The Convention Parliament (William): Second session - begins 23/10/1689

Pages 355-373

The History and Proceedings of the House of Commons: Volume 2, 1680-1695. Originally published by Chandler, London, 1742.

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In this section

Second Session; of the Convention Parliament.

The 23d, both Houses assembled again, When his Majesty was pleas'd to declare from the Throne, 'That, having spoke so lately to them, he need not say any Thing now; Matters not having been altered from what was then: And therefore referr'd to what he had said last to both Houses, and desir'd that speedy Resolutions might be taken.'

Votes to stand by his Majesty: And for a State of the War.

The 24th, The House Resolved, nem. con. That they would stand by, and assist his Majesty in reducing Ireland, and joining with his Allies abroad, in a vigorous Prosecution of a War against France.

And, That his Majesty be humbly address'd, That he would be pleas'd to direct, that a State of the War for the ensuing Year may be laid before the House.

Proceedings against Burton, Grahme, and Sir Thomas Jenner.

The 25th, The Misdemeanors of Burton, and Grahme, were again reported to the House, from the Journals of the last Session (Vid. pag. 316.) At the same time, was reported, likewise, The Case of Sir Thomas Jenner, late one of the Barons of the Exchequer: Who was charg'd with declaring for the King's dispensing Power, for being a Commissioner for ecclesiastical Causes, for having acted as one of the Visitors of Magdalen College in Oxford, and committed most notorious Offences, in expelling the President and Fellows, &c. and afterwards joining in a Decree to make them for ever incapable of Preferment, either Spiritual or Temporal: All which, it was said, involv'd the said Sir Thomas Jenner in the Subversion of the Laws and Government of the Kingdom.

The House being then inform'd, that several State Prisoners were at that instant bailing in the King's Bench, by virtue of the Habeas Corpus Act, ordered, That Sir Thomas Jenner, Grahme, and Burton, be immediately brought to the House by the Governour of the Tower, to answer such Matters as shall be objected against them; and the said Jenner being bail'd before the Warrant of the House could be serv'd, the Serjeant at Arms was order'd to take him into Custody; as likewise Burton and Grahme, which last were brought to the Bar and examin'd; but not giving satisfaction, a Committee was appointed to prepare a Charge against them.

And Lord Castlemain, Sir Edward Hales, &c.

The 26th, Order'd, That the Governour of the Tower do immediately bring before the House the Earl of Castlemain, Sir Edward Hales, Charles Hales Esq; and Obadiah Walker, to answer such Matters as should be charg'd against them.

The Earls of Salisbury and Peterborough impeach'd, &c.

Resolved, That an Impeachment of High-Treason be sent to the Lords against the Earls of Salisbury and Peterborough, for departing from their Allegiance, and being reconciled to the Church of Rome.

And that Mr. Foley do impeach the said Earls at the Bar of the House of Lords, in the Name of the House of Commons, and of all the Commons of England, which was accordingly done; and the Lords committed the Earl of Peterborough to the Tower the same day, where the Earl of Salisbury was already confin'd.

Sir Edward Hales, Charles Hales, and Obadiah Walker, being then severally brought to the Bar, and put on their Defence, Walker and Sir Edward were order'd to the Tower, but Mr. Hales was discharg'd.

A Bill to regulate Imprisonments voted.

The 28th, the Earl of Castlemain being brought to the Bar, and there examin'd, it was order'd that the said Earl be charged in the Tower, by Warrant from the House, for High-Treason and other High Crimes and Misdemeanours. And the said Earl desiring he might have the Liberty of the Tower, and of being waited upon by his Servants, &c. and not to be confin'd close Prisoner, as Orders had been of late given, both with regard to him and others; a Debate arose, (the Earl being first withdrawn) the Result of which was the Appointment of a Committee to bring in a Bill for the better regulating the Imprisonment of the Subject, who were likewise empowered to examine into Abuses committed by Goalers, &c

Resolved further, That Mr. Attorney-General be order'd to prosecute Mr. Richardson the Keeper of Newgate, for his illegal Usage of several of the King's Subjects, during their Imprisonment.

Several Accounts presented.

November 1. Sir (fn. 1) Henry Capel presented to the House two Accounts of the Monies arising from the Revenue, and the Issues by way of Imprest. Lord (fn. 2) Ranelagh, likewise, presented to the House (as he declar'd) by his Majesty's Command, a State of the War for the ensuing Year, viz.

For the English Forces in England.
For the Dutch Forces in England.
For the English Forces in Holland.
And, for the Forces in Ireland.

Sir Thomas Lee presented the State of the Navy for the ensuing Year; and Sir Henry Goodrick, a State of the Ordnance

All which Accounts being read, resolv'd, That a Committee be appointed to inspect the Expences of the War the last Year, and to make their Report to the House.

An Enquiry voted into the Conduct of the War.

Resolved, nem. con. That a Committee be appointed to examine by what means the Intelligence came to be given to their Majesties Enemies, concerning the several Stations of the Winter-Guards of the Navy; as likewise into Miscarriages in the Victualling of the Navy; the Transportation of the Army, and whatever relates to the last Year's Conduct of the War.

A Supply of two Millions granted.

The 2d, a Sum not exceeding two Millions to be added to the publick Revenue was voted for the reducing Ireland, and joining with the Allies in a vigorous Prosecution of the War against France, both by Sea and Land.

Bill of Rights and Succession pass'd.

The 6th, the Bill declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown, was passed nem. con. and order'd up to the Lords for their Concurrence.

An Address for apprehending Col. Ludlow.

