Journal of the House of Commons: Volume 10, 1688-1693. Originally published by His Majesty's Stationery Office, London, 1802.
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Mercurii, 1 die Maii; 1° Willielmi et Mariæ.
Leave for a Member to attend Lords.
Leave of Absence.
A Petition of the Cordwainers was read; setting forth, That, about Four Years since, a Bill was brought, and passed, for the Exportation of Leather for seven Years; and then was sent up to the Lords, who also passed the same but for Three Years, for Experience only; and that That Statute being near expired, another Bill is brought to revive the same: The Effects whereof having proved grievous in all Corporations; and praying that the said Bill may be thrown out of the House; or, that the Petitioners might have Liberty to attend the House, to give their Reasons against the same.
A Petition of the Shoemakers and Manufacturers of Leather of the Borough of Southwarke was read; setting forth, That the late Act for Exportation of Leather, having proved very prejudicial to the publick Weal, but advantageous to the French King and his Merchants; and to the Loss of their Majesties Revenue above Two thousand Pounds per Annum from the Port of London; and praying to be heard, to make out the said Prejudice that will happen by renewing the said Act.
Prideaux's Claim on Lord Jeffreys.
Mr. Gwyn reports from the Committee to whom it was referred to examine the Matter of the Petition of Edmund Prideaux, Esquire, and state the same to the House, That the Committee had examined the same accordingly; and, according to the several Paragraphs of the Petition, had directed him to state the Evidence given to the Committee in relation thereunto: Which he read in his Place, and afterwards delivered the same in at the Clerk's Table: Where the same was read; and is as followeth; viz.
1. "That the Petitioner, being peacably at his own House at Ford Abby in Devonshire, was, on the Nineteenth Day of June 1685, seized by one of his late Majesty's Messengers, upon a Warrant signed by the Earl of Sunderland, for Suspicion of Treason; and brought in Custody from thence to the Messenger's House in London; where he continued a Prisoner till the Fourteenth Day of July following; at which time he was discharged by Habeas Corpus, giving Security to appear the First Day of the next Term."
THESE are, in his Majesty's Name, to authorize and require you, taking to your Assistance a Constable, to make strict and diligent Search for Edmund Prideaux of Ford, in Devon, Esquire; and him having found, you are to apprehend and seize, and bring him in safe Custody before me, to answer to such Matters as shall be objected against him, concerning certain treasonable and dangerous Practices, whereof he is suspected, and to be further dealt with according to Law: In the due Execution whereof, all Justices of the Peace, Constables, and other His Majesty's Officers, Civil and Military, and loving Subjects whom it may concern, are to be assisting to you, as there may be occasion: For which this shall be your Warrant. Given at the Court at Whitehall, the Thirteenth Day of June 1685.
Which Warrant was delivered by Saywell the Messenger, that took him: Who saith, That he found Mr. Prideaux at Ford Abby; and that, as soon as he shewed the Warrant, he offered himself freely to go with him, without any manner of Resistance: That there was no body with him at his House but his own Family.
The Warrant was dated the 13th Day of June at Whitehall: The Duke of Monmouth landed the 11th at Lyme, which was but Two Days before the Warrant; as per Gazzette, N° 2,042, from Thursday, June 11, to Monday, June 15th, 1685.
"This Morning His Majesty received an Account, by an Express from the Mayor of Lyme, That, on Thursday last, there appeared Three Ships off that Place; and, that, about Seven in the Evening the Duke of Monmouth landed with about One hundred and Fifty Men; and entering the said Town, possessed himself of the same, sending some of his traiterous Complices into the neighbouring Counties, to incite the People to an open Rebellion against his Majesty."
2. "That the Petitioner, during his said Imprisonment, several times desired to be examined before the Council, that he might know his Accusers, or his Crime; but could never be admitted thereunto, or procure any Information therein."
Mr. Saywell, the Messenger, saith, That Mr. Prideaux desired him, while he was in his Custody, to go to the Earl of Sunderland, who signed the Warrant of his Commitment, to procure he might be examined: And that he went, according to his desire, several times: That the Earl of Sunderland answered him, he would acquaint the King therewith: But that Mr. Prideaux was never examined while he was in his Custody: And that he brought an Habeas Corpus, and was bailed out on the 14th of July.
