that they, likewise, thought it hard that their Oversight should turn to their Prejudice.
'To which the Commons reply'd, That if the Commission had been such, that no Commissioners had been named at all, the Commons would have agreed to their Lordships present Demand, rather than their Lordships should not be tax'd. But Commissioners being already named, the Commons thought any Alteration went a great way to repeal the Act. That the Commissioners so named, might probably be enter'd upon their Office, and were already Taxing their Lordships, at least, they would soon do it, if this Clause be not admitted: Therefore, if the present Commissioners, as the Law stands, and the Lords have consented, be no Authority to tax them, the Commons thought it would be a Repeal of that Law, at least, pro tanto; for their Authority must cease, who have it by the former Law.
'That, then the Lords insisted much, that tho' the Lords are not expresly tax'd, in this additional Poll-Bill, they have a sufficient Handle for their Demand furnish'd by it; by the Indulgence, it accords to the Inns of Court, and Chancery.
To this the Commons rejoin'd, (among other things which are so obscurely express'd as to be hardly intelligible) that the Reason of this Indulgence to the Inns of Court and Chancery, was owing to a pretended Privilege of theirs, of hindering all other Commoners from coming into their Jurisdiction: And so that this part of the Tax might not be lost, the Bill provided that the King might name Commissioners of themselves, but they did not name new Commissioners: And, that upon the whole matter, the Commons left it with their Lordships to consider, whether they will agree or no.
The Lords abide by their Clause.
The Lords, the same day, desir'd another free Conference on the same Affair, in which they recapitulated what they had advanced before; insisted on this Opportunity to retrieve their Right, and adher'd to their Clause.
And the Commons by their Bill.
When this was reported, the Commons likewise resolv'd to adhere to their Bill, without Amendments; and appointed a Committee to consider of the Methods of proceeding between the two Houses in passing of Bills.
An Enquiry voted why Londonderry was not relieved.
June 1, The House appointed a Committee to enquire what has been the occasion of the Delays in sending Relief over into Ireland, and particularly to Londonderry: That they make enquiry what Default was in relation to the Provisions that went over with the Soldiers to Ireland; and also very particularly into the Carriage of the Colonels Lundee, Richards and Cunningham; and to know the Reasons why the Relief sent to Londonderry was brought back again; and that they enquire into all other Miscarriages relating to Ireland and Londonderry.
June 3, Sir Thomas Littleton mov'd the House from the Committee appointed to make the said Enquiry, that his Majesty might be humbly desir'd to give Directions, that Copies of the Commissions and Instructions given, relating to Londonderry and the Kingdom of Ireland, may be transmitted to the said Committee; and also that Colonel Lundee (a Prisoner in the Tower) may be brought to the said Committee; and a Resolution was made accordingly.
The Petition of John Colliford.
The 4th, a Petition of John Culliford was read, setting forth, 'That for zealously opposing the Election of Sir John Moore to be Lord-Mayor, and for detecting certain false Quotations from King James the first's Basilicon Doron, made by the Grand-Jury of Southwark in 1682, with a design to render the Dissenters obnoxious, he was, by the Instigation of the said Jury, seiz'd in London, without a Warrant, and hurried before one Piers, a Justice, who committed him to the Compter, with Orders to debar him from Pen, Ink and Paper; as likewise to let nobody speak to him, but keep him a close Prisoner in a Place where there was no Bed, and nothing but damp Earth to lie on, which was executed accordingly. That the next Session, one Seymour brought an Indictment against him, and that one Robert Stephens (a Messenger) seiz'd him without Warrant, and being accus'd before Sir W. Pritchard LordMayor, by Hills the King's Printer, of having charg'd the Duke of York of Designs to subvert the Religion and Liberties of his Country, he was committed close Prisoner to Newgate, try'd at the Old Bailey, and by a pack'd Jury, return'd by North and Rich Sheriffs, found guilty without positive Proof, and was sentenc'd by Mr. Justice Withins to pay 200 l. Fine, to stand twice in the Pillory for an Hour, give Security for two Years good Behaviour, and be imprisoned till the Judgment was satisfy'd. That the first Day he was kept in the Pillory two Hours, during which time certain bloody-minded Persons from the top of the Change threw a Stone of several Pounds, which missing his Head, broke in several Pieces. That the next Term he was remov'd, at the Duke of York's Suit, to the King'sBench, and charg'd with an Action of Scandalum Magnat. at 100,000 l. Damage; which was try'd the same Term, he being absent, by the Lord Chief Justice Jeffreys, by whose Direction another pack'd Jury found the abovesaid Damages, without Proof also. That being charg'd in Execution the next Term, he was lock'd up for half a Year in so close a Room, that he had almost lost his Eye-sight. That in the frosty Weather he had been hall'd out of his Chamber to a Hole not above 8 Foot Square, without any Fire-Place, loaded with double Irons: That he was afterwards thrown on the Common-side, where he continued for near half a Year lying in a Hole about 5 Foot Square, and 3 or 4 under Ground: That such barbarous Usage had several times almost reach'd his Life: That he had lain under the said Usage near five Years: That he had not recover'd his Health to that Day: That he had been really damnify'd to the Value of several thousand Pounds: That he submitted his Case to the tender Consideration of the House, and implored such Relief as to them should seem meet.'
That of John Topham Esq;
The same day, a Petition of John Topham Esq; was read, setting forth, 'That he being Serjeant at Arms, and attending the House in 1679 and 1680, when he was charg'd with the Execution of several Orders of the House to take into custody several Persons for Breach of Privilege: That the said Persons on the Dissolution of the Parliament being resolved to ruin the said Petitioner for executing the said Orders, did sue the Petitioner in the King's-Bench in several Actions of Trespass, Battery, and false Imprisonment; to which Actions the Petitioner pleaded the said several Orders of the House, which Orders were over-ruled by the then Judges, and Judgments given against him, in some of which excessive Damages were enjoined: so that to prevent farther Prosecutions, the Petitioner was forc'd to comply with the Plaintiffs; having been a Sufferer for maintaining the Rights of this House above 1200 l. &c. And therefore praying the Consideration of the House.
And of Thomas Swaddon, Gent.
A Petition of Thomas Swaddon was likewise read the same day, setting forth, 'That he was a Burgess of Calne in Wiltshire, and opposing the Quo Warranto brought against the Charter of that Corporation, he was inform'd against in the Court of King's Bench as a disaffected Person, &c. for which Lord Chief Justice Jeffreys sentenced him to stand in the Pillory at Calne before his Tenants and Neighbours, and also at Salisbury; to pay a Fine of 1000 l. and give Security for his good Behaviour for Life. That, in consequence of this Judgment, he had been confin'd three Years in the King's Bench to his Ruin: That he had paid several hundred Pounds in Fees to Burton, Grahme, Sir Robert Sawyer's Clerk, &c. That he had been forc'd to sell one Part of his Estate, and mortgage the rest; and therefore begg'd Reparation out of the plentiful Estates, obtain'd by Jeffreys and Brown, for regulating Corporations.'
Another Exception to the Act of Indemnity.
The 8th, the House proceeded in the Examination of Complaints against the East-India Company, and the Question being put, That such Persons as procur'd the Commission to execute Martial Law in the Island of St. Helena, and such as sign'd Instructions for putting the same in execution, be excepted out of the Bill of Indemnity; as to those Crimes the House divided, and it pass'd in the Affirmative, Yeas 157, Noes 138.
Proceedings on the Abuse of Aulnage.
Proceedings on the Supply.
