House of Commons Journal Volume 9: 20 December 1680

Lunæ, 20 die Decembris, 1680.

Prayers.

Cowdin's Estate.

A BILL for the Sale of the Estate of Joseph Cowdin, deceased, for the Payment of his Debts, and Raising of Portions for his Daughters, was read the First time.

Resolved, &c. That the Bill be read a Second time.

Privilege.

Ordered, That Samuel Cheaffin be summoned to answer, at the Bar of this House, for a Breach of Privilege by him committed against Sir John Guise, a Member of this House.

Address on the King's Speech.

Ordered, That the Committee, appointed to prepare an humble Address to his Majesty, in answer to his Majesty's Speech, do sit, and finish the said Address, Sitting the House.

Scotch Cattle.

Sir George Downing reports from the Committee to whom the Bill for prohibiting the Importation of Cattle from Scotland, was committed, that the Committee, having taken the same into their Consideration, had agreed to some Amendments to the same: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being twice read, were, with an Amendment made at the Table, upon the Question, severally agreed to.

Ordered, That the Bill, with these Amendments, be ingrossed.

Scotch Pedlars.

Ordered, That Leave be given to bring in a Bill to prevent Scotch Pedlars from coming into this Kingdom.

Importing Guns.

A Bill to prohibit the Importation of foreign Guns, was read the First time.

Resolved, That the Bill be read a Second time.

A Message from the Lords, by Mr. Baron Weston and Mr. Justice Charleton;

Tryals of Peers.

Mr. Speaker, The Lords have commanded us to return to you the Bill, intitutled, An Act for the better Regulating of the Tryals of the Peers of England: And to acquaint you, That, as to the First Amendment in the Sixteenth Line, their Lordships do agree; but that, as to the rest of the Amendments, the Lords do not agree.

Resolved, That this House will take these Amendments into Consideration, To-morrow Morning.

Committees.

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

Chisenhale's Estate.

A Bill for the Sale of the Manor of Billingford, and Lands in the County of Norfolk, for Payment of the Debts of Sir Edward Chisenhale, was read a Second time.

Resolved, That the said Bill be committed upon the Debate of the House, to Sir Samuel Bernardiston, Mr. White, Mr. Blunt, Sir John Otway, Sir John Newton, Mr. Barker, Mr. Colt, Mr. Evelin, Mr. Corryton, Mr. Vaughan, Mr. Bockland, Sir Gervase Elwes, Sir Philip Skippon, Sir Thomas Clarges, Mr. Papillon, Sir Gilbert Gerald, Sir Robert Carr, Serjeant Maynard, Mr. Grey, Mr. Cotton, Mr. Fleetwood, Sir John Hobbart, Lord Colraine, Mr. Love, Mr. Duboys, Sir Thomas Player; and all the Members that serve for the Counties of Norfolk, Suffolk, and Lancaster, and the several Boroughs therein: And they are to meet at Three of the Clock this Afternoon, in the Speaker's Chamber: And Mr. Lionel Plaiter is to have Notice and Time given him to attend the Committee: And the Committee is to inspect the several Settlements and Mortgages mentioned in the Bill: And they are impowered to send for Persons, Papers, and Records.

Army Accounts.

Ordered, That a Committee be appointed to receive and examine the Accompt of the Commissioners appointed, by a late Act of Parliament, to pay off and disband the Forces raised since the Twenty-ninth of September 1677; and make Report thereof to the House.

And it is referred to Mr. Onslow, Sir Francis Russell, Sir Robert Carr, Sir John Holman, Sir George Downing, Mr. Arnold, Mr. Papillon, Mr. Colt, Sir John Knight, Sir Thomas Bide, Mr. Pollixfen, Mr. Hamden, Sir Nicolas Pelham, Sir Samuel Bernardiston, Sir Henry Thompson, Mr. Evelin, Mr. Blunt, Lord Colraine, Mr. Duboys, Sir Christopher Musgrave, Mr. Love, Mr. Barker, Mr. Lewis, Mr. Bockland, Mr. Craddock, Mr. Vernon, Sir Robert Clayton, Sir Jonathan Keate, Sir John Clobery, Mr. Grey: And they are to meet at Three of the Clock this Afternoon, in the Speaker's Chamber:

Bexhill, &c. Manors.