Mr. Edmund Prideaux saith, his Cousin Prideaux was in Saywell's Custody till he was bailed out on the 13th or 14th of July: That, during the Time of his Confinement there, he several times desired to be examined, but could never procure it: He was Bailed for him in the Sum of Two thousand Five hundred Pounds; one Mr. Craig in the like Sum; and himself in Five thousand Pounds, for his Appearance the First Day of the Term.
Mrs. Prideaux saith, That, during her Husband's Confinement in the Tower, on his Second Commitment, she petitioned the late King, that he might be examined, in order to be bailed; but she had no Answer to it, nor was her Husband ever examined.
Mrs. Slater saith, She was present, when Mrs. Prideaux petitioned the late King; and remembers the Contents of the Petition was, That her Husband might be examined, in order to be bailed; but that he never was examined upon it.
3. "That the Petitioner continuing in London, in order to his Appearance, was, on the 14th Day of September following, again seized by a Warrant from the Earl of Sunderland, and committed close Prisoner to the Tower for High Treason, where no Person was suffered to see him for several Weeks: And the Petitioner's Wife at length, with great Difficulty, was permitted; but under the Condition of being made a close Prisoner with him; which she underwent for some time; till, by reason of her Indisposition, she prevailed to be released.
THESE are, in his Majesty's Name, to authorize and require you, taking to your Assistance a Constable, to make strict and diligent Search for Edmund Prideaux of Ford in the County of Devon, Esquire; and him having found, you are to apprehend and seize for High Treason, in levying War against the King; and to carry him in safe Custody to the Tower of London, and there deliver him to the Lieutenant thereof; together with the Warrant herewith given you: In the due Execution whereof all Justices of the Peace, Constables, and other of His Majesty's Officers, Civil and Military, and loving Subjects, whom it may concern, are to be assisting to you, as there may be Occasion: For which this shall be your Warrant. Given at the Court at Windsor, the Thirteenth Day of September 1685.
Mrs. Prideaux saith, That the Second Part of her Petition, which she mentioned, was by reason of her Husband's Indisposition in the Tower, she might be permitted to go to him, he having had no Person but his Servant with him since his Confinement: That she had Leave given her with great Difficulty, and with Condition in her Order, that she should be confined with him a close Prisoner; which she accepted of rather than not to see her Husband, who was at that time very ill of the Gout: But after her going to the Tower, by the Kindness of the Lieutenant of the Tower, Mr. Cheeke, she was permitted to lie at her own House the Three Nights she had Liberty to see him; but she was, on the Fourth Day, denied to see him any more on that Order.
4. "That, in the Time the Petitioner was a Prisoner in the Tower, a general Inquiry was made by the Agents of the Lord Jeffreys, amongst all the Prisoners and condemned Persons in the West, for an Accusation against the Petitioner; and some with Threats, and others with Promises of Life, endeavoured to be procured to be his Accusers,; particularly Mr. Charles Speake, as he declared before his Execution, was proffered his Life, * * he would swear against the Petitioner."
Mr. William Thomson of London, Haberdasher, informs the Committee, That when he came out of the West, which was in August 1685, one James Johnson, who he had employed about compounding his Debts with his Creditors, offered the Informant *, and Five hundred Pounds, if he would swear, that Mr. Prideaux had sent the Duke of Monmouth Five hundred Pounds.
Joseph Standerwick, Serge-maker, of Ilminster in the County of Somersett, informs the Committee, That his Brother having treated with Mr. Giles Clerke for his Pardon, for being in Arms with the Duke of Monmouth, received a Letter from the said Giles Clerke, that this Informant should forthwith come to Town: That, accordingly he came to Mr. Clerke's Chamber, where met him Mr. Burton, and Eyles a Messenger, who took him into Custody; and Mr. Burton acquainted him, that one Samuel Laver, at Ilminster, had given new Information against him, to prevent his Pardon: He then pressed to know whether he was at Mr. Prideaux's House; and told him, if he would not testify the Words that others had testified, that Mr. Prideaux had sent Money and Horses to the Duke of Monmouth, he should receive no Favour: That Mr. Burton was several times with him, whilst he was in the Messenger's Custody, upon this Account: That Sir Roger L'Estrange afterwards sent for him, and told him, He was sorry Mr. Burton had used such Methods; and told him, He should not be examined by him again: But Sir Roger asked him the same Questions concerning Mr. Prideaux.
