The remarkable Case of Edward Prideaux Esq;
May 1. Mr. Gwyn reported to the House, the Case of
Edmund Prideaux Esq; which in Substance was as follows:
That the said Edmund Prideaux Esq; was seiz'd at his own
House, (Ford-Abbey in Devonshire) June 19. 1685, by one
of the late King's Messengers, in virtue of a Warrant
signed by the Earl of Sunderland, Secretary of State, on
Suspicion of Treason, and brought to London, where he
continued a Prisoner at the said Messenger's House, till discharg'd by Habeas Corpus July 14, on giving Security for
his Appearance the next Term. In evidence of which, the
Original Warrant sign'd by Lord Sunderland was produc'd.
And Saywell, the said Messenger, confess'd the Execution.
The Warrant was dated June 13. and the Duke of Monmouth landed at Lyme the 11th. That the said Prideaux
several times desir'd to be heard before the Council, but was
constantly refus'd, which was confirm'd by Saywell and a Kinsman of the said Prideaux's, who was likewise Bail for him,
together with one Mr. Craig, in the Sum of 2500 l. each,
Mr. Prideaux himself being answerable for his own Appearance, in the Penalty of 5000 l. That the said Prideaux being
committed a second time (to the Tower) his Wife petition'd
the King that he might be examin'd, but could obtain no
Answer, which was confirm'd by one Mr. Slater. That
during his second Confinement, no body was permitted to
see him for several Weeks, and it was with great difficulty
his Wife at last procur'd leave, on the hard Condition of being confin'd with him; which she consented to, till an Indisposition obliged her to solicite a Release, which was confirm'd by one Mr. Slaughter. That while the said Prideaux was kept thus closely confin'd in the Tower, all the
Prisoners and condemn'd Persons in the West, (on account
of Monmouth's Invasion,) were temper'd with by the Agents
of Lord Jeffreys, with Threats and Promises of Life, to be
his Accusers, as was witness'd by Mr. C. Speke before his
Execution; as likewise to Mr. William Thompson of London Haberdasher, Mr. Joseph Standerwich Serge-maker,
and Mr. Samuel Key, Clothier, both of Ilminster. That
the said Prideaux could never to this day discover of what
he was accus'd. That the said Prideaux, his Wife, Lady
Tooker his Sister, and Mr. Bulstrode, one of the Gentlemen Ushers, having apply'd to several Persons of Quality to
solicite the King in his Behalf, were one and all inform'd by
the said Persons of Quality, (of whom the Earl of Tyrconnel
is mention'd by Name) That nothing was to be done; For
that the King had given the Prisoner to the Lord-Chancellor,
(Jeffreys.) That Mrs. Prideaux then saw the Necessity of applying to the said Lord-Chancellor, and accordingly did by
the Interposition of one Mr. Jenkins and one Mr. Jennings,
the last of which undertook to procure his Pardon for
30000 l. which being demurred to on account of the Extravagance of the Sum, the Demand was next rais'd to
15000 l. and insisted upon, on pain of his being left out of
the general Pardon: That thereupon by the Friendship of
Sir Robert Dashwood the said Sum was rais'd, and, with
the Abatement of 240 l. for prompt Payment of 2400 l. part
of the said 15000 l. was paid to Sir Robert Clayton, on account of Lord Jeffreys, who, likewise, acknowledged the
same; and that since the Payment of the said Sum, Lord
Jeffreys has made a Purchase of two Estates of the Duke
of Albemarle's, for which he paid about 34000 l.
Order'd, That Leave be given to bring in a Bill, to charge
the said two Estates purchas'd by the late Lord Jeffreys, with
the Re-payment of the Sum of 15000 l. and Interest, which
was by him extorted from Edmund Prideaux Esq;
Several Bills pass'd.
The same day the King came to the House of Peers, and
gave the Royal Assent to the following Bills. 1. An Act for
raising Money by a Poll-Tax. 2. An Act for preventing Doubts
and Questions concerning the collecting the public Revenue; and
one private Act.
A Bill from the Lords rejected.
The 4th, an engrossed Bill from the Lords, making and
declaring it to be Treason, to keep any Intelligence, or
maintain any Correspondence with the late King James,
being read a second time, a Motion was made to commit it,
but over-ruled; and then it was rejected without a Division.
The King thanks the House for their Address for a War with France.
The 7th, Mr. Hampden signified, That his Majesty had
been pleased to command him to acquaint the House, that he
will presently issue forth a Declaration of War against
France, and that he is encouraged thereto by the Assurance
this House hath given him of their Assistance; and that his
Majesty was graciously pleased to command him to return
his Thanks to the House for it.
The Bill of Rights and Settlement of the Crown.
The 8th, a Bill for establishing the Articles presented by
the Lords and Commons to their Majesties, and for settling
the Crown, was read a third time; and an engrossed Proviso was offer'd as a Rider to be made part of the Bill, which
was as follows:
A Proviso of fer'd.
'Provided always, and it is hereby declar'd, by the Authority aforesaid, That nothing in this Act is intended to be
drawn into Example, or Consequence, hereafter to prejudice
the Right of any Protestant Prince or Princess in their Heredirary Succession to the Imperial Crown of these Realms.'
And an Amendment.
An Amendment was then propos'd to the said Proviso, by
leaving out the Word (hereafter) and inserting in stead
thereof these Words, after the Limitations herein mention'd:
And the previous Question being put, it pass'd in the Negative, Yeas 125, Noes 179.
Likewise an engrossed Clause.
An engrossed Clause was then offer'd as a Rider to be
made part of the Bill, which was as follows:
'That from and after this present Session of Parliament,
no Dispensation by Non-obstante of or to any Statute, or any
part thereof, shall be allow'd; but that the same shall be
held void, and of none effect; except a Dispensation be allow'd of in such Statute. Provided, that no Charter or
Grant of Pardon before June 1, 1689, shall be any ways
impeach'd, or invalidated by this Act; but that the same
shall be and remain of the same Force and Effect in Law,
and no other than as if this Act had never been made.'
The Bill pass'd.
To this the House agreed, and Resolv'd nem. con. that the
Bill do pass.
12 d. in the Pound Land-Tax granted.
The 10th, the House in a Committee on the Supply,
Resolved, That a Subsidy be granted their Majesties of 12 d.
in the Pound for one Year, upon all Lands and Houses, &c.
according to the true intrinsic Value; as likewise on all personal Estates, Houshold Goods and Stock excepted; and also
upon Offices and Employments, those of the Army and
Navy excepted: and a Bill was order'd accordingly.
The Petition of G. Speke Esq;
The same day George Speke Esq; presented a Petition
to the House, complaining of certain arbitrary Prosecutions
against him, by Mr. Burton and Mr. Graham, on pretence of
Treason, by which means a Verdict was obtained against
him, and a Fine set upon him of 2000 Marks: That afterwards, by indirect means, a Bill of High-Treason was found
against his Wife, aad that he was oblig'd to compound the
Matter at the Expence of 5000 l. and praying Relief. Upon
which a Committee was appointed to examine the Matter of
Fact, and report the same to the House.
The King gives his Assent to several Acts.
The 11th, the King came to the House of Peers, and
gave the Royal Assent to An Act for the better securing the
Government, by disarming Papists and reputed Papists. An Act,
that the symoniacal Promotion of one Person may not prejudice
another. An Act rectifying a Mistake in a certain Act of this
present Parliament, for the removing Papists from London and
Westminster. A Naturalization Act; and, An Act for reversing
the Attainder of Algernon Sidney.
Two Members discharg'd for refusing the Oaths.
The 13th, Sir Henry Monson and Lord Fanshaw, both
Members, being call'd upon by the House to take the
Oaths; and both excusing themselves, as likewise protesting
they were no way inclined to disturb the Government, and
submitting to the Pleasure of the House, they were discharg'd from being Members, and new Writs were ordered for two others to be elected into their Room.
Petition of the Trustees to the Will of Lord Jeffreys.
The 14th, a Petition was presented to the House by the
Trustees for the Children and Creditors of the late Lord
Jeffreys, desiring to be neard by Council against a Bill then
depending in the House, for allowing 14760 l. out of the
Estate of the said Lord Jeffreys to Edward Prideaux Esq;
A Vote relating to the Bill of Indemnity.
The same day the Exceptions in the Bill of Indemnity
being taken into Consideration, it was resolved, that in proceeding upon the said Bill, the Crimes be first declar'd, for
which some Persons shall be exempted, for Vindication of
The 15th, the Reasons to be offer'd to the Lords at a
Conference for disagreeing with their Lordships Amendments to the additional Bill, were reported to the House,
but, either for being too diffus'd, or too peremptory, were
Report of the Committee on the additional Excise, Ground Rents, and Forfeitures.
The same day, another Committee appointed to make an
Estimate of what the additional Excise, and the Tax on
Ground-Rents and Forfeitures, might amount to, made
their report to the following purpose:
That, as to the Forfeitures, many Difficulties and Uncertainties had occur'd, viz. Whether some that were named as
Commissioners, had acted in their Offices? Whether others
are not insolvent? Whether others have qualified themselves
to act; and whether several are not omitted? But on the
whole, they were of opinion, that the Forfeitures in the several Counties (Bedford, Devon, Lincoln, and Cardigan
excepted, of which no Lists had been brought in) may be
estimated at 348000 l.
That the additional Excise at 9 d. per Barrel may amount to 120,000 l. per Ann. and that as to the GroundRents, they have as yet no Lights sufficient to make an Estimate.
The 17th, several Amendments were read to the Toleration-Bill, and agreed to; but a Motion being made to limit
the said Bill to several Years only, it pass'd in the Negative,
and it was ordered to be sent up to the Lords.
Lady Armstrong's Petition.
The 18th, a Petition of Lady Catherine Armstrong, and
of Catherine, Jane, and Mary, her Daughters, was read,
setting forth, That Sir Thomas Armstrong being unduly
outlaw'd, &c. was illegally ordered to be executed by Lord
Chief Justice Jeffreys, &c. which Sentence was accordingly perform'd, and his real and personal Estate, Value 12000 l.
thereupon seiz'd to the Use of the Crown; which had reduc'd the Petitioners to great Want: as, therefore, the
House had declar'd the said Proceedings illegal; they propos'd Reparations out of the said Lord Jeffreys's Estate, and
that the House would recommend their Condition, &c. to
his Majesty, that such Reparation may be order'd them accordingly. This Petition was order'd to lie on the Table.
And Mr. Wilmore's.
The same day, Mr. Wilmore, Foreman or the Jury that
brought in their Verdict Ignoramus, when an Indictment
was laid against Stephen Colledge for High-Treason, petition'd, likewise for Reparation of many thousand Pound
Damages, &c. sustain'd by the Prosecutions he suffer'd on
that account. Referr'd to the Committee on Mr. Speke's
The 21st, the House having before order'd that the
Thanks of the House should be given to Admiral Herbert,
and by him to the Officers and Seamen under his Command,
for their good Services in his late Expedition against the
French; Mr. Speaker addressed himself to the Admiral, as
The Speaker's Speech of Thanks to Admiral Herbert.
'Admiral Herbert, This House hath taken notice of the
great Service you have performed in engaging the French
Fleet; they do look upon it as one of the bravest Actions
done in this last Age, and expect it will raise the Reputation of the English Valour to its antient Glory. I do, therefore, by the Command of this House, return you their hearty
Thanks for this Service, and desire you will communicate
the like Thanks in their Names to the Officers and Seamen,
that serv'd under your Command; and to let them know,
that this House will have a particular Regard of their
Merits, and take care, as much as in them lies, to give them
all due Encouragement.'