A Bill for the better Payment of an Annuity or Rentcharge of One hundred and Thirty Pounds per Annum, out of the Manor of Bexhill in the County of Sussex, to the Use of the Poor of several Parishes, was read a Second time.

Resolved, That the Bill be committed to Mr. Onslow, Mr. Powle, Colonel Birch, Sir John Guise, Mr. Colt, Sir Trevor Williams, Mr. Arnold, Mr. Duboys, Mr. Evelin, Mr. Lutterell, Sir Thomas Bide, Sir Henry James, Mr. Mansell, Mr. Henley, Mr. Coryton, Mr. Foley, and all the Members that serve for the several Counties of Surrey and Sussex, and the several Boroughs therein: And they are to meet at Three of the Clock this Afternoon, in the Speaker's Chamber.

Privilege- Persons discharged.

A Petition of Henry Aulnett Esquire, was read.

Ordered, That the said Mr. Aulnett be brought to the Bar, and do receive the Censure of the House, upon his Knees, from Mr. Speaker; and be then discharged, paying his Fees.

Which was accordingly done.

A Petition of Thomas Herbert Esquire, was read.

Ordered, That the said Mr. Herbert be brought to the Bar, and do receive the Censure of the House, upon his Knees, from Mr. Speaker; and be then discharged, paying his Fees.

Which was done accordingly.

Bristoll Election.

Mr. Treby reports from the Committee of Elections and Privileges to whom the Matter of the Election for the City of Bristoll, was referred, That the Committee, having taken the same into their Consideration, had agreed upon Two Resolves: Which he read in his Place; and afterwards delivered them in at the Clerk's Table: Where the same being read, are as follows; viz.

Resolved, That Sir Robert Cann was not duly elected a Citizen to serve in this present Parliament for the City of Bristoll.

Resolved, That Robert Henly Merchant is duly elected a Citizen to serve in this present Parliament for the City of Bristoll.

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

Resolved, That this House doth agree with the Committee That Sir Robert Cann was not duly elected a Citizen to serve in this present Parliament for the City of Bristoll.

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

And the Question being put, That the House doth agree with the Committee in the said Resolve:

It passed in the Negative.

Resolved, That the Election for the City of Bristoll, as to Sir Robert Cann and Mr. Robert Henley, is void.

Mr. Treby further reports to the House, That Sir John Lloyd late Mayor, William Jackson, and William Clutterbuck Sheriffs, of the said City of Bristoll, did, at the time of the said Election, impose an Oath upon the Electors before they came to give their Voices, in these Words; viz.

"You shall swear, That you are a Freeman: And that you have not given your Voice already."

Ordered, That the said Sir John Lloyd, William Jackson, and William Clutterbuck, 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 at the said Election.

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 Citizen to serve in this present Parliament for the City of Bristoll.

Impeachment of Mr. Seymour.

The ingrossed Articles of Impeachment against Mr. Seymour, a Member of this House, being read;

Resolved, That the said Articles be sent up to the Lords.

Ordered, That Sir Gilbert Gerald do carry up the same to the Lords.

Address on the King's Speech.

Mr. Hamden reports from the Committee appointed to prepare an humble Address to his Majesty, upon the Debate of the House, in Answer to his Majesty's Speech, An Address agreed upon by the Committee: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being read, was, upon the Question, agreed to; and is as follows;

May it please your Most Excellent Majesty,

WE Your Majesty's most Dutiful and Loyal Subjects the Commons, in this present Parliament assembled, have taken into our serious Consideration Your Majesty's Gracious Speech to both Your Houses of Parliament, on the Fifteenth of this Instant December; and do with all the grateful Sense of faithful Subjects, and sincere Protestants, acknowledge Your Majesty's great Goodness to us, in renewing the Assurances You have been pleased to give us, of Your readiness to concur with us in any Means for Security of the Protestant Religion; and Your gracious Invitation of us to make our Desires known to Your Majesty.