The same day, at the Motion of Sir Edward Seymour, it was resolv'd, That his Majesty should be address'd to issue out a Proclamation for apprehending Colonel Ludlow, who stands attainted of High-Treason by Act of Parliament for the Murder of King Charles the First; and that a Reward may be propos'd for such as shall apprehend him.

Bill order'd in for the Forfeiture of the Estates of Lord Jeffreys.

Resolved nem. con. That a Bill be brought in for the Forfeiture of the Estates and Honour of George Lord Jeffreys.

The 7th, the House came to the following Resolutions, viz.

That towards the raising the two Millions Supply, there be a Review of the Poll-Bill; and that a Bill be brought in for that purpose.

Resolutions relating to Ways and Means.

That there be a Tax of 20s. laid upon every Shopkeeper, Tradesman and Artificer, worth 300 l. clear personal Estate.

That a Tax of 100,000 l. be laid upon the Jews.

The 8th, the Committee having propos'd it as their Opinion, that all Officers Civil and Ecclesiastical should pay half a Year's Profits of their Salaries and Perquisites towards the said Supply, it pass'd in the Negative.

Resolv'd, That the pecuniary Penalties, incur'd by all Privy Counsellors, Lord Lieutenants, Deputy Lieutenants, and all other Officers Civil and Military, (except such as are now actually employ'd in the Fleet and Army) who have accepted any Place or Office contrary to the Act of the 25th of Charles II. entitled, An Act for preventing Dangers which may arise from Popish Recusants, be speedily levy'd and apply'd to the making good the Supply.

The King's Answer to the Address relating to Col. Ludlow.

The same day, Sir Edward Seymour inform'd the House, that, in answer to their Address for apprehending Colonel Ludlow, his Majesty had said, 'That the Address was so reasonable, and the Desire so just, that he would order a Proclamation to be issued out immediately for that purpose.'

The 9th, the House came to these farther Resolutions on the Supply, viz.

Farther Resolutions on the Supply.

That a Committee be appointed to receive and consider of Proposals for advancing Monies upon the Securities of Estates forfeited by the present Rebellion in Ireland; and a Committee was appointed accordingly.

That a Sum not exceeding 1,400,000 l. be charg'd upon Land, the same to be rais'd by a Pound-Rate of 2 s. for one Year, together with the proportionable Charge on all Persons and Estates, charg'd by the late Act for an Aid of 12 d. per Pound: as also a farther Charge of 2 s. per Pound upon all such Persons as shall refuse to take the Oaths appointed instead of the late Oaths of Allegiance.

And that the House will take care, that such Persons who shall hereafter advance any Sum, not exceeding 300,000 l. upon the 12d. Subsidy last granted, shall have their Debts transfer'd to the Subsidy now granted, in case the others should fall short.

An Address voted for an Inspection into the State of the Army in Ireland.

The 11th, Resolv'd, That an humble Address be presented, &c. that his Majesty will be pleas'd to appoint some fit Person to go over into Ireland, to take an Account of the Number of the Army there, and the State and Condition of it.

Grievances of the London Merchants.

The 13th, the Merchants of London presented a Petition setting forth, that they paid great Customs for the Guard of the Seas; and having many Vessels homeward bound when the War with France was declar'd, which had no knowledge thereof, the very Mouth of the Channel was then so infested with French Privateers, that they lost near 100 Sail of Ships to the Value of 600,000 l. That many of such as have escaped from the Enemy, have laid in the Western Ports near three Months. That others have been fain to hire Foreigners, or pay considerable Sums to the English to convoy them to the Downs, as they are ready to make appear, &c.

Some of the said Merchants being then called in, and being desir'd to name any one Commander who had taken Money; Captain George Churchill was named, who had exacted 40 l. of Emanuel Hudson and others, which they had Evidence to prove, whenever the House would please to give them a Hearing: Which was accordingly ordered for the Monday following.

The King's Answer to the Address for a Person to inspect the Army in Ireland.

The 14th, Sir John Guise acquainted the House, that having waited on his Majesty with their Address for sending a fit Person into Ireland, for inspecting the State of the Army: his Majesty was pleased to reply, 'That he would send some Persons forthwith into Ireland, according to the Desire of the House.'

The same day the House agreed with the Committee, that the Want of a Guard or Convoys for the Merchants last Year, hath been an obstruction of Trade, and an occasion of great Loss to the Nation.

The 18th, it was resolv'd, That all who have lent any Sums of Money on the 12 d. per Pound Land-Tax, since the 11th of November Instant, not exceeding 300,000 l. shall have liberty to transfer the same with the Interest thereof upon the Aid for granting an Aid of 2s. in the Pound.

The same day the Complaints of the London-Merchants against several Commanders of Ships for exacting Money for Convoys were heard at the Bar of the House; and Captain Churchill, a Member, being particularly charg'd, and having been heard in his Place:

Resolutions on the Case of the Merchants with respect to Convoys.

Resolv'd, That the requiring or receiving of Monies for Convoys, is illegal, oppressive to Merchants, and destructive to Trade.

Capt. Churchill committed, and released.

That Captain Churchill is guilty of requiring and receiving Monies for Convoys, and that he be committed to the Tower for the same; which was done the same day: But he was afterwards released on his petitioning the House, and acknowledging his Fault, &c. without any farther Punishment.

The 19th, the Affair of Sir Thomas Armstrong was again reported (Vid. p. 307.) upon which the House came to the following Resolutions, viz.

Resolutions on the Case of Sir T. Armstrong.

That Sir Thomas Armstrong's a Plea on the Statute 5 Edward VI. ought to have been admitted; and that the executing him upon the Attainder by Outlawry was illegal, and a Murder by pretence of Law.

