House of Commons Journal Volume 9
21 December 1678

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1802

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'House of Commons Journal Volume 9: 21 December 1678', Journal of the House of Commons: volume 9: 1667-1687 (1802), pp. 561-562. URL: http://www.british-history.ac.uk/report.aspx?compid=27722 Date accessed: 02 October 2014.


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Sabbati, 21 die Decembris, 1678.

Yarmouth Writ.

ORDERED, That Mr. Speaker do issue out his Warrant to the Clerk of the Crown, to make out a new Writ, for the Electing of a Burgess to serve in this present Parliament for the Borough of Yarmouth in the County of Southampton, in the room of Richard Lucy Esquire, deceased.

Riot at Hamersmith.

Ordered, That the Committee appointed to examine the Matter of the Riot committed by the Soldiers upon the Watch at Hamersmith, be revived; and do sit this Afternoon in the Place formerly appointed.

Lords Amendments to Supply Bill.

A Message from the Lords, by Sir Andrew Hacket and Sir John Francklyn;

Mr. Speaker, The Lords have commanded us to attend you with the Bill, intituled, An Act for granting a Supply to his Majesty of Two hundred and Six thousand Four hundred and Sixty-two Pounds Seventeen Shillings and Three-pence, for the effectual paying off and disbanding all the Forces raised, or brought over from foreign Parts into this Kingdom, since the Twenty-ninth of September 1677, with several Amendments: To which they desire the Concurrence of this House.

The House then proceeded to the Consideration of the said Amendments: Which were once read.

The First and Second Amendments being read a Second time;

And the Question being severally put, For agreeing with the Lords in the said Amendments;

It passed in the Negative.

The Third Amendment, being read a Second time, was, upon the Question, agreed to.

The rest of the Amendments, to the Twenty-sixth Line in the Sixteenth Skin, being read a Second time;

And the Question being severally put, For agreeing with the Lords in the said Amendments;

It passed in the Negative.

The Amendment in the Twenty-sixth Line of the Sixteenth Skin, being read a Second time, was, upon the Question, agreed to.

The next Amendment, being in the Fifteenth and Sixteenth Lines of the Seventeenth Skin, being read a Second time;

And the Question being put, For agreeing to the said Amendment;

It passed in the Negative.

The rest of the Amendments to the Three-and-twentieth Line of the Twentieth Skin, being read a Second time, were, upon the Question agreed.

The Amendment in the Three-and-twentieth Line of the Twentieth Skin, being read a Second time;

And the Question being put, For agreeing to the said Amendment;

It passed in the Negative.

The rest of the Amendments to the Eighteenth Line of the One-and-twentieth Skin, being read a Second time, were, upon the Question, agreed.

The Amendment in the Eighteenth Line of the Oneand-twentieth Skin, as also all the Amendments to the Four-and-twentieth Line of the Seven-and-twentieth Skin, being read a Second time;

And the Question being severally put, For agreeing to the said Amendments;

It passed in the Negative.

The Amendment in the Four-and-twentieth Line of the Seven-and-twentieth Skin, being read a Second time, was, upon the Question, agreed.

The last Amendment being for leaving out the Words in the Bill from the Word "Act" in the Twenty-sixth Line of the Twenty-seventh Skin, to the last "and" in the Thirtieth Line of the same Skin, being read a Second time;

And the Question being put, For agreeing to the said Amendment;

It passed in the Negative.

Ordered, That a Committee be appointed to prepare and draw up Reasons, to be offered at a Conference to be had with the Lords, Why this House cannot agree with the Lords in several Amendments made by the Lords to the Bill for granting a Supply to his Majesty, for paying off and disbanding the Forces.

And it is referred to Sir Wm. Coventry, Sir Tho. Lee, Sir Eliab Harvy, Mr. Vaughan, Mr. Solicitor General, Sir Tho. Littleton, Sir John Trevor, Sir Tho. Meres, Sir Rich. Temple, Mr. Sachaverell, Col. Birch, Mr. Hamden, Sir Robert Sawyer, Mr. Powle, Sir Tho. Clerges; or any Five of them.

House to sit P. M.

Ordered, That Sir John Talbot do go up to the Lords, and acquaint them, That this House does intend to sit this Afternoon; and desire that their Lordships will do the like;

Sir John Talbot acquaints the House, That he had delivered this Message to the Lords; and that the Lords had agreed to sit this Afternoon.

Earl of Danby's Impeachment.

Mr. Williams reports from the Committee appointed to draw up Articles of Impeachment against the Lord Treasurer, That the Committee had agreed upon several Articles: Which he read in his Place; and afterwards delivered the same in at the Clerk's . . . . . Where the same were read; and are as followeth;

Articles of Impeachment of High Treason, and other High Crimes and Misdemeanors, and Offences, against Thomas Earl of Danby, Lord High Treasurer of England.

I. THAT he hath traiterously encroached to himself Regal Power, by treating in Matters of Peace and War with Foreign Princes and Ambassadors, and giving Instructions to his Majesty's Ambassadors a broad, without communicating the same to the Secretaries of State, and the rest of his Majesty's Council; and against the express Declaration of his Majesty and his Parliament; thereby intending to defeat and overthrow the Provisions which had been deliberately made by his Majesty and his Parliament, for the Safety and Preservation of his Majesty's Kingdoms and Dominions.