But with grief of Heart, we cannot but observe, that to these Princely Offers Your Majesty has been advised, by what secret Enemies to your Majesty and Your People we know not, to annex a Reservation, which, if insisted on, in the Instance to which alone it is applicable, will render all Your Majesty's other gracious Inclinations of no Effect or Advantage to us.

Your Majesty is pleased thus to limit Your Promise of Concurrence in the Remedies which shall be proposed; That they may consist with preserving the Succession of the Crown, in its due and legal Course of Descent: And we do humbly inform your Majesty, That no Interruption of that Descent has been endeavoured by us, except only the Descent upon the Person of the Duke of Yorke; who by the wicked Instruments of the Church of Rome, has been manifestly perverted to their Religion. And we do humbly represent to Your Majesty, as the Issue of our most deliberate Thoughts and Consultations, That for the Papists to have their Hopes continued, that a Prince of that Religion shall succeed in the Throne of these Kingdoms, is utterly inconsistent with the Safety of Your Majesty's Person, the Preservation of the Protestant Religion, and the Prosperity, Peace, and Welfare, of Your Protestant Subjects.

That Your Majesty's Sacred Life is in continual Danger, under the Prospect of a Popish Successor, is evident, not only from the Principles of those devoted to the Church of Rome, which allow, that an Heretical Prince (and such they term all Protestant Princes), excommunicated and deposed by the Pope, may be destroyed and murdered; but also from the Testimonies given in the Prosecution of the horrid Popish Plot, against divers Traitors attainted for designing to put these accursed Principles into Practice against Your Majesty.

From the Expectation of this Succession, has the Number of Papists in Your Majesty's Dominions so much increased within these few Years, and so many been prevailed with to desert the true Ptotestant Religion; that they might be prepared for the Favours of a Popish Prince, as soon as he should come to the Possession of the Crown: And while the same Expectation lasts, many more will be in the same Danger of being perverted.

This it is that has hardened the Papists of this Kingdom, animated and confederated by their Priests and Jesuits, to make a common Purse, provide Arms, make Application to foreign Princes, and solicit their Aid for imposing Popery upon Us: And all this even during your Majesty's Reign; and while your Majesty's Government, and the Laws, were our Protection.

It is Your Majesty's Glory, and true Interest, to be the Head and Protector of all Protestants, as well Abroad, as at Home: But, if these Hopes remain, What Alliances can be made for the Advantage of the Protestant Religion and Interest, which shall give Confidence to your Majesty's Allies to join so vigorously with your Majesty, as the State of that Interest in the World now requires; while they see this Protestant Kingdom in so much Danger of a Popish Successor; by whom, at the present, all their Counsels and Actions may be eluded (as hitherto they have been); and by whom (if he should succeed) they are sure to be destroyed?

We have thus humbly laid before Your Majesty some of those great Dangers and Mischiefs which evidently accompany the Expectation of a Popish Successor: The certain and unspeakable Evils which will come upon Your Majesty's Protestant Subjects, and their Posterity, if such a Prince should inherit, are more also than we can well enumerate: Our Religion, which is now so dangerously shaken, will then be totally overthrown: Nothing will be left, or can be found, to protect or defend it: The Execution of old Laws must cease; and it will be vain to expect new ones: The most sacred Obligations of Contracts and Promises (if any should be given) that shall be judged to be against the Interest of the Romish Religion, will be violated; as is undeniable, not only from Argument and Experience elsewhere, but from the sad Experience this Nation once had, on the like Occasion. In the Reign of such a Prince, the Pope will be acknowledged supreme (though the Subjects of this Kingdom have sworn the contrary); and all Causes, either as Spiritual, or in order to Spiritual Things, will be brought under his Jurisdiction: The Lives, Liberties, and Estates of all such Protestants, as value their Souls, and their Religion, more than their secular Concernments, will be adjudged forfeited.

To all this we might add, That it appears in the Discovery of the Plot, that foreign Princes were invited to assist in securing the Crown to the Duke of York; with Arguments, from his great Zeal to establish Popery, and to extirpate Protestants (whom they call Hereticks) out of his Dominions: And such will expect performance accordingly.