That the Executors and Heirs of the said Sir Tho. Armstrong, ought to have Reparation of their Losses out of the Estates of the four Judges and two Prosecutors.

That a Writ of Error for Reversal of a Judgment in Felony or Treason, is the Right of the Subject, and ought to be granted at his Desire; and is not an Act of Grace or Favour, which may be denied or granted at pleasure.

The House was then inform'd by the Committee appointed to examine this iniquitous Affair, that Sir Tho. Armstrong's real Estate was 300 l. per Ann. and that his personal Estate consisted of Bonds, &c. for 4800 l. and 3270 Guineas, and an Annuity of 500 l. per Ann.

Order'd, That Leave be given to bring in a Bill to reverse the Attainder of the said Sir Tho. Armstrong and to make Reparation to his Widow and Children out of the Estates of the Judges and Prosecutors, and that the Bill do pass without Fees.

The same day Dr. Walker, famous for his Defence of London-derry (having before presented a Petition in favour of the Widows and Orphans of those slain there, &c.) was call'd in to receive the Thanks of the House for his gallant Behaviour. Which were thus deliver'd by the Speaker:

The Thanks of the House given to Dr. Walker.

'Doctor Walker, The House received a Petition from you yesterday, in behalf of several Widows and Orphans of those that were slain and died in the Siege of Londonderry; and also of the Clergy that were there and sustain'd great Hardships in the Siege; and this House has thought fit to recommend your Petition, with an Address to the King, that there might be 10,000 l. paid for the Ease of their present Sufferings.

'They, likewise, take notice of the extraordinary Service you have done to their Majesties, and to England and Ireland in Defence of Londonderry; and especially that you undertook it when those, to whose care it was committed, did shamefully if not persidiously desert that Place, and have thought fit to shew a Particular Regard of the Merit, and give you the Thanks of this House; and they would have you give the Thanks of this House to all those who were in that Service.'

To which the Doctor reply'd to the Effect following:

His Reply.

'Sir, as for the Service I have done, 'tis very little, and does not deserve the Favour you have done me. I shall give the Thanks of this House to those concern'd with me, as you desire; and dare assure you, that both I and they will continue faithful to the Service of King William and Queen Mary, to the end of our Lives.'

The House having been informed that some Doubts were made upon the Vote of Yesterday for transferring the Credit of 300,000 l. whether it extended to what might be lent, as well as what had been lent; Resolved, That it should extend to both.

Two Petitions against certain Captains of Men of War.

The 20th, two Petitions were presented, complaining, That the St. Albans and the Centurion, two of their Majesties Ships, commanded by the Captains Legton and Beaumont, had seiz'd on a Ship bound from Cork to Copenhagen, and confiscated the Effects on board, Value 3000 l. and that the Greyhound Man of War Capt. Guilman, had plunder'd a Pink homeward-bound from Bourdeaux, of 20 Casks of Brandy, one Cask of Vinegar, and other Provisions.

The said Petitions were referred to a Committee, appointed on the 18th to examine the Case of one Arthur Dayley, who had lodg'd a Complaint against the Captain of one of their Majesties Ships, for having press'd so many Hands out of the Vessel he commanded, while at Sea, that she was thereby lost.

A Bill order'd for reversing two Judgments on Scand. Mag.

The 22d, Order'd, That Leave be given to bring in a Bill to reverse two Judgments obtain'd by the Duke of Beaufort in two Actions of Scand. Mag. one in the Common-Pleas against Sir Trevor Williams Bart. for 10,000 l. and the other in the King's-Bench against John Arnold Esq; for 10,100 l. Damages.

And that a Clause be added in the said Bill for discharging an Action of Scand. Mag. now depending between the said Duke and John Dutton-Colt, Esq;

The same day a Petition from William Burton was read, praying a Mitigation of his Confinement; but nothing was done in it.

Commissioners of the Victualling sent for by the Serjeant at Arms.

The 24th, certain Complaints having been urg'd, of Abuses in victualling their Majesties Navy; Resolved, That Sir John Parsons, Sir Richard Haddock, Alderman Sturt, and Mr. Nichol. Fenn, Commissioners, be sent for in Custody of the Serjeant at Arms

Bill of Attainder order'd against the Irish Rebels.

The 26th, Col. Birch, from the Committee on forfeited Estates in Ireland, acquainted the House, that in case a Bill of Attainder is pass'd, as in 17 Car. II. one Captain Thornhill and others are willing to advance 30,000 l. towards reducing that Kingdom: And the House resolved that such a Bill be brought in accordingly.

An Address voted against Commissary Shales.

The same day in a Committee of the whole House on the state of the Nation; Resolved, That it is the Opinion of this Committee, that an humble Address be presented, &c. that John Shales, Commissary-General of the Provisions, be forthwith taken into Custody, and all his Accounts, Papers, and Stores, be secur'd; that a fit Person, or Persons, be put in his place, and that his Majesty will be pleased to empower Duke Schomberg to do the same. To which the House agreed; and the said Address was order'd to be presented to his Majesty immediately.

Resolved, That it is the Opinion of this Committee, that an humble Address be presented, &c. that his Majesty will be pleas'd to let this House know who recommended Commissary Shales to his Majesty, and order'd his being employ'd. A Debate arising, when this Resolution was reported, a Motion was made to adjourn the said Debate, and pass'd in the Affirmative. Yeas 89. Noes 80.

The 27th, Major Wildman acquainted the House, that he had waited on his Majesty with their Address relating to Commissary-General Shales; and that his Majesty was pleased to answer to this Effect:

King's Answer.

