House of Commons Journal Volume 9: 7 January 1681

Journal of the House of Commons: Volume 9, 1667-1687. Originally published by His Majesty's Stationery Office, London, 1802.

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'House of Commons Journal Volume 9: 7 January 1681', in Journal of the House of Commons: Volume 9, 1667-1687, (London, 1802) pp. 701-702. British History Online https://www.british-history.ac.uk/commons-jrnl/vol9/pp701-702 [accessed 17 March 2024]

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In this section

Veneris, 7 die Januarii, 1680.

Prayers.

Cowden's Estate.

ORDERED, That Mr. Treby and Mr. Draper be added to the Committee to whom the Bill for the Sale of the Estate of Joseph Cowden, deceased, is committed.

Committees.

Ordered, That all Committees that are discontinued, be revived; and do sit this Afternoon in the Places formerly appointed.

Sir William Scroggs' Impeachment.

The ingrossed Articles of Impeachment of Sir William Scroggs, Chief Justice of the Court of King's Bench, of High Treason, and other great Crimes and Misdemeanors, being read;

The same were carried up to the Lords by the Lord Cavendish.

Defaulter to Call of the House.

A Motion being made, That Mr. Serjeant Street, who made Default of attending the House at the Call thereof on Tuesday last, be admitted to sit in the House, without paying the Serjeant his Fees;

The House divide.

The Noes go forth.

Tellers, Mr. Buscawen, for the Noes, 87.
Mr. Buller,
Tellers, Sir Francis Russell, for the Yeas, 42.
Mr. Colt,

And so it passed in the Negative.

Ordered, That Mr. Serjeant Street be admitted to his Place in the House, paying the Serjeant at Arms his Fees.

Leave of Absence.

Ordered, That Mr. Lukener and Colonel Strangewaye have Leave to go into the Country for the Recovery of their Healths.

Vexatious Actions.

A Bill to prevent vexatious Actions was read the First time.

Resolved, That the Bill be read a Second time.

Brewers not to be Justices.

A Bill to prevent Brewers to be Justices of the Peace, in the Place where they exercise that Trade, was read the First time.

Resolved, That the said Bill be read a Second time.

Simony.

A Bill to prevent the Simony of one Person from prejudicing another, was read the First time.

Resolved, That the said Bill be read a Second time.

Superstitious Bequests.

A Bill for the better Discovery of Settlements of Estates, for superstitious Uses, was read a Second time.

Resolved, That the Bill be committed, upon the Debate of the House, to Mr. Serjeant Maynard, Mr. Paul Foley, Sir Robert Henley, Sir Francis Drake, Mr. Buscawen, Sir John Moreton, Mr. Fleetwood, Sir Robert Clayton, Sir William Estcourt, Mr. Arnold, Sir Richard Cust, Sir Leoline Jenkins, Mr. Buckley, Mr. Treby, Mr. Harbord, Sir William Cooper, Sir William Francklin, Sir Thomas Lee, Sir Henry Capell, Sir John Brookes, Mr. Onslow, Mr. Lutherell, Sir William Waller, Sir Trevor Williams, Mr. Windham, Sir John Newton, Mr. Bockland, Mr. Evelin, Sir John Trevor, Mr. Thomas Foley, Mr. White, Mr. Hamden, Mr. Hopkins, Mr. Leveson Gower, Sir Francis Winnington, Sir Gilbert Gerald, Mr. Duboys, Lord Brandon, Mr. Strode, Sir Thomas Player, Sir Thomas Meres, Mr. John Trenchard, Sir William Ellis, Sir William Yorke, Sir Francis Russell, Sir William Roberts, Sir George Hungerford, Mr. Slater, Mr. Papillon, Sir Samuel Bernardiston, Sir William Jones, Colonel Birch, Sir Henry Calverly, Mr. Love, Mr. Coningsby, Mr. Thompson, Sir John Hotham, Mr. Finch, Mr. Montague, Mr. Owen, and all the Members of the Long Robe: And all that come are to have Voices: And they are to meet at Three of the Clock this Afternoon, in the Speaker's Chamber.

Information of seditious Words.

The House being informed, That one John Fancourt had lately spoken certain seditious and dangerous Words, for which he had lately been secured in the City of Lincolne;

Ordered, That it be referred to the Committee appointed to receive Informations touching the Popish Plot, to examine the Matter of this Information; and to report the same, with their Opinions there in, to the House.

Privilege. Habeas Corpus for a person committed.

