Lunæ, 29 die Aprilis; 1° Willielmi et Mariæ.
Nassau's, &c. Nat.
A BILL for Naturalizing Henry de Nassau, and
others, was read the Third time.
Resolved, That the Bill do pass: And that the Title
be, An Act for the Naturalization of Henry de Nassau,
Ordered, That Sir Robert Cotton do carry the Bill up
to the Lords, for their Concurrence.
Bailing and Escape of Brent.
Mr. Cristy reports from the Committee, to whom the
whole Matter of Fact relating to the Bailing of Mr.
Robert Brent was referred to be examined, and particularly to examine Sir James Smith touching the same,
That the Committee oftentimes met, and examined divers
Witnesses, and Sir James Smith himself, touching the
Commitment and Bailing Mr. Brent: And
That they find, That Mr. Brent was taken and
imprisoned the Fourteenth Day of January 1688, by
the said Sir James Smith's personal Assistance of Sir Wm.
Waller; and that the said Sir James Smith made his
Mittimus, directed to the Keeper of the Poultry Compter,
in these Words, viz.
"Receive into your Custody the Body of Robert Brent,
Esquire, being a Roman Catholick, and charged before me
with High Treason, for assisting and aiding, and abetting
divers Romish Priests and Jesuits, in their several Treasons against the Laws of this Realm; and for conspiring
the Subversion of the Protestant Religion in this Kingdom,
and aiding the Pope's Nuncio therein; and for endeavouring the Subversion of the Government by new modelling several Corporations of England: And himself safely
keep, until he shall from thence be discharged by due
Course of Law: And for so doing, this shall be your
Warrant. Dated, and given under my Hand and Seal,
this Fourteenth Day of January 1688.
That, the Twenty-fourth Day of January following,
the said Sir James Smith, by his sole Authority, without
the Privity or Concurrence of any other Justice of the
Peace, took a Recognizance of the said Mr. Brent of Five
hundred Pounds; and the like Recognizance of Arthur
Shallett, Joseph Moor, Gilbert Whitehall and Richard
Poole, for the Sum of Two hundred and Fifty Pounds
apiece; conditioned, that the said Mr. Brent shall appear
at the next Session of the Peace for London: And it appears, by the Testimony of Wm. Walters, Servant to the
said Mr. Brent, that, within Two Days after his being
bailed, the said Mr. Brent conveyed away himself secretly
beyond Sea, as his Servant saith he believes.
That in the Committee's Examining the said Sir James
Smith, they demanded of the said Sir James Smith his
Reason, why he bailed the said Mr. Brent by his single
Authority, when he stood committed under his own
Hand and Seal for High Treason: He pretended the
Advice of Sir Wm. Waller, from whom he alledged to
have expected Witnesses against the said Mr. Brent.
And, that he further pretended the Advice of Sir
George Treby, the then Recorder of London: But, upon
the Examination of Sir Wm. Waller, he utterly denies
any such Advice given; and the said Sir George Treby,
being a Member of the Committee, in like Manner denied,
that he advised, that the said Mr. Brent should be, in
that Matter, bailed.
That it further appeared, by the Examination of John
Wright, Wm. Tindall, and Nicholas Piggot, and the said
Sir Wm. Waller, that the Interposition and Messages of
several Lords, in Behalf of the said Mr. Brent alledged
by the said Sir James Smith, were only pretended; the
same being denied by the said Witnesses.
That it further appears to the Committee, That several
Applications were made by the said Mr. Pigott, and one
Mr. Bazire, to the said Sir James Smith, for the Bailing
the said Mr. Brent; and that the said Mr. Bazire, was
the principal Transactor of the whole Matter, and agreed
with him to accept of Bail for One thousand Pounds, for
setting the said Mr. Brent at Liberty; and that, by the
said Mr. Bazire, the Four Persons aforesaid were procured in a few Hours, to be his Bail, and Notice given,
that they should all be bound for no more than One
And, it appearing to this Committee, That the said Mr.
Bazire was principally trusted by the said Mr. Brent, to
treat with the said Sir James Smith about Bailing him; and
that, if any secret Agreeement was made about the same,
the said Mr. Bazire was the chief or sole Agent therein;
That they sent several Summons for him; but could not
procure him to appear to be examined, notwithstanding
they were informed that he was in Town, and at his
Chambers in the Temple: And, upon Complaint thereof
made to this House, a Warrant was issued under the
Speaker's Hand to bring him into Custody; but hitherto
the Serjeant attending this House hath not been able to
apprehend him: And the Committee is not informed of
any other Witnesses of the Transactions with the said Sir
James Smith, about the Bailing the said Mr. Brent.