The same day, Sir T. Littleton reported from the Committee on the Supply a Clause to reduce the Fees from 1½ to ¾ in the Pound on all Monies granted this Session; which, with some Amendments, was agreed to by the House.
'Provided always, &c. That in case any Person or Persons shall obstinately refuse to pay the Rates assessed upon them by the Commissioners appointed to rate and assess them by this Act, by reason of not owning the Authority of the said Commissioners of this present Parliament, the same being prov'd by two Witnesses upon Oath; that then every such Person and Persons shall incur the Danger and Penalty of a Præmunire, mention'd in a Statute made in the 16th Year of King Richard the Second.
Proceedings on Oates's Case.
A Report being then made by Sir Robert Howard from the Journals of the Lords, of the Transactions of that House; in relation to the Reversion of the two Judgments of the King's-Bench against Mr. Oates; the Amount of which was, that the Lords had put a Negative on the said Reversion, with the Exception of thirteen Lords who had protested.
Resolv'd, That the Prosecution of Titus Oates, upon two Indictments for Perjury in the Court of King's Bench, was a design to stifle the Popish Plot; and that the Verdicts given thereupon, were corrupt, and that the Judgments given thereupon were cruel and illegal.
Sentence against S. Johnson in the King's-Bench censur'd.
The 12th, Sir William Pulteney reported the farther Reasons to be delivered at a Conference with the Lords, for not agreeing with their Lordships in their Amendments to the Bill, for enabling Lords Commissioners of the Great Seal to execute the Office of Lord Chancellor, or Lord Keeper; which generally depending on Alterations of Words, and Scraps of Sentences, cannot be render'd intelligible, unless compar'd with the Bill itself.
Farther Proceedings on the Bill of Indemnity.
The House then proceeded to the Consideration of the Bill of Indemnity, and a Debate ensuing, whether a Committee should be appointed to examine who are concern'd in the several Heads of Exceptions, the previous Question was put, and carry'd in the Affirmative; and the main Question being put, it pass'd in the Negative.
Certain Persons ordered to be impeach'd for dispersing King James's Declaration.
The 13th, The House being informed that Sir Adam Blaire, Captain Vaughan, Captain Moyle, Dr. Elliott, Dr. Grey, and several others, had dispers'd a seditious and treasonable Paper printed, and entitled a Declaration of King James the Second; and the said printed Paper being read at the Table, Resolved, That the said Persons be impeach'd of High Treason for dispersing the said Paper.
Which is order'd to be burnt by the Hangman.
Judges examin'd why they had been displac'd.
The 14th, the House being informed that, according to their Order of Yesterday, the Lord Chief-Baron Atkins, Mr. Justice Dolben, Mr. Baron Nevil, Mr. Justice Powel, and Mr. Justice Gregory, attended at the Door;
Resolved, That they be call'd in, and ask'd for what Reason they were formerly displac'd from being Judges; a Chair was then order'd to be set for them within the Bar, and they were severally call'd in, and stood behind the same, the Serjeant with his Macc standing by on the Right Hand, and gave Answer to the Questions put to them by the House.
Clerks of the Council examin'd.
Resolved, That they be ask'd who were of the Privy-Council, at or about Lady-Day, 1681. and who were then of the Cabinet-Council, and whether any Roll, or Note was kept of their Names. And also, what Books and Papers they have of Returns of Persons Names, who would take the penal Laws and Tests, and where the same are, and what are become of them; and also, what Letters were sent to the Lord Lieutenants, and what Returns they made.
Sir Robert Nappier's Report of Mrs. Fitz-Harris's Case.
The 15th, Sir Robert Nappier reported from the Committee appointed to inspect the Case of Mrs. Fitz-Harris, That the said Mrs. Fitz-Harris had a Pension of 200 l. per Ann. for 15 Years allowed her, on account of her Father, (who was Commander of the York Frigat) his being kill'd in the public Service; that this Pension was constantly paid her till the Year 1681, when it was stopt because she would not persuade her Husband to lay a Popish Plot on the Protestants; over and above which, she was threatned to be imprison'd on the same account. One John Lunn, likewise, affirmeth, that he was an Instrument of conveying Mrs. Fitzharris away, and was therefore sent for to Windsor; where being brought before the late Lord Conway, the said Lord first threaten'd him, and then offer'd him, the said Lunn, 5000 l. to deliver up the said Mrs. Fitzharris, which he refus'd. It further appear'd on the Evidence of one Mr. Harrington, that the said Mrs. Fitzharris was instrumental in delivering the Earl of Shaftsbury, the Earl of Bedford, and some other Lords, and divers Members of the House of Commons, (some of which have acknowledg'd the same,) from a Design, of putting treasonable Papers in their Pockets. That she advertis'd several Persons of the villanous Project against them, and was the only Person (under God) which prevented its taking place; by persuading her Husband to desist from the villanous Attempt, though he had already receiv'd 200 l. as an Earnest of the late King, (which said 200 l. she remembers her Husband brought home in a Hand-Basket,) and tho she lost the Pension which she hopes to be restor'd to, and that this Honourable House will recommend her and her three Children to the present King as Objects of Charity.
Address relating to the Irish Protestants.
'We your Majesty's most dutiful and loyal Subjects, &c. having taken into our serious Consideration, the many great Sufferings of the Protestant Nobility and Gentry of Ireland, which their Zeal for the Protestant Religion, your Majesty's Service, the Interest of England in that Kingdom, and Love to our Nation, have expos'd them to, &c. being the only Body of Protestants ruin'd by the late happy Revolution, which hath wrought so great a Deliverance, &c most heartily crave Leave, in their Behalf, to offer their deplorable Condition to your Majesty's most princely Consideration.
'And whereas, by reason of their Numbers, they are very apprehensive of their being and continuing a Burthen to this Kingdom while they remain in such Condition unemploy'd, and that many of them, for their Interest in, and Knowledge of that Kingdom, as well as their Experience, &c. in military Affairs, being well-qualify'd to serve under your Majesty for the reducing thereof, and all of them pressing and forward for that Service, &c.
'3. That for their present Subsistence we humbly pray that the Sum of 15000 l. may be forthwith distributed among them. And that for a further, and standing Fund for their Subsistence, until Ireland shall be reduc'd, your Majesty will be graciously pleas'd to issue forth your Royal Proclamation requiring all Papists beyond Seas, who have Estates in England, and all Protestants that are in Arms, or otherwise engag'd against your Majesty, if any such there be, to return within a certain Time; and that the Estates of such as shall not give Obedience thereunto, be seiz'd into your Majesty's Hands for the Relief of the said Nobility and Gentry, who are, or shall be depriv'd of their Estates there.
'And we the rather make this our humble Supplication, to your Majesties, because we esteem ourselves oblig'd to afford them present Relief, and to represent the speedy Recovery of that Kingdom, of great Importance to this in all respects, as your Majesties, and the Nation's true Interest.
'And we do humbly beseech your Majesties to take the Duke of Ormond, and his great Merits and Sufferings into your particular, and Royal Consideration, and that your Majesties would be pleased also to consider of the rest of the Nobility and Gentry, already fled, and daily coming up from Ireland, that remain unprovided for.
'And that your Majesties Favour and Bounty to the said Nobility and Gentry, may be distributed with the greater Ease and Advantage; we do humbly recommend to your Majesties, that what you shall be graciously pleased to advance for their present Supply, you will be pleased to order the same to be paid into the Chamber of London, or such other Place as your Majesties shall think convenient, with as much Expedition, as the Urgency of your Affairs will admit; to be thence paid out for them respectively, with as little Charge and Trouble of Attendance as may be.'