Mr. Clerke saith, That, being employed by John Standerwick, to procure a Pardon for his Brother Joseph, he was told by Mr. Burton, That there was new Information given against him, and a Messenger going to Ilminster to take him into Custody: To prevent which, he did send a Letter for Mr. Joseph to come to Town: That thereupon he came to his Chamber; where Mr. Burton, and Eyles the Messenger, met him; but he was not present at any Examination of Mr. Standerwick: Who likewise saith, He did not see Mr. Clerke, after the first time of his coming to the Chamber.
Mr. Samuell Key, of Ilminster, Clothier, informs the Committee, That he was in the Duke of Monmouth's Army, and in that Party that went to Mr. Prideaux's House to search for Horses and Arms: That, after that, he went to London to procure his Pardon; and applied himself to Sir Roger L'Estrange; who solicited the Lord Chancellor for the same, and brought this Informant, on the 27th of November 1685, to the Lord Chancellor's House; who told him; if he would get Bail, he should be put in the Circuit Pardon: That this Informant thereupon went into the Country to his House; and, some time after, he received a Letter from Mr. Giles Clerke, by Order for the Lord Chancellor, to come to Town; which he accordingly did, and went to Mr. Clerke; who asked him, If Mr. Prideaux was concerned with the Duke of Monmouth: And this Informant Answering, He knew nothing of it, he was, in some little time after, sent for again, by Mr. Clerke, into Lincolnes Inn Fields, to Mr. Jennins' House, where was present Mr. Parry, and Mr. Loder; and they sent for Mr. Burton, and asked him, If Mr. Prideaux did not drink the Duke of Monmouth's Health, when he was at his House, with that Party: Which he denying, Mr. Burton shewed him a Paper against himself; and told him, If he would swear, against Mr. Prideaux, that he sent Money and Horses to the Duke of Monmouth, the King would be kind to him; and told him, in Gratitude he ought to declare his knowledge: But the Informant affirming he knew nothing of it, Mr. Burton told him, That would not do; and bid him meet him again the next Wednesday: That he was that Day taken into Custody by a Messenger; and, in a little time after, meeting Mr. Clerke, he told him he could tell him ill News, That my Lord Chancellor had ordered his Name to be excepted in the General Pardon,
Mr. Clerke saith to this, That he believes the Letters to call Mr. Key out of the Country might mention the Lord Chancellor's Order: If it did, it was by Mr. Burton's Directions. He says, There was Information against Key, That he was present when Mallock drunk the Duke of Monmouth's Health at Mr. Prideaux' House: That Mr. Harcourt had a Letter from my Lord Chancellor's House in the Country, That the Lord Chancellor would not pass the Pardon, till he came to Town; upon which he told Key the ill News mentioned.
James Butcher, near Crookhorne, in the County of Somersett, saith, That, being a Prisoner at Ilminster, upon the Account of being in Arms with the Duke of Monmouth, he received a Letter from his Son Abraham Butcher, who was soliciting his Pardon in London, That if he would swear against Mr. Prideaux especially, and others, he should receive Favour; otherwise, be hanged: That, after that, one came to the Red Lion at Ilcester, and sent for the Informant thither out of Prison; and told him, He came from London; and had brought a Token of Five Shillings to him to drink; from one in London; and, in further Discourse, he told him, He should have Five hundred Pounds, if he would swear Mr. Prideaux was concerned with the Duke of Monmouth in the West: But this Informant doth not know who the said Person was, he refusing to tell him his Name.
5. "That after all these Endeavours, your Petitioner could never, to this Day, find he had any thing sworn against him; there not having been so much as Mention of an Oath made in his Warrant of Commitment."
THESE are, in His Majesty's Name, to authorize and require you to take into your Custody, the Body of Edmund Prideaux, of Ford, in the County of Devon, Esquire, herewith sent you, for High Treason in levying War against the King, Keep him safe and close, till he be dicharged by due Course of Law: For which This shall be your Warrant. Given at the Court at Windsor, the 13th Day of September, 1685.