Therefore they humbly submit these Matters of Fact to
the Consideration of this honourable House.
Annulling Sidney's Attainder.
An ingrossed Bill from the Lords, intituled, An Act
for the annulling, and making void, the Attainder of
Algernoon Sidney, Esquire, was read the First time.
Resolved, That the Bill be read a Second time on
A Petition of the Inhabitants of the County of Gloucester, and of the City and County of Gloucester, was read;
shewing, That the Petitioners lie under great Grievance,
by reason of a Clause in an Act of Parliament made in the
Thirtieth Year of King Charles the Second, intituled, An
Act for Preservation of Fishing in the River Seavorne;
whereby it is Enacted, That no Persons shall fish with
Nets above Sixty Yards in Length, for the taking of
Salmon, in any Part of the River below Gloucester Bridge;
but that such Length is not sufficicent, by Reason of the
Wideness of the Channel; so that the capital Fisheries in
the River are wholly made useless for above Thirty Miles
together; the River being, in several Fisheries, above a
Thousand Yards broad; and that by Reason the long
Nets are taken away, several Families are ruined: And
praving Relief against such Grievances.
Ordered, That Leave be given to bring in a Bill for
taking away the Clause in the Act in the said Petition
complained of accordingly.
Leave of Absence.
Ordered, That the Lord Downe have Leave to go into
the Country for a Month.
Ordered, That Mr. George Weld have Leave to go into
the Country, for Three Weeks.
A Bill was brought in for Paving the Streets at Westminster, and other Places; and laid upon the Table.
Orphans of London.
A Bill for Relief of the Orphans of London was brought
in, and laid upon the Table.
Armstrong's Judgment on Outlawry.
Sir Joseph Tredenham reports from the Grand Committee of Grievances, That they had, according to the
Order of the House, taken into Consideration the Matter
to them referred, relating to Sir Thomas Armstrong; and
that, having summoned Sir Samuel Astry, the Clerk of the
Crown, they attended with the Record of the Outlawry
of Hill. 35 and 36 Car. II. by which it appeared, that
the Quint' exact was Lunæ, prox. post fest. sanct. Andreæ
Apostoli, 35° Car. II. That the Award of the Execution
was die Sabbati, prox. post Quinden. Sanctæ Trinitat 36°
upon a Nihil dicit.
That Sir Samuel Astry, being examined, declared he
was present at the Arraignment of Sir Thomas Armstrong,
who being asked, why Execution should not be awarded against him, said, That by the Statute of 5 and 6
Ed. VI. cap. 11, it is Enacted, that if the Party outlawed
shall, within One Year next after the Outlawry pronounced, yield himself to the Chief Justice of England,
for the Time being, and offer to traverse the Indictment,
or appeal, that then he shall be received to the said Traverse: That he was answered by the Lord Chief Justice
Jefferycs, that he could pretend to no Benefit, since he
did not render himself to the Lord Chief Justice, as that
Statute requires: And that the Court thereupon proceeded to award Judgment against him as a Traitor; and
believes he was executed accordingly.
That Mrs. Mathewes (Daughter of Sir Thomas Armstrong) being likewise examined said, She was in the Court
of King's Bench when her Father, Sir Thomas Armstrong,
was arraigned: That Sir Thomas Armstrong demanded to
have the Statute of 5 and 6 Edw. VI. read; and it was
refused: That he likewise demanded Counsel, and a
Trial; but it was denied: And, he urging, that Holloway,
who was in the same Circumstances, had his Trial, that
the Chief Justice said, they had enough against Holloway:
To which Sir Thomas replied, That then they had not
against him; and said, his Blood be upon him, meaning
the Lord Chief Justice: Who said, "Let it, let it, I am
Clamour-proof:" That she added, that her Father had
Counsel in Newgate, and had Advice there from an unknown Hand; and that he was very much loaded with
Irons, and very ill used: That her Sister was struck by
the Keeper of Newgate; and she herself committed by the
Court of King's Bench, for crying out, when Sentence was
given, That her Father was murdered.
And that the Committee had agreed upon several
Resolutions: Which he read in his Place; and after
delivered the same in at the Clerk's Table: Where the
same were read; and are as followeth:
Resolved, That it is the Opinion of this Committee,
That the Award of Execution by the Court of King's
Bench, against Sir Thomas Armstrong, in Trinity Term, in
the Thirty-sixth Year of King Charles the Second, was a
high Violation of Justice, and against the express Law of
Resolved, That it is the Opinion of this Committee,
That the House be moved, that a Bill be brought in to
reverse the Attainder of Sir Thomas Armstrong.