The Admiral's Reply.
To which the Admiral made this Reply: 'Sir, I am in
confusion at this great and unexpected Honour, and the
more, because I want Words to express myself of it: the
best Return I think myself capable of making, is to assure
this honourable House, that, with my utmost Hazard, I will
endeavour by my future Actions to deserve it; and will not
fail to obey their Commands, in acquainting the Officers and
Seamen who were with me, of the favourable Acceptation
by this House of their Service. And, since they have so
favourable an opinion of their Actions, I would beg their
leave to make an humble Motion; and I think 'tis a thing
becoming the Greatness of this Nation, and, indeed, has
been the care of almost all Nations, that have any Commerce at Sea: It is to assign some Place and Revenue for
the Support of such as are maim'd in the Service and Defence of their Country. There is no sufficient Provision
made at present in this Kingdom, and indeed it is too great
a Charge for the Crown: Therefore I humbly move, it may
be order'd by this House, that they may have a Support and
Subsistence, after they have, by Wounds, been uncapable of
Resolution in favour of wounded Seamen.
This was follow'd by a Resolution, that the House will
take care to make a Provision for such Seamen, as are or
shall be wounded in their Majesties Service, and for the
Wives and Children of such as shall be slain; and a Committee was appointed to consider how the same might be
The 22d, the Committee to whom it was a second time
refer'd to draw up Reasons for disagreeing with the Lords
Amendments to the additional Poll-Bill, made their Report
Reasons for not allowing the Lords Amendments to the additional Poll-Bill.
Reasons, &c. The Lords insert a Clause for the Lords
appointing Commissioners to rate themselves, in respect of
their Offices and personal Estates, and freeing their Persons
from Imprisonments, and for appointing a Collector to receive their Assessments.
To which Clause the Commons disagree;
1. Because the Bill now in question taxes Commoners
2. Because the Poll-Bill, already pass'd, hath sufficiently
provided for taxing all the Nobility; to which the Lords,
These Reasons being approv'd, a Conference was desir'd
with the Lords thereon.
The same day an Address was read, to be presented to
his Majesty, in favour of the Irish Protestants; but being
understood as not agreeable to the Order of the House, it was
Dr. Oates's Petition.
The 23d, Dr. Titus Oates deliver'd a Petition to the House,
setting forth his Services in the Discovery of the Popish
Plot, and his Sufferings on that account; as the withdrawing the King (Charles's) Protection and Subsistence; his
being prosecuted in an Action of Scand. Mag. for speaking
Truth of the Duke of York, and cast in a Verdict of
100,000 l. His being committed to the King's-Bench thereon; his being sued twice in the next Reign for Perjuries; his
being fined 2000 Marks; his Pillorying and cruel Whippings. Imprisonments, &c. to the manifest Danger of his Life,
and Destruction of his Constitution; praying the present
Parliament to justify the Proceedings of their Predecessors,
to take his Case into consideration, and to recommend him
to the Bounty and Protection of his Majesty.
Order'd, That Mr. Oates be heard at the Bar, by his
The same day the House agreed with the Committee appointed to prepare Heads for the Bill of Indemnity, in the
Exceptions voted in the Act of Indemnity.
1. That the asserting, advising, and promoting of the
dispensing Power and suspending of Laws without Consent
of Parliament, as it has been lately exercis'd, and the acting in pursuance of such pretended dispensing Power, is one
of the Crimes for which some Persons may justly be excepted out of the Bill of Indemnity, for the Safety, Settlement, and Welfare of the Nation for the future, and the
Vindication of public Justice.
2. That the Commitment and Prosecution of the seven
Bishops, is another Crime, for which some Persons may
justly be excepted out of the Bill of Indemnity.
3. That the advising, promoting, and executing the Commission for erecting the late Court for Ecclesiastical Causes,
is another Crime, &c.
4. That the advising the levying Money, and the collecting the same for and to the Use of the Crown, by pretence
of the Prerogative, for other time, and in other manner
than the same was granted by Parliament, is another Crime,
5. That the advising the raising and keeping up a standing Army in time of Peace, without Consent of Parliament,
and the Quartering of Soldiers is another Crime, &c.
6. That advising, procuring, contriving and acting in
the Surrender of Charters, and in the Alteration and Subversion of Corporations, and in procuring new Charters, and
the violating the Rights and Freedoms of Elections to Parliament, to Counties, Cities, Corporations, Boroughs, and
Ports, and questioning the Proceedings in Parliament, and
out of Parliament by Declarations, Informations, or otherwise,
are Crimes, &c.
7. That undue Constructions of Law, and the undue and
illegal Prosecutions and Proceedings in capital Crimes, are
other Crimes, &c.
8. That the 'undue Returns of Juries and other illegal
Proceedings in civil Cases, are other Crimes, &c.
9. That the requiring excessive Bail, imposing excessive
Fines, giving excessive Damages, and using undue Means
for levying such Fines and Damages, and inflicting cruel
and unusual Punishments, are other Crimes, &c.
10. That the advising King Charles II. and King James
II. by some of their Judges and Council, that Parliaments
need not be call'd according to the Statutes, is a Crime,
Major Wildman, then, upon the Motion of Sir Thomas
Littleton, deliver'd in his Report from the Committee appointed to inspect and examine the Accounts, in the hands
of Mr. Auditor Dove, of all such Sums of Money as have
been paid out of the Exchequer to Mr. Grahme, or Mr.
Burton, or either of them for Crown Prosecutions, &c. which
was in substance, as follows:
Major Wildman's Report concerning Money issued from the Exchequer for Crown Prosecutions, &c.
'That from the Year 1678 to 1688, Mr. Burton charged
himself with having received out of the Exchequer for Crown
Prosecutions, &c. 42116 l. 9s. 6d. But was charg'd by Sir
Robert Howard's Accounts, with 42616 l. 9s. 6d. which
makes a difference of 500 l. unacknowledg'd; that he charg'd
himself with having receiv'd of Mr. Guy for the like Uses,
1438 l. 0s. 10d. Total of both Receipts, 43554 l. 10s. 4d.
Total of his Discharge, 43523 l. 19s. 2.d. Due to the King
from the said Burton, (supposing his Accounts were allow'd,)
531 l. 11s.
'That Mr. Burton and Mr. Grahme charge themselves jointly, with having received from the Exchequer, 4671 l. 4s. 6d.
'That they jointly account for 6935 l. 14s. 6d. which is
alledged in the said Account to be paid by Mr. Burton to
Mr. Grahme out of the Money charged upon the several Accounts of Mr. Burton: That they farther charge themselves
with 12466 l. 13s. 6d. received of sundry Persons, by his
(late) Majesty's Direction.
'That by their joint Account they alledge, they have expended in Law-Suits the full Sum of 12466 l. with an Overplus of 1300 l. but do not acknowledge the 600 l. charg'd
to them by Sir Robert Howard, as a Reward for prosecuting
Colonel Whitley and Lord Oswelston, over and above 3
'That it appears by the Accounts of the said Burton and
Grahme that most of the said Moneys were paid to Witnesses, Jurors, Solicitors, Council, and to themselves in Prosecutions of pretended Criminals.
'That, for Instance, they pretend to have expended, in
prosecuting for their Lives Lord Delamere, 535 l. 6s. 5d.
Mr. Hampden (for pretended Correspondence with Colonel
Armstrong.) 527 l. 1s. 6d. Alderman Cornish, 346 l. 11s.
Mr. Hays 232 l. 7s. 4d. Earl of Devonshire, 218 l. 2s. 5d.
Sir Samuel Bernardiston, 717 l. 3s. 4d. Sir Thomas Pilkington, 264 l. 7s. 10d. Mr. Samuel Johnson, 181 l. 16s. 4d. Dr.
Oates, 3037 l. 9s. 6d. The seven Bishops, 183l. 1s. In procuring a Quo Warranto against the City of London, 1000 l.
14s. 2d. and against 80 other Corporations on the like
Account, 1197 l. 9s. 8d.
'That it appears they expended several Sums contrary to
the Laws of the Land, as 3 and 5 Guineas a piece to Middlesex Jury-men, and in treating them sometimes, 25 l. sometimes 40 l. and sometimes 50 l. besides unwarrantable Fees to
Sheriffs and other Officers about Juries.
'That sometimes they retain'd 8, 10 or 11 Council in a
Cause, to whom great Fees are set down.
'That great Expences are charg'd in their Accounts for
Defence of several Persons against their Fellow-Subjects, for
Damages done them by the Partizans of the Designs of the
late King; particularly in the Case of Sir John Moor, when
many Actions were brought against him by the Citizens of
London, for arbitrary Proceedings in the Election of Sheriffs.
'That it appear'd on the Examination of several Persons,
that the said Burton and Grahme, then were employ'd in procuring, hiring, and otherwise influencing Witnesses against
the abovemention'd pretended Criminals.
'In which they were assisted by Sir Roger L'Estrange and
one Hawes. That they offer'd one Cragg a Prisoner, 100 l.
quarterly, if he would become Evidence against the Earl of
Macclesfield, Lord Delamere and Major Wildman. But
he refusing, they caus'd him to be kept a close Prioner in
Newgate, without Fire or Candle, 40 Weeks.
'That they were the principal Instruments against Stephen
Colledge at Oxford; that together with the Attorney-General,
they deny'd the said Colledge (who was condemned and executed) a Copy of his Jury, the use of his own Papers, and
other Benefits of the Law.
'That several other Witnesses concurr'd in their Evidence,
that the said Burton and Grahme, were employ'd in almost
all the illegal Prosecutions of the last eight Years.
'That tho' no Cause is assign'd in the Writ of the Peers,
for committing the late Lord Jeffreys to the Tower, they
find it to be notorious, that he was instrumental in the undue and illegal Prosecution, &c of Lord Russel, Colonel
Sydney, Fitzharris, Colledge, and Armstrong. And it is
expressly avowed in the Accounts of the said Burton and
Grahme, that the said Jeffreys undertook the Prosecutions
in the West, after Monmouth's Invasion, and received of
the said Burton and Grahme, 1416 l. 10s. for the Job.
To which may be added, that the said Burton and Grahme
paid to other Commissioners on the Estates of attainted Persons 1117 l. 18s. 10d. more.
'That the said Jeffreys past several Grants under the great
Seal to violate, transgress, and supersede the Laws; many
shocking Particulars of which are enumerated, especially
relating to the tyrannical Powers delegated to the High Commission Court, of which the said Jeffreys was appointed to
be of the Quorum, and sat accordingly.
'That Sir Robert Wright, late Lord Chief-Justice, and
Sir Thomas Jenner late one of the Justices of the Common
Pleas, had likewise a principal Concern in these arbitrary Proceedings; for which, in the Opinion of the Committee, they
were involved in the Subversion of the Laws and Government of this Kingdom.'
Sir Thomas Littleton then moved, by the direction of the
Committee, that the Chairman of the Grand Committee of
Grievances might bring in the Commissions and other Writings relating to the Court for ecclesiastical Causes. And
a Resolution was pass'd accordingly; as likewise that
Schedules of Grahme and Burton's Accounts be deliver'd
to the Clerk of the House, to be kept for the Service
of the House; as likewise, that the former Committee to
whom it was referr'd to examine the Cases of Prisoners in
the Tower, Newgate, and the Gate-House be reviv'd, and
do examine the Writings taken with Mr. Brent, and make
a Schedule of them.
The Petition of Lady Lisle's Daughters.