The House being informed, That Sir Richard Weston Knight, One of the Barons of the Court of Exchequer, had signed a Writ of Habeas Corpus, directed to the Serjeant at Arms attending this House, for the bringing before him Mr. Sherridan, who is in Custody of the said Serjeant at Arms; together with the Cause of his Taking and Detaining;

Ordered, That the House do take this Matter into Consideration To-morrow Morning, the first Business.

Resolutions in answer to King's Message.

The House then, according to their Order, entered into the Consideration of his Majesty's Message, sent to this House on Tuesday last.

Resolved, That it is the Opinion of this House, That there is no Security or Safety for the Protestant Religion, the King's Life, or the well constituted and established Government of this Kingdom, without passing a Bill for disabling James Duke of York to inherit the Imperial Crown of England and Ireland, and the Dominions and Territories thereunto belonging: And to rely upon any other Means or Remedies, without such a Bill, is not only insufficient, but dangerous.

Resolved, That his Majesty, in his last Message, having assured this House of his Readiness to concur in all other Means for the Preservation of the Protestant Religion, this House doth declare, That, until a Bill be likewise passed for excluding the Duke of York, this House cannot give any Supply to his Majesty, without Danger to his Majesty's Person, extreme Hazard of the Protestant Religion, and Unfaithfulness to those by whom this House is intrusted.

Resolved, That all Persons who advised his Majesty, in his last Message to this House, to insist upon an Opinion against the Bill for excluding the Duke of Yorke, have given pernicious Counsel to his Majesty; and are Promoters of Popery, and Enemies to the King and Kingdom.

Resolved, That it is the Opinion of this House, That George Earl of Hallifax is One of the Persons who advised his Majesty in his last Message to this House, to insist upon an Opinion against a Bill for excluding the Duke of York: And that he therein hath given pernicious Counsel to his Majesty; and is a Promoter of Popery, and an Enemy to the King and Kingdom.

Resolved, that an humble Address be presented to his Majesty, to remove Laurence Hyde Esquire, from his Majesty's Councils and Presence, and from his Office in the Treasury, for ever.

Resolved, Nemine contradicente, That an humble Address be presented to his Majesty, to remove Henry Marquis of Worcester from his Majesty's Presence and Councils, and all Offices and Employments of Honour and Profit, for ever.

Resolved, Nemine contradicente, That it is the Opinion of this House, That Henry Marquis of Worcester is One of the Persons who advised his Majesty, in his last Message to this House, to insist upon an Opinion against a Bill for excluding the Duke of York: That he therein hath given pernicious Counsel to his Majesty; and is a Promoter of Popery, and an Enemy to the King and Kingdom.

Resolved, Nemine contradicente, That it is the Opinion of this House, That Henry Earl of Clarendon is One of the Persons who advised his Majesty, in his last Message to this House, to insist upon an Opinion against a Bill for excluding the Duke of York: That he therein hath given pernicious Counsel to his Majesty; and is a Promoter of Popery, and an Enemy to the King and Kingdom.

Resolved, Nemine contradicente, That it is the Opinion of this House, That Lewis Earl of Feversham is a Promoter of Popery, and of the French Interest; and a dangerous Enemy to the King and Kingdom.

Resolved, That an humble Address be made to his Majesty, to remove Lewis Earl of Feversham from all military Offices and Commands, and from all other Publick Offices and Employments, and from his Majesty's Presence for ever.

A Motion being made, for an Address to his Majesty, to remove Edward Seymour Esquire from his Majesty's Presence and Councils;

Ordered, That the Debate concerning Mr. Seymour be adjourned to Monday Morning next.

Ordered, That the Committee appointed to prepare an Address to his Majesty, in Answer to his Majesty's Speech, do prepare an humble Address to his Majesty, upon the said Resolutions and Debate of the House.

Evidence against impeached Lords.

Information being given to the House, by the Chairman of the Committee appointed to prepare Evidence against the Popish Lords in the Tower, That one John Marshall, who is now in Custody, can give Information touching the Popish Plot;

Ordered, That the said John Marshall be forthwith delivered into the Custody of the Serjeant at Arms attending this House, in order to his Examination before the said Committee.

Resolutions against Loans without consent of the House.

Resolved, Nemine contradicente, That whosoever shall hereafter lend, or cause to be lent, by way of Advance, Money, upon the Branches of the King's Revenue arising by Customs, Excise, or Hearth-money, shall be judged to hinder the Sitting of Parliaments; and shall be responsible for the same in Parliament.

Resolved, Nemine contradicente, That whosoever shall accept or buy any Tally of Anticipation upon any Part of the King's Revenue; or whosoever shall pay such Tally hereafter to be struck; shall be adjudged to hinder the Sittings of Parliaments; and shall be responsible therefore in Parliament.

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