'That he had some time since taken order therein, being inform'd of the said Captain Shales's Misdemeanours, and had written to Duke Schomberg for that purpose: And that he verily believed what was desired was already effectually done; tho' the Wind being contrary, he had not as yet received an Account thereof from Ireland.' The Copy of the King's Letter to Duke Schomberg was afterwards produc'd and read to the House.'

The Question being then propos'd relating to the 2d Resolution of the Committee, to address his Majesty that he would be pleased to let the House know who recommended the said Shales;

An Address voted to know who advis'd his Majesty to employ the said Shales.

The House divided first on the previous Question, which was carried in the Affirmative. Yeas 188. Noes 142. And then upon the main Question, which was likewise carried in the Affirmative. Yeas 195. Noes 146. And an Address was order'd to be prepar'd. accordingly.

The Petition of one Robinson, in Custody for Bribery at an Election.

The 28th, a Petition from one Robinson, in the Custody of the Serjeant at Arms, for giving and taking Bribes at an Election for Stockbridge, (which brought the very disfran chising the said Borough into question) acknowledging his Fault, and praying to be discharg'd, was presented: And an Order was made for his Discharge accordingly.

Capt. Churchill enlarg'd.

The same day Captain Churchill, likewise, in a Petition, acknowledg'd his Offence; and pray'd to be restor'd to the Favour of the House, and to be enlarg'd from the Tower, which was granted.

The 29th, the second Address relating to Commissary Shales was read and agreed to by the House; being in Substance as follows:

The second Address relating to Commissary Shales.

'We your Majesty's &c. being filled with the sincerest Affection to your Majesty, and tenderly concern'd for the Safety of your Majesty and your People, and for the Honour of your Government, do most humbly represent the extreme Danger we conceive the Nation and your Majesty's Affairs to be in, by the Employment of Persons in the greatest Trust, who have corruptly and treacherously endeavour'd the Destruction of both; especially Mr. John Shales, who was made Commissary-General in Ireland, tho notoriously known to be Popishly affected, &c. The Mischiefs which have happen'd by the Employment of this Man are so very great, that, without God's infinite Mercy, they might have entirely defeated your Majesty's good Intentions, and the Effect of the Resolutions of this House; and in particular, when that experienc'd General Duke Schomberg went into Ireland, he lest strict Orders for the speedy transporting the Ordnance and Horse design'd for the Service of that Kingdom, and it pleased God to bless his first Attempt to that degree, that, had his said Orders been executed, your Majesty's Affairs had been in a better Posture than now they are. But the said Commissary Shales, to satisfy his Avarice, and partly out of Disaffection, did delay the Execution of the said Orders for several Weeks; by reason whereof your Majesty's Forces were not only disabled from pursuing the Advantages they had gain'd, but were also necessitated to encamp at Dundalk, which occasion'd the Loss of some Thousands of your Majesties Subjects; wherefore we the Knights, &c. do most humbly desire that your Majesty would be graciously pleas'd to let the House know who recommended the said Commissary Shales to your Majesty, that we may be the better enabled to give your Majesty such humble Advice as may tend to the Preservation of your Majesty's Royal Person and Government.'

The King's Reply was as follows:

The King's Answer.

'Gentlemen, 'tis impossible for me to give you an Answer to this Question.'

Mr. Prideaux renews his Petition.

The 30th, Mr. Prideaux renew'd his Petition to be reimburs'd 14760 l. out of the Estate of the late Lord Jeffreys, being the Sum extorted by him from the said Prideaux, for the late King's Pardon, (Vid. pag. 309) and Leave was given to bring in a Bill to charge the Estate of the said Lord Jeffreys accordingly.

The same day a Message from his Majesty was read to the House as follows:

William Rex.

A Message from the King.

'His Majesty having already declar'd his Resolution to prosecute the War in Ireland, with the utmost Vigour, and being desirous to use the Means that may be most satisfactory and effectual in order to it, is graciously pleas'd that this House do recommend a Number of Persons, not exceeding seven, to be commission'd by his Majesty to take care of the Provisions and such other Preparations as shall be necessary for that Service.

'His Majesty is farther pleas'd to let the House know, that, upon Consideration of the Address of November 11. he gives them leave to nominate some Persons to go over into Ireland to take an Account of the Number, State, and Condition of the Army, who shall receive his Majesty's Orders accordingly.'

Resolved, nem. con. That the whole House do attend his Majesty with their humble Thanks for the said most gracious Message.

A Motion being then made, to enter immediately on Ways and Means for raising the two Million Supply; the previous Question was put, and pass'd in the Negative. Yeas 189. Noes 182.

Resolutions thereon.

December 8. Resolved, That this House do not think fit to recommend any Member of this House to be employed in the Service of Ireland, for the Purposes express'd in his Majesty's gracious Message.

That this House doth humbly desire to be excus'd from recommending any Person to his Majesty, to be employ'd in the Service of Ireland, but humbly leave it to his Majesty's great Wisdom to nominate fit Persons for that Service.

Ordered, That the Speaker do acquaint his Majesty with the said Resolutions, when he presents the Thanks of the House to his Majesty.

Presented to his Majesty.

The 3d the Speaker acquainted the House that he had attended his Majesty with the Thanks of the House, and likewise acquainted his Majesty with the said Resolutions; who was pleas'd to return his Answer to this Effect:


His Answer.

'I shall take all the care that may be, to carry on the War in Ireland with Vigour, and to employ such Persons as may be most proper for the Service: And I doubt not but I shall have the Assistance of the House of Commons to carry it on in such a manner, as may be according to your Defires and my Instructions.'