The 24th, a Petition was deliver'd to the House by the
Daughters of the Lady Lisle, beheaded at Winchester, setting forth, That, upon the Duke of Monmouth's Defeat, she
was seiz'd by a Troop of Horse at Winchester, her House
plunder'd, to some thousands of Pounds Value. That she
was, afterwards, imprison'd, and try'd at Winchester for
harbouring one John Hicks Clerk, as knowing him to be
a Traitor, tho' at that Time not indicted as such; and by a
Verdict, injuriously extorted, by the late Lord Jeffreys, convicted, and executed for High-Treason; whereby the Petitioners were left destitute of their Fortunes, and forced to
subsist on the Charity of their Relations, and praying the
Consideration of the House, and what they should think
suitable to their Necessities out of the Lord Jeffreys's Estate.
Ordered to lie upon the Table.
And of Reginald Tucker.
The same Day a Petition from Reginald Tucker was read,
setting forth, That being obnoxious for his Zeal to the Protestant Religion, he was try'd, as a Favourer of the Duke
of Monmouth, at Wells, and condemn'd to die by Sir Francis
Withins, but repriev'd by the late King during Pleasure;
who gave the Petitioner's Estate, real and personal, unto
Theophilus Oglethorpe, and kept him in Prison from March
till December, 1686/7. So that he, and his four Children
were expos'd to great Misery. That the Petitioner's Wife
Chatherine, instead of purchasing a Pardon for him, was,
before his Tryal, married to one Vaughan, by Means of
Sir Thomas Williams, for which the said King pardon'd
her; and praying the said Sentence of Attainder might be
revers'd, and that a Divorce might be granted him from his
Wife, a Vinculo Matrimonii, the ecclesiastical Courts having
only granted him a Separation a Thore & Menja.
Order'd, That it be left to the Committee to whom Mr.
Speke's Petition is refer'd.
Several Acts pass'd.
The same day, the King came to the House of Peers, and
gave the Royal Assent to An Act for exempting Protestant Subjects from the Penalties of certain Laws: An Act for annulling
the Attainder of Alicia Lisle, Widow: And a private Bill.
The 25th, the Complaints of sundry Petitioners, against
the East-India Company, were argued at the Bar, by Council
on both sides: And was refer'd to a farther Hearing.
The 27th, Mr. Speke put in a second Petition, rating his
Damages, arising from Court-Prosecutions at 10,000 l.
The Petition of several Citizens of London.
The same day, a Petition of several Citizens of London
was read, setting forth, That being indicted and try'd for a
pretended Riot, before the late Lord Chief- Justice Saunders,
he deny'd the Petitioners their Challenges to the Array:
And refus'd to seal a Bill of Exception; by which undue
means, the Defendants were found guilty. That after the
Verdict, Sir Thomas Jones, Sir T. Raymond, and Sir T.
Williams, rejected a Motion in the Petitioners Behalf for
filing a Postea, which had been conceal'd by Mr. Ward of
the Crown-Office; which Postea would have discharg'd the
said Verdict. That the Petitioners (Chief-Justice Saunders
being dead) were by the said other three Judges unreasonably fined, and, by Imprisonment, fore'd to pay the same,
That the said Proceedings are grievous to the Petitioners, and
relievable only in Parliament, and that therefore they pray
Refer'd to the Committee on the Affair of Wilmore.
Disputes between the two Houses, on the Bill for enabling Commissioners of the Greatseal to act as Chancellor, or Keeper.
The same day, Sir William Pulteney reported to the
House, the Result of a Conference with the Lords, touching
the Amendments made by the House to the engross'd Bill for
enabling Lords Commissioners of the Great-Seal, to execute the Office
of Lord-Chancellor, or Lord-Keeper: The amount of which was,
That Lord Cornwallis had manag'd for the Lords. That
the Lords had rejected some of their Amendments, and
agreed to certain others, with Amendments of their own.
The said Amendments were then read; some of which were
allow'd, and others rejected, on a Division of 149, against
112. And a Committee was order'd to prepare Reasons to
be offer'd to the Lords, at a farther Conference.
A Bill pass'd, to commit suspected Persons without Bail.
The same day, likewise, the Lords signify'd by Message,
that they had pass'd the Bill to enable their Majesties to commit
suspected Persons without Bail; without any Amendments.
After which, the Lords having desir'd a present Conference on the Additional Poll-Bill, Mr. Hampden made the
following Report of the same.
'That the Lord Huntington manag'd the Conference for
the Lords, and said the Lords insisted upon their Amendments; for which, they gave these Reasons:
The Lords Reasons, offer'd at a Conference, on the additional Poll-Bill.
'1. That it is the common Course of Parliament to pass
explanatory Acts of any Thing that has been omitted or ill
express'd in any other Act pass'd in the same Session, and
one of that sort has pass'd this present Session.
'2. That the House of Commons have, in this Bill, taken
care of Serjeants-Inn, and the Inns of Court, and Chancery,
That they should be rated by their own Members; and that,
since there is no comparison to be made between them and
the Peers of England, therefore the Peers ought to be rated
by none but those which are of their own House.
3. That the House of Peers, out of their extraordinary
Zeal, for the reducing Ireland, and the Poll-Bill coming up
so late to them from the House of Commons, that they had
not so much Time to deliberate upon every Part of it,
as had been necessary, if so pressing an Occasion would
have allow'd it, did make this Omission: which, for that
Reason, ought not to turn to their Prejudice; it being their
undoubted Right, which had been preserv'd to them in all
former Poll-Bills; and, particularly, in the last, which pass'd
in the 29th of Charles II. the Proviso being conceiv'd in
the same Terms, with the Proviso now offer'd.'
Unsatisfactory to the Commons.
Upon hearing these Reasons, a Debate arose in the House,
which was post-pon'd till the 29th, when the Question being
put to agree with the Lords, it pass'd in the Negative,
nem. con. and a free Conference was desir'd with the Lords,
The 28th, an Address for the Relief of Irish Protestants,
being read for the first Time; and it being propos'd that
one Means of furnishing that Relief, should be by applying
part of the Stock, belonging to the late King, in the East-India, and Guinea-Companies; Mr. Papillon acquainted the
House with the Particulars of the said Stock, as follows, viz.
An Account of Stock, held by the late King.
That at different Times, and of different Persons in 1684,
the Duke of York had purchas'd 3000 l. East-India Stock.
That a Transfer of 7000 l. Stock more was made from the
separate Account of George Boone, to King James in 1687.
That the said King James had, by a Transfer, dated at
St. Germains, made over 3000 l. of the said Stock to James
Grahme, which Transfer was allow'd by the Company; and
that the said James Grahme hath since transfer'd the said
Stock as follows, to Josiah Child Esq; 500 l. to William
Sheppard 1200 l. and to Richard Stern, Esq; 1300 l.
That in 1674, the Duke of York had Credit for 3000 l.
in the Guinea or African-Stock. Which he has since transfer'd at St. Germains, to the said James Grahme, who has
likewise transfer'd 2500 l. of the said Stock to several other
And that the Duke of York, in 1676, had Credit for
300 l. Stock in the Hudson's-Bay Company which continues
still undisposed of.
Relief voted, to the Irish Nobility and Gentry, out of the same.
Resolv'd, That his Majesty be desir'd to distribute 15,000 l.
among the Irish Nobility and Gentry: And that a Clause
be inserted in the above-mention'd Address, agreeable to
the said Resolve.
The Bill pass'd for committing suspected Persons, without Bail.
The same day, the King came to the House of Peers, and
gave the Royal Assent to An Act for committing suspected
Persons without Bail: And a private Act.
Another Exception in the Bill of Indemnity.
The 29th, the House proceeded, first, on the Affair of
the East-India Company, and afterwards to the Bill of Indemnity,
when it was Resolv'd, That the Bailing (by the Court of
King's-Bench) Persons committed by Impeachments, by this
House, is one of the Crimes, for which some Persons may
be justly excepted out of the Bill of Indemnity.
The same day, Mr. Foley deliver'd in a long Report,
from the Committee appointed to enquire, who were the
Authors and Advisers of several Grievances, relating to the
City of London. The Amount of which, was, that Sir
John Moore, Lord-Mayor of the said City, in 1682, had
by divers indirect, violent, and arbitrary Means, and with
the Assistance of the Soldiery, invaded the Privileges of the
Citizens, in declaring North and Rich to be Sheriffs, when
the Numbers on closing the Poll, were found to be,
For Mr. Papillon
That those Citizens, who were most active in opposing
these illegal and unjust Proceedings, were afterwards indicted for Riots, under the Direction of Burton, and
Grahme, and fined, as follows:
|Slingsby Bethel, who was not present at the Election, tho' indicted for a Riot
|Sir Thomas Player
Which Fines were set upon them, by Mr. Justice Jones,
afterwards Chief of the Common Pleas.
That Mr. Papillon and Mr. Dubois after this bring each
a Mandamus to be sworn Sheriffs, as being duly elected, to
which the Lord-Mayor, Aldermen and Sheriffs, viz. North
and Rich, made a Return that they were not duly elected.
That upon this, Papillon and Dubois bring their Action
against Sir William Pritchard (the new Lord-Mayor) Sir
Dudley North, Sir Peter Rich, &c. The Writs being directed to the Coroner, he waited on them 3 or 4 Months
to desire their Appearance, but they slighted him, till the
Time of the Return was out: After which, the Writs being
renew'd, he arrested the Lord-Mayor; who said there must
be some Plot to take up all the Magistrates of the City. To
whom the Coroner reply'd, he knew of none. And that if
they would give Bond to appear, they might be immediately
discharg'd. But the Lord-Mayor refus'd, and the Lieutenancy were order'd to come thither with their Troops, who
threaten'd to pull down the Coroner's House. That, while
this was in Debate, they found means to send the Coroner to
the Compter, upon an Action once enter'd for a real Debt
by his consent, but afterwards countermanded. That when
he was in the Compter, they suffer'd none to come to him,
and in the mean time, took advantage of his Absence,
and so went their way. That the next Morning the Coroner
went to the Lord Mayor, but was deny'd Access by certain
Persons, who drew their Swords upon him, and threaten'd
to run him through. That Sir William Pritchard afterwards brought his Action against Papillon and Dubois, and
the last dying in the mean while, obtain'd a Verdict against
Papillon, on account of the Arrest, with 10,000 l. Damages.
That before any of those Proceedings, a Quo Warranto was
brought in the Name of Sir Robert Sawyer, carried on by
Burton and Grahme, against the City of London, upon which
Judgment was given against the said City, by the Justices,
Jones, Raymond and Withins, some of whom declar'd, they
had, likewise, the Concurrence of Saunders, then Lord ChiefJustice; tho' it was attested to the Committee, that Saunders
was both speechless and senseless, when they came to him.
That it farther appear'd, that Pemberton, and Dolbin,
who were Justices of the King's-Bench, were remov'd from
that Court, their Opinions having been discover'd to be
against this Information brought against the City.
The whole Report was clos'd with a Resolution of the
Committee; That it was their Opinion, That Sir John
Moore, and Sir Dudley North, were two of the Authors of
the Invasion made upon the Rights of the City of London in
the Election of the Sheriffs for the said City, in 1682.
The 31st, Sir Thomas Littleton reported from the free
Conference with the Lords, on the Additional Poll-Bill, That
the Lords, Rochester, and Huntington, and Bishop of Salisbury manag'd for the Lords: To whom the Commons urg'd
the Reasons of the House, for not agreeing with the Lords,
in Substance as follows:
Sir Thomas Littleton's Report of the free Conference with the Lords.
'That as in this Additional Poll-Bill, none but Commoners
were tax'd, they inferr'd their Lordships had no colour of
Reason to meddle with it; or to name Commissioners to tax
the Peers, in a Bill that did not tax the Peers.
