Journal of the House of Commons: Volume 10, 1688-1693. Originally published by His Majesty's Stationery Office, London, 1802.
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Veneris, 25; die Octobris; 1° Gulielmi et Mariæ.
A PETITION of Joseph Herne, Esquire, was read; setting forth, That Charles Boone, Esquire, late Member of this House for the Borough of Clifton Dartmouth, dying the Twelfth of August last, the Fourteenth of the same Month this House ordered a new Writ to issue; and accordingly it issued the Sixteenth of the same Month; and that the Petitioner, and Geo. Booth, Esquire, stood Candidates for Burgesses for the said Town; and the Petitioner was duly elected by a great Majority of the legal Freemen thereof; and accordingly returned by the Bailiff and Burgesses of the said Borough: But one Mr. Whitrow, as Mayor of the said Town, though not legally chosen, hath taken upon him illegally to make Twentyfive new Freemen, after the Date of the Writ; and, by these new pretended Freemen, and some of the former Freemens Election (he having the Possession of the Writ), hath therewith returned Mr. Booth, in Prejudice of the Petitioner: And praying the Consideration and Relief of the House in the Premises; and that a speedy Day be appointed for the Hearing of this Matter.
Ordered, That the said Petition be referred to the Consideration of the Committee of Privileges and Elections; to examine the Matter thereof; and report the same, with their Opinions therein, to the House.
Westminster &c. Courts of Conscience.
Ordered, That Leave be given to bring in a Bill for erecting Courts of Conscience in the City of Westminster; Borough of Southwarke, the Tower Hamlets, and Out Parishes within the Weekly Bills of Mortality.
Norwich Court of Conscience.
Ordered, That Leave be given to bring in a Bill for erecting a Court of Conscience in the City of Norwich.
Colchester Court of Conscience.
Ordered, That Leave be given to bring in a Bill for erecting a Court of Conscience in the Town of Colchester.
Recovery of Tythes.
Ordered, That Leave be given to bring in a Bill for the more easy Recovery of small Tythes.
Ordered, That Leave be given to bring in a Bill for Confirmation of the Charters of the Two Universities, and the several Colleges and Halls within the Universities.
Dr. Birch to preach on 5th Nov.
Ordered, That Dr. Birch be desired to preach before this House, at St. Margaret's Westminster, the Fifth Day of November next: And that Sir Thomas Clarges acquaint him therewith.
Expences at Elections.
Resolved, That the Bill to prevent Abuses in excessive Expences in Election of Members to serve in Parliament, be now read a Second time.
The Bill was read a Second time.
Resolved, That the Bill be committed to Mr. Paul Foley, Mr. Reynell, Sir Thomas Lee, Mr. Done, Sir Cha. Bloys, Sir Tho. Middleton, Sir John Barker, Sir Gilbert Clerke, Sir Robert Rich, Mr. Eldred, Mr. Christy, Sir Matth. Andrews, Colonel Austen, Mr. Hawtry, Mr. Ellwell, Mr. Grey, Major Wildman, Mr. Palmes, Mr. Blowfeild, Colonel Mildmay, Sir Wm. Cooke, Sir Edw. Seymour, Mr. Smith, Mr. Foley, Sir Fra. Gibbon, Mr. Norreis, Sir Fra. Russell, Lord Falkland, Mr. Gwyn, Mr. Coningsby, Mr. Leveson Gowre, Sir Patience Ward, Sir Wm. Ellis, Sir Walter Young, Mr. Weston, Mr. Thurborne, Mr. Robinson, Major Beake, Mr. Thornhaw, Sir Cha. Cæsar: And all that come are to have Votes: And they are to meet Tomorrow at Three of the Clock in the Afternoon, in the Speaker's Chamber.
Informations against Prisoners in the Tower, &c.
Major Wildman reports from the Committee to whom it was referred to inspect the Journals of the last Sessions of Parliament, in relation to the Informations given in against the Prisoners in the Tower; and also to examine, What Precedents there are of Commitments by Authority of this House; and also to examine into the Informations given against any other Persons in Custody elsewhere than in the Tower; That the Committee have inspected the Journals of the last Sessions of Parliament accordingly: And that the Committee had directed him to make a Report thereof: 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.
That the Committee hath inspected the Journals accordingly; and find, That there was a Report made to this House the Three-and-twentieth of May last past concerning divers of them.
1. As to Mr. Burton and Mr. Graham, That it did appear to the Committee, by several Examinations, That they had severally and jointly prosecuted, and maliciously vexed, the Subjects, contrary to the known Laws of the Kingdom, wherein they had practised Packing and Imbracery of Juries, as in the Cases of the late Lord Russell, Algernoon Sidney, Esquire, and others: And that they had divided amongst the Juries of Middlesex, in criminal Cases, contrary to Law, several Sums of Money, and given them great Entertainments, to persuade them to execute their evil Purposes against divers innocent Subjects.
That they did, severally and jointly with the Concurrence and Assistance of the Earl of Castlemaine, Sir Roger Le Strange, and others, tamper with several Persons to become Witnesses in criminal Cases, to make them swear what had been prepared in Writing for them beyond the Seas, by the Enemies of the Protestant Religion, and our Laws.
That they undertook, at the then King's Charge, to defend Sir John Moore, and others, against the Earl of Macklesfeild, and divers others, against the lawful Suits of their Fellow Subjects for Money and Injuries, and Damages done to them in the Favour and Prosecutions of the Designs of the late King to introduce Popery and arbitrary Power.
