House of Commons Journal Volume 9: 20 November 1680

Sabbati, 20 die Novembris, 1680.

Prayers.

Rectifying Order for a Warrant.

INFORMATION being given to the House, That Mr. William Stawell was Foreman of the Grand Jury for the County of Devon the last Summer Assizes; and that by a Mistake, Mr. Colman was ordered to be sent for in Custody instead of the said Mr. Stawell;

Ordered, That Mr. Coleman's Name be struck out of the Warrant directed to the Serjeant at Arms attending this House; and that Mr. Stawell's Name be inserted instead thereof.

Privilege.

A Complaint being made of a Breach of Privilege committed against Mr. Ayloffe, a Member of this House, by John Dundridge, in arresting and detaining in Custody James Newman, menial Servant to the said Mr. Ayloffe, at the Suit of Richard Rawlins;

Ordered, That the said John Dandridge and Richard Rawlins be sent for in Custody of the Serjeant at Arms attending this House; to answer, at the Bar of this House, for the said Breach of Privilege.

Scotch Cattle.

The Question being put, That the Bill against the Importation of Cattle from Scotland, be now read a Second time;

The House divide.

The Noes go forth.

And so it was resolved in the Affirmative.

The Bill being read.

Resolved, That the Bill be committed to Sir Godfrey Copley, Sir John Newton, Sir Trevor Williams, Mr. Seymour, Mr. Dutton Colt, Sir Richard Greaimes, Sir Richard Cust, Mr. Paul Foley, Sir George Downing, Mr. Wright, Mr. White, Sir John Stonehouse, Mr. Love, Sir John Wynne, Mr. Serjeant Rigby, Sir Thomas Clarges, Sir Samuel Bernardiston, Sir William Yorke, Sir Robert Henley, Sir John Trevor, Mr. Slaughter, Sir John Clobery, Sir Robert Markham, Mr. Duboys, Sir William Ellis, Lord Brandon, Mr. Pilkington, Mr. Palmes, Sir Peter Gleane, Mr. Stockdale: 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.

Privilege.

Information being given to the House, That George Eyles had committed a Breach of Privilege against Sir Patience Ward, a Member of this House;

Ordered, That the said George Eyles be sent for in Custody of the Serjeant at Arms attending this House; to answer, at the Bar of this House, for the said Breach of Privilege.

Answers to Addresses.

Mr. Secretary Jenkins acquaints the House, That, in pursuance of the Orders of this House, his Majesty had been attended by such Members thereof as are of his Majesty's Privy Council, with several Addresses from this House:

That, as to the Address relating to Sir George Jefferyes; after the same, together with the Order and Resolves of this House, were read to his Majesty, his Majesty was pleased to return Answer, That he will consider of it.

That his Majesty, upon presenting the Address for some Allowance to Mr. Lewis, and for a general Pardon to him, and all the rest of the Persons that have given Information relating to the Popish Plot, for all Crimes and Misdeameanors whatsoever, his Majesty was pleased to answer, That his Majesty's Pardon should extend to all Crimes and Misdemeanors whatsoever by them committed to this time; Perjury only excepted.

That his Majesty was further pleased to answer, That Consideration should be had of Mr. Lewis for some reasonable Allowance to him.

That, as to the Address relating to Mr. Smith, for some Ecclesiastical Preferment, his Majesty would have him in Consideration.

That, as to the Address concerning Mr. Hetherington, and the rest of the Witnesses touching the Popish Plot in Ireland, his Majesty, in regard that the Number and Circumstances of those Persons are not yet well known, had referred the Consideration thereof to the Lords Commissioners of the Treasury.

Further Address for Pardons.

Resolved, That a further Address be made from this House to his Majesty, by such Members thereof as are of his Majesty's most honourable Privy Council, to desire his Majesty, That the Pardons granted to the several Persons, for whom Application had been already made to his Majesty by this House, may extend to all Crimes and Misdemeanors whatsoever by them committed, to the last time of their respective Discoveries, respectively.

Right of Petitioning.

Mr. Trenchard reports from the Committee to whom it is referred to inquire after such Persons as have offended against the Rights of the Subject to petition his Majesty for the Sitting of the Parliament, That the Committee had ordered him to make the following Report; viz.