'That there was no Omission in the former Poll-Bill,
which was pass'd and agreed to by the Lords; but by the
Consent of both Houses; the Nomination of Commissioners
was left to the King, (indeed, so restrain'd, that the King
was to name them out of the Commissioners in the said
Act,) who were to tax all the King's Subjects, both Lords
and Commons: As therefore, the Lords had included themselves in that Bill, the Commons think it hard, their Lordships should urge any subsequent Bill, to supply a Defect
of the former.
'That the Lords pleaded to this, Inadvertency and their
own Zeal to give the former Bill a quick Dispatch; and farther, that they had several Precedents of their naming Commissioners. And that they, likewise, thought it hard that
their Oversight should turn to their Prejudice.
'To which the Commons reply'd, That if the Commission had been such, that no Commissioners had been
named at all, the Commons would have agreed to their
Lordships present Demand, rather than their Lordships
should not be tax'd. But Commissioners being already named,
the Commons thought any Alteration went a great way to
repeal the Act. That the Commissioners so named, might
probably be enter'd upon their Office, and were already
Taxing their Lordships, at least, they would soon do it, if
this Clause be not admitted: Therefore, if the present Commissioners, as the Law stands, and the Lords have consented,
be no Authority to tax them, the Commons thought it
would be a Repeal of that Law, at least, pro tanto; for their
Authority must cease, who have it by the former Law.
'That, then the Lords insisted much, that tho' the Lords
are not expresly tax'd, in this additional Poll-Bill, they have
a sufficient Handle for their Demand furnish'd by it; by
the Indulgence, it accords to the Inns of Court, and Chancery.
To this the Commons rejoin'd, (among other things which
are so obscurely express'd as to be hardly intelligible) that
the Reason of this Indulgence to the Inns of Court and
Chancery, was owing to a pretended Privilege of theirs, of
hindering all other Commoners from coming into their Jurisdiction: And so that this part of the Tax might not be
lost, the Bill provided that the King might name Commissioners of themselves, but they did not name new Commissioners: And, that upon the whole matter, the Commons
left it with their Lordships to consider, whether they will agree or no.
The Lords abide by their Clause.
The Lords, the same day, desir'd another free Conference
on the same Affair, in which they recapitulated what
they had advanced before; insisted on this Opportunity to
retrieve their Right, and adher'd to their Clause.
And the Commons by their Bill.
When this was reported, the Commons likewise resolv'd
to adhere to their Bill, without Amendments; and appointed
a Committee to consider of the Methods of proceeding between the two Houses in passing of Bills.
An Enquiry voted why Londonderry was not relieved.
June 1, The House appointed a Committee to enquire
what has been the occasion of the Delays in sending Relief over into Ireland, and particularly to Londonderry:
That they make enquiry what Default was in relation to
the Provisions that went over with the Soldiers to Ireland;
and also very particularly into the Carriage of the Colonels
Lundee, Richards and Cunningham; and to know the Reasons why the Relief sent to Londonderry was brought back
again; and that they enquire into all other Miscarriages relating to Ireland and Londonderry.
June 3, Sir Thomas Littleton mov'd the House from the
Committee appointed to make the said Enquiry, that his
Majesty might be humbly desir'd to give Directions, that
Copies of the Commissions and Instructions given, relating
to Londonderry and the Kingdom of Ireland, may be transmitted to the said Committee; and also that Colonel Lundee
(a Prisoner in the Tower) may be brought to the said Committee; and a Resolution was made accordingly.
The Petition of John Colliford.
The 4th, a Petition of John Culliford was read, setting
forth, 'That for zealously opposing the Election of Sir
John Moore to be Lord-Mayor, and for detecting certain
false Quotations from King James the first's Basilicon Doron, made by the Grand-Jury of Southwark in 1682, with
a design to render the Dissenters obnoxious, he was, by the
Instigation of the said Jury, seiz'd in London, without a
Warrant, and hurried before one Piers, a Justice, who
committed him to the Compter, with Orders to debar him
from Pen, Ink and Paper; as likewise to let nobody speak
to him, but keep him a close Prisoner in a Place where
there was no Bed, and nothing but damp Earth to lie on,
which was executed accordingly. That the next Session,
one Seymour brought an Indictment against him, and that
one Robert Stephens (a Messenger) seiz'd him without Warrant, and being accus'd before Sir W. Pritchard LordMayor, by Hills the King's Printer, of having charg'd the
Duke of York of Designs to subvert the Religion and Liberties of his Country, he was committed close Prisoner to
Newgate, try'd at the Old Bailey, and by a pack'd Jury,
return'd by North and Rich Sheriffs, found guilty without
positive Proof, and was sentenc'd by Mr. Justice Withins
to pay 200 l. Fine, to stand twice in the Pillory for an
Hour, give Security for two Years good Behaviour, and be
imprisoned till the Judgment was satisfy'd. That the first
Day he was kept in the Pillory two Hours, during which
time certain bloody-minded Persons from the top of the
Change threw a Stone of several Pounds, which missing his
Head, broke in several Pieces. That the next Term he
was remov'd, at the Duke of York's Suit, to the King'sBench, and charg'd with an Action of Scandalum Magnat. at
100,000 l. Damage; which was try'd the same Term, he
being absent, by the Lord Chief Justice Jeffreys, by whose
Direction another pack'd Jury found the abovesaid Damages, without Proof also. That being charg'd in Execution the next Term, he was lock'd up for half a Year in
so close a Room, that he had almost lost his Eye-sight.
That in the frosty Weather he had been hall'd out of his
Chamber to a Hole not above 8 Foot Square, without any
Fire-Place, loaded with double Irons: That he was afterwards thrown on the Common-side, where he continued for
near half a Year lying in a Hole about 5 Foot Square, and
3 or 4 under Ground: That such barbarous Usage had several times almost reach'd his Life: That he had lain under
the said Usage near five Years: That he had not recover'd
his Health to that Day: That he had been really damnify'd
to the Value of several thousand Pounds: That he submitted his Case to the tender Consideration of the House, and
implored such Relief as to them should seem meet.'
That of John Topham Esq;
The same day, a Petition of John Topham Esq; was read,
setting forth, 'That he being Serjeant at Arms, and attending the House in 1679 and 1680, when he was charg'd
with the Execution of several Orders of the House to take
into custody several Persons for Breach of Privilege: That
the said Persons on the Dissolution of the Parliament being
resolved to ruin the said Petitioner for executing the said
Orders, did sue the Petitioner in the King's-Bench in several Actions of Trespass, Battery, and false Imprisonment;
to which Actions the Petitioner pleaded the said several Orders of the House, which Orders were over-ruled by the
then Judges, and Judgments given against him, in some of
which excessive Damages were enjoined: so that to prevent
farther Prosecutions, the Petitioner was forc'd to comply
with the Plaintiffs; having been a Sufferer for maintaining
the Rights of this House above 1200 l. &c. And therefore
praying the Consideration of the House.
And of Thomas Swaddon, Gent.
A Petition of Thomas Swaddon was likewise read the
same day, setting forth, 'That he was a Burgess of Calne
in Wiltshire, and opposing the Quo Warranto brought against
the Charter of that Corporation, he was inform'd against in
the Court of King's Bench as a disaffected Person, &c. for
which Lord Chief Justice Jeffreys sentenced him to stand
in the Pillory at Calne before his Tenants and Neighbours,
and also at Salisbury; to pay a Fine of 1000 l. and give
Security for his good Behaviour for Life. That, in consequence of this Judgment, he had been confin'd three
Years in the King's Bench to his Ruin: That he had paid
several hundred Pounds in Fees to Burton, Grahme, Sir
Robert Sawyer's Clerk, &c. That he had been forc'd to
sell one Part of his Estate, and mortgage the rest; and therefore begg'd Reparation out of the plentiful Estates, obtain'd
by Jeffreys and Brown, for regulating Corporations.'
All these Petitions were referred to the Committee, appointed to examine the Merits of Mr. Speke.
The same day a Petition of several Factors and Clothiers
against the Exportation of Wool was read, and order'd to
lie on the Table, till the Exceptions in the Bill of Indemnity
should be considered.
After which, a Debate arising on the said Bill, whether
a Pardon was pleadable against an Impeachment in Parliament? It was resolv'd in the Negative without a Division.
Another Exception to the Act of Indemnity.
The 8th, the House proceeded in the Examination of
Complaints against the East-India Company, and the Question being put, That such Persons as procur'd the Commission to execute Martial Law in the Island of St. Helena, and
such as sign'd Instructions for putting the same in execution,
be excepted out of the Bill of Indemnity; as to those Crimes
the House divided, and it pass'd in the Affirmative, Yeas
157, Noes 138.
Proceedings on the Abuse of Aulnage.
The 11th, a Report was read by the Committee appoined to consider the Petitions against the Aulnagers, and the
Abuses of the Aulnagers in general, which concluded with
the following Resolutions:
That it is the Opinion of the Committee, that the searching and seizing of Cloaths and Pieces of Cloaths in the
Shopkeepers hands, is not warrantable by any Law.
That the having search'd or seiz'd Cloaths, or Pieces of
Cloaths in the Shopkeepers hands by the Aulnagers, is unlawful, and an Abuse on the Subject.
Order'd, That Leave be given to bring in a Bill to regulate the Abuses in the Collection of the Aulnage.
Proceedings on the Supply.
The same day, Sir T. Littleton reported from the Committee on the Supply a Clause to reduce the Fees from 1½
to ¾ in the Pound on all Monies granted this Session; which,
with some Amendments, was agreed to by the House.
A Proviso was also made to the Bill, that an Account be
given to Parliament of all Monies given, or to be given
Another Proviso was then offer'd as follows:
'Provided always, &c. That in case any Person or Persons shall obstinately refuse to pay the Rates assessed upon
them by the Commissioners appointed to rate and assess
them by this Act, by reason of not owning the Authority of
the said Commissioners of this present Parliament, the same
being prov'd by two Witnesses upon Oath; that then every
such Person and Persons shall incur the Danger and Penalty
of a Præmunire, mention'd in a Statute made in the 16th
Year of King Richard the Second.
Resolv'd, That the said Proviso be referr'd to a Committee.
Another Proviso being likewise offer'd for lessening the
Fees of the Treasurer and Vice-Treasurer of Ireland; it
pass'd in the Negative.
Proceedings on Oates's Case.
A Report being then made by Sir Robert Howard from
the Journals of the Lords, of the Transactions of that House;
in relation to the Reversion of the two Judgments of the
King's-Bench against Mr. Oates; the Amount of which was,
that the Lords had put a Negative on the said Reversion,
with the Exception of thirteen Lords who had protested.
Resolv'd, That the Prosecution of Titus Oates, upon two
Indictments for Perjury in the Court of King's Bench, was
a design to stifle the Popish Plot; and that the Verdicts
given thereupon, were corrupt, and that the Judgments given thereupon were cruel and illegal.
Resolv'd, That a Bill be brought in to declare the said Judgments illegal, and to reverse the same.
Sentence against S. Johnson in the King's-Bench censur'd.
Resolv'd, That the Judgment against Samuel Johnson in
the King's-Bench, upon an Information for a Mildemeanour,
was cruel and illegal.
Resolv'd, That a Bill be brought in to reverse that
The 12th, Sir William Pulteney reported the farther Reasons to be delivered at a Conference with the Lords, for not
agreeing with their Lordships in their Amendments to the
Bill, for enabling Lords Commissioners of the Great Seal to
execute the Office of Lord Chancellor, or Lord Keeper;
which generally depending on Alterations of Words, and
Scraps of Sentences, cannot be render'd intelligible, unless
compar'd with the Bill itself.