That they had solicited some in Prison to become also Witnesses against divers innocent Subjects, and to promise Four hundred Pounds per Annum to one then in Newgate, to accuse innocent Persons of High Treason, and to threaten close Imprisonment if denied: And accordingly, one Mr. Crag, refusing their Temptations, was kept close Prisoner in Newgate, without Fire or Candle, Forty Weeks, until he was very near perishing.
That the Committee find it was reported to the House, as the Opinion of the then Committee upon several Examinations, That the said Mr. Graham and Mr. Burton had severally and jointly, by their malicious Indictments, Informations, and Prosecutions of Quo Warrantos, openly endeavoured the Subversion of the Protestant Religion, and the Government of this Realm, and wasted many Thousand Pounds of the publick Revenue thereof in their undue Prosecutions and Solicitations.
That the Committee also inquired into the Case of Sir Thomas Jenner, Knight, late one * * * *: And it was manifest, That the said Sir Thomas Jenner joined with the other Judges, in declaring the King's Power to dispense with the Laws made for the Kingdom's Security; and that he was a Commissioner in the Fifth Commission of Clauses Ecclesiastical; and sat and acted in Execution of those Powers; and took upon him to be one of those Three that were authorized, by the said Fifth Commission, to visit St. Mary Magdalen's College in Oxford; and, in Contempt of the known Laws of the Realm, committed most notorious Offences, in expelling the President and Fellows of the said College from their Freehold, and entering upon their Possessions by open and notorious Force and Violence; and afterwards joined in a Decree at London, to make them for ever incapable of having any Preferments or Benefices Spiritual, and of using their Functions: All which, the Committee conceives, do apparently involve the said Sir Thomas Jenner in the Subversion of the Laws and Government of this Kingdom.
That the Committee think it not necessary to report the Case of George late Lord Jeffrys, and of the late Lord Chief Justice Wright, they being dead since the Matter was committed to the Committee in the last Session of Parliament; and have not time to look into the Cases of James Earl of Salisbury, Henry Earl of Peterborow, Sir Edward Hales, Obadiah Walker, and many others, first committed for High Treason, in being reconciled to the See of Rome.
Major Wildman also reports, That the Committee had made as much Examination into what Precedents there are of Commitments, by Authority of the House, as the Shortness of the Time would permit, And that they do find several Cases of Commitments, and Things of that Nature; as particularly.
Mitchell's Case 1° Jac. Imi.
Levett's Case, 19 Jac.
Sir John Bennet's Case.
The Case of the Light Houses.
Sir Fran. Mitchell's Case.
Sir James Smith's Case, and others; viz.
The Case of the Judges of King Charles the First, 14 May 1660.
Of Thurlow, 15 May, 1660.
Goods seized by the Serjeant. 16 May 1660.
The Lords Answer upon a Conference, 21 May 1660.
The Case of Milton, 16 Junii 1660.
The Serjeant delivered his Prisoners to the Tower, 25 Aug. 1660.
The Case of Fox, 30 Aug. 1660.
Of the Transporters of Wool, 9 Novem. 1660.
Of Philips, 13 Novem. 1660.
Of Commissioner Pett, 31 Oct. 19 Car. 1660.
All which Cases, in the Journals of 1660, and 19 Car. II. were read.
Persons ordered into Custody.
And the House being informed, that several of the Prisoners in the Tower were now bailing in the Court of King's Bench, being brought thither by the Governor of the Tower, by virtue of a Habeas Corpus awarded for that Purpose; particularly Sir Thomas Jenner, Mr. Richard Graham, and Mr. Philip Burton.
Ordered, That Sir Thomas Jenner, Mr. Richard Graham, and Mr. Philip Burton, be immediately brought to this House, by the Governor of the Tower; to answer such Matters as shall be objected against them.
And Mr. Speaker issued his Warrant accordingly: And the same was sent by the Serjeant at Arms attending the House.
Sir T. Jenner.
Afterwards, the Serjeant acquainted the House, That Sir Thomas Jenner was bailed and gone out of Court; and that Mr. Graham was bailing in the Court; and that, notwithstanding, he had delivered the Warrant to the Governor of the Tower; and that he was coming with Mr. Graham and Mr. Burton.
Ordered, That Sir Thomas Jenner be sent for in Custody of the Serjeant at Arms attending this House; to answer to such Matters as shall be objected against him.
Burton and Graham.
The House being informed, that Mr. Burton and Mr. Graham were at the Door;
They were severally called in to the Bar of the House; and charged with the several Matters mentioned in the said Report; and heard what they could say touching the same.
And being withdrawn;
Ordered, That Mr. Rich. Graham, and Mr. Philip Burton be committed to the Custody of the Serjeant at Arms attending this House, for several High Crimes and Misdemeanors objected against them.
Resolved, That a Committee be appointed to examine Witnesses against Mr. Graham and Mr. Burton, and to prepare a Charge against them.
And it is referred to Major Wildman, Sir Rob. Cotton, Mr. Paul Foley, Sir Wm. Williams, Sir Fra. Blake, Sir Wm. Ashurst, Mr. Attorney General, Mr. Christy, Sir Rob. Rich, Sir Wm. Poultney, Colonel Sackvile, Mr. Manwareing, Lord Pawlet, Sir Tho. Bloys, Mr. Garway, Mr. Burrard, Sir John Barker, Sir Walter Young, Sir John Knatchbull, Sir Tho. Middleton, Mr. Smith, Sir Rob. Sawyer, Mr. Solicitor General, Mr. Phil. Gell, Sir Tho. Barnadiston, Lord Colchester, Sir Math. Andrews, Mr. Thornhaw, Mr. Coningsby, Mr. Harley; or any Three of them: And they are to meet To-morrow, at Three of the Clock in the Afternoon, in the Speaker's Chamber.