We further humbly beseech Your Majesty, in Your great Wisdom, to consider, Whether, in case the Imperial Crown of this Protestant Kingdom should descend to the Duke of York, the Opposition which may possibly be made to his possessing it, may not only endanger the farther Descent in the Royal Line, but even Monarchy itself.

For these Reasons, We are most humble Petitioners to Your most Sacred Majesty, that, in tender Commiseration of Your poor Protestant People, Your Majesty will be graciously pleased to depart from the Reservation in Your said Speech: And, when a Bill shall be tendered to Your Majesty, in a Parliamentary Way, to disable the Duke of York from inheriting the Crown, Your Majesty will give Your Royal Assent thereto: And, as necessary to fortify and defend the same, that Your Majesty will likewise be graciously pleased to assent to an Act, whereby Your Majesty's Protestant Subjects may be enabled to associate themselves for the Defence of Your Majesty's Person, the Protestant Religion, and the Security of Your Kingdoms.

These Requests we are constrained humbly to make to Your Majesty, as of absolute Necessity, for the safe and peaceable Enjoyment of our Religion. Without these Things the Alliances of England will not be valuable, nor the People encouraged to contribute to Your Majesty's Service.

As some farther Means for the Preservation both of our Religion and Property, we are humble Suitors to Your Majesty, That from henceforth, such Persons only may be Judges within the Kingdom of England, and Dominion of Wales, as are Men of Ability, Integrity, and known Affection to the Protestant Religion: And that they may hold both their Offices and Salaries quam diu se bene gesserint: That (several Deputy Lieutenants, and Justices of the Peace, fitly qualified for those Employments, having been of late displaced, and others put in their room, who are Men of arbitrary Principles, and Countenancers of Papists and Popery) such only may bear the Office of a Lord Lieutenant as are Persons of Integrity, and known Affection to the Protestant Religion: That Deputy Lieutenants, and Justices of the Peace, may be also so qualified; and may be, moreover, Men of Ability, of Estates, and Interest in their Country: That none may be employed as Military Officers, or Officers in Your Majesty's Fleet, but Men of known Experience, Courage, and Affection to the Protestant Religion.

These our humble Requests being obtained, we shall, on our Part, be ready to assist Your Majesty for the Preservation of Tangier; and for putting your Majesty's Fleet into such a Condition, as it may preserve Your Majesty's Sovereignty of the Seas, and be for the Defence of the Nation. If Your Majesty hath or shall make any necessary Alliances, for Defence of the Protestant Religion and Interest, and Security of this Kingdom, this House will be ready to assist and stand by Your Majesty in the Support of the same.

After this our humble Answer to Your Majesty's gracious Speech, we hope, no evil Instruments whatsoever shall be able to lessen your Majesty's Esteem of that Fidelity and Affection we bear to Your Majesty's Service; but that Your Majesty will always retain, in Your Royal Breast, that favourable Opinion of us Your Loyal Commons, that those other good Bills which we have now under Consideration, conducing to the great Ends we have before mentioned; as also, all Laws for the Benefit and Comfort of Your People, which shall from time to time be tendered for Your Majesty's Royal Assent; shall find Acceptance with Your Majesty.

Ordered, That such Members of this House as are of his Majesty's most honourable Privy Council, be desired to know his Majesty's Pleasure, When this House may attend him with an Address.

Judges Proceedings.

Ordered, That the Chairman of the Committee appointed to examine the Proceedings of the Judges in Westminster Hall, do make Report of the Matters to them referred, To-morrow Morning.

Protestant Dissenters.

Ordered, That the Two Bills for the Ease of Protestant Dissenters be read To-morrow Morning.

Banishing Papists.

Ordered, That Sir Francis Winnington do, on Thursday Morning next, bring in a Bill for banishing all the considerable Papists of England, out of his Majesty's Dominions.

Ordered, That the Knights of the respective Shires, Citizens of Cities, Burgesses of Boroughs, and Barons of the Cinque Ports, do, in the mean time, bring in Lists of all the considerable Papists within the several Counties, Cities, Boroughs, and Cinque Ports.

Sidney's Petition.

A Petition of Algernon Sidney Esquire being presented to this House;

Ordered, That the said Petition be read To-morrow Morning.

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