Farther Proceedings on the Bill of Indemnity.
The House then proceeded to the Consideration of the Bill
of Indemnity, and a Debate ensuing, whether a Committee
should be appointed to examine who are concern'd in the
several Heads of Exceptions, the previous Question was put,
and carry'd in the Affirmative; and the main Question being
put, it pass'd in the Negative.
Certain Persons ordered to be impeach'd for dispersing King James's Declaration.
The 13th, The House being informed that Sir Adam
Blaire, Captain Vaughan, Captain Moyle, Dr. Elliott, Dr.
Grey, and several others, had dispers'd a seditious and treasonable Paper printed, and entitled a Declaration of King
James the Second; and the said printed Paper being read at
the Table, Resolved, That the said Persons be impeach'd of
High Treason for dispersing the said Paper.
Which is order'd to be burnt by the Hangman.
Ordered, That the said printed Paper be burnt by the hands
of the common Hangman.
Judges examin'd why they had been displac'd.
The 14th, the House being informed that, according to
their Order of Yesterday, the Lord Chief-Baron Atkins, Mr.
Justice Dolben, Mr. Baron Nevil, Mr. Justice Powel, and
Mr. Justice Gregory, attended at the Door;
Resolved, That they be call'd in, and ask'd for what Reason they were formerly displac'd from being Judges; a Chair
was then order'd to be set for them within the Bar, and they
were severally call'd in, and stood behind the same, the
Serjeant with his Macc standing by on the Right Hand,
and gave Answer to the Questions put to them by the House.
Sir Thomas Jones, Sir Francis Pemberton, Mr. Serjeant
Montague, Sir Creswell Levins, Sir Francis Withins, and
Sir Richard Holloway were then call'd in, and examin'd in
After which the House being inform'd, that Mr. Bridgman and Mr. Brathwaite attended at the Door according to
Clerks of the Council examin'd.
Resolved, That they be ask'd who were of the Privy-Council, at or about Lady-Day, 1681. and who were then of the
Cabinet-Council, and whether any Roll, or Note was kept
of their Names. And also, what Books and Papers they
have of Returns of Persons Names, who would take the penal
Laws and Tests, and where the same are, and what are become of them; and also, what Letters were sent to the Lord
Lieutenants, and what Returns they made.
Sir Robert Nappier's Report of Mrs. Fitz-Harris's Case.
The 15th, Sir Robert Nappier reported from the Committee appointed to inspect the Case of Mrs. Fitz-Harris, That the
said Mrs. Fitz-Harris had a Pension of 200 l. per Ann. for
15 Years allowed her, on account of her Father, (who was
Commander of the York Frigat) his being kill'd in the public Service; that this Pension was constantly paid her till
the Year 1681, when it was stopt because she would not
persuade her Husband to lay a Popish Plot on the Protestants; over and above which, she was threatned to be imprison'd on the same account. One John Lunn, likewise, affirmeth, that he was an Instrument of conveying Mrs. Fitzharris away, and was therefore sent for to Windsor; where
being brought before the late Lord Conway, the said Lord
first threaten'd him, and then offer'd him, the said Lunn,
5000 l. to deliver up the said Mrs. Fitzharris, which he refus'd. It further appear'd on the Evidence of one Mr. Harrington, that the said Mrs. Fitzharris was instrumental in
delivering the Earl of Shaftsbury, the Earl of Bedford, and
some other Lords, and divers Members of the House of
Commons, (some of which have acknowledg'd the same,)
from a Design, of putting treasonable Papers in their Pockets.
That she advertis'd several Persons of the villanous Project
against them, and was the only Person (under God) which
prevented its taking place; by persuading her Husband to desist from the villanous Attempt, though he had already receiv'd
200 l. as an Earnest of the late King, (which said 200 l. she
remembers her Husband brought home in a Hand-Basket,) and
tho she lost the Pension which she hopes to be restor'd to, and
that this Honourable House will recommend her and her
three Children to the present King as Objects of Charity.
Which the House agreed to, and order'd her to be recommended accordingly.
The same Day, the House agreed to the Address relating
to the Irish Protestants, which, after several Amendments,
stood in Substance as follows:
Address relating to the Irish Protestants.
'We your Majesty's most dutiful and loyal Subjects, &c.
having taken into our serious Consideration, the many great
Sufferings of the Protestant Nobility and Gentry of Ireland,
which their Zeal for the Protestant Religion, your Majesty's Service, the Interest of England in that Kingdom, and
Love to our Nation, have expos'd them to, &c. being the only
Body of Protestants ruin'd by the late happy Revolution, which
hath wrought so great a Deliverance, &c most heartily crave
Leave, in their Behalf, to offer their deplorable Condition
to your Majesty's most princely Consideration.
'And whereas, by reason of their Numbers, they are
very apprehensive of their being and continuing a Burthen
to this Kingdom while they remain in such Condition unemploy'd, and that many of them, for their Interest in, and
Knowledge of that Kingdom, as well as their Experience,
&c. in military Affairs, being well-qualify'd to serve under
your Majesty for the reducing thereof, and all of them pressing and forward for that Service, &c.
'1. We humbly recommend such of the said Nobility
and Gentry as are fit for military Employments, as very
proper Persons for reducing that Kingdom to its due Obedience to the Crown.
'2. That such as are not fit for the Field may be put into
such civil Employments, as they are most capable of.
'3. That for their present Subsistence we humbly pray
that the Sum of 15000 l. may be forthwith distributed among
them. And that for a further, and standing Fund for their
Subsistence, until Ireland shall be reduc'd, your Majesty will
be graciously pleas'd to issue forth your Royal Proclamation
requiring all Papists beyond Seas, who have Estates in England, and all Protestants that are in Arms, or otherwise engag'd against your Majesty, if any such there be, to return
within a certain Time; and that the Estates of such as shall
not give Obedience thereunto, be seiz'd into your Majesty's
Hands for the Relief of the said Nobility and Gentry, who
are, or shall be depriv'd of their Estates there.
'And we the rather make this our humble Supplication,
to your Majesties, because we esteem ourselves oblig'd to afford them present Relief, and to represent the speedy Recovery of that Kingdom, of great Importance to this in all
respects, as your Majesties, and the Nation's true Interest.
'And we do humbly beseech your Majesties to take the
Duke of Ormond, and his great Merits and Sufferings into
your particular, and Royal Consideration, and that your
Majesties would be pleased also to consider of the rest of the
Nobility and Gentry, already fled, and daily coming up
from Ireland, that remain unprovided for.
'And that your Majesties Favour and Bounty to the said
Nobility and Gentry, may be distributed with the greater
Ease and Advantage; we do humbly recommend to your Majesties, that what you shall be graciously pleased to advance
for their present Supply, you will be pleased to order the same
to be paid into the Chamber of London, or such other Place
as your Majesties shall think convenient, with as much Expedition, as the Urgency of your Affairs will admit; to be
thence paid out for them respectively, with as little Charge
and Trouble of Attendance as may be.'
The same Day the House resum'd the Consideration of the
Exceptions in the Bill of Indemnity, and the first Head being
read, after a Debate, it was resolved,
That no Person shall be excepted out of the Bill of Indemnity, as for Life, upon the said first Head.
And that some Persons shall be excepted out of the said
Bill, upon this Head, as to other Pains and Penalties not extending to Life.
The Land Tax-Bill pass'd.
The 17th, the Subsidy-Bill having been read for the third
Time, and received some minute Amendments, Resolved,
That the Bill do pass, and that the Title thereof be, An Act
for a Grant to their Majesties, of an Aid of 12 d. in the Pound
for one Year, for the necessary Defence of their Realms.
The Examination of Mr. Justice Powel, touching the King's dispensing Power.
The 18th, Mr. Justice Powel attending the House according to Order, a Chair was order'd for him, standing
behind which, he reply'd to the Questions put to him by
the House, concerning the Opinion of the Judges in the
Case of Goodwin and Hales, touching the King's Power to
dispense with the Laws, in Substance, as follows:
That he receiv'd Information from Sir Robert Wright
Puisne Judge of the King's Bench, that Lord Chief-Justice
Herbert had order'd him to acquaint the Judges of Serjeants-Inn, that he had receiv'd the King's Commands to
assemble all the Judges at the said Inn, to consult with them
upon certain Matters; and that the said Judges did meet
there accordingly. When the said Lord Chief Justice gave
them to understand, they were met to give their Opinions on
the Case of Goodwin and Hales, which he then put, to this
That an Information was exhibited against the Defendant,
upon the Stat. 25 Car. II. for exercising the Office of Colonel of a Regiment of Foot, without taking the Oaths,
Test, &c. To which Information the Defendant pleaded a
Patent from the King under the Great Seal, whereby he
dispens'd with his taking the said Oaths, Test, &c. with a
Non-obstante to the said Statute.
The House then proceeded to ask what Opinions the
Judges delivered on this Case; and he desiring to be excus'd
from answering, was order'd to withdraw. After which,
being call'd in, he was requir'd in the Name of the House,
to declare the said Opinions, with a saving to his own,
which he was left free to utter or conceal.
He then inform'd the House, that Lord Chief Justice
Herbert gave his opinion at large, in support of which he
cited several Cases. After which, he demanded his (Powel's)
Opinion: In Return to which, he pleaded the Importance
of the Case, his being unprepar'd, &c. and demanded till the
next Term to consult the Books, but was told Sentence
would be given the next Tuesday, which was the last Day
of Trinity Term: Upon which he promis'd to wait on the
Chief Justice the Monday following.
That Mr. Baron Milton then gave his opinion for the
That Mr. Justice Lutwych declar'd, the King could dispense in that case, but not in Ecclesiastical or Civil Affairs; and when he found others for a dispensing Power,
but limited, he added, Take notice, I pray, that I restrain
it to this particular Case.
That Mr. Baron Jenour and Mr. Justice Wright, and
Justice Holloway, were for dispensing with the Statute in
That Mr. Justice Street was against dispensing.
That Lord Chief-Justice Beddingsield was for it.
That Lord Chief Baron Atkins said, that if the Cases quoted by Lord Chief Justice Herbert were Law, the King
might dispense in this case. To which he added, (as he
conceives, he being far off, and not hearing distinctly) that
he knew not whether the Cases cited were Law or not.
That he (Powel) visiting him about 4 or 5 Days after,
and touching on the ill Consequences of that Opinion, he
declar'd he had given no positive Opinion, but was now
convinced that the King could not dispense with that
That Lord Chief Justice Herbert was for the dispensing
Power, as were likewise Mr. Justice Withins, and Mr.
That the Sentence was passed before the time prefix'd for
his giving his Opinion on the Case; but that his Design was
to deliver it against the dispensing Power.
He then withdrew, and Sir Robert Henley and Sir Samuel Astrey were called in; who declared, that the Day
Sentence was given, the Lord Chief Justice Herbert, the
Justices Withins, Holloway and Wright, were upon the
Bench; that they were all of the same opinion, and that
Herbert pronouncing Judgment, declar'd ten Judges were
positive for the dispensing Power: That one disputed, and
one hesitated; but that Justice Holloway inform'd him that
Morning, the last was come over to them. That the Case
was argued but once by Mr. Northey against the dispensing
Power, and by Sir Thomas Powis King's Council for it.
Judgment was pronounc'd by the Chief Justice alone,
without the Concurrence of the other Judges, seriatim, as
usual; and that the Chief-Justice laid down certain Propositions, some of which were, That the Laws were the King's
Laws, that the King might dispense with his Laws in case
of Necessity, and that the King was Judge of that Necessity.