The Land Tax-Bill pass'd.
The 17th, the Subsidy-Bill having been read for the third Time, and received some minute Amendments, Resolved, That the Bill do pass, and that the Title thereof be, An Act for a Grant to their Majesties, of an Aid of 12 d. in the Pound for one Year, for the necessary Defence of their Realms.
The Examination of Mr. Justice Powel, touching the King's dispensing Power.
The 18th, Mr. Justice Powel attending the House according to Order, a Chair was order'd for him, standing behind which, he reply'd to the Questions put to him by the House, concerning the Opinion of the Judges in the Case of Goodwin and Hales, touching the King's Power to dispense with the Laws, in Substance, as follows:
That he receiv'd Information from Sir Robert Wright Puisne Judge of the King's Bench, that Lord Chief-Justice Herbert had order'd him to acquaint the Judges of Serjeants-Inn, that he had receiv'd the King's Commands to assemble all the Judges at the said Inn, to consult with them upon certain Matters; and that the said Judges did meet there accordingly. When the said Lord Chief Justice gave them to understand, they were met to give their Opinions on the Case of Goodwin and Hales, which he then put, to this effect, viz.
That an Information was exhibited against the Defendant, upon the Stat. 25 Car. II. for exercising the Office of Colonel of a Regiment of Foot, without taking the Oaths, Test, &c. To which Information the Defendant pleaded a Patent from the King under the Great Seal, whereby he dispens'd with his taking the said Oaths, Test, &c. with a Non-obstante to the said Statute.
The House then proceeded to ask what Opinions the Judges delivered on this Case; and he desiring to be excus'd from answering, was order'd to withdraw. After which, being call'd in, he was requir'd in the Name of the House, to declare the said Opinions, with a saving to his own, which he was left free to utter or conceal.
He then inform'd the House, that Lord Chief Justice Herbert gave his opinion at large, in support of which he cited several Cases. After which, he demanded his (Powel's) Opinion: In Return to which, he pleaded the Importance of the Case, his being unprepar'd, &c. and demanded till the next Term to consult the Books, but was told Sentence would be given the next Tuesday, which was the last Day of Trinity Term: Upon which he promis'd to wait on the Chief Justice the Monday following.
That Mr. Justice Lutwych declar'd, the King could dispense in that case, but not in Ecclesiastical or Civil Affairs; and when he found others for a dispensing Power, but limited, he added, Take notice, I pray, that I restrain it to this particular Case.
That Lord Chief Baron Atkins said, that if the Cases quoted by Lord Chief Justice Herbert were Law, the King might dispense in this case. To which he added, (as he conceives, he being far off, and not hearing distinctly) that he knew not whether the Cases cited were Law or not.
That he (Powel) visiting him about 4 or 5 Days after, and touching on the ill Consequences of that Opinion, he declar'd he had given no positive Opinion, but was now convinced that the King could not dispense with that Statute.
He then withdrew, and Sir Robert Henley and Sir Samuel Astrey were called in; who declared, that the Day Sentence was given, the Lord Chief Justice Herbert, the Justices Withins, Holloway and Wright, were upon the Bench; that they were all of the same opinion, and that Herbert pronouncing Judgment, declar'd ten Judges were positive for the dispensing Power: That one disputed, and one hesitated; but that Justice Holloway inform'd him that Morning, the last was come over to them. That the Case was argued but once by Mr. Northey against the dispensing Power, and by Sir Thomas Powis King's Council for it. Judgment was pronounc'd by the Chief Justice alone, without the Concurrence of the other Judges, seriatim, as usual; and that the Chief-Justice laid down certain Propositions, some of which were, That the Laws were the King's Laws, that the King might dispense with his Laws in case of Necessity, and that the King was Judge of that Necessity.
Several other Persons were likewise examin'd on the same Subject: After which the House proceeded to an Enquiry who were at the Council-Board, and sign'd the Commitment of the seven Bishops to the Tower; and the Information was as follows:
Four Judges excepted out of the Act of Indemnity.
The 19th, Sir Jof. Tredenham acquainted the House, that his Majesty comply'd with the Address of the House with respect to the Employments of the Irish Nobility and Gentry, in reducing that Kingdom, &c.
Treasonable Papers communicated to the House, by order from the King.
The same day the House of Lords communicated certain treasonable Papers to the House, by Order of his Majesty: before the reading of which, Mr. Hampden acquainted the House, that the said Papers were found upon two Persons, who were going to Ireland, in a Ship which had stole out of the Port of Liverpool, but was stopt about five Miles at Sea: That they were dispatch'd up to Town, by the Mayor, and that the Letter to Piggott, and two more, were written by King James, tho' he had, in one of them, somewhat disguis'd his Hand.
Upon reading the said Papers, the House Resolv'd, That an Address be presented to his Majesty, that all considerable Papists be taken into Custody, and that their Arms and Horses shall be search'd for, and seiz'd.
A Clause from the Lords, in favour of the House of Hanover, rejected.
The same day, the Amendments added by the Lords to the Bill for declaring the Rights and Liberties of the Subject, and settling the Crown, were read; one of which providing, that in Default of Issue in the Queen, and Princess of Denmark, the Crown should descend to the Hanover-Line, it pass'd in the Negative nem. con. A Debate likewise arose on another of the said Amendments, which was a Sort of Test to be presented to such Persons as were to succeed to the Throne, in Case of such Default of Issue, and to be made the sine qua non of their Accession: Which ended, in referring the said Clause to the Consideration of a Committee.
Cornish's Attainder revers'd.
The 22d, the Bill from the Lords, to Reverse the Attainder of Henry Cornish Esq; was pass'd, together with a Clause for cancelling and taking off the File, all Proceedings and Records relating thereto.
The Petition of John Bearcroft Esq;
The same day, a Petition of John Bearcroft Esq; late Serjeant at Arms, to King Charles II. was read, setting forth, That he having been most active in executing his Orders against Popish Priests, many of whom he had taken, at the very Altar, and going in continual Danger of his Life on that account, was forc'd to dispose of his Place and abscond. That having an only Son, he settled all he had upon him, from whom he expected a Support. But he being afterwards murder'd in the Street, by a Popish Priest, your Petitioner was thrown into the King's-Bench-Prison, to his utter Ruin. That, on this most happy Revolution, he did not doubt, but Sufferers would have been rewarded. But that he experienced the contrary, his Petitions being all rejected by those who had the Disposal of Places above stairs; who openly sold them to the highest Bidder. That, tho' he wanted Bread, he was ordered to trouble them no more. That, therefore, he pray'd the House would be pleas'd to call before them Fleet Shepherd, Simon Smith, and Richard Colling Esqs; to account for the many thousand Guineas they have unjustly got, for the Disposal of the said Places, and that this Petitioner may be allowed to produce his Witnesses to prove the same.
Several Acts pass'd.
The same day, the King went to the House of Peers, and gave the Royal Assent to the Land-Tax Bill: An Act for enabling Commissioners of the Great-Seal, to act as Lord Chancellor, or Lord-Keeper: An Act for reviving two former Acts for the Exportation of Leather: An Act for the Exportation of Beer, Ale, Cyder, and Mum: And six private Bills.
The Case of Mr. (fn. 1) Samuel Johnson.