6. "That the Petitioner, though he very well knew his own Innocency, yet being informed of the Threats daily used by the Lord Jeffreyes; and that he frequently said, He would hang him; and hearing of the Practice of his Agents in the West to suborn Witnesses; endeavoured to make Application to the late King James the Second, by Two several Persons of Quality, for his Majesty's Pardon: But was answered, after a Fortnight's Expectation, by them both, at several times, That they could not do the Petitioner any Good; the King having given him to the Lord Chancellor.
Mrs. Prideaux saith, That, hearing these Matters, she spoke to Sir * Eustace, to try what the Earl of Tyrconnell could do with the late King for her Husband's Pardon; but, after about a Fortnight's Expectation, Sir Maurice returned Answer, That the Earl of Tyrconnell could do no Good; for the King had given Mr. Prideaux to the Lord Chancellor.
The Lady Tooker saith, Thereupon she desired Mr. Bulstrode, One of the Gentlemen Ushers at Whitehall, to use his Interest, with some Persons of Credit about the late King, to procure a Pardon for her Brother Mr. Prideaux: And, after Ten Days or a Fortnight's Expectation, he returned Answer, That he had spoken with a considerable Man, who had endeavoured, but found he could do Mr. Prideaux no Good in it; the King having given him to the Lord Chancellor.
Mr. Bulstrode confirms what the Lady Tooker said: And adds, That, after he had applied to the first Person of Quality for Mr. Prideaux, he went to the Lord Sunderland, and spoke to him in his Behalf; who told him, the King had given him to the Lord Chancellor: And he remembers the Lord Sunderland shewed him some Papers; which, he told him, were Accusations against Mr. Prideaux; but there appeared nothing to him in the Papers of any Oath made. That, after he had acquainted the Lady Tooker with the Answer he received, he went himself to the Lord Chancellor Jeffereyes, spoke to him in Mr. Prideaux' Behalf; and, amongst other Discourses, he told the Lord Chancellor, he believed Seven thousand Pounds would be given for his Pardon: To which his Lordship answered, If he had any respect for the King, he would not speak for so vile a Person, who deserved to be hanged.
7. "That your Petitioner's Wife, meeting these Informations from all Hands, procured Leave, although with much greater Difficulty than before, to see your Petitioner again in the Tower: And there acquainting him with the Condition of his Affairs, a Resolution was taken, to apply to the Lord Chancellor, since all other Ways were stopped: And, accordingly, a known Agent of the Lord Chancellor's undertook to transact the Matter with his Lordship; the said Agent * That no Person but the Lord Chancellor could procure the Petitioner's Pardon; his Majesty having given him to his Lordship, as a Reward for his Service in the West."
The Lady Tooker saith, That, upon Consideration with Mrs. Prideaux, that the Lord Chancellor only was to be applied to, she asked one Mr. Jenkins a Clerk in Chancery, If he knew any one who had an Interest in the said Lord Chancellor: And he answering, He was acquainted with Mr. Jennings; she desired him to talk with the said Mr. Jennings about it: And, in some time after, he brought her to Mr. Jennings, who undertook to procure Mr. Prideaux' Pardon. The Discourse was then about Ten thousand Pounds; Mr. Jennings saying, He would not speak under. She said, She knew it was to my Lord Chancellor: To which Mr. Jennings answered, He knew they had been fishing with others for a Pardon, but it would not do; the King having given Mr. Prideaux to a great Person for his signal Service in the West. The Lady Tooker further saith, That, after this Discourse with Mr. Jennings, she persuaded her sister Mrs. Prideaux to raise the Sum of Ten thousand Pounds for the Pardon: But Mrs. Prideaux insisting upon her husband's Innocence, and Disability of raising of Money, did not agree to such a Sum: Upon which all Matters stood still; she having no further Treaty with Mr. Jennings, for a Month at least, till Mr. Jenkins, formerly employed, came to her from Mr. Jennings, and told her, It she did not now conclude for her Brother, it would be too late, for the General Pardon was just passing; and, if it was not done immediately, his Name would be excepted; but that it would not be done under Fifteen thousand Pound: That thereupon, seeing the Danger, they agreed with Mr. Jennings for the Sum.