That, Information being given to the said Committee, That Examinations were taken, upon Oath, in the County of Monmouth, by Five Justices of the Peace of the said County; viz. James Herbert, Henry Baker, William Herbert, William Jones, and Robert Gunter, Esquires; against John Arnold Esquire, for procuring Subscriptions to a certain Petition to be presented to his Majesty, for the Sitting of the Parliament; which said Examinations were sent up to the Council Table by the said Justices, and there exhibited in Charge, as an Article against the said Mr. Arnold; and was subscribed by one Thomas Herbert Esquire, who undertook to prosecute the same; and that the Committee desired the Direction of the House therein.

And further reported, That the Committee had agreed upon Two Resolves: Which are as followeth;

Resolved, That this Committee is of Opinion, That Mr. Thomas Staples, by obstructing Petitioning to his Majesty for the Sitting of this Parliament, and declaring his Dislike and Abhorrence of such Petitioning, hath betrayed the Rights of the Subject.

Resolved, That this Committee is of Opinion, That Sir Thomas Holt, Serjeant at Law, by obstructing Petitioning to his Majesty for the Sitting of this Parliament, and declaring his Dislike and Abhorrence of such Petitioning, hath betrayed the Rights of the Subject.

Which Report he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being read;

The House taking into Consideration the Matter specially reported;

Ordered, That Mr. Thomas Herbert be sent for in Custody of the Serjeant at Arms attending this House; to answer, at the Bar of this House, for the Misdemeanors by him committed against the Privilege of this House.

The First of the said Resolves being read a Second time to the House;

Resolved, That this House doth agree with the Committee, That the said Mr. Thomas Staples, by obstructing Petitioning to his Majesty for the Sitting of this Parliament, and declaring his Dislike and Abhorrence of such Petitioning, hath betrayed the Rights of the Subject.

The Second of the said Resolves being read a Second time to the House;

Resolved, That this House doth agree with the said Committee, That Sir Thomas Holt, by obstructing Petitioning to his Majesty for the Sitting of this Parliament, and declaring his Dislike and Abhorrence of such Petitioning, hath betrayed the Rights of the Subject.

Ordered, That Mr. Thomas Staples and Sir Thomas Holt be sent for in Custody of the Serjeant at Arms attending this House; to answer, at the Bar of this House, for the Misdemeanors by them committed against the Privilege of this House.

Popish Plot.

Mr. Treby acquaints the House, That, pursuant to the Order of the House, he hath prepared an Abstract, in Writing, of the several Letters and Papers in his Custody, relating to the Popish Plot.

Ordered, That the said Letters and Papers be printed: And it is recommended to Mr. Treby to take Care therein.

Impeachment of Mr. Seymour.

Sir Gilbert Gerald acquaints the House, That he had Articles of Impeachment of High Crimes, Misdemeanors, and Offences, against Edward Seymour Esquire, a Member of this House: Which he delivered in at the Clerk's Table: And the same, being there read, are as followeth;

Articles of Impeachment of High Crimes, Misdemeanors, and Offences, against Edward Seymour Esquire, One of his Majesty's most honourable Privy Council, Treasurer of his Majesty's Navy, and One of the Members of the House of Commons now in Parliament assembled.

IMPRIMIS, That, whereas the Sum of Five hundred Eighty-four thousand Nine hundred Seventy-eight Pounds Two Shilling Two-pence was raised by an Act of Parliament for the speedy Building of Thirty Ships of War, and thereby appropriated to the said Use; by which Act it was particularly directed, That the Treasurer of the Navy should keep all Monies, paid to him by virtue of the said Act, distinct and apart from all other Monies; and should issue and pay the same by Warrant of the principal Officers and Commissioners of the Navy, or any Three or more of them; and mentioning and expressing, That it is for the Building, for the Guns, Rigging, and other Furnishing, of the said Thirty Ships of War, and to no other Use, Intent, or Purpose whatsoever; he the said Edward Seymour, on or about the Year One thousand Six hundred Seventy-seven, being then Treasurer of the Navy, did, contrary to the said Act, and contrary to the Duty of his said Office, lend the Sum of Ninety thousand Pounds, at Eight per Cent. Parcel of the said Sum raised by the said Act, being then in his Hands, for and toward the Support and Continuance of the Army then raised, after such time, as by an Act of Parliament the said Army ought to have been disbanded; whereby the said Two several Acts were eluded; and the said Army was continued and kept on Foot, to the great Disturbance, Hazard, and Danger of the Peace, and Safety of this Kingdom: And the Nation was afterwards put to a new Charge of raising and paying the Sum of Two hundred thousand Pounds, for the Disbanding of the said Army.