That an Information in the King's-Bench was exhibited against him for a Libel in the late Reign, by Sir Robert Sawyer, the Attorney-General; that in the same Term they forc'd him to plead, and procur'd a Jury to find him guilty; that Sir Francis Withins sentenc'd him to pay 500 Marks; to lie in Prison till it was paid; to stand in the Pillory three Days in three several Places; and to be whipt by the common Hangman from Newgate to Tyburn: That the Judges then on the Bench, were Lord Chief-Justice Herbert, Withins, Wright and Holloway. That it being esteem'd a Scandal to the Clergy to have so infamous a Punishment inflicted on one of their Body, the Bishop of Winchester, (the King's-Bench being in his Diocese) and the Bishops of Durham, Rochester and Peterborough, Commissioners to exercise the Jurisdiction of the Bishop of London, in whose Diocese his Rectory was, were summon'd to meet at the Convocation-House, whither Johnson was brought by Habeas Corpus: And a Libel being exhibited against him by one Lee a Proctor, charging him with great Misdemeanours, on Record before the Temporal Judges, but specifying none, he demanded a Copy of the said Libel, and an Advocate; both which were refus'd, and the Bishops proceeded to Sentence forthwith, which was,
5. And that he should undergo the Punishments aforesaid, To this Mr. Johnson enter'd his Protest, as being done against Law, and Canon 132, as likewise not by his Diocesan (then suspended.) But the Bishops refus'd the said Protest.
Articles of Impeachment, prefer'd against several Persons.
The same day, Articles of Impeachment were read, and agreed to by the House, against Sir Adam Blair, Capt. Henry Vaughan, Capt. Frederick Moyle, Dr. John Elliott, and Dr. Robert Grey, for composing and publishing a Declaration in the Name and behalf of the late King James.
A Petition from the Common-Council of London.
The 25th, the House received a Petition from the Common-Council of London, by the Sheriffs, in which, after many Compliments to the House, on the great Things they had done for the Nation, they pray, That our most gracious King may be freed from all Restraints of using his Protestant Subjects indifferently, in his Military, or Civil Services, according to their several Qualities and Abilities, &c.
Reasons given to the House, by Lord Nottingham, Secretary of State, for ordering Lord Danby (a Member) into Custody.
The 28th, the Committee appointed to wait on the Earl of Nottingham, Secretary of State, for Reasons, why he had issu'd out his Warrant for seizing the Earl of Danby, a Member of the House, made their Report; which was a Writing under the said Secretary's own Hand, containing the Questions put to him by the Committee, and his Answers. By which appear'd that Lord Danby, having fitted out a Yatcht for his own Pleasure, the Secretary had fancy'd, he was guilty of treasonable Practices against the State; but on Examination, finding no farther Cause of Suspicion, had discharg'd him without Bail.
The King's Speech to both Houses.
The Time of the Year being so far advanced, and there being several Acts yet to be passed for the Safety and Settlement of the Nation, I desire you would expedite them as soon as you can, it being necessary there should shortly be a Recess, both that I may be at liberty to pursue the Business of Ireland with all possible Vigour, and that the Members of both Houses may repair to their several Counties, to secure the Peace, and to put the Militia into some better Posture.
'I am very sensible of the Zeal and good Affection which you, Gentlemen of the House of Commons, have shewed to the Public, in giving those Supplies you have done already: And I do not doubt but from the same Inducements you will be ready to give more as Occasions require, which I must let you know will be sooner than perhaps you may expect, because the necessary Expence of this Year will much exceed the Sums you have provided for it. And that you may make the truer Judgment in that Matter, I am very willing you should see how all the Moneys have been hitherto laid out; and to that end I have commanded those Accounts to be speedily brought to you, by which you will see how very little of the Revenue has been applied to any other Use than that of the Navy and Land-Forces.
'I will add no more, but recommend earnestly to you, to avoid all Occasions of Dispute or Delay, at a time that requires Union and Vigour in your Councils, upon which the Preservation of all that is dear to us doth so much depend: And I do promise that nothing shall ever be wanting on my Part, which may contribute towards it.'
Estates of the Rebels in Ireland, voted to the Relief of the Protestants. ; And the Proceedings of the pretended Parliament there declared void.
The 29th, Resolv'd, that the Committee, to whom the Bill for attainting certain Persons is referr'd, do prepare a Clause, that the Estates of those Persons now in Rebellion in Ireland, be apply'd to the Relief of the Irish Protestants; and likewise, to declare all the Proceedings of the pretended Parliament and Courts of Justice there, to be null and void.
Address for an Article, in all Treaties, to prohibit all Trade with France.
July 1, Resolv'd, That an humble Address be made to his Majesty, that, in all his Treaties with his Allies, for carrying on the War with France, there be an Article inserted, to prohibit all Trade with that Kingdom. To which his Majesty was afterwards pleas'd to answer, 'That he had taken care of that Particular, in his Treaty with the Dutch, already.'
Persons excepted, on the second Head of the Bill of Indemnity.
The same day, the House proceeded on the Exceptions in the Bill of Indemnity, and the second Head being read, Resolv'd, nem. con. That Lord Jeffreys, the Earl of Sunderland, the Bishop of Durham, Sir Edward Herbert, the Earl of Huntington, Sir Roger Wright, Sir Thomas Jenner, and the Bishop of Chester, be excepted out of the said Bill, on this Head.
The 2d, Mr. Hampden acquainted the House, That, in Answer to their Address, relating to what Numbers of Ships, and of what Force, the States-General have set forth, or were obliged to set forth, for this Summer's Expedition, with his Majesty's Fleet, his Majesty said, all were come in, but two: And ordered Lord Nottingham to give an Extract of the Treaty with the States, which was as follows:
Extract from the Treaty with the States.
'The States-General shall put to Sea 30 Ships of War, viz. Eight from 70 to 80 Guns, seven from 60 to 70, and fifteen from 50 to 60 Guns, beside 9 Frigats and 4 FireShips: On board of which shall be embark'd 10,572 effective Men.
An Address voted, for Leave to inspect the Council-Books, &c. ; An Enquiry ordered, concerning the English, and Dutch Fleets.
Resolv'd, That a second Address be presented to his Majesty, for leave to inspect the Books of the Privy-Council, and those of the Irish Committee, and for taking Copies of such Papers as relate to the Irish Affairs. And a Committee was appointed to draw up the said Address, accordingly. Who were likewise instructed to enquire, why the Dutch Fleet was out no sooner to join the English Fleet. Also, why the English Fleet was laid up, and why there was a Delay in setting forth another.
Resolv'd, That an Address be presented to his Majesty, That he will please to appoint a Fund of Credit, for such as will furnish Money for Relief of the Irish Protestants fled into this Kingdom; which the House engag'd to repay.
The Address for Leave, &c. read.
The 5th, the Address was read and agreed to, for leave to inspect the Council-Books, and to take Copies, especially from Dec. 27, 1688, to June 1, 1689. in which, the deplorable State of Ireland was charg'd on the Neglect, or ill Conduct of some Persons employ'd in the Affairs of that Kingdom. And the Reason of this Inspection is said to be. That we may be enabled to give your Majesty such Advice, as may prevent the like Miscarriages for the future.
A Bill ordered, for preventing Children from being educated in Popish Seminaries abroad.
The same day, a Report was made of several Children, educated in Popish Seminaries abroad, by Direction of their Parents and Guardians. And Leave was given to bring in a Bill to prevent the like Abuses, and oblige such Children as were then abroad, to return.
Report on the Case of Topham, Serjeant at Arms.
The 6th, Colonel Birch made his Report, from the Committee, appointed to examine the Petition of John Topham Esq; Serjeant at Arms; the Substance of which, was as follows: That the said Topham being serv'd with several Actions of Assault and Battery, by certain Persons he had taken into Custody by Order of the House, had pleaded Obedience to the House, in Justification: And that his Pleas were, notwithstanding, over-rul'd: Jeffreys, Holloway, Walcot, Pemberton, Jones, and Raymond, during the time of those several Actions, being Judges of the King's-Bench.