Mr. Jennings saith, That, about Michaelmas Term, 1685, Mr. Jenkins, a Clerk in Chancery, came to him, to apply to my Lord Chancellor for a Pardon for Mr. Prideaux: That he several times spoke, before he would meddle with it: But the Lady Tooker desiring him to offer the Lord Chancellor Ten thousand Pounds for a Pardon, he did do it; and the Lord Chancellor declined it, and was not willing to accept the said Ten thousand Pounds; but afterwards he did accept the Fifteen thousand Pounds, which, he believes, was paid to his Use.
Mr. Jenkins owns he was employed by the Lady Tooker; and proposed it first to Mr. Jenings, and brought them together. He saith, He came to the Lady Tooker the Time mentioned after the Month's Stop; and believes he told her he came from Mr. Jenings, as she said; but cannot positively say Mr. Jenings sent him.
Mrs. Slater saith, She was present when Mr. Jenkins came to the Lady Tooker, and told her, If they did not pay the Money presently, it would be too late; and that he was sent by Mr. Jenings to tell them so. She was likewise present when the first Discourse was between the Lady Tooker and Mr. Jenings, concerning the Pardon; and at several other times of their Treaty. That Mr. Jenings said, He would not speak for a Pardon under Ten thousand Pounds; and said, It was no great Matter for Mr. Prideaux to part with Thirty thousand Pounds upon that Occasion: his Father having left him Sixty thousand Pounds: That, upon Mrs. Prideaux' insisting her Husband had not any Money, Mr. Jenings said, If they could not procure the Money, there was a fine Seat in Dorsettshire, which would be taken as well as Money.
8. "That the Petitioner's Wife, during this Transaction, was positively refused any more to see the Petitioner in the Tower, till she had contracted to lay down Fifteen thousand Pounds; after which Agreement she had Liberty of Access: And the Petitioner, being forced by the said Practices, and by Duress of Imprisonment, having been a close Prisoner Seven Months in the Tower, signed Bonds for the Payment of the said Fifteen thousand Pounds: Which was paid accordingly, in Three Days after, to the great Damage and Ruin of your Petitioner's Fortune.
Mrs. Prideaux saith, That she was refused going any more to her Husband in the Tower, till, having contracted with Mr. Jenings for the Fifteen thousand Pounds, she told him, she must consult with her Husband, or else it would be impossible to raise the Money: That thereupon Leave was given for all to come in. Lady Tooker saith, The Bargain being made for Fifteen thousand Pounds, Mr. Prideaux was released the same Night the Money was paid.
Sir Robert Dashwood saith, That my Lady Tooker desiring him to lend Ten thousand Pounds to Mr. Prideaux, to be paid for his Pardon, he accordingly did it; but being told, There was but little Time; for that if it was not done immediately, Mr. Prideaux would be excepted out of the General Pardon: And the Lady Tooker desiring him to be bound for the whole Sum of Fifteen Thousand Pounds, he likewise did the same; and was bound to Sir Robert Clayton, and others, in the said Sum of Fifteen thousand Pounds.
Sir Robert Clayton delivers a Note to the Committee, wherein he acknowledges the Receipt of 10,600 l.; and 2,400 l. on March 25th, 1686; and 1,760l. on April the 13th, 1686, upon Mr. Prideaux's Account; amounting in all to 14,760 l.; which he paid to the Order of the then Lord Chancellor Jeffryes.
Mrs. Prideaux informs the Committee, That, there being Two Years time given for the Payment of 2,400 l. Part of the said 15,000 l. the 240 l. being Two Years Interest of the said Sum, at Five per Cent. was struck off, upon present Payment of the said 2,400 l.; which completed the Sum of 15,000l.
Mr. John Carpenter, of New Inne, informs the Committee, That the Lord Jeffryes purchased an Estate, called, Dalbyn in the Wolds, and Neather Broughton, in Leicestershire, of the Value of about 1,760l. per Annum, of the Duke of Albemarle; the Purchase Money was about 34,000l. and a Fine levied of the same in Midsummer Term, 1687.
