Lunæ, 23 die Decembris, 1678.
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
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
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
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
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
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.
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.
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.
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
And then the House adjourned till Thursday
Morning, Eight of the Clock.