Commissioners of the Victualling, admitted to Bail.

The 5th, the Commissioners of the Victualling in Custody of the Serjeant at Arms, petition'd the House to be admitted to Bail: And the House dividing upon the Question, it passed in the Affirmative. Yeas 117. Noes 105. on the following Terms, viz. That each of them should be bound in 5000 l. penalty for his Appearance, and find two Sureties to be bound in 2500 l. a piece more.

Quakers exempted from double Taxes.

The 7th, a Clause being reported from the Committee on the Supply to be added to the Land-Tax-Bill, for exempting the Quakers from double Taxes on their subscribing a Declararion of Fidelity to their Majesties; the House divided upon the Question, and it passed in the Affirmative. Yeas 170. Noes 78.

Proceedings on the Land-Tax-Bill.

Another Clause was at the same time added to the said Bill for appropriating part of the Money to the Payment of the Seamen, and providing Victuals and Stores for the Navy.

A Proviso was likewise offer'd for exempting such Merchandizes from this Tax, as should be detain'd on board Ships in Port for want of Convoys; but pass'd in the Negative.

As did likewise a Motion for a Clause to deduct the Tax for Money upon Mortgages.

After which another Proviso was proposed and carried, That the Officers of the Court of Chancery should be taxed within the Liberty of the Rolls, and not elsewhere.

The 9th, the Blanks in the Land-Tax-Bill of Sums to be appropriated for the Use of the Navy, were filled up as follows:

Sums appropriated for the Navy.

Resolved, That the Blank for the Sum to be appropriated be filled up with 400,000 l.

To be thus employ'd.

For paying the Seamen, 200,000 l. for providing Victuals, 100,000 l. and for providing Stores, 100,000 l.

The same day a Clause was propos'd to be added to the said Bill, to empower the Commissioners to review the Assessments, and examine upon Oath, and if they find any Person omitted or under-rated, to reassess them, by such ways and means, and under such Penalties as before provided; and the House dividing upon the Question, it passed in the Affirmative. Yeas 136. Noes 127.

The 11th, the Land-Tax being read the third Time, an engross'd Clause was offer'd as a Rider, That the Sums appropriated for the Use of the Navy, shall not be diverted to any other Use, and pass'd in the Negative.

Land-Tax-Bill pass'd.

After which, the said Bill was pass'd, and sent up to the Lords for their Concurrence.

Votes on the State of the Nation.

The 15th, the House agreed with the Committee on the State of the Nation:

That a Committee be appointed to examine and state the Condition of the Public Revenue, when his present Majesty accepted the Administration of the Government, and also to and at Michaelmas last; and also what Loans have been thereon, and how the same hath been apply'd.

And that an humble Address be presented to his Majesty, to lay before him the ill Conduct and Success of our Affairs, in reference to Ireland, the Armies and Fleet; and humbly to desire his Majesty, that he will be pleased to take into Consideration, and in his wisdom to find out the Authors of Miscarriages, and to appoint Affairs to be manag'd by Persons unsuspected, and more to the Safety of his Majesty and Satisfaction of his Subjects.

Commissary Shales petitions to be heard.

The 16th, Mr. Speaker acquainted the House that he had received a Letter and Packet from Commissary Shales, giving an Account of his Conduct; and a Petition to the House, requesting that he might be releas'd from his Confinement, and be permitted to come over and clear himself from the Matters laid to his charge.

Address thereon.

Ordered, That an Address be presented to his Majesty, that Commissary Shales be sent over in Custody with all convenient Speed; together with all his Papers, &c.

Royal Assent given to the Land-Tax-Bill, and that of Rights and Succession. ; Memorable Clause in the Bill of Rights.

The same day, the King gave the Royal Assent to The Land-Tax-Bill: The Bill of Rights and Succession: And two private Bills. In The Bill of Rights was this memorable Clause; That the Kings and Queens of England should be oblig'd, at their coming to the Crown, to take the Test in the first Parliament, that should be call'd at the beginning of their Reign; and that if any King or Queen of England, should embrace the Romish Religion, or marry with a Roman Catholic Prince or Princess, their Subjects should be absolv'd of their Allegiance; and that the Crown and Government of these Realms, should from Time to Time descend to, and be enjoy'd by such Persons, being Protestants, as should have inherited the same in Case the said Persons so reconcil'd to the Church of Rome, or marrying a Papist, as aforesaid, was naturally dead.' Mr. Powle, the Speaker, made a Speech to the King, when these Bills were presented to him; the Purport of it was, that the Parliament had given two Millions, which they desired him to accept graciously, and to give Life to The Bill of Rights by the Royal Assent.

Proviso in favour of the the Prince and Princess of Denmark.

The 18th, the House agreed to a Proviso from the Committee of the whole House, upon the Bill for the Continuance of the collecting this Revenue for one Year: That nothing in the said Act should any way affect a Grant of 30,000 l. yearly made by the late King James to the Earls of Clarendon and Rochester. in Trust for the Prince and Princess of Denmark.

The House, likewise (fn. 3) Resolv'd, That an humble Address be presented to his Majesty, That he would be pleas'd to make a Provision for the said Prince and Princess of Denmark, of 50,000 l. in the Whole, for the Year, beginning at Christmas next.

The 19th, the said Bill was pass'd, nem. con. and sent up to the House of Lords

His Majesty's Answer to the Address relating to Commissary Shales.