Resolv'd, That the said different Judgments, given in the King's-Bench against the said Topham, are illegal, and a Violation of the Privileges of Parliament, and pernicious to the Rights of Parliament, and that a Bill be brought in, to reverse the said Judgments.
A Motion with regard to the Militia, rejected.
Another agreed to.
An additional Duty laid on Coffee, Tea, and Chocolate.
The 10th, The Bill for an Additional Duty on Coffee, Tea, and Chocolate, under the Title of An Act for collecting the Duties upon Coffee, Tea, and Chocolate, at the Custom-House, was pass'd, and Order'd up to the House of Lords.
Sir Francis Pemberton examined.
The same day, Sir Francis Pemberton, being desired by the House, to give his Reasons for over-ruling a Plea of the Order of that House, in the Case of Jay and Topham, he reply'd, that he knew little of the Case, it was so long since. But, that in Case the Defendant should plead he did arrest the Plaintiff by order of this House, and should plead that to the Jurisdiction of King's-Bench, he thought, with Submission, he could satisfy the House, that such a Plea ought to be over-rul'd: And that he took the Law to be so very clearly.
And Sir Thomas Jones.
Sir Thomas Jones being, then, examin'd to the same Point, was pleas'd to reply, That tho' it was long since the Case was argued; and that he, not knowing what he was to attend upon, could give no account thereof: But, that, if any such Judgment was given, he hoped it was according to Law, as the Matter was pleaded.
Sir Francis Pemberton if examined.
Sir Francis Pemberton was then again call'd in, and his Reasons being demanded, for his general Assertion, beforesaid: He desired Time to answer, both to the whole together, and the particular Case of Jay and Topham.
The 11th, Mr. Carter reported, from the Committee appointed to draw up Reasons to be offer'd at a Conference with the Lords, on the Bill for diclaring the Rights and Liberties of the Subject, and settling the Succession of the Crown; That the said Committee had agreed, as follows:
Reasons to be offered at a Conference on the Bill of Rights.
Two Clauses offer'd to the Militia Bill.
The same Day, a Clause was offer'd, and agreed to be made a Part of the Militia-Bill, for such as had received Trophy-Money, to give an Account thereof. And for the Receivrs, or Treasurers to give Security, to give Account for the future.
Another Clause was likewise offered, for the Governor of the Tower to turn the Militia of the Tower-Hamlets, into Fuzileers; and for him to appoint a Treasurer, and other Things relating to that Militia, as are done by the Lieutenancy of London: but pass'd in the Negative.
The 12th, the Record of a Judgment of the Court of King's-Bench, upon an Information against William Williams Esq; in the Name of Sir Robert Sawyer, AttorneyGeneral, being read, Resolv'd, That the said Judgment, &c. for Matters done by order of the House of Commons, and against William Williams Esq; as Speaker thereof, is illegal, and against the Freedom of Parliaments: And that a Bill be brought in, to reverse the said Judgment.
Judgment of the King's-Bench, against a late Speaker, revers'd.
King's Message to the House by Sir Robert Howard.
'That his Majesty is very sensible of the great Burden of Business that has lain upon them; and, which he hopes is now near finish'd, that the Country may receive the Ad vantage of a Recess by the several Members assisting in the Settlement of public Affairs; and also, that they may have the Benefit by it, to take care of their own particular Concerns. And that tho' his Majesty believes, that this House is assur'd, that by what Preparations are made and must be continued and encreased, there will be need of great Sums of Money; yet his Majesty is so sensible of the Disposition of this House, that he is willing no farther Proceedings upon raising of Money should be, till the Meeting towards Winter; other than what the House have, now, themselves design'd: And had commanded him to acquaint the House, that, what they have given him, shall be so apply'd, as that when they meet again, he is confident they will receive Satisfaction, (which he always desires) in examining of. Lastly, his Majesty commanded him to remind them of the Act of Indemnity, which was all he had in Command.'
Lands of the late Queen, vested in their Majesties.
Resolv'd, That a Clause be added to the Bill for settling the Revenue, That the Lands and Revenues, granted to, or in Trust for the Queen-Consort of the late King James, be vested in their Majesties; and that all Acts relating to the same, be repeal'd.
A Motion, that Mr. Jephson might account for certain Passes granted to Rebels.
The same Day Sir John Guise acquainted the House from the Committee, on the State of Ireland, That it has appear'd to them that several Persons, who are in Arms in that Kingdom, had been in Custody here in England, and were releas'd; and had Passes given them, and that Mr. Jephson, a Member of this House, was then Secretary; and that the Committee had directed him to move that Mr. Jephson might give an account thereof to the House.
His Majesty's Answers to two Addresses.
Sir John Guise then farther acquainted the House, that having waited on his Majesty with the Address, for Leave to inspect the Council-Books, &c. his Majesty was pleas'd to answer He would consider of it. That he had likewise presented to his Majesty the other Address, that his Majesty would be pleased to appoint a Fund, for Credit for such as should furnish Money for Relief of the Irish Protestants fled into this Kingdom, and that his Majesty was pleas'd to say at first, That he lik'd it well. That his Majesty then ask'd the Sense of the House touching that Matter; and being told the Irish were in Necessity, and that the House would take care to satisfy what was disburs'd, added, That he would do what he could in it.
Vote occasion'd by the First.
A Debate ensued on his Majesty's Answer to the first Address, and then the House resolved, nem. con. That those Persons who have been the Occasion of delaying sending Relief to Ireland, and those Persons, that advise the King to defer the giving leave for some Persons to inspect the Council-Books, &c. are Enemies to the King and Kingdom.
Mr. Jephson's Vindication.
The 15th, the Bill for an additional Excise was read the Third Time and pass'd, and Mr. Jephson appear'd in his Place according to Order, and acquainted the House, that he had perus'd the Books by him kept while Secretary to his Majesty, and that he did not find any of the Persons in Dispute mention'd there, with which the House was satisfy'd that there were no Passes granted to any of the said Persons.
Proceedings on the Bill of Indemnity.
The same Day the House proceeded in the Bill of Indemnity, and Resolved, That no more Persons should be excepted on the third Head. After which, the fourth being read; Sir Dudley North was ordered to attend, to give an Account, by what Orders, &c. he and the other Commissioners of the Customs, collected the same from the Death of King Charles II. till the Meeting of the Parliament in James II.
The 15th, the House received a Petition from several Officers, Inn-keepers, and Clothiers, that serv'd in, quarter'd and cloathed the Army in 1677, praying Relief, &c. and it was resolv'd, to take their Case into Consideration, after the Recess.
The Militia-Bill pass'd.
Report of a Conference with the Lords on the Bill of Rights and Succession.
The same day, likewise, Mr. Carter reported from a Conference with the Lords on the Bill of Rights, and Succession; That Lord Rochester manag'd for the Lords, and gave these Reasons for disagreeieg with the House thereon.
1. Tho' in the Instrument offer'd to their Majesties, the Limitation went no farther than their Persons, yet in a Law which has Respect to all succeeding Ages, and that settles for ever the Liberties of the Subject, they think it reasonable to carry the Limitation of the Succession of the Crown farther than was necessary in that Instrument, in which the Crown was offer'd to their Majesties, and that had no View but of the Succession to their Posterity.