Several other Persons were likewise examin'd on the same
Subject: After which the House proceeded to an Enquiry
who were at the Council-Board, and sign'd the Commitment of the seven Bishops to the Tower; and the Information was as follows:
| Lord Chancellor,
Marquis of Powis,
Earl of Middleton,
Earl of Melford,
Earl of Castlemain,
|Earl of Huntington,
Earl of Peterborough,
Earl of Craven,
Earl of Berkley,
Earl of Murray.
Sir John Ernley Chancellor of the Exchequer.
Lord Chief Justice Herbert,
Sir Nich. Butler,
All of whom sign'd the Commitment, except the King and
After a Debate on the first Head of Exceptions in the
Bill of Indemnity concerning the dispensing Power,
Four Judges excepted out of the Act of Indemnity.
Resolved, That Sir Edward Herbert, Sir Francis Withins,
Sir Richard Holloway and Sir Robert Wright, be excepted
out of the Bill of Indemnity on this Head.
The 19th, Sir Jof. Tredenham acquainted the House, that
his Majesty comply'd with the Address of the House with
respect to the Employments of the Irish Nobility and Gentry,
in reducing that Kingdom, &c.
Treasonable Papers communicated to the House, by order from the King.
The same day the House of Lords communicated certain
treasonable Papers to the House, by Order of his Majesty:
before the reading of which, Mr. Hampden acquainted the
House, that the said Papers were found upon two Persons,
who were going to Ireland, in a Ship which had stole out
of the Port of Liverpool, but was stopt about five Miles at
Sea: That they were dispatch'd up to Town, by the Mayor,
and that the Letter to Piggott, and two more, were written
by King James, tho' he had, in one of them, somewhat disguis'd his Hand.
Upon reading the said Papers, the House Resolv'd, That
an Address be presented to his Majesty, that all considerable
Papists be taken into Custody, and that their Arms and
Horses shall be search'd for, and seiz'd.
That whatever Protestants shall harbour or conceal any
such Arms, or Horses, shall be reputed Enemies to their
Majesties, and be proceeded against, accordingly.
And that an Address of Thanks be presented to his Majesty, for communicating the said Papers.
A Clause from the Lords, in favour of the House of Hanover, rejected.
The same day, the Amendments added by the Lords to
the Bill for declaring the Rights and Liberties of the Subject, and
settling the Crown, were read; one of which providing, that in
Default of Issue in the Queen, and Princess of Denmark, the Crown
should descend to the Hanover-Line, it pass'd in the Negative
nem. con. A Debate likewise arose on another of the said
Amendments, which was a Sort of Test to be presented to such
Persons as were to succeed to the Throne, in Case of such Default
of Issue, and to be made the sine qua non of their Accession: Which
ended, in referring the said Clause to the Consideration of a
The 31st, both Houses compromis'd their long, and intricate Dispute, on the Bill for enabling the Lords Commissioners of
the Great-Seal, to execute the Office of Lord-Chancellor, and LordKeeper.
Cornish's Attainder revers'd.
The 22d, the Bill from the Lords, to Reverse the Attainder
of Henry Cornish Esq; was pass'd, together with a Clause for
cancelling and taking off the File, all Proceedings and Records relating thereto.
The Petition of John Bearcroft Esq;
The same day, a Petition of John Bearcroft Esq; late Serjeant at Arms, to King Charles II. was read, setting forth,
That he having been most active in executing his Orders
against Popish Priests, many of whom he had taken, at the
very Altar, and going in continual Danger of his Life on
that account, was forc'd to dispose of his Place and abscond.
That having an only Son, he settled all he had upon him,
from whom he expected a Support. But he being afterwards murder'd in the Street, by a Popish Priest, your Petitioner was thrown into the King's-Bench-Prison, to his utter
Ruin. That, on this most happy Revolution, he did not
doubt, but Sufferers would have been rewarded. But that
he experienced the contrary, his Petitions being all rejected
by those who had the Disposal of Places above stairs; who
openly sold them to the highest Bidder. That, tho' he
wanted Bread, he was ordered to trouble them no more.
That, therefore, he pray'd the House would be pleas'd to
call before them Fleet Shepherd, Simon Smith, and Richard
Colling Esqs; to account for the many thousand Guineas they
have unjustly got, for the Disposal of the said Places, and
that this Petitioner may be allowed to produce his Witnesses
to prove the same.
Resolv'd, That the Petition be referr'd to the Committee,
appointed to enquire into Abuses in selling of Offices, and
that a Bill be prepared to prevent the like for the future.
Several Acts pass'd.
The same day, the King went to the House of Peers, and
gave the Royal Assent to the Land-Tax Bill: An Act for enabling Commissioners of the Great-Seal, to act as Lord Chancellor,
or Lord-Keeper: An Act for reviving two former Acts for the
Exportation of Leather: An Act for the Exportation of Beer,
Ale, Cyder, and Mum: And six private Bills.
The 24th, the Committee, appointed to examine by what
Authority, Mr. Samuel Johnson came to be degraded, made
their Report in Substance, as follows:
The Case of Mr. (fn. *) Samuel Johnson.
That an Information in the King's-Bench was exhibited
against him for a Libel in the late Reign, by Sir Robert
Sawyer, the Attorney-General; that in the same Term they
forc'd him to plead, and procur'd a Jury to find him guilty;
that Sir Francis Withins sentenc'd him to pay 500 Marks;
to lie in Prison till it was paid; to stand in the Pillory three
Days in three several Places; and to be whipt by the common Hangman from Newgate to Tyburn: That the Judges
then on the Bench, were Lord Chief-Justice Herbert,
Withins, Wright and Holloway. That it being esteem'd
a Scandal to the Clergy to have so infamous a Punishment
inflicted on one of their Body, the Bishop of Winchester,
(the King's-Bench being in his Diocese) and the Bishops of
Durham, Rochester and Peterborough, Commissioners to
exercise the Jurisdiction of the Bishop of London, in whose
Diocese his Rectory was, were summon'd to meet at the Convocation-House, whither Johnson was brought by Habeas
Corpus: And a Libel being exhibited against him by one Lee
a Proctor, charging him with great Misdemeanours, on Record before the Temporal Judges, but specifying none, he
demanded a Copy of the said Libel, and an Advocate; both
which were refus'd, and the Bishops proceeded to Sentence
forthwith, which was,
1. That he should be declar'd infamous.
2. That he should be deprived of the Rectory of Cunningham in Essex.
3. That he should be henceforward a mere Lay Man,
and no Clerk; and deprived of all Right and Privilege of
4. That he should be degraded thereof, and of all Vestments and Habits of Priesthood.
5. And that he should undergo the Punishments aforesaid,
To this Mr. Johnson enter'd his Protest, as being done
against Law, and Canon 132, as likewise not by his Diocesan
(then suspended.) But the Bishops refus'd the said Protest.
That then he appeal'd to the King in Chancery; but his
Appeal was rejected.
That they degraded him upon the Spot; so that the Libel, Sentence and Execution were all within three Hours.
That the whipping was with great Rigour and Cruelty; the Whip itself, being shewn to the Committee, and
consisting of nine Cords, knotted.
That when he stood in the Pillory, Mr. Rowse, the Under-Sheriff, tore off his Cassoc, and put a Frieze Coat on him.
And that Mr. Johnson's Wife had a like Information exhibited against her, with that of her Husband.
Resolved, That the Judgment against Mr. Johnson in the
King's-Bench was illegal and cruel.
That the Ecclesiastical Commission was illegal, consequently
the Suspension of the Bishop of London; and that the Authority, committed to the aforesaid Bishops, was null and
That Mr. Johnson not being sentenc'd, depriv'd and degraded by the Bishop of London (tho' he had deserv'd the
same) the said Proceedings were illegal.
That a Bill be brought in to reverse the Judgment in the
King's-Bench, and to declare all the Proceedings before the
Three Bishops to be illegal, null and void.
That, in the said Bill, the Proceedings upon the said
ecclesiastical Commission be declared void.
That Mr. Johnson be recommended to his Majesty, for
some ecclesiastical Preferment, suitable to his Services and
Articles of Impeachment, prefer'd against several Persons.
The same day, Articles of Impeachment were read, and
agreed to by the House, against Sir Adam Blair, Capt.
Henry Vaughan, Capt. Frederick Moyle, Dr. John Elliott,
and Dr. Robert Grey, for composing and publishing a Declaration in the Name and behalf of the late King James.
A Petition from the Common-Council of London.
The 25th, the House received a Petition from the Common-Council of London, by the Sheriffs, in which, after
many Compliments to the House, on the great Things they
had done for the Nation, they pray, That our most gracious King may be freed from all Restraints of using his
Protestant Subjects indifferently, in his Military, or Civil
Services, according to their several Qualities and Abilities,
Reasons given to the House, by Lord Nottingham, Secretary of State, for ordering Lord Danby (a Member) into Custody.
The 28th, the Committee appointed to wait on the Earl
of Nottingham, Secretary of State, for Reasons, why he
had issu'd out his Warrant for seizing the Earl of Danby,
a Member of the House, made their Report; which was a
Writing under the said Secretary's own Hand, containing
the Questions put to him by the Committee, and his Answers.
By which appear'd that Lord Danby, having fitted out a
Yatcht for his own Pleasure, the Secretary had fancy'd, he
was guilty of treasonable Practices against the State; but on
Examination, finding no farther Cause of Suspicion, had
discharg'd him without Bail.
Resolv'd, That the granting a Warrant to arrest the Earl
of Danby, a Member of this House, and the taking him
into Custody, is a Breach of Privilege.
The same day, his Majesty made the following Speech
to both Houses:
The King's Speech to both Houses.
'My Lords and Gentlemen,
The Time of the Year being so far advanced, and there
being several Acts yet to be passed for the Safety and
Settlement of the Nation, I desire you would expedite them
as soon as you can, it being necessary there should shortly
be a Recess, both that I may be at liberty to pursue the
Business of Ireland with all possible Vigour, and that the
Members of both Houses may repair to their several
Counties, to secure the Peace, and to put the Militia into
some better Posture.
'I am very sensible of the Zeal and good Affection which
you, Gentlemen of the House of Commons, have shewed
to the Public, in giving those Supplies you have done already: And I do not doubt but from the same Inducements you will be ready to give more as Occasions require, which I must let you know will be sooner than perhaps you may expect, because the necessary Expence of
this Year will much exceed the Sums you have provided
for it. And that you may make the truer Judgment in
that Matter, I am very willing you should see how all the
Moneys have been hitherto laid out; and to that end I
have commanded those Accounts to be speedily brought to
you, by which you will see how very little of the Revenue
has been applied to any other Use than that of the Navy
'I must remind you of making an effectual and timely Provision of the Money for the States of Holland; and I doubt
not but you will take care to see a fitting Revenue settled
'My Lords and Gentlemen,
'I will add no more, but recommend earnestly to you,
to avoid all Occasions of Dispute or Delay, at a time that
requires Union and Vigour in your Councils, upon which
the Preservation of all that is dear to us doth so much depend: And I do promise that nothing shall ever be wanting
on my Part, which may contribute towards it.'
Estates of the Rebels in Ireland, voted to the Relief of the Protestants. ; And the Proceedings of the pretended Parliament there declared void.
The 29th, Resolv'd, that the Committee, to whom the
Bill for attainting certain Persons is referr'd, do prepare a
Clause, that the Estates of those Persons now in Rebellion in Ireland, be apply'd to the Relief of the Irish Protestants; and likewise, to declare all the Proceedings of the pretended Parliament
and Courts of Justice there, to be null and void.