The 20th, Mr. Hampden inform'd the House, that in answer to their Address relating to the bringing over Commissary Shales from Ireland, his Majesty was pleas'd to acquaint them, That he had sent some Orders of that kind; and had commanded him to attend Lord Shrewsbury to be satisfy'd therein. Which he had done, and had seen the Letter sent to the Duke of Schomberg: which imported, That the said Shales should be sent over in Custody, if the Duke did not find it necessary before he came, to make up his Accounts. 'And, That if his Majesty had not given Orders for his Papers, it should be done;

Report of the Complaints against certain Captains of Men of Was.

The 21st, Mr. Christy, from the Committee appointed to examine the Complaints against several Captains of Men of War, reported, That the Ship Avarilla, Abraham Wild Com mander, Burden 300 Tuns, laden with 5,900 Hogsheads of Tobacco, for which 7,000 l. had been paid and secur'd to the King, had her best Hands impress'd from on board her off Beachy, by the Henrietta Man of War, Captain Nevil; by which means she fell into the way of a French Privateer, who, tho' but of 8 Guns, took her, being then unable to make any Defence, and carry'd her into Dunkirk.

And, that the Recovery, Burden 100 Tuns, bound for NewEngland, with a Cargo of 12,000 l. Value and the Elizabeth, Burden 60 Tuns, bound for Barbadoes, having obtain'd Promise of Convoy, and received Instructions and sailing Orders from Commadore Raines, were detain'd by Captain Avery of their Majesties Ship the King's-Fisher, tho the whole Fleet of Merchant-Men had then weigh'd Anchor, in order to impress their Hands, till the Convoy was out of sight, whereby they lost their Voyage, &c.

Resolution thereon.

Resolv'd, That the Commissioners of the Admiralty be acquainted with the said Complaint, against the said Captains Nevil, and Avery; and that they be desir'd, when the said Captains come into Port, that they be sent for, to appear before this House, to answer to the Matters charg'd against them.

Address to the King, on the Miscarriages in Ireland, &c.

The same Day the Address, relating to the ill Conduct and Success of Affairs in Ireland, was reported to the House, and contain'd in Substance, 'The deep Sense the Commons had of the ill Conduct of public Affairs, together with their unhappy Success, as well in Ireland, as in the King's Armies and Fleets: That it was the Duty of their Trust, to lay before his Majesty, the Wrong done, both to him and his People, and the imminent Danger of the Kingdom from the Want of Ability or Integrity in those who have had the Direction of the said Affairs, &c. [here follow'd a Detail of Particulars; most of which have already been explain'd in the Votes of the House] and it concluded with declaring, that the Remedy under God, consisted in his Majesty's Wisdom, and Affection to his People; and with recommending to his Majesty, to find out the Authors of the said Miscarriages, and to appoint Affairs to be manag'd by such Persons as are unsuspected; and more to the Safety of his Majesty and Ease of his Subjects.'

Order'd to be re-committed.

After (fn. 4) Debate, Resolv'd, That the said Address be recommitted.

Vote on the Call of the House.

The 23d, Resolv'd, That the House be call'd over to-morrow Fortnight: And that all such Members as shall not appear, without a reasonable Excuse, to the Satisfaction of the House, shall have their Names printed, to the End the Nation may know, who do attend, and who do neglect their Duty.

Royal Assent given to certain Bills.

The same day, The King gave the Royal Assent to An Act to prevent Doubts and Questions concerning the collecting the Revenue; An Act to punish Mutiny and Desertion, &c. And to a private Bill.

Licences voted, for selling Beer, Brandy, &c.

The 30th, The House agreed with the Committee on Ways and Means, That a Bill be brought in, to forbid all Persons to sell, Beer, Ale, &c. or distil or sell Brandy, &c. without a Licence; That for every Licence to fell Beer, &c. an Imposition not under 20 s. shall be paid: To sell Coffee, &c. not under 40 s. To distil Brandy, &c. not under 5 l. And to sell Brandy, &c. not under. 20 s.

An Imposition laid on Coffee, &c. at the Custom-House.

The 31st, The House agreed with the Committee on Ways and Means, That there be an Imposition laid upon Tea and Coffee at the Custom-House.

Another on new Buildings.

And, that there be an Imposition of one Quarter of a Year's full Value laid upon every House, erected upon a new Foundation, within the Bills of Mortality.

A third Shilling laid upon Land, &c.

Jan. 3. Resolv'd, That the farther Sum of one Shilling in the Pound, for one Year, be laid on all Persons and Estates, charg'd by the late Two Shilling-Act.

Votes on a Member's being appointed High-Sheriff.

The 7th, Upon a Call of the House, Sir Jonathan Jennings being absent, and Information being given, That he was lately made High-Sheriff of Yorkshire, a Debate arose, and it was Resolv'd, nem. con. That the nominating any Member of this House, to the King, to be High-Sheriff, is a Breach of the Privileges of this House; and that an Address be made to his Majesty, that he will be pleas'd to constitute another Sheriff for Yorkshire, in the room of Sir Jonathan Jennings.

Mr. Cholmondeley committed to the Tower, for refusing the Oaths.

The 9th, Mr. Cholmondeley, a Member, was order'd to be committed to the Tower, for a Contempt, in refusing to take the Oaths.

The Bill to restore the Rights of Corporations, pass'd.

The. 10th, After long and vehement Debates, on a Clause (which was (fn. 5) rejected) to incapacitate such, as any ways acted in the Surrender of Charters, and many Divisions, in which the Majority, was never above 18; Resolv'd, That the Bill do pass, and that the Title thereof be, An Act to restore Corporations to their Antlent Rights and Privileges.

The 16th, The Bill to review the Poll granted to their Majesties, and for an Additional Poll towards the reducing of Ireland, was pass'd.

A Bill to review the Poll, &c. pass'd.