For 1. This secures the Nation effectually from the Danger of having a Papist to reign at any Time hereafter: since of such a number of Papists as stand next the Crown in the Lineal Succession, some might be prevail'd upon to shew a change in their Religion, if they had a Prospect of succeeding to the Crown, upon it; and no Danger being so great as the having one who is a pretended Protestant, but is, in truth, a conceal'd Papist to reign over us, the most effectual way to secure our Religion, is to declare the Succession in a Family, that we know is certainly Protestant.
For, since this Limitation has been propos'd, if it should be now laid aside, it would look like an excluding of this House, which might provoke them to take Resolutions which might be of great prejudice to the Nation in the present Conjuncture.
Duke Schomberg desires to take leave of the House.
Sir Henry Capel then acquainted the House, that the Duke de sichomberg desir'd to have the honour to wait upon the House; that he being just going in the Service of the Crown, on the Expedition to Ireland, he would very willingly acknowledge the Care this House hath had of him, and the Fruit he had received of it, and take his leave of them; that his Merit was great, and that the King had rewarded it like a King: Having made him a Duke and Peer of England, and settled 5000 l a Year, on him and his Heirs, in lieu of the like Revenues he had lost in France and Germany: Two Peers and Two of the House of Commons being nam'd Trustees, for the making Purchases in order thereto.
The Duke being then introduced, sat down, cover'd, in a Chair plac'd for him towards the middle of the House, where having continued some time (the Serjeant with the Mace standing at his Right Hand) he rose, and, uncover'd, spake to the following effect:
'Mr. Speaker, I have desir'd this Honour, to make my just Acknowledgments for the great Favours I have received from this House, and doubt not but to find the Effects of it in his Majesty's Grace and Favour, and also take my leave of this honourable House; being now going to Ireland, where I shall freely expose my Life in the King's Service and yours.'
The Speaker's Reply.
'My Lord, The Services that have been done by your Grace to their Majesties and this Kingdom are so great, that they can never be forgotten: I am therefore commanded by this House to acquaint you that they are extremely satisfy'd that his Majesty's Army is committed to your Grace's Conduct; and they doubt not but the War will be prosecuted in such a manner as will fully answer all their Expectations. This House doth likewise assure your Grace, that, at what distance soever you are, they will have a particular regard, as much as in them lies, of whatever may concern your Grace, or the Army under your Command.'
The King agrees that the Council-Books shall be inspected.
His Grace then withdrew, and Mr. Comptroller acquainted the House, that his Majesty consented that the CouncilBooks might be inspected, both as to the collecting the Customs and Excise, after the Death of Charles the Second, and in relation to the Irish Affairs.
Petition of Dockra, Inventor of the Penny-Post.
The 16th, William Dockra presented a Petition to the House, setting forth, That having with great pains and expence, projected and perfected a new Invention, vulgarly call'd The Penny-Post, as soon as it turn'd to an Account; the late Duke of York caus'd him to be serv'd with twenty several Actions at once for pretended Penalties in the PostOffice Act, 12 Charles II. and two more, laid at 10,000 l. and Matters were so managed that he was turn'd out of all, tho' his Project was distinct from, and no ways interfer'd with the Post-Office, and prayed Relief, &c.
Another of the surviving Servants of Charles II.
The 19th, the surviving Servants of King Charles II. presented a Petition, praying their Arrears might be made good, out of an Imposition on Tobacco and Sugars, granted in the Reign of the late King. James, wherein special Provision was made for paying the said Arrears, tho' never but in part comply'd with, &c. The said Petition was referr'd like the former.
Sir F. Pemberton and Sir T. Jones order'd into Custody.
The same day Sir Francis Pemberton and Sir Thomas Jones were severally examin'd, touching their Reasons for over-ruling the Plea of Serjeant Topham, to the Action brought against him by one Jay, and order'd into Custody of the Serjeant at Arms.
Several Petitions with Claims on the Revenue presented.
The 30th, the Petitions of the Countess of Bristol, Elizabeth Hamilton Widow, John Shaw, and others; Lady Howard Relict to Lord Howard of Escrich, Mary Kirk Widow, Sir Stephen Fox, Sir Rob. Dashwood, Sir Samuel Moreland, Frances Dutchess of Richmond and Lenox, and Barbara Duchess of Cleveland, Philip Darcy Esq; and Lady Jane Lane's Petitions were severally presented to the House, with Claims on the Revenue, and referr'd to the Committee of the whole House; as were likewise, afterwards, several other Petitions of the like nature.
The same day, Sir William Pulteney reported from the free Conference with the Lords on the Bill of Rights and Succession, that the Matter had been debated by both Parties, and that there were hopes the Lords would agree with this House, touching the said Bill.
The 22d, Sir Thomas Littleton reported the Reasons to be offer'd at a Conference with the Lords, on the Bill for reversing the two Judgments of the King's Bench against Oates. But the whole Case being hereafter recapitulated, we shall, for the sake of Brevity, insert the said Recapitulation only.
The 24th, the House by Message put the Lords in mind of four Bills before them, viz. The Bill of Rights and Succession; That for attainting certain Persons in Rebellion; That for reversing the two Judgments against Oates, and the Militia-Bill; and desir'd their Lordships to dispatch them.
The Repeal of the late King's Revenue voted.
The same day, the Lords sent back the Bill for an additional Duty on Coffee, Tea and Chocolate, with certain Amendments, which on the Question pass'd in the Negative; and Reasons were order'd to be prepar'd for a Conference thereon.
Report from the Council-Books, relating to the collecting the Customs and Excise.
That, with regard to the Customs, the Commissioners who appear'd at the Custom-House, from that Time, were Lord Cheney, Sir Richard Temple, Sir Nicholas Butler, Sir John Buckworth, William Dickenson, Sir John Worden, Sir Dudley North, and Tho. Chudleigh.
That, among other Instances, Mr. Francis Miller inform'd the Committee, That being at the Custom-House, about a fortnight after the Death of King Charles II and discoursing with the Commissioners, he told them, He was not free to pay the Customs, and had his Fears of what might come thereafter. To which Sir Nicholas Butler reply'd, That it was Fears which brought on the last Rebellion. This was confirm'd by one Mr. Cutler.
Mr. Cockram said, That He and others being at the Custom-House with the Commissioners, the said Commissioners asked, What Lawyers the Merchants had advis'd with? And it being reply'd, They had as yet advis'd with none; Sir Nicholas Butler rejoin'd, We know what you are: If you are ready to dispute it, we are ready to dispute it. To which Sir John Buckworth added, Do not dispute it! It must be paid.
That, as to the Excise they find a printed Proclamation dated Feb. 16. signifying that the Commissioners of the Treasury, viz. Lord Godolphin, Sir J. Ernley, Sir S. Fox, Sir Dudley North, and Frederick Hume, had farm'd the Excise to Sir Peter Apsley, Sir Daniel Bathurst, and James Grahme, for three Years, for the Rent of 550,000l. That, according to the Opinion of the Judges, the said Contract was valid in Law, notwithstanding the Death of the late King; and requiring all Commissioners, Sub-commissioners, and all other Officers, to aid and assist in collecting the said Duties during the said Term.
That they find by a Commission, dated March 1, Jac. II. Sir Darcy Ashburnham, Francis Parry, Charles Davenant, John Friend, Felix Calverr, Nathaniel Hornby, and Rich. Grahme, to be Commissioners and Governours for Receipt of the Excise, &c. and that all the said Commissioners had acted as such, &c.
The same day Sir John Trevor reported from the Committee, the Reasons to be offer'd at a Conference with the Lords, for not agreeing with their Lordships in their Amendments to the Bill for laying an additional Duty on Coffee, Tea and Chocolate; which were in Substance as follow.