Address for an Article, in all Treaties, to prohibit all Trade with France.
July 1, Resolv'd, That an humble Address be made to his
Majesty, that, in all his Treaties with his Allies, for carrying on the War with France, there be an Article inserted,
to prohibit all Trade with that Kingdom. To which his
Majesty was afterwards pleas'd to answer, 'That he had
taken care of that Particular, in his Treaty with the Dutch,
Persons excepted, on the second Head of the Bill of Indemnity.
The same day, the House proceeded on the Exceptions in
the Bill of Indemnity, and the second Head being read, Resolv'd, nem. con. That Lord Jeffreys, the Earl of Sunderland,
the Bishop of Durham, Sir Edward Herbert, the Earl of
Huntington, Sir Roger Wright, Sir Thomas Jenner, and the
Bishop of Chester, be excepted out of the said Bill, on this
The 2d, Mr. Hampden acquainted the House, That, in
Answer to their Address, relating to what Numbers of Ships,
and of what Force, the States-General have set forth, or
were obliged to set forth, for this Summer's Expedition,
with his Majesty's Fleet, his Majesty said, all were come in,
but two: And ordered Lord Nottingham to give an Extract
of the Treaty with the States, which was as follows:
Extract from the Treaty with the States.
'The States-General shall put to Sea 30 Ships of War,
viz. Eight from 70 to 80 Guns, seven from 60 to 70, and
fifteen from 50 to 60 Guns, beside 9 Frigats and 4 FireShips: On board of which shall be embark'd 10,572 effective
The 3d, Sir John Guise having deliver'd a Report relating to the Books of the Admiralty, the same was ordered
to be seal'd up.
An Address voted, for Leave to inspect the Council-Books, &c. ; An Enquiry ordered, concerning the English, and Dutch Fleets.
Resolv'd, That a second Address be presented to his Majesty,
for leave to inspect the Books of the Privy-Council, and those
of the Irish Committee, and for taking Copies of such Papers as relate to the Irish Affairs. And a Committee was
appointed to draw up the said Address, accordingly. Who
were likewise instructed to enquire, why the Dutch Fleet
was out no sooner to join the English Fleet. Also, why the
English Fleet was laid up, and why there was a Delay in
setting forth another.
Resolv'd, That an Address be presented to his Majesty, That
he will please to appoint a Fund of Credit, for such as will
furnish Money for Relief of the Irish Protestants fled into
this Kingdom; which the House engag'd to repay.
The Address for Leave, &c. read.
The 5th, the Address was read and agreed to, for leave
to inspect the Council-Books, and to take Copies, especially
from Dec. 27, 1688, to June 1, 1689. in which, the deplorable State of Ireland was charg'd on the Neglect, or
ill Conduct of some Persons employ'd in the Affairs of that
Kingdom. And the Reason of this Inspection is said to be.
That we may be enabled to give your Majesty such Advice,
as may prevent the like Miscarriages for the future.
A Bill ordered, for preventing Children from being educated in Popish Seminaries abroad.
The same day, a Report was made of several Children,
educated in Popish Seminaries abroad, by Direction of their
Parents and Guardians. And Leave was given to bring in a
Bill to prevent the like Abuses, and oblige such Children
as were then abroad, to return.
Report on the Case of Topham, Serjeant at Arms.
The 6th, Colonel Birch made his Report, from the Committee, appointed to examine the Petition of John Topham
Esq; Serjeant at Arms; the Substance of which, was as follows: That the said Topham being serv'd with several
Actions of Assault and Battery, by certain Persons he had
taken into Custody by Order of the House, had pleaded
Obedience to the House, in Justification: And that his Pleas
were, notwithstanding, over-rul'd: Jeffreys, Holloway,
Walcot, Pemberton, Jones, and Raymond, during the time
of those several Actions, being Judges of the King's-Bench.
Resolv'd, That the said different Judgments, given in the
King's-Bench against the said Topham, are illegal, and a
Violation of the Privileges of Parliament, and pernicious to
the Rights of Parliament, and that a Bill be brought in, to
reverse the said Judgments.
Order'd, That Sir F. Pemberton, Sir T. Jones, and Sir F.
Withins, do attend the House.
A Motion with regard to the Militia, rejected.
The 9th, the House being on the Bill to render the Militia
more useful, a Clause was offer'd, for a 4th Part of the Militia
to be drawn together for days this Year, but rejected.
Another agreed to.
Another Clause being likewise offer'd to be made a Part of
the said Bill, for indemnisying and saving harmless, all such as
had taken Arms in Behalf of his Majesty, while Prince of Orange:
Resolv'd, the said Clause be made Part of the Bill.
An additional Duty laid on Coffee, Tea, and Chocolate.
The 10th, The Bill for an Additional Duty on Coffee, Tea,
and Chocolate, under the Title of An Act for collecting the Duties upon Coffee, Tea, and Chocolate, at the Custom-House, was
pass'd, and Order'd up to the House of Lords.
Sir Francis Pemberton examined.
The same day, Sir Francis Pemberton, being desired by
the House, to give his Reasons for over-ruling a Plea of
the Order of that House, in the Case of Jay and Topham,
he reply'd, that he knew little of the Case, it was so long
since. But, that in Case the Defendant should plead he did
arrest the Plaintiff by order of this House, and should plead
that to the Jurisdiction of King's-Bench, he thought, with
Submission, he could satisfy the House, that such a Plea
ought to be over-rul'd: And that he took the Law to be so
He, then, withdrew.
And Sir Thomas Jones.
Sir Thomas Jones being, then, examin'd to the same Point,
was pleas'd to reply, That tho' it was long since the Case was
argued; and that he, not knowing what he was to attend
upon, could give no account thereof: But, that, if any such
Judgment was given, he hoped it was according to Law,
as the Matter was pleaded.
And then he withdrew.
Sir Francis Pemberton if examined.
Sir Francis Pemberton was then again call'd in, and his
Reasons being demanded, for his general Assertion, beforesaid: He desired Time to answer, both to the whole together, and the particular Case of Jay and Topham.
But, an immediate Answer being insisted on, he said, that
what he spoke, was quoad hoc, to that Case; however, he
gave what he had said, for his present Thoaghts and Reasons.
Being withdrawn, it was Resolv'd, after a Debate, that
the Orders and Proceedings of this House being pleaded to
the Jurisdiction of the Court of the King's-Bench, ought
not to be over-ruled.
Order'd, That Sir F. Pemberton, and Sir T. Jones, do attend the House again.
The 11th, Mr. Carter reported, from the Committee appointed to draw up Reasons to be offer'd at a Conference
with the Lords, on the Bill for diclaring the Rights and Liberties of the Subject, and settling the Succession of the Crown;
That the said Committee had agreed, as follows:
Reasons to be offered at a Conference on the Bill of Rights.
That the Commons do not agree with your Lordships in
the 1st Amendment, Skin 7, l. 25. (relating to the Settlement
of the Crown in the Hanover Line) for these Reasons:
'1. That it is not contain'd in the Declaration, which was
presented by both Houses, to their Majesties, upon their
Acceptance of the Crown.
'2. A farther Limitation of the Crown, may be dangerous, and of ill Consequence.
'To the last Amendment, they disagree, because,
'The dispensing Power, has been assum'd, within Time
'Because it hath unreasonably increas'd from time to
time, to the overthrow of multitudes of good Laws.
'Because all Laws, made for the Benefit of Trade, may
be thereby eluded, and Monopolies erected.
'And, generally, because the Mischiess, that have been
consequent thereon, are so great, that the Commons can find
no Remedy to prevent the same, but by insisting upon the
Clause, and Proviso.
Order'd, That the Conference be manag'd by the said Committee.'
Two Clauses offer'd to the Militia Bill.
The same Day, a Clause was offer'd, and agreed to be
made a Part of the Militia-Bill, for such as had received Trophy-Money, to give an Account thereof. And for the Receivrs, or
Treasurers to give Security, to give Account for the future.
Another Clause was likewise offered, for the Governor of
the Tower to turn the Militia of the Tower-Hamlets, into Fuzileers;
and for him to appoint a Treasurer, and other Things relating to
that Militia, as are done by the Lieutenancy of London: but pass'd
in the Negative.
The 12th, the Record of a Judgment of the Court of
King's-Bench, upon an Information against William Williams Esq; in the Name of Sir Robert Sawyer, AttorneyGeneral, being read, Resolv'd, That the said Judgment,
&c. for Matters done by order of the House of Commons,
and against William Williams Esq; as Speaker thereof, is
illegal, and against the Freedom of Parliaments: And that a
Bill be brought in, to reverse the said Judgment.
Judgment of the King's-Bench, against a late Speaker, revers'd.
Order'd, That Sir Robert Sawyer, do attend in his Place,
to give the House a particular Account of the Orders, &c.
he received for the said Prosecution.
Sir Robert Howard then inform'd the House, that he was
commanded by his Majesty, to let them know.
King's Message to the House by Sir Robert Howard.
'That his Majesty is very sensible of the great Burden of
Business that has lain upon them; and, which he hopes is
now near finish'd, that the Country may receive the Ad
vantage of a Recess by the several Members assisting in the
Settlement of public Affairs; and also, that they may have
the Benefit by it, to take care of their own particular Concerns. And that tho' his Majesty believes, that this House is
assur'd, that by what Preparations are made and must be
continued and encreased, there will be need of great Sums
of Money; yet his Majesty is so sensible of the Disposition
of this House, that he is willing no farther Proceedings upon
raising of Money should be, till the Meeting towards Winter; other than what the House have, now, themselves design'd: And had commanded him to acquaint the House,
that, what they have given him, shall be so apply'd, as that
when they meet again, he is confident they will receive
Satisfaction, (which he always desires) in examining of.
Lastly, his Majesty commanded him to remind them of the
Act of Indemnity, which was all he had in Command.'
Resolv'd, That Sir Robert Howard do present the humble
Thanks of the House to his Majesty.
Lands of the late Queen, vested in their Majesties.
Resolv'd, That a Clause be added to the Bill for settling the
Revenue, That the Lands and Revenues, granted to, or in Trust
for the Queen-Consort of the late King James, be vested in their
Majesties; and that all Acts relating to the same, be repeal'd.
And that the Revenue to be settled upon their Majesties,
be free from any Charge, or Incumbrances.
The 13th, two other Petitions were preferr'd against the
The same Day the House pass'd the Bill from the Lords,
entitled an Act to regulate the Administration of Oaths, requir'd to be taken by Commission or Warrant-Officers,
A Motion, that Mr. Jephson might account for certain Passes granted to Rebels.
The same Day Sir John Guise acquainted the House from
the Committee, on the State of Ireland, That it has appear'd to
them that several Persons, who are in Arms in that Kingdom,
had been in Custody here in England, and were releas'd; and
had Passes given them, and that Mr. Jephson, a Member of
this House, was then Secretary; and that the Committee had
directed him to move that Mr. Jephson might give an account thereof to the House.
And then the House made an Order accordingly.
As likewise, that the Auditor of the Exchequer do bring
an account of what Monies have been issued out of the Exchequer for secret Services, and to whom, since 1682.
His Majesty's Answers to two Addresses.
Sir John Guise then farther acquainted the House, that
having waited on his Majesty with the Address, for Leave to
inspect the Council-Books, &c. his Majesty was pleas'd to
answer He would consider of it. That he had likewise presented to his Majesty the other Address, that his Majesty would
be pleased to appoint a Fund, for Credit for such as should
furnish Money for Relief of the Irish Protestants fled into
this Kingdom, and that his Majesty was pleas'd to say at first,
That he lik'd it well. That his Majesty then ask'd the Sense
of the House touching that Matter; and being told the Irish
were in Necessity, and that the House would take care to
satisfy what was disburs'd, added, That he would do what he
could in it.
