House of Commons Journal Volume 9: 23 December 1678

Lunæ, 23 die Decembris, 1678.

Prayers.

Leave of Absence.

ORDERED, That Sir Francis Wenman have Leave to go into the Country for Twenty Days.

Answer concerning Mr. Montagu.

Mr. Chancellor of the Exchequer acquaints the House, That his Majesty having received an Address of this House, desiring his Majesty to inform the House, Whether the Information against Mr. Montagu was taken upon Oath, and of what Nature the Offence was that was complained of; his Majesty had commanded him to present several Letters to the House for their Information: Which Letters were, by Mr. Speaker, read to the House.

Earl of Danby's Impeachment.

A Clause of saving Liberty to this House, to exhibit any further Articles against the Lord Treasurer, prepared by Order of the House, was twice read; and with an Amendment made at the Table upon the Question, agreed; and is as followeth;

FOR which Matters and Things, the Knights, Citizens, and Burgesses of the House of Commons, in Parliament, do, in the Name of themselves, and of all the Commons of England, impeach the said Thomas Earl of Danby of High Treason, and other High Crimes, Misdemeanours and Offences in the said Articles contained. And the said Commons, by Protestation, saving to themselves the Liberty of exhibiting at any Time hereafter any other Accusation or Impeachment against the said Earl, and also of replying to the Answers which the said Thomas Earl of Danby shall make to the Premises, or any of them, or any Impeachment or Accusation that shall be by them exhibited, as the Cause, according to Course and Proceedings of Parliament, shall require, do pray, that the said Thomas Earl of Danby may be put to answer all and every the Premises; that such Proceedings, Examinations, Tryals, and Judgments, may be upon them, and every one of them, had and used, as shall be agreeable to Law and Justice; and that he may be sequestered from Parliament, and forthwith committed to safe Custody.

Ordered, That the said Clause be ingrossed with the Articles.

Ordered, That the Lord Cavendish, Mr. Peregrine Bertie, Mr. Sachaverell, Mr. Williams, Mr. Vaughan, Sir Charles Wheeler, Sir Henry Goodrick, Sir John Ernle, or any Two of them, do immediately withdraw and examine the ingrossed Articles of Impeachment against the Lord Treasurer, with the Paper Draught.

House to sit P. M.

Ordered, That Sir Wm. Hickman do go up to the Lords, and acquaint them, That this House intends to sit this Afternoon; and to desire their Lordships to do the like.

Sir Wm. Hickman acquaints the House, That he had attended the Lords with the Message; and that the Lords had agreed to sit this Afternoon.

Earl of Danby's Impeachment.

Mr. Williams acquaints the House, That the Persons appointed had examined the Ingrossment of the Articles of Impeachment against the Lord Treasurer: And that it did agree with the Paper Draught.

Leave of Absence.

Ordered, That Sir Wm. Portman, and Sir Richard Everard have Leave to go into the Country till Saturday next.

Ordered, That Sir Richard Temple have Leave to go into the Country.

Address for the King's Safety.

Resolved, That an Address be made to his Majesty, humbly to desire his Majesty to have a greater Regard and Care to the Safety and Preservation of his Person.

Resolved, That this House will attend his Majesty with the said Address.

Ordered, That such Members of this House, as are of his Majesty's Privy Council, do immediately attend his Majesty, and know his Pleasure, When this House may attend his Majesty with the said Address.

Sir Thomas Chichely acquaints the House, That he had attended his Majesty, to know his Pleasure, When this House may attend him with the Address: And that his Majesty returned Answer, That he would send Word when this House should attend him.

Executions for High Treason.

A Debate arising in the House, concerning the Delay in executing several Persons for High Treason;

Resolved, That the said Debate be adjourned till Thursday Morning next, Ten of the Clock.

Lords Amendments to Supply Bill.

Mr. Powle reports from the Committee appointed to draw up Reasons to be offered at a Conference to be had with the Lords, Why this House does not agree to several Amendments made by the Lords to the Bill for granting a Supply to his Majesty, for the effectual paying off and disbanding the Forces that have been raised or brought over from foreign Parts into this Kingdom, since the Twenty-ninth of September 1677, That the Committee had agreed to several Reasons: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where they were twice read; and, upon the Question, severally agreed: And are as followeth;

1. That the Appointment of the Receiver General, by his Majesty, being made by their Lordships, in reference to the Payment of the Money into the Exchequer, the Commons disagreeing with their Lordships in That Amendment, the Reason of that Appointment ceases.