Reason for not agreeing with the Lords Amendments to the Bill for an additional Duty on Coffee, &c.
1. The Commons have always taken it for their undoubted Privilege (of which they have ever been tender and jealous) that in all Aids given to the King by the Commons, the Rate or Tax ought not to be any way alter'd by the Lords.
2. The Amendments being in point of Time, the Commons hope your Lordships will not now renew a Question concerning the Method of granting Aids, which formerly occasion'd great Debates; and which may now beget many Conferences, and end in great Inconveniences.
3. The said Amendments make the Bill incoherent, for both Houses having agreed, that the Forfeitures should commence from July 20, it will look strange that the Forfeitures should begin before the Duty is made payable.
The Royal Assent given to several Acts.
The same day the King gave the Royal Assent to several Bills, viz. An Act for an additional Excise on Beer, Ale, &c. An Act to regulate the Administrations of Oaths to be taken by Commission and Warrant Officers. An Act for taking away the Court held before the President of the Marches of Wales. An Act for vesting in the two Universities the Presentation of Benefices belonging to Papists. An Act for erecting a Court of Conscience at Newcastle-upon-Tyne. An Act for erecting a Court of Conscience in the City of Bristol. An Act for the better regulating the Salt-Works at Droitwich. And to one private Act.
Duties to be collected by the old. Book of Rates till a new one is prepar'd.
The same day, likewise, it was resolved, That a Clause be prepar'd and brought in, that the Duties settled by the Book of Rates now in being, shall continue and be collected until new Books of Rates shall be settled by the Commons in Parliament, and signed by their Speaker, and no longer; and to enact, that the said new Books of Rates shall be settled within the space of three Years.
Lords Reasons for insisting on their Proviso to the Bill for an additional Duty on Coffee, &c.
The Lords are much surpriz'd at the Assertion of the Commons, That, in all Aids, given to the King by the Commons, the Rates or Tax ought not to be any ways alter'd by the Lords, since they conceive it hath always been their undoubted Right in such Case, to lessen the said Rate or Tax, whereof several Precedents might be given, which at present they are willing to forbear, that they might not revive old Disputes.
But as to their present Proviso, their Lordships are of Opinion this general Point is not to the Case now in difference; it being neither an Alteration nor lessening of the Duty laid upon those Commodities; for a Drawback on the Re-exportation, cannot be said to lessen the Rates impos'd upon them; it does indeed take away so much from the King's Income, but adds much more to the Benefit of Trade, which the Lords conceive they are equal and competent Judges of, and therefore may very well insist on their Proviso.
Report of a free Conference with the Lords on the Bill of Rights and Succession.
That the Bishop of Salisbury was Chief Manager for the Lords, who said the Lords had consider'd of what was offer'd at the last free Conference; and as to the two Clauses, and all Matters depending thereon, touching the Declaration to be made by the King and Queen, and the Persons to take the same, the Lords insist upon their Amendment; and that they adhere to their Amendment touching the Limitation to the Princess Sophia of Hanover.
That the Managers there propos'd to the Lords, whether the Lords would admit of any farther Debate touching the said Matters; to which the Lords reply, No; they had no such thing in Charge from the Lords. After which, the House adjourn'd upon the Question to August 2.
August 2. The Sollicitor-General, according to Order, presented to the House, a digested Report of what pass'd at the last free Conference with the Lords, on the reversing the Two Judgments against Oates; in the conclusion of which, the whole Case was thus stated.
Oates's Case stated.
The Nature of the Judgment being such, as that every Subject was concerned in the highest Degree, that so dangerous a Precedent should not stand, the Commons find themselves under a Necessity of sending a Bill to the Lords to set the Matter right by reversing the Judgment.
As these are the Terms now stood upon, so, in any other like Case, they might impose what other Conditions they had a mind to: The Consequence of which must be, that the Lords, as Judges, make what they think fit to be Law, and the Matter shall never be set right in the Legislative way, but upon such Conditions as the Lords shall please to impose.
Ordered, That the Committee who manag'd the above Conference, do inspect the Journals of both Houses, and examine whether there be any Precedent of free Conferences, wherein there hath not been a Liberty of Debate, of the Matters for which such free Conferences have been desir'd.
The 9th, the Resolution of the Committee of the whole House, That it was their Opinion that an additional Proviso should be added to the Bill for settling the Revenue, for granting 40000l. per Annum to the Princess Anne of Denmark for her Life only, was reported; and, on the Question, it was resolved, that the Debate should be adjourn'd, till the Revenue came again under Consideration
600000 l. voted to the Dutch. ; And 60000 l. to the Servants of Charles II.
Mr. Hampden (Chairman of the Committee) also, at the same time, acquainted the House that he was directed by the Committee to move that a Bill may be brought in for settling a particular Fund, for satisfying the 600000l. to the Dutch for defraying the Charges of the Expedition to England; and also for 60000 l. for the Servants of Charles II. to both which Particulars the House agreed.
Vote against Col. Lundy.
The 13th, the Reasons to be offer'd to the Lords at a Conference with the Lords for settling the Method of Proceedings between the two Houses, upon Conferences, and free Conferences; was reported by the Solicitor-General, and were, in Substance, as follow.
Reasons to be offer'd at a Conference with the Lords for settling the Order of Conferences, &c.
'The Commons have desired this Conference, on Occasion of your Lordships Message to them, signifying that your Lordships adhered to your Amendments in the Case of Oates; and have commanded us to open it with a Brief of the Dispute between the two Houses.
'Writs of Error were brought to reverse two Judgments against Oates, for Perjury, by which he was sentenc'd to be degraded, to be set in the Pillory annually several Times; to be imprison'd for Life; to be whipt from Aldgate to Newgate one Day, and from Newgate to Tyburn the next.
'These Precedents being of such dangerous Consequence to every English Subject, the Commons thought themselves under a necessity of sending up a Bill to your Lordships to have them revers'd; in which Bill, they are call'd erroneous, illegal, cruel, and of evil Example to future Ages.
'The Words relating to the annulling the said Judgments of the Peers on the Writ of Error, are likewise left ont; and a Clause is added, that, till the Matters for which Oates was convicted be heard, and determin'd in Parliament, he should not be received as a Witness in any Court or Cause.
'The Commons, at a Conference, deliver'd their Reasons why they could not agree to these Amendments; your Lordships did the same for insisting on them; but they not proving satisfactory to the Commons, a free Conference was desir'd and obtain'd, in which your Lordships own'd that the whole House of Peers was satisfy'd that the Judgments given by the King's-Bench were erroneous, extravagant, and the Punishment so exorbitant, as ought not to be inflicted on any English Subject, and also that you would not debate whether an erroneous Judgment was not illegal: But yet your Lordships did declare, that, upon the Writs of Error, you had chosen to affirm the Judgment, rather than Oates should be restored to his Testimony; which must have been the Consequence of the Reversal.
'Secondly, your Lordships proceeding to adhere upon the first free Conference, they look upon to be irregular; at least, contrary to the ordinary Course of Proceedings between the two Houses. Especially, if such Adhering should be look'd upon as conclusive, since 'tis usual to have two free Conferences or more, before either House proceeds to adhere.
'And, as to the Course of Parliament, so it is suitable to the Nature of Things, that there should be no Adhering before two free Conferences, at least: Because, before that Time, each House is not fully possess'd of the Reasons upon which the other does proceed, nor have full Opportunities of making Replies: Wherefore, to adhere sooner, is to exclude all Possibility of offering Expedients.
