House of Commons Journal Volume 10: 24 June 1689

Lunæ, 24 die Junii; 1° Willielmi et Mariæ.

Prayers.

Proceedings against Johnson.

MR. Christy reports from the Committee, to whom it was referred, to examine how and by what Authority Mr. Samuel Johnson came to be degraded, That the Committee find the Case to be as followeth; viz.

That in Trinity Term, 2 Jac. Reg. II^di, an Information was exhibited against the said Samuel Johnson, in the King's Bench, in the Name of Sir Robert Sawyer, the King's Attorney General, for making, printing, and publishing a scandalous and seditious Libel, intituled, An humble * * * *

That, the same Term, they forced him to plead; procured a Jury to find him guilty; convicted him; and gave the Judgment following, which was pronounced by Sir Francis Withens;

1. To pay Five hundred Merks to the King, and to lie in the Prison of the King's Bench, till it was paid.

2. To stand in the Pillory Three Days, in Three several Places; viz. the Palace Yard, Charing Cross, and the Old Exchange.

3. To be whipt by the common Hangman from Newgate, to Tyburn.

That the Judges of the King's Bench, who sat then in Court, were the Lord Chief Justice Herbert, Sir Francis Withens, Sir Robert Wright, and Sir Rich. Holloway.

That the Sentence was to be executed in November in the next Michaelmas Term; but they desired that Mr. Johnson might first be degraded; for that it would be a Scandal to the Clergy, to have so infamous a Punishment inflicted upon a Minister.

Whereupon he, being a Prisoner in the King's Bench, which is in Surry, in the Diocese of the Bishop of Winton, was summoned the Nineteenth Day of November, 1686, to appear the next Day, the Twentieth of November, in the Convocation House of St. Paul's, in the Diocese of the Bishop of London; he being Rector of Curringham in Essex, within that Diocese. Upon the Twentieth of November a Habeas Corpus was brought to carry him from the King's Bench Prison to the Convocation; where he found the Bishops of Durham, Rochester, and Peterborough, Commissioners to exercise the Authority and Jurisdiction of the Bishop of London, during his Suspension, with some Clergymen, and many Spectators; and a Libel exhibited against him by one Godfrey Lee, a Proctor, dated that Day, charging him of being guilty of great Misbehaviours; but specified none, nor proved any; and only referred to a Record before the King's Temporal Judges.

That Mr. Johnson demanded a Copy of the Libel, and an Advocate; both which the Bishops denied him; but proceeded immediately to sentence him: Which was,

1. That he should be declared an infamous Person.

2. That he should be deprived of his Rectory of Curringham in Essex.

3. That he should be a mere Layman, and no Clerk; and deprived of all Right and Privilege of Priesthood.

4. That he should be degraded thereof, and of all Vestments and Habits of Priesthood.

5. That he should undergo the Punishments aforesaid.

Against which Proceedings Mr. Johnson protested, as being against Law, and the 132^d Canon, not being done by the Bishop of London, his own Diocesan; but they refused his Protestation.

That then he appealed to the King in Chancery; but they refused to admit his Appeal.

And immediately they proceeded to execute the said Sentence, and to degrade him by putting on his Head a square Cap, and then taking off again; then they pulled off his Gown, then his Girdle, which he demanded as his proper Goods, bought with his Money, which they promised to send; but they cost him Twenty Shillings to have them again. After all, they put a Bible into his Hand; which he would not part with, but they took it from him by Force. All this was done, viz. the Libel, Sentence, and Execution of it, in Three Hours Space, on Saturday the Twentieth of November, having decreed summarily, as they did.

That, on Monday after, viz. Two-and-twentieth of November, the Judgment in the King's Bench were executed with great Rigour and Cruelty, the Whipping being with a Whip of Nine Cords, knotted, shewed to the Committee; and that Mr. Rouse the Under Sheriff tore off his Cassock upon the Pillory and put a Frize Coat upon him.

That Mr. Johnson's Wife had also an Information exhibited against her in the King's Bench, for the like Matter as that against her Husband.

Whereupon the Committee came to the Resolutions following: Which the said Mr. Christy read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being read, are as followeth:

Resolved, That it is the Opinion of this Committee, That the Judgment against Mr. Johnson in the King's Bench was illegal and cruel.