Secondly, That, whereas an Act of Parliament had passed for Raising of Money by a Poll, for enabling his Majesty to enter into an actual War against the French King; and the Money, raised by virtue of the said Act, was thereby appropriated to the said Use, and to the Repayment of such Persons as shall furnish his Majesty with any Sums of Money, or any Stores necessary for the said Service: And whereas certain Eastland Merchants were desired by his Majesty's Officers to furnish and supply great Quantities of Stores for the Navy; and as an Encouragement thereunto, were assured, That the Sum of Forty Thousand Pounds, Parcel of the said Monies raised by the said Act, was at that time actually in the Hands of the said Edward Seymour; which he did acknowledge so to be; and did promise, that the said Sum should be paid to the said Merchants, in Part of Satisfaction for the said Stores, which they did furnish upon the Credit of the said Affirmation and Undertaking: He the said Edward Seymour did, on or about the Year One thousand Six hundred Seventy-eight, issue out and pay the said Sum to the Victuallers of the Navy, by way of Advance, and for Provisions not then brought in, contrary to the true Intent and Meaning of the said Act; whereas the same, by the Provision of the said Act, ought to have been paid to the Eastland Merchants who had furnished his Majesty with Flax, Hemp, and other Necessaries, for the said Service: Of which said Deceit and Injustice the said Merchants did complain in the last Parliament.

Thirdly, That the said Edward Seymour being Treasurer of the Navy, and then and still having a Salary of Three thousand Pounds per Annum clear for the same, did, during the Time he was Speaker of the late Long Parliament, receive, out of the Monies provided for secret Service, the yeary Sum of Three thousand Pounds, over and above his said Salary; which was constantly paid to him, as well during the Intervals, as the Sessions of Parliament; and particularly during the Prorogation of Fifteen Months.

Fourthly, That, on or about the Eighteenth Year of his Majesty's Reign, and during a War with the States General of the United Netherlands, he the said Edward Seymour, being then One of the Commissioners for Prize Goods, did fraudulently, unlawfully, and, in Deceit of his Majesty, unlade a certain Prize Ship, taken from the Subjects of the said States, without any Order or Authority for the same; and did house the Lading and Goods of the said Ship, and lock up the same, without the Presence of any Storekeeper; and did afterwards sell the same, pretending the same to be only Muscavado Sugars; and did account with his Majesty for the same, as such; whereas, in truth, the said Ship was laden with Cochineal and Indico, rich Merchandizes of a great Value.

Ordered, That Mr. Seymour have a Copy of the said Articles: And that he do make his Answer thereunto on Thursday Morning next.

Popish Plot-execution of a Warrant.

Colonel Birch reports from the Committee to whom the Petition of Sir Thomas Whitgrave, Francis Eld, and Sampson Birch, was referred, That the Committee had agreed upon a Report: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being read, is as followeth;

That the Committee, upon Examination of the Information against Francis Eld, Lieutenant of some of the Trained Bands in Staffordshire, touching his neglecting to make a full Search in Taxall House, upon the Discovery of the late Plot; and upon Hearing of the said Eld's Defence to the said Information; the said Eld did confess the Information given by Mr. Dugdale to be true: But saith, That his Warrant, given him under the Deputy Lieutenant's Hands, was only to search for offensive Arms of War; and that he was to take to his Assistance a Constable, or other Civil Officer: Which Warrant he produced: And accordingly, he taking a Constable with him, when he brought his Men into the Lord Alston's Hall at Taxall, the Constable slipped away; and he could by no means meet with him again: So that the said Eld conceived himself incapacitated to make such a Search as he desired. Which the Committee considering of; and, finding him the said Eld to be a sober Protestant; and that this Neglect was not done purposely, with Favour to the Papists; but that the said Eld is an Enemy to the Popish Faction; are humbly of Opinion, that the said Francis Eld be discharged from his Restraint.

Resolved, That the said Francis Eld be discharged from the Custody of the Serjeant at Arms.

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