The same day, the King gave the Royal Assent to the Bill for collecting the Duty upon Coffee, Tea, and Chocolate, at the Custom-House; and to a private Bill.

Royal Assent given to two Bills. ; The Lands, &c. settled on the late Queen Mary, vested in the King and Queen, in Trust for her.

The 18th, A Bill pass'd, to vest in their present Majesties, the Lands and Estates belonging to the late Queen Mary, or to any other Persons in Trust for her.

The same day, the House was acquainted, That his Majesty, had been graciously pleased to appoint Sir Charles Warnsford, to be High-Sheriff of Yorkshire, in the room of Sir Jonathan Jennings

The 20th, on the Petition of Jo Lewkner, setting forth the debauch'd Practices of his Wife, against whom he had obtain'd a Divorce in the Ecclesiastical Courts, a Bill was ordered to illegitimate any Children his said Wife may have, during her Elopement.

Proceedings in the Case of Sir Thomas Armstrong. ; Sir Robert Sawyer expell'd.

The same day, the Committee on the Case of Sir Thomas Armstrong, confirm'd all that was alledg'd by his Widow and Daughters in their Petition; and Sir Robert Sawyer, a Member, being mention'd in the said Report, as one of the Prosecutors; a Debate arose, Whether his Name should be inserted in the Bill: And a Motion being made to adjourn the House, it pass'd in the Negative. After which, another Motion being made, That Sir Robert Sawyer be expell'd, the House divided, and it pass'd in the Affirmative, Yeas 131, Noes 71.

Proceedings on the Bill of Indemnity.

The 21st, the House proceeded with the Bill of Indemnity, and for inflicting Pains and Penalties on such as should be excepted. Which, according to Order, were to be the Business of one and the same Act, and a Motion being made to nominate particular Persons, the House divided on the previous Question, and it pass'd in the Negative, Yeas 170, Noes 190.

A Petition against the Captain of the St. Albans Man of War.

The 22d, a Complaint was lodg'd by way of Petition, against Captain Layton, Commander of the St. Albans Man of War, for seizing the Ship Concord homeward bound from Madeira, carrying her into Plimouth, plundering her there, to the Amount of 2,605 l. and refusing to obey a Decree given against him in the Admiralty-Court, to make the Petitioner Restitution.

Referred to the Committee formerly appointed to examine several other Affairs of the like nature.

The same day, Sir Peter Rich, a Member, having been heard in his Place, in answer to the Petition of Sir Thomas Pilkington Lord-Mayor of London, and others (Vid. p. 321.) and being withdrawn, a Motion was made, and the Question being put, That the Lord-Mayor and the rest of the Petitioners should have Reparation out of the Estates of the Persons petitioned against, it pass'd in the Negative, Yeas 152, Noes 169.

Exceptions to the Bill of Indemnity.

The 23d, the House agreed to the Exceptions to the Bill of Indemnity; of which the following Account is given by Mr. Oldmixon.

1. The asserting, advising and promoting the dispensing Power: This took in all the Judges except Baron Street, and all the Court-Lawyers in the late King's time. 2. The Commitment and Prosecution of the seven Bishops? This included John late Duke of Buckingham, Sir Richard Graham Viscount Preston, Henry Earl of Peterborough, Henry Lord Dover, William Marquis of Powis, Henry Lord Arundel of Wardour, Theophilus Earl of Huntingdon, Roger Earl of Castlemain, William Earl of Craven, George Lord Dartmouth, Sir John Ernley, Sir Edward Herbert, and two others every way infamous, Sir Nicholas Butler, and Jeffreys the Chancellor; who sign'd the Warrant for committing the Bishops, as did also the Lord Godolphin, who sufficiently atton'd afterwards for this false Step, by his many great Services to his Country. To these we must add Wright the Chief-Justice, Allybone a Popish Judge, Sir Thomas Powis, Sir Bartholomew Shower, Sir William Williams, who will be heard of again hereafter for their Zeal for such good Churchmen as themselves. 3. The advising, promoting, and executing the Ecclesiastical Commission: This would have thrown out of Indemnity, Laurence Hyde Earl of Rochester, John Sheffield Earl of Mulgrave, afterwards Duke of Buckinghamshire, Nathaniel Crew Bishop of Durham, Thomas Sprat Bishop of Rochester, Thomas Cartwright Bishop of Chester, Herbert and Wright the two Chief-Justices, and that poor Wretch Jenner, who was made Recorder of London when their Charter was taken away. 4. The advising and levying Money by pretence of Prerogative: This excepted from Pardon Sir Humphrey Mackworth, that pious Advocate for Sacheverel; and those Barristers and Students of the Middle Temple, who presented an Address of Thanks to King James, for taking the Customs before the Parliament had given them to him. 5. The advising, raising, and keeping up a Standing Army in the time of Peace: This would have excepted Sir Christopher Musgrave in particular, who said in the House of Commons, It was a deplorable thing that the King had no more Forces, than about 20,000 Men, after the Duke of Monmouth's Business. 6. The advising and acting in the Surrender of Charters: This would have excluded from Pardon, not only Burton and Graham, Brent of the Temple, and other corrupt Lawyers and Sollicitors, but many LordsLieutenants, Deputy-Lieutenants, Mayors, and Aldermen of Cities and Towns, such as those most worshipful Persons the Mayor, Aldermen, Bailiffs, &c. of Newcastle-under-Line, who, in an Address to King James, render'd him their hearty Thanks for regulating their Corporation, for which, both their Town and the Country about it were under a Transport of Joy. Were such Men as these fit to be continued in the Magistracy? And was it likely that any thing better should come from them, than the Choice they have generally made since, when they have had occasion to chuse Representatives? 7. Undue Construction of Laws, and the undue and illegal Prosecutions and Proceedings in capital Cases: This would have excepted out of Pardon almost all the Judges, Attorneys and Sollicitors-General, King's Council, &c. and would have clear'd the Courts of Justice of those Vermin, which had been bred in the Corruption of them.'