Resolved, That it is the Opinion of this Committee, That the Ecclesiastical Commission was illegal; and that, consequently, the Suspension of the Bishop of London, and the Authority committed to the aforesaid Three Bishops, was null and illegal.

Resolved, That it is the Opinion of this Committee, That Mr. Johnson not being sentenced, deprived, and degraded, by the Bishop of London (if he had deserved the same), was illegal.

Resolved, That it is the Opinion of this Committee, That the House be moved, That a Bill be brought in to reverse the Judgment in the King's Bench, and to declare all the Proceedings before the Three Bishops to be illegal, null, and void.

Resolved, That it is the Opinion of this Committee, That an Address may be made to his Majesty, to recommend Mr. Johnson to his Majesty's Favour, for some Ecclesiastical Preserment suitable to his Services and Sufferings.

The First of the said Resolves being read a Second time;

Resolved, That the House doth agree with the Committee, that the Judgment against Mr. Johnson in the King's Bench was illegal and cruel.

The Second of the said Resolves being read a Second time;

Resolved, That the House doth agree with the Committee, That the Ecclesiastical Commission was illegal; and that, consequently, the Suspension of the Bishop of London, and the Authority committed to the aforesaid Three Bishops, was null and illegal.

The Third of the said Resolves being read a Second time;

Resolved, That the House doth agree with the Committee, That Mr. Johnson not being sentenced, deprived, and degraded by the Bishop of London, (if he had deserved the same) was illegal.

The Fourth of the said Resolves being read a Second time;

Resolved, That a Bill be brought in to reverse the Judgment in the King's Bench; and to declare all the Proceedings before the Three Bishops to be illegal, null, and void.

The Fifth of the said Resolves being read a Second time;

Resolved, That an Address be made to his Majesty, to recommend Mr. Johnson to his Majesty's Favour, for some Ecclesiastical Preferment suitable to his Services and Sufferings.

Resolved, That, in the said Bill, the Proceedings upon the said Ecclesiastical Commission be declared void.

Resolved, That Mr. Sam. Johnson be recommended to his Majesty, by such Members of this House, as are of his Majesty's most honourable Privy Council, for some Ecclesiastical Preferment in respect of his great Sufferings.

Wye, &c. Navigation.

Mr. Solicitor General reports from the Committee, to whom the Bill for making the Rivers Wye and Lugg, in the County of Hereford, navigable, That the Committee had agreed upon several Amendments to be made to the Bill, and several Clauses to be added to it: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table.

Ordered, That the Reading the Report at the Table be adjourned till Thursday Morning next, the First Business.

Public Business.

Resolved, That the House do hereafter sit every Morning, at Eight of the Clock; and proceed upon publick Business.

Leave of Absence.

Ordered, That Mr. Michael have Leave to go into the Country, for Three Weeks.

Ordered, That Mr. Cooke have Leave to go into the Country for Three Weeks.

Irish Protestants.

Resolved, That the House do, To-morrow Morning, take into Consideration a Way to relieve the Irish Protestants.

Leave of Absence.

And a Motion being made, and a Question being put, That Mr. Forster have Leave to go into the Country for a Month;

It passed in the Negative.

Irish Clergy.

Ordered, That the Lord Coote and Sir Joseph Tredenham be added to the Committee, to whom the Bill for Relief of the Irish Clergy, is referred.

Attainting several Persons.

Ordered, That it be an Instruction to the Committee, to whom the Bill for attainting certain Persons, is referred, That they prepare and bring in a Clause for the immediate Seizing the Estates of such Persons, who are, or shall be proved to be, in Arms with the late King James in Ireland, or in his Service in France.

Papists Benefices.

Resolved, That the ingrossed Bill, sent down from the Lords, intituled, An Act for vesting in the Two Universities the Presentations to Benefices belonging to Papists, be now read the Second time.

The Bill was read the Second time.