II. That he hath traiterously endeavoured to subvert the ancient and well established Form of Government in this Kingdom; and instead thereof to introduce an arbitrary and tyrannical Way of Government. And the better to effect this his Purpose, he did design the Raising of an Army, upon Pretence of a War against the French King; and then to continue the same as a Standing Army within this Kingdom: And an Army being so raised, and no War ensuing, an Act of Parliament having passed to pay off and disband the same, and a great Sum of Money being granted for that End, he did continue this Army contrary to the said Act, and misemployed the said Money, given for disbanding, to the Continuance thereof; and issued out of his Majesty's Revenue divers great Sums of Money for the said Purpose; and wilfully neglected to take Security from the Paymaster of the Army, as the said Act required; whereby the said Law is eluded, and the Army is yet continued, to the great Danger and unnecessary Charge of his Majesty and the whole Kingdom.

III. That he, traiterously intending and designing to alienate the Hearts and Affections of his Majesty's good Subjects from his Royal Person and Government, and to hinder the Meeting of Parliaments, and to deprive his Sacred Majesty of their safe and wholesome Councils, and thereby to alter the Constitution of the Government of this Kingdom, did propose and negotiate a Peace for the French King, upon Terms disadvantageous to the Interest of his Majesty and his Kingdoms: For the Doing whereof he did endeavour to procure a great Sum of Money from the French King, for enabling of him to carry on and maintain his said traiterous Designs and Purposes, to the Hazard of his Majesty's Person and Government.

IV. That he is popishly affected; and hath traiterously concealed, after he had Notice, the late horrid and bloody Plot and Conspiracy contrived by the Papists, against his Majesty's Person and Government; and hath suppressed the Evidence, and reproachfully discountenanced the King's Witnesses in the Discovery of it, in favour of Popery; immediately tending to the Destruction of the King's Sacred Person, and the Subversion of the Protestant Religion.

V. That he hath wasted the King's Treasure, by issuing out of his Majesty's Exchequer, and several Branches of his Revenue, for unnecessary Pensions and secret Services, to the Value of Two hundred Thirty-one thousand Six hundred and Two Pounds, within Two Years: And that he hath wholly diverted, out of the known Method and Government of the Exchequer, One whole Branch of his Majesty's Revenue to private Uses, without any Account to be made of it to his Majesty in the Exchequer, contrary to the express Act of Parliament which granted the same: And he hath removed Two of his Majesty's Commissioners of that Part of the Revenue, for refusing to consent to such his unwarrantable Actings therein, and to advance Money upon that Branch of the Revenue, for private Uses.

VI. That he hath by indirect Means procured from his Majesty for himself, divers considerable Gifts and Grants of Inheritance of the ancient Revenue of the Crown, even contrary to Acts of Parliament.

The First Article being read a Second time;

The Question being put, That the Articles of Impeachment against the Lord Treasurer, be re-committed;

The House divide.

The Yeas go forth.

Tellers, Mr. Collingwood, for the Yeas, 135.
Mr. Charles Bertie,
Tellers, Col. Birch, for the Noes, 179.
Sir Tho. Clerges,

And so it passed in the Negative.

The Question being put, That Candles be brought in;

The House divide.

The Yeas go forth.

Tellers, Mr. Vane, for the Yeas, 165.
Sir John Mallett,
Tellers, Mr. Progers, for the Noes, 115.
Mr. May,

And so it was resolved in the Affirmative.

The Question being put, That the Word "traiterously" be left out of the first Article;

The House divide.

The Yeas go forth.

Tellers, Lord Latymer, for the Yeas, 141.
Mr. Coke,
Tellers, Sir John Lowther, for the Noes, 179.
Mr. May,

Resolved, That the Lord Treasurer be impeached upon the said Article.

The Question being put, That the House do now adjourn;

The House divide.

The Noes go forth.

Tellers, Sir Sam. Bernardiston, for the Noes, 170.
Sir Wm. Hickman,
Tellers, Sir Hen. Goodrick, for the Yeas, 143.
Sir John Reresby,

And so it passed in the Negative.

The Second Article being read a Second time;

Resolved, That the Lord Treasurer be impeached upon the said Article.

The Third Article being read a Second time;

Resolved, That the Lord Treasurer be impeached upon this Article.

The Fourth Article being read a Second time;

The Question being put, That the Lord Treasurer be impeached upon this Article;

The House divide.

The Noes go forth.

Tellers, Mr. Seymour, for the Noes, 119.
Mr. Winham,
Tellers, Lord Ashley, for the Yeas, 143.
Mr. Wharton,

And so it was resolved in the Affirmative.

The Fifth Article being read a Second time;

Resolved, That the Lord Treasurer be impeached upon this Article.

The Sixth Article being read a Second time;

Resolved, That the Lord Treasurer be impeached upon this Article.

Ordered, That the Articles of Impeachment against the Lord Treasurer be ingrossed: And that a Clause of saving Liberty to exhibit any Articles hereafter against him, and that he may be sequestered from Parliament, and committed to safe Custody, be prepared: And that Sir Henry Capell do carry up the Articles to the Lords on Monday next.

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