Royal Assent given to several Bills.

The 27th, the King came to the House of Peers, and gave the Royal Assent to the Poll-Bill; to the Bill to prevent vexatious Suits against such as acted in order to the bringing in their Majesties; to the Bill for the better Security and Relief of Irish Protestants; and. three private Bills. After which he made the following Speech.

'My Lords and Gentlemen,

I Am so sensible of the Readiness you have shew'd to supply me with Money for the carrying on the Wars I am engag'd in, that I am glad of this occasion to give you Thanks for your chearful Dispatch, which was absolutely necessary for the common Safety. The best Return I can make to your Kindness, is, to assure you, that as far as it will go, it shall all be employ'd to the Purposes it was given.

'It is a very sensible Affliction to me, to see my good People burthen'd with heavy Taxes; but since the speedy Recovering of Ireland, is, in my opinion, the only means to ease them, and to preserve the Peace and Honour of the Nation, I am resolv'd to go thither in Person, and, with the Blessing of God Almighty, endeavour to reduce that Kingdom, that it may no longer be a Charge to them.

'And as I have already ventur'd my Life for the Preservation of the Religion, Laws, and Liberties of this Nation; so I am now willing again to expose it, to secure you the quiet Enjoyment of them.

'The Spring draws on, and it being requisite I should be early in the Field, I must immediately apply my Thoughts to the giving Orders for the necessary Preparations; which, that I may have the more leisure to do, I have thought convenient now to put an end to this Session.'

And then the Lord Chief Baron Atkyns prorogu'd the Parliament to the 2d of April; which was soon after dissolv'd.


  • 1. Auditor of the Imprest.
  • 2. Paymaster of the Forces.
  • 3. The Whole of this Affair, is thus represented by Mr. Oldmixon: A Motion being made for settling a Part of the Public Revenue on the Princess Anne of Denmark; it divided the House into three Parts. The Lord Eland, Son to the Marquiss of Hallifax, Mr. Finch, and Mr. Godolphin, who spoke in Favour of the Princess; insisted that 70,000 l. per Ann. was as little as could be allow'd her; others, who consider'd the Public Necessities, would have 'that Sum reduc'd to 50,000 l. and others again, who thought it was more for the King's Interest and Honour, to have that Allowance flow from himself, were for leaving that Matter wholly to his Majesty. And herein. Mr. Hampden the Son, join'd with those that voted with the Court, and pleaded the Danger of Settling a Revenue on a Princess who had so near a Claim to the Crown, independently of the King, whose Title was disputed by many Malecontents; and supported his Arguments by the Example of the Queen, on whom it had lately been propos'd to settle 100,000 l. a Year; but it was thought improper, and therefore rejected, though her Majesty had no separate Interest from that of her Royal Consort, This Debate being adjourn'd to the next Day, the King, who was unwilling to have so delicate an Affair canvass'd farther in Parliament, sent the Earl of Shrewsbury and Mr. Wharton to the Princess, to persuade her to rely on his Generosity. A Step which seems to have been taken too bastily, unless his Majesty bad been assur'd of having a more agreeable Answer from her Royal Highness, who reply'd, Since the Affair is before the Commons, it must e'en take its Course, and be concluded by that wise Body.' And here we may observe, that the Princess of Denmark had taken some Distaste at her Reception at Court, inspir'd into her by some of that Party, who were least affected to the Government; and those of her Servants, who had Seats in Parliament, were observ'd to be very well with those, whom the Court had least Reason to be fond of. Arlast, the Commons address'd the the King, to settle 50,000 l. a Year, on the Prince and Princess of Denmark, to which his Majesty answer'd, ' Gentlemen, Whatsoever comes from the House of Commons is so agreeable to me, and particularly this Address, that I shall do what you desire of me.'
  • 4. Mr. Hampden's Address was thought by some too long, by others too short; Mr. Hampden the Father spoke against it, as entring too far into. the Detail of Miscarriages and Misfortunes, which too many of that Assembly did not care to hear enumerated, not in hopes of having, but for fear, Things should be amended. Mr. Oldmixon.
  • 5. The Clause so rejected was as follows, viz. Be it enacted by the Authority aforesaid, that every Mayor, Recorder, Sheriff, Common-CouncilMan, Town-Clerk, Magistrate, or Officer, who did take upon him to consent to, or join in any such Surrender, or Instrument purporting such Surrender, as aforesaid, or did sollicite, procure, prosecute, or did pay or contribute to the Charge of prosecuting any Scire Facias, Quo Warranto, or Information in the Nature of Quo Warranto, by this Act declar'd unlawful, shall be, and is declar'd, adjudg'd, and enacted to be, for the Space of seven Years, incapable and disabled to all Intents and Purposes, to bear or execute any Office, Employment, or Place of Trust, as a Member of such respective Body Corporate, or in, or for such respective City, Town, Borough, or Cinque-Port, whereof, or wherein be was a Member at, or before the Time of making such Surrender, or Instrument purporting such Surrender or the sueing out, or prosecuting such Scire Facias, Quo Warranto, or Information in nature of Quo Warranto; any thing in this Act contain'd, or any other Case, Statute, or any Ordinance, Charter, Custom, or any thing to the contrary in any wise notwithstanding.