'Beside this Method of adhering so suddenly and unexpectedly, draws very great Inconveniencies after it: As hath appeared this Session; The Additional Poll-Bill, having been lost, to the great Prejudice of the Crown, by your Lordships, adhering upon the first free Conference. The Bill of Rights, likewise, in which your Lordships, as well as the Commons are highly concern'd, by that same quick Way of adhering is in danger to be lost: And no Inconveniences can be greater than what must follow the Loss of this Bill, if your Lordships should take upon yourselves to be conclusive, by adhering upon the first free Conference.
'For the Commons think it undeniable, That in Proceedings in your judicial Capacity, upon Writ of Error, your Lordships are as much bound to give Judgment upon the Record, according to the strict Rules of Law, as any inferior Court whatever, and ought not to enter into the Consideration of Persons, or collateral Respects.
'That, for your Lordships to assume a discretional Power, to affirm a Judgment, tho' at the same Time, you agree it is erroneous, is to assume a Power to make Law, instead of judging according to the Rules of Law.
'That, when the Commons send up a Bill to your Lordships, in order to prevent the Mischiefs of such destructive Precedents, for your Lordships to refuse to reverse those Judgments, tho confess'd to be erroneous, (unless upon such Terms as you are pleas'd to impose, and to which the Commons cannot, in reason, agree) is to leave the Kingdom without Redress against acknowledged Wrongs.
'It is recorded, to the Honour of your noble Ancestors, That they declared they would not change the Laws; and the Commons hope, you will pursue their Steps, and not, by affirming erroneous Judgments, go about to make that Law, which was not so before; and, by insisting upon collateral Terms, before you will reverse those Judgments in the legislative Way, take to yourselves in effect the whole Power of the Legislature; which is not only to change the Law, but to subvert the Constitution of the Government; if your Lordships should persist in such a Way of Proceeding, and the Commons should acquiesce in it.
'The Commons, therefore, hope your Lordships will not persist in this unusual Way of Adhering, which manifestly tends to the Interruption of a good Correspondence between the two Houses, at this time of such absolute Necessity for the Establishing the Government, and for the Peace and Safety of the Kingdom.'
Petition against Colonel Copley.
The same day, George Mawson, Deputy Post-Master of Kingston upon Hull, exhibited a Petition to the House, complaining that Colonel Copley, Lieutenant-Governor of Hull, had divers times taken into his possession the Post-Mail coming to the said Town, and dispos'd of the Letters at his Pleasure, to the great Prejudice of the Traders, &c. of the said Town, and the Gentry in the Neighburhood. That he having made Complaint of this to John Wildman Esq; Post-Master General, the said Post-Master ordered him to cause the Mails to be brought directly to his own House; and, likewise, wrote to the said Colonel Copley to enjoin him, not to open the Mail for the future: Notwithstanding which, the said Colonel Copley behaved as before, and sent for the Petitioner to come to him, who declining it, on account of Indisposition; the said Copley order'd a Serjeant, and four Musqueteers to bring him, tied Neck and Heels, which they did with such a strange Violence, that the Blood gush'd out of his Nose and Mouth, and kept him in that intolerable Posture for two Hours. In consequence of which, the said Petitioner is disabled in his Limbs, and impair'd in his Sight, &c. and for as much as the said Petitioner cannot have his Remedy against the said Copley, by a due Course of Law, praying the House to take his Case into Consideration, &c.
'That the Imprisoning, or inflicting any Punishments, by any Officer or Soldier, upon any of the Subjects of this Kingdom, not being in actual military Service, and in Pay, is a Violation of the Rights of the People.
The 16th, Another Petition was presented against the said Copley, for exacting a Farthing a Tun, from every Ship entering the Port of Hull: Upon which he was again summon'd to attend the House; and alledging the said Farthing a Tun was his Perquisite, as Lieutenant-Governor, for the Maintenance of a certain Chain;
Royal Assent given to several Bills.
The same day, the King came to the House of Peers, and pass'd the following Bills, viz. An Act for appropriating certain Duties for Paying the States-General: An Act for the better preventing the Exportation of Wool, and encouraging the Woollen Manufactures: An Act for the appointing additional Commissioners for the Land-Tax: An Act for the Relief of the Protestant Irish Clergy: An Act to repeal a Statute of Henry IV. against multiplying Gold and Silver: An Act for explaining Part of an Act, relating to tanned Leather: And two private Acts.
After which, the Lord Privy-Seal signify'd, That it was his Majesty's Pleasure, that both Houses should severally adjourn themselves till September the 20th; but that his Majesty did not intend there should then be a Session, unless some Emergency of Affairs happen'd: and, that, whenever a Session was to be, his Majesty would give them Notice by Proclamation.
October the 10th, The Parliament met, when his Majesty was pleas'd to make the following most gracious (fn. 2) Speech to both Houses.
The King's Speech to both, Houses.
'Tho' the last Sitting continued so long, that perhaps it might have been more agreeable to you, in rela tion to your private Concerns, not to have met again so soon; yet the Interest of the Public lays an indispensable Obligation upon me to call you together at this time.
'I esteem it one of the greatest Misfortunes can befal me, that, in the Beginning of my Reign, I am forc'd to ask such large Supplies; tho' I have this Satisfaction, that they are desir'd for no other Purposes, but the carrying on those Wars, into which I enter'd with your Advice, and Assurance of your Assistance. Nor can I doubt of the Blessing of God upon an Undertaking, wherein I did not engage out of a vain Ambition, but from the Necessity of opposing those, who have so visibly discover'd their Designs of destroying our Religion and Liberties.
'It is well known how far I have expos'd myself to rescue this Nation from the Dangers that threaten'd, not only your Liberty, but the Protestant Religion in general, of which the Church of England is one of the greatest Supports, and for the Defence whereof, I am ready again to venture my Life.
'That which I have to ask of you at present, is, that what you think fit to give towards the Charges of the War for the next Year, may be done without Delay: And there is one Reason, which more particularly obliges me to press you to a speedy Determination in this Matter, because this next Month there is appointed, at the Hague, a General Meeting, of all the Princes and States concern'd in this War against France, in order to concert Measures for the next Campaign. And till I know your Intentions, I shall not only be uncertain myself, what Resolutions to take, but our Allies will be under the same Doubts, unless they see me supported by your Assistance. Besides, if I know not in time what you will do, I cannot make such Provisions as will be requisite, but shall be expos'd to the same Inconveniences, which were the Cause that the Preparations for this were neither so effectual nor expeditious as was necessary: The Charge will also be considerably lessen'd, by giving time to provide Things in their proper Season, and without Confusion.
'I have no other Aim in this, but to be in a Condition to attack our Enemies in so vigorous a Manner, as by the Help of God, in a little time may bring us to a lasting and honourable Peace, by which my Subjects may be freed from the extraordinary Expences of a lingering War; and that I can have no greater Satisfaction, than in contributing to their Ease, I hope I have already given Proof.
'I have one thing more to recommend to you, which is, the Dispatch of a Bill of Indemnity; that the Minds of my good Subjects being quieted, we may all unanimously concur to promote the Welfare and Honour of the Kingdom.'
The City invites the House to Dinner.
The same day, the Sheriffs of London waited on the House, and being admitted, signify'd, That the Lord-Mayor, and Citizens of London, humbly pray'd, That the House would do them the Honour to dine with them, on the LordMayor's Day. Which Invitation the House accepted of, and return'd their Thanks for the same.
Colonel Lundy's Petition.
The 21st, Colonel Lundy presented a Petition to the House, praying, That, if he may not have the Benefit of the intended Bill of Indemnity, he may receive his Trial in England; and above all, desires it may be in Parliament.