Resolved, That the Bill be committed to Sir Thomas Clarges, Sir Fra. Russell, Mr. Dolben, Sir Tho. Pope Blunt, Mr. Sacheverill, Sir Rob. Davers, Serjeant Trenchard, Sir Dunc. Colchester, Sir Edw. Harley, Mr. Gwyn, Mr. Done, Sir Tho. Mompesson, Mr. Forster, Lord Digby, Mr. Roberts, Mr. Boscawen, Sir Rob. Cotton, Sir John Doyly, Mr. Parker, Mr. Manwaring, Sir Joseph Tredenham, Sir Ralph Carre, Sir Cha. Cæsar, Sir Tho. Barnadiston, Sir Christ. Musgrave, Mr. Fox, Sir Jonathan Jennings, Sir Fra. Russell, Sir John Key, Mr. Foley, Mr. Williams, Mr. Garway, and all the Members that are of the Long Robe, and that serve for the Two Universities: And they are to meet this Afternoon, at Four of the Clock, in the Speaker's Chamber. And it is to be Instructions to the Committee, That they take care to bring in a Clause against fraudulent Conveyances of Advowsons, and Right of Presenting; and also, that Persons presented may be resident.

Blaire's, &c. Impeachment.

Mr. Attorney General reports from the Committee, to whom it was referred to prepare Impeachments against Sir Adam Blaire, Captain Vaughan, Captain Mole, Dr. Elliott, and Doctor Grey, That they had prepared and agreed upon an Impeachment, accordingly: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was read; and, upon the Question put thereupon, agreed unto by the House; and is as followeth;

Articles of Impeachment of High Treason, and other high Crimes and Offences, against Sir Adam Blaire, Captain Henry Vaughan, Captain Frederick Mole, John Elliott Doctor in Physick, and Robert Gray Doctor in Physick;

WHEREAS King James the Second having abdicated the Government; and their Majesties King William and Queen Mary having, on the Thirteenth Day of February, in the Year of our Lord 1688, accepted the Crown and Royal Dignity of this Kingdom, according to the Resolution and Desire of the Lords Spiritual and Temporal, and Commons, now assembled in Parliament; their said Majesties did become, were, are, and of Right ought to be, by the Laws of this Realm, our Sovereign Liege Lord and Lady, King and Queen of England, and the Dominions thereunto belonging, in and to whose Princely Persons the Royal State, Crown and Dignity of this Realm, with all Honours, Styles, Titles, Regalities, Prerogatives, Powers, Jurisdictions, and Authorities, to the same belonging and appertaining, were and are most fully, rightfully and intirely, invested and incorporated, united and annexed; and their said Majesties have been solemnly and publickly crowned, according to Law, and the laudable Customs of this Realm: And whereas, in and upon their Majesties Preservation and Government, the Unity, Peace, Tranquillity, and Safety, of this Nation, doth, under God, consist and depend: Nevertheless Sir Adam Blaire, Captain Henry Vaughan, Captain Frederick Mole, John Elliot Doctor in Physick, and Robert Grey Doctor in Physick, being Subjects of their Majesties, together with divers others their Complices and Confederates, wholly withdrawing the Faith, and due Allegiance, which true and faithful Subjects should, and of Right ought to bear to their Majesties, as false Traitors to their Majesties, and this Realm, did, upon the Tenth Day of June, in the Year of our Lord 1689, and at divers other Times, most wickedly and traiterously design, contrive, agree, conspire, resolve, and, to the utmost of their Power, endeavour to disturb and destroy the said Peace and common Tranquillity enjoyed within this Realm; and to move, make, raise, and levy War, Rebellion, and Insurrection, within the same; and to persuade, induce, and incite their Majesties Subjects to abett and assist them therein; and to deprive and depose their Majesties of and from their Royal State, Title, Crown and Dignity; and to subvert the Government of this Kingdom, so happily preserved and settled by and under their Majesties: And to that end they did traiterously assemble themselves, meet, and consult, concerning the most proper Means to be used, to execute and accomplish the aforesaid wicked and traiterous Designs: And, in pursuance of the same, and for the Purposes aforesaid, they did traiterously hold, maintain, set forth, declare, and publish, That their Majesties were Usurpers; and that the said late King James the Second did continue lawful and rightful King of this Realm; and did attribute to him the Honours, Styles, Titles, Regalities, Prerogatives, Powers, Jurisdictions, and Authorities, belonging and appertaining to the Imperial Crown of the same: And, to compass, fulfil, complete, and bring to Effect, their said Treason, and wicked Purposes, they did traiterously, maliciously, and advisedly, contrive, make and procure, and cause to be made and procured, a certain detestable and traiterous Libel, purporting a Declaration of the said late King, by and under the Name of King James the Second; in which Libel it is contained, expressed and declared, as followeth; viz.