The First of the said Resolves being read a Second
Resolved, That the House doth agree with the Committee, That the Award of Execution, by the Court of
King's Bench, against Sir Thomas Armstrong, in Trinity
Term, in the Thirty-sixth Year of King Charles the
Second, was a high Violation of Justice, and against the
express Law of the Land.
The Second of the said Resolves being read a Second
Resolved, That the House doth agree with the Committee, That a Bill be brought in to reverse the Attainder
of Sir Thomas Armstrong.
Marches Court in Wales.
A Bill for taking away the Court held before the President and Council of the Marches of Wales, was read
the Third time
Resolved, That the Bill do pass: And that the Title
thereof be, An Act for the taking away the Court holden
before the President and Council of the Marches of Wales.
Ordered, That Mr. Gwyn do carry up the Bill to the
Lords, for their Concurrence.
A Motion being made, That a Committee be appointed
to consider the Case of the Patent Officers of that Court
and report the same to the House;
The Question was put, That such a Committee be
It passed in the Negative.
Privilege-Publication of Proceedings.
The House being informed, that Richard Janeway,
according to the Order of Yesterday, attended at the
Door, to answer the Matter of the Breach of Privilege of
this House, complained of, in printing a Paper, intituled,
An Address agreed upon at a Committee of the House,
without any Order of the House for the doing thereof;
he was called in to the Bar; and examined concerning
the Matter aforesaid: And thereupon owned, that he
having a Copy thereof, carried the same to Mr. Frazier
the Licenser, to be licensed, and entered it at Stationers
Hall; and thereupon printed it: But refused to give any
Account, from whom he had such Copy.
Ordered, That the said Richard Janeway be committed
to the Custody of the Serjeant at Arms, attending this
Resolved, That Mr. Frazier the Licenser be summoned
to attend this House To-morrow Morning.
The House being informed, that there is a treasonable
and scandalous Libel spread abroad, intituled, A short
History of the Convention; or, New-christen'd Parliament;
One of which was delivered in, and read;
Resolved, That his Majesty be humbly desired from
this House, by such Members thereof as are of his
Majesty's most honourable Privy Council, to propose a
Reward to such Persons as shall discover the Author,
Printer, or Publisher of a treasonable and scandalous Libel,
intituled, A short History of the Convention; or, Newchristen'd Parliament.
Ordered, That the said printed Paper be burnt by the
Hands of the common Hangman To-morrow, in the
Palace Yard, at Temple Bar, and the Old Exchange.
A Message from the Lords, by Sir Miles Cooke and
Corresponding with late King James.
Mr. Speaker, The Lords have passed a Bill, intituled,
An Act making and declaring it to be Treason, to keep
any Intelligence or Correspondence with the late King
James the Second; to which they desire the Concurrence
of this House.
Supply Bill; Poll Tax.
Also, they have passed the Bill, intituled, An Act for
the raising Money by a Poll, and otherwise, towards the
Reducing of Ireland; without any Alteration.
And then the Messengers withdrew.
Supply Bill; collecting Revenue.
A Message from the Lords, by Sir Adam Ottley, and
Sir Robert Legard;
Mr. Speaker, the Lords have agreed to the Bill for
collecting the publick Revenue; with some Amendments;
to which they desire the Concurrence of this House.
And then the Messengers withdrew.
Removing Papists from London.
Resolved, That his Majesty be humbly desired from this
House, by such Members as are of his Majesty's most
honourable Privy Council, to issue out a Proclamation
to command all Papists to depart from the Cities of
London and Westminster, and the Parts adjacent, according
to the Act lately passed for that Purpose; upon Pain of
being committed, as Persons suspected to be conspiring
against the Government.
Ordered, That a Message be sent to the Lords, to put
them in mind of the Bill sent up to them, for the more
speedy and effectual convicting and disarming of Papists.
Ways and Means.
The House then resolved itself into a Committee of the
whole House, to consider of a Way to raise the Seven
hundred thousand Pounds, for the Supply of the Navy.
Mr. Speaker left the Chair.
Mr. Hamden took the Chair of the Committee.
Mr. Speaker resumed the Chair.
And then the House adjourned till To-morrow
Morning, Nine of the Clock.