Mr. Prideaux informs the Committee, That this Estate was contracted for with the Duke of Albemarle, a considerable time before; but, upon a Dispute between the Lord Jeffreys and Duke of Albemarle, the Purchase was not perfected till Midsummer aforesaid.
Ordered, That Leave be given to bring in a Bill, to charge the Manors of Dolby and Broughton, in the County of Leicester (the Estate of the late Lord Jeffreys, late Lord Chancellor of England) with the Repayment of the Sum of Fifteen thousand Pounds, and Interest, which was by him extorted from Edmund Prideaux, Esquire.
Orphans of London.
Resolved, That an humble Address be made unto his Majesty, by such Members of this House as are of his Majesty's most honourable Privy Council, that he will please to take the Condition of the French Protestants into Consideration; and to afford them some Relief for their Subsistence.
Mr. Speaker, We are commanded by the Lords to acquaint this House, That they have agreed to the Bill for the more speedy and effectual Convicting and Disarming of Papists; with some Amendments, to which they desire the Concurrence of this House.
Leave for a Member to attend Lords.
And it is referred to Sir Hen. Goodrick, Sir John Cutler, Sir Rob. Clayton, Mr. Fuller, Mr. Done, Sir Hen. Capell, Sir John Knight, Mr. Papillion, Mr. Gwyn, Sir H. Owen, Colonel Birch, Mr. Wogan, Mr. Hawtry, Mr. Bickerstaffe, Sir John Knatchbull, Lord Falkland, Mr. Ellwell, Sir Jos. Tredenham, Sir John Banks, Mr. Harbord, Mr. Somers, Mr. Thomson, Sir Christopher Musgrave, Mr. England, Sir John Key, Mr. Tho. Foley, and all the Members for the City of London: And are impowered to send for Persons, Papers and Records; and to meet in the Exchequer Chamber To-morrow, at Four of the Clock.
Estimate of Forfeitures.
Ordered, That the several Members, that serve for every County, City, University, Borough, and Cinque Port, do, on Friday Morning next, bring in an Estimate of what the Forfeitures of the Five hundred Pounds may amount unto.
Rights of the Subject, and Succession to the Crown.
The Order for the House to resolve into a Committee of the whole House, to consider of the Bill for Establishing the Articles presented by the Lords and Commons to their Majesties, and for Settling the Crown, was read.
Sir George Treby reports from the Committee of the whole House, That they, having taken the said Bill into their Consideration, had agreed upon several Amendments to be made thereunto: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same were once read throughout; and afterwards a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.
Royal Assent to Bills.
Answer to Addresses.
Mr. Hamden acquaints the House, That he, with others of his Majesty's Privy Council, had attended his Majesty with Two Addresses of this House; the one in relation to the Militia, and appointing Ships to guard the Coasts; to which his Majesty was pleased to answer to this Effect, That the same should be done: The other in relation to the Relief of the French Protestants; to which his Majesty was pleased to answer to this Effect, That he was willing to do what he could for them; but that he hoped the Commons would enable him thereto.
Prosecution for libellous Words.
Sir Ralph Dutton acquainted the House, That he had, according to the Order of the House, attended the Lord Chief Justice Holt, touching Flathers; and that his Lordship had sent him to Newgate; and said he should be prosecuted according to Law.
A suspected Person examined.
Also he informed the House, That there was a Person at the Door, suspected to be a Papist, who had refused to take the Oaths of Fidelity to their Majesties; and that . . going along with another such Person, asked him, if he had his Commission; meaning, as was supposed, under the late King James: And that both Persons were at the Door.
They were called in to the Bar, being one Edward Turbervile, and Thomas Tunstall; and examined, touching the Matter aforesaid: And they excusing themselves in relation thereunto, as not intending any thing relating to the King.
Answer to Address.
Sir Henry Capell acquaints the House, That he, with others of his Majesty's Privy Council, had, according to their Order, attended his Majesty with the Desires of this House, in relation to the Archbishops, and Bishops, and Clergy of Ireland; and that his Majesty was pleased thereupon to declare to this Effect, That he would take the best care he could of them; and that as soon as Livings fell they should be preferred to them.