A Declaration of his most Sacred Majesty King James the Second, to all his loving Subjects in the Kingdom of England;

James R.

ALTHOUGH the many Calumnies, and dismal Stories, by which Our Enemies have endeavoured to render Us and Our Government odious to the World, do now appear to have been advanced by them, not only without any Ground, but against their own certain Knowlege, as is evident by their not daring to attempt the proving these Charges to the World, which We cannot but hope hath opened the Eyes of our good Subjects, to see how they have been imposed upon, by designing Men; who, to promote their own ambitious Ends, care not what Slavery they reduce our Kingdom to; yet We cannot but rejoice, that We have had an Opportunity, to demonstrate the Falseness and Malice of their Pretences since Our Arrival in this Our Kingdom of Ireland, by making it Our chief Concern to satisfy the Minds of Our Protestant Subjects, the Defence of their Religion, Privileges, and Properties, is equally Our Care, with the Recovery of Our Rights. To this End We have preferred such of them, of whose Loyalty and Affection We are satisfied, to Places both of the highest Honour and Trust about Our Person, as well as in Our Army: We have, by granting Our Royal Protection to such whose Minds were shaken by the Arts of Our rebellious Subjects, dispelled their Apprehensions, and effectually secured them against the Attempts even of their private Enemies: Our Ear hath been always open to their just Complaints: And so far hath Our Royal Mercy been extended to those, who were in Arms against us, that We have actually pardoned several Hundreds of them; and most notorious Criminals are kept in an easy Confinement, as they themselves acknowledge: We have taken care, that our Subjects of the Church of England be not disturbed in the Exercise of their Religion, the Possession of their Benefices, and other Properties; and all Protestant Dissenters enjoy Liberty of their Consciences, without any Molestation: And, out of Our Royal Care for the Prosperity of Our People, We have recommended to Our Parliament, as the First Thing necessary to be dispatched, to settle such a Security and Liberty, both in Spiritual and Temporal Matters, as may put an End to those Divisions, which have been the Source of all Our Miseries; being resolved, as much as in Us lies, to entail Liberty and Happiness upon Our People, so far as to put it out of the Power of Our Successors to invade the one, or infringe the other: And this, We take God to Witness was always, Our Design; of which We see our good Subjects here are more and more convinced, by the great Numbers of those, who, having been seduced or frighted by the restless Importunities of Our Enemies, are returned to their Country and Habitations, and who assure Us, more would follow if the Ports were open: But the Usurpers know too well the Sincerity of Our Intentions, to permit a free Passage of Our said Subjects; fearing nothing more, than that their Experience should undeceive the rest, who are restrained more through Ignorance than any ill Intention; and therefore deny them that Liberty, which we afford to all those, whose Designs, We are satisfied, tend not to the Disturbance of the Peace. By this Our Gracious and Royal Care of Our Protestant Subjects here, where the greatest Part of Our Nation is Catholick, and have, as well as We, received their highest Provocation from their Fellow Subjects of contrary Persuasions (so that nothing but Our own Inclination to Justice, and Desire to see Our People flourish, could move Us to such a Proceeding), We hope our Subjects in England will make a Judgment of what they may expect from Us: And We do here by promise and declare, That nothing shall ever alter Our Resolutions to pursue such, and no other Methods, as by Our said Subjects in Parliament shall be found proper for our common Security, Peace, and Happiness; And that none may be debarred of assisting Us in recovering of Our Rights, and redeeming Our People from their present Slavery, out of any Apprehension from past Miscarriages, We do hereby assure all Our Subjects, of what Quality soever, let their Crimes against Us be never so great, That if, in Twenty Days after our Appearance in Person in our Kingdom of England, they return to their Obedience, by deserting Our Enemies, and joining with Us, We will grant them Our full Pardon; and all past Miscarriages shall be forgot; so little do We delight in the Blood or Ruin of Our People: But if, after this Our gracious Condescension, they shall yet continue to assist Our Enemies and Rebels, We do, before God, charge all the Blood, which shall be afterwards she, upon them and their Adherents: And We doubt not, by the Blessing of God upon our Arms, to force the most obstinate to their Duty; though, as We have made appear, in reducing our rebellious Subjects in this Kingdom, We desire to use no other than Lenity and Mercy.