2. That if there should be any Defect or Delay in the Nomination of the Receiver General, the whole Business of Disbanding might be disappointed or deferred.

3. That the Commons having the last Sessions granted a Sum of Money for the Disbanding of the Army, and intrusted it in the Exchequer, the Money had been issued for the Continuance of the Army, without ever disbanding any one Man, as far as they can understand: And the Commons cannot think it safe, to trust the Money into the Exchequer again; it remaining in the Managery of the same Persons.

4. That the Commons having disposed of the Payment of the Money into the Chamber of London, the better to secure it from being misemployed, your Lordships have not, at any time heretofore, altered or changed any such Disposition made in a Supply granted by the Commons.

5. That the Commons do not see any Occasion for the Addition of these Words in this Place; because it is sufficiently provided for in a general Clause, in another Part of the Bill: And if they were necessary here, they ought to be likewise added in several other Places.

6. That Colonel Birch had a Commission under the King to be a Colonel; and had the actual Command of a Regiment, after his Majesty's Restauration, till they were disbanded; and it is usual to give any Man that hath had such a Command the Title of Colonel ever after: And your Lordships have done the same immediately before to Colonel Whitley.

7. That the Commons, conceiving it necessary for the Peace and Safety of the Kingdom, that the Army should be immediately disbanded, have thought fit to prevent all Ways that have been or may be used to continue it; and have therefore enumerated all those particular Ways, by which some former Acts have been evaded, that thereby they might be declared to be within the Penalties of this present Act.

8. That, it being so highly necessary for the Peace of the Kingdom, that these Soldiers should disperse immediately after their Disbanding, it is requisite to express the Penalty which they should incur, in case of Disobedience: And the Commons do not think the Penalty of Felony too great, since if they should continue together in greater Numbers, it may be the Occasion of many Murders, Robberies, and other Felonies.

9. That the Commons think fit to continue the Preamble to the Clause of Imdemnity, because it contains the Reasons which induced the Commons to insert it into the Bill.

10. That, the Commons not agreeing to your Lordships in leaving out the Preamble, the Word "such" is necessary to be continued; because it relates to it.

11. The Commons, not thinking fit to agree to the former Amendments of your Lordships, cannot agree to This, which wholly depends upon them.

12. That this being an Act for the more effectual disbanding the Army, the Commons did limit the Indemnity to the Officers and Soldiers, being the Persons that were to be disbanded; that thereby they might be the more encouraged to disperse, when they were satisfied they might return home with Safety: And the Commons conceive it is not either necessary or convenient to extend it any further.

13. The Commons having restrained the Indemnity to the Officers and Soldiers only, they conceive this Alteration to be unnecessary.

14. That the Commons do not think fit to extend the Indemnity to any Persons listed or mustered since the First of November last; because they see no Occasion why any such Persons should be taken into the Army, unless it were to increase the Charge, or some other ill Purpose.

Popish Plot.

Ordered, That the Committee of Secrecy, appointed to prepare and draw up Articles of Impeachment against the Five Lords, or any Three of them, do repair to the Prison and take the Examination of Mr. Praunce, relating to the Plot and Conspiracy against his Majesty's Person and Government, and the Murder of Sir Edmundbury Godfrey.

And then the House adjourned till Four of the Clock in the Afternoon.

Post Meridiem.

Conference desired with Lords.

ORDERED, That a Conference be desired with the Lords, upon the Amendments by them made to the Bill, for granting a Supply to his Majesty, for the effectual paying off and disbanding the Forces raised, and brought over from foreign Parts into this Kingdom, since the Twenty-ninth of September 1677: And that the Lord Clifford do go up to the Lords to desire the Conference.

Farl of Danby's Impeachment.

Sir Henry Capell acquaints the House, That he had attended the Lords with the Articles of Impeachment against the Lord Treasurer; and had delivered the same into the Hands of the Lord Chancellor.

Lords agree to Conference.

The Lord Clifford acquaints the House, That he had attended the Lords with the Message for a Conference: And that the Lords had agreed to a Conference, on Thursday next, at Eleven of the Clock in the Forenoon, in the Painted Chamber.

Popish Plot.

Ordered, That the Committee of Secrecy, appointed to examine Mr. Praunce, do impart to the Prisoners in Newgate the Contents of his Majesty's Proclamation, in relation to the Discovery of the Plot against his Majesty's Person and Government.

Bills against Popery.

Ordered, That the Committee to whom the Bills against Popery are committed be revived: and do sit To-morrow Morning at Ten of the Clock, in the Place formerly appointed.

And then the House adjourned till Thursday Morning, Eight of the Clock.