Given at our Court in Dublin Castle, the Eighth Day of May 1689, in the Fifth Year of our Reign.

God save the KING.

And they did conceal the said Libel from their Majesties, their Magistrates, and Ministers of Justice; and the same did traiterously print, publish, and disperse, and did cause to be printed, published, and dispersed, to and amongst divers of their Majesties Subjects: And this was most maliciously contrived, prosecuted and done, whilst their Majesties were engaged in a just and necessary War, for the Defence of this Kingdom, against the French King, and in the suppressing a Rebellion, procured, supported, and carried on, by the Means and for the Interest of the said French King, against their Majesties, in their Kingdom of Ireland. All which Treasons, Crimes, and Offences above mentioned, were contrived, committed, perpetrated, acted, and done, by the said Sir Adam Blair, Henry Vaughan, Frederick Mole, John Elliott, and Robert Gray, and their Complices, against our Sovereign Lord and Lady the King and Queen, their Crown and Dignity, and against the Laws of this Kingdom. Of all which Treasons, Crimes, Offences, the Knights, Citizens, and Burgesses, in Parliament assembled, do, in the Name of themselves, and of all the Commons of England, impeach the said Sir Adam Blare, Henry Vaughan, Frederick Mole, John Elliot, and Robert Gray, and every of them. And the said Commons, by Protestation, saving to themselves the Liberty of exhibiting, at any times hereafter, any other Accusations or Impeachments against the said Sir Adam Blaire, Henry Vaughan, Frederick Mole, John Elliot, and Robert Gray, and every of them; and also of replying to the Answers, which they, and every of them, shall make to the Premises, or any of them, or to any other Accusation or Impeachment which shall be by them exhibited (as the Cause, according to Course and Proceedings of Parliament, shall require); do pray, That the said Sir Adam Blaire, Henry Vaughan, Frederick Mole, John Elliot, and Robert Grey, and every of them, be put to answer all and every the Premises; and that such Proceedings, Examinations, Trials and Judgments, may be, upon them, and every of them, had and used, as shall be agreeable to Law and Justice, and Course of Parliament.

Ordered, That the Impeachment be ingrossed.

Preventing Export of Wool.

Ordered, That the Report from the Committee, to whom the Bill for preventing the Exportation of Wool is referred, be made upon Wednesday Morning next, the First Business.

Exceptions in Bill of Indemnity.

Then the Order for proceeding upon the Consideration of the Heads of Exceptions in the Bill of Indemnity, was read.

Privilege a Member taken into custody.

Also the Order for the Earl of Danbye's appearing in his Place, was read.

And accordingly he did appear; and informed the House, That, if he had conceived any of the Privileges of the House had been broken as to him, he should have taken Notice of it; but that he did not conceive himself to be in Custody.

And the House being informed, that Sir John Guise, a Member of the House, could give an Account of the Matter;

He was called upon so to do: And accordingly he informed that House, That he meeting with Evans the Messenger; and inquiring by what Authority he apprehended the Earl of Danby; he shewed him a Warrant under the Earl of Nottingham's Hand for that Purpose, for Suspicion of Treason, or treasonable Practices.

Ordered, That * Evans, the Messenger, do attend this House To-morrow Morning, and bring with him the Warrant signed by the Earl of Nottingham, for the apprehending the Earl of Danby, a Member of this House.

Exceptions in Bill of Indemnity.

Then the House proceeded in the Consideration of the First Head of Exceptions in the Bill of Indemnity.

Resolved, That no more Persons be excepted out of the Bill of Indemnity upon this Head.

Then the Second Head of Exceptions was read.

Resolved, That the House will, To-morrow Morning, after the other Business appointed for the Day, proceed in the further consideration of the Heads of Exceptions in the Bill of Indemnity.

And then the House adjourned till To-morrow Morning, Eight of the Clock.