Vote occasion'd by the First.
A Debate ensued on his Majesty's Answer to the first
Address, and then the House resolved, nem. con. That those
Persons who have been the Occasion of delaying sending
Relief to Ireland, and those Persons, that advise the King
to defer the giving leave for some Persons to inspect the
Council-Books, &c. are Enemies to the King and Kingdom.
A Debate then arose, touching an Address to be presented
to his Majesty, for removing the Marquess of Hallifax, and
Marquess of Carmarthen, from his Council; but was adjourn'd.
Mr. Jephson's Vindication.
The 15th, the Bill for an additional Excise was read the
Third Time and pass'd, and Mr. Jephson appear'd in his
Place according to Order, and acquainted the House, that
he had perus'd the Books by him kept while Secretary to
his Majesty, and that he did not find any of the Persons in
Dispute mention'd there, with which the House was satisfy'd
that there were no Passes granted to any of the said Persons.
Proceedings on the Bill of Indemnity.
The same Day the House proceeded in the Bill of Indemnity, and Resolved, That no more Persons should be excepted
on the third Head. After which, the fourth being read;
Sir Dudley North was ordered to attend, to give an Account,
by what Orders, &c. he and the other Commissioners of the
Customs, collected the same from the Death of King
Charles II. till the Meeting of the Parliament in James II.
Resolved, That his Majesty be humbly desired, to give leave,
that the Council and Treasury-Books may be inspected, in
relation to the collecting the Excise and Customs, during
the said Interval.
The 15th, the House received a Petition from several Officers, Inn-keepers, and Clothiers, that serv'd in, quarter'd and
cloathed the Army in 1677, praying Relief, &c. and it was
resolv'd, to take their Case into Consideration, after the Recess.
The Militia-Bill pass'd.
The same Day the House pass'd the Militia-Bill, under
the Title of An Act for ordering the Forces in the several Counties of this Kingdom.
Report of a Conference with the Lords on the Bill of Rights and Succession.
The same day, likewise, Mr. Carter reported from a Conference with the Lords on the Bill of Rights, and Succession;
That Lord Rochester manag'd for the Lords, and gave these
Reasons for disagreeieg with the House thereon.
1. Tho' in the Instrument offer'd to their Majesties, the
Limitation went no farther than their Persons, yet in a Law
which has Respect to all succeeding Ages, and that settles
for ever the Liberties of the Subject, they think it reasonable to carry the Limitation of the Succession of the Crown
farther than was necessary in that Instrument, in which the
Crown was offer'd to their Majesties, and that had no View
but of the Succession to their Posterity.
2. They can see no Danger, nor any ill Consequences
that may follow on a farther Limitation, but very much to
For 1. This secures the Nation effectually from the Danger of having a Papist to reign at any Time hereafter: since
of such a number of Papists as stand next the Crown in the
Lineal Succession, some might be prevail'd upon to shew a
change in their Religion, if they had a Prospect of succeeding to the Crown, upon it; and no Danger being so great as
the having one who is a pretended Protestant, but is, in truth,
a conceal'd Papist to reign over us, the most effectual way to
secure our Religion, is to declare the Succession in a Family,
that we know is certainly Protestant.
2. It is the Interest of England, at present, to do Right to
that great House, by limiting the Succession according to the
For, since this Limitation has been propos'd, if it should
be now laid aside, it would look like an excluding of this
House, which might provoke them to take Resolutions which
might be of great prejudice to the Nation in the present Conjuncture.
And since for these Reasons, the Lords insist upon their
Proviso, the same Reasons determine them likewise to insist
upon that part of the Rider, which relates to it.
The Question being then put to agree with the Lords, in
their Amendments, it passed in the Negative.
After which, farther Reasons were order'd to be propos'd
to be offer'd at a free Conference with the Lords why the
House did not agree to the said Amendments.
Duke Schomberg desires to take leave of the House.
Sir Henry Capel then acquainted the House, that the Duke
de sichomberg desir'd to have the honour to wait upon the
House; that he being just going in the Service of the Crown,
on the Expedition to Ireland, he would very willingly acknowledge the Care this House hath had of him, and the
Fruit he had received of it, and take his leave of them; that
his Merit was great, and that the King had rewarded it like
a King: Having made him a Duke and Peer of England,
and settled 5000 l a Year, on him and his Heirs, in
lieu of the like Revenues he had lost in France and Germany: Two Peers and Two of the House of Commons being nam'd Trustees, for the making Purchases in order
The Duke being then introduced, sat down, cover'd, in a
Chair plac'd for him towards the middle of the House, where
having continued some time (the Serjeant with the Mace
standing at his Right Hand) he rose, and, uncover'd, spake to
the following effect:
'Mr. Speaker, I have desir'd this Honour, to make my
just Acknowledgments for the great Favours I have received
from this House, and doubt not but to find the Effects of it
in his Majesty's Grace and Favour, and also take my leave
of this honourable House; being now going to Ireland,
where I shall freely expose my Life in the King's Service
The Speaker then reply'd as follows:
The Speaker's Reply.
'My Lord, The Services that have been done by your
Grace to their Majesties and this Kingdom are so great,
that they can never be forgotten: I am therefore commanded by this House to acquaint you that they are extremely
satisfy'd that his Majesty's Army is committed to your Grace's
Conduct; and they doubt not but the War will be prosecuted
in such a manner as will fully answer all their Expectations.
This House doth likewise assure your Grace, that, at what
distance soever you are, they will have a particular regard,
as much as in them lies, of whatever may concern your Grace,
or the Army under your Command.'
The King agrees that the Council-Books shall be inspected.
His Grace then withdrew, and Mr. Comptroller acquainted the House, that his Majesty consented that the CouncilBooks might be inspected, both as to the collecting the
Customs and Excise, after the Death of Charles the Second,
and in relation to the Irish Affairs.
Petition of Dockra, Inventor of the Penny-Post.
The 16th, William Dockra presented a Petition to the
House, setting forth, That having with great pains and
expence, projected and perfected a new Invention, vulgarly
call'd The Penny-Post, as soon as it turn'd to an Account;
the late Duke of York caus'd him to be serv'd with twenty
several Actions at once for pretended Penalties in the PostOffice Act, 12 Charles II. and two more, laid at 10,000 l.
and Matters were so managed that he was turn'd out of all,
tho' his Project was distinct from, and no ways interfer'd
with the Post-Office, and prayed Relief, &c.
The said Petition was referred to the Committee of the
whole House upon the Revenue.
Another of the surviving Servants of Charles II.
The 19th, the surviving Servants of King Charles II.
presented a Petition, praying their Arrears might be made
good, out of an Imposition on Tobacco and Sugars, granted
in the Reign of the late King. James, wherein special Provision was made for paying the said Arrears, tho' never but
in part comply'd with, &c. The said Petition was referr'd
like the former.
Sir F. Pemberton and Sir T. Jones order'd into Custody.
The same day Sir Francis Pemberton and Sir Thomas
Jones were severally examin'd, touching their Reasons for
over-ruling the Plea of Serjeant Topham, to the Action
brought against him by one Jay, and order'd into Custody
of the Serjeant at Arms.
Several Petitions with Claims on the Revenue presented.
The 30th, the Petitions of the Countess of Bristol, Elizabeth Hamilton Widow, John Shaw, and others; Lady Howard Relict to Lord Howard of Escrich, Mary Kirk Widow, Sir Stephen Fox, Sir Rob. Dashwood, Sir Samuel
Moreland, Frances Dutchess of Richmond and Lenox, and
Barbara Duchess of Cleveland, Philip Darcy Esq; and Lady
Jane Lane's Petitions were severally presented to the House,
with Claims on the Revenue, and referr'd to the Committee
of the whole House; as were likewise, afterwards, several
other Petitions of the like nature.
The same day, Sir William Pulteney reported from the
free Conference with the Lords on the Bill of Rights and
Succession, that the Matter had been debated by both Parties, and that there were hopes the Lords would agree with
this House, touching the said Bill.
The 22d, Sir Thomas Littleton reported the Reasons to
be offer'd at a Conference with the Lords, on the Bill
for reversing the two Judgments of the King's Bench against
Oates. But the whole Case being hereafter recapitulated,
we shall, for the sake of Brevity, insert the said Recapitulation
The 24th, the House by Message put the Lords in mind
of four Bills before them, viz. The Bill of Rights and Succession; That for attainting certain Persons in Rebellion;
That for reversing the two Judgments against Oates, and
the Militia-Bill; and desir'd their Lordships to dispatch
The Repeal of the late King's Revenue voted.
Resolved, That Leave be given to bring in a Clause to the
Bill for settling the Revenue, to repeal the Act which settles
the Revenue upon the late King for Life.
The same day, the Lords sent back the Bill for an additional Duty on Coffee, Tea and Chocolate, with certain Amendments, which on the Question pass'd in the Negative; and Reasons were order'd to be prepar'd for a Conference thereon.
The 25th, Titus Oates petition'd to be restor'd to his Pensions of 624 l. 60 l. and 200 l. per Annum.
The same day, Mr. Papillon, reported from the Committee
appointed to examine the Council-Books, with respect to the
collecting the Excise and Customs, from the Death of King
Report from the Council-Books, relating to the collecting the Customs and Excise.
That, with regard to the Customs, the Commissioners
who appear'd at the Custom-House, from that Time, were
Lord Cheney, Sir Richard Temple, Sir Nicholas Butler,
Sir John Buckworth, William Dickenson, Sir John Worden,
Sir Dudley North, and Tho. Chudleigh.
That, among other Instances, Mr. Francis Miller inform'd
the Committee, That being at the Custom-House, about a
fortnight after the Death of King Charles II and discoursing
with the Commissioners, he told them, He was not free to pay
the Customs, and had his Fears of what might come thereafter.
To which Sir Nicholas Butler reply'd, That it was Fears which
brought on the last Rebellion. This was confirm'd by one Mr.
Mr. Cockram said, That He and others being at the Custom-House with the Commissioners, the said Commissioners asked,
What Lawyers the Merchants had advis'd with? And it being
reply'd, They had as yet advis'd with none; Sir Nicholas Butler
rejoin'd, We know what you are: If you are ready to dispute it,
we are ready to dispute it. To which Sir John Buckworth added, Do not dispute it! It must be paid.
That, as to the Excise they find a printed Proclamation
dated Feb. 16. signifying that the Commissioners of the
Treasury, viz. Lord Godolphin, Sir J. Ernley, Sir S. Fox,
Sir Dudley North, and Frederick Hume, had farm'd the
Excise to Sir Peter Apsley, Sir Daniel Bathurst, and James
Grahme, for three Years, for the Rent of 550,000l. That,
according to the Opinion of the Judges, the said Contract was
valid in Law, notwithstanding the Death of the late King;
and requiring all Commissioners, Sub-commissioners, and all
other Officers, to aid and assist in collecting the said Duties
during the said Term.
That they find by a Commission, dated March 1, Jac. II.
Sir Darcy Ashburnham, Francis Parry, Charles Davenant,
John Friend, Felix Calverr, Nathaniel Hornby, and Rich.
Grahme, to be Commissioners and Governours for Receipt
of the Excise, &c. and that all the said Commissioners had
acted as such, &c.
The said Report was ordered to lie on the Table, to be considered when the Bill of Indemnity came next before the House.
The same day Sir John Trevor reported from the Committee, the Reasons to be offer'd at a Conference with the
Lords, for not agreeing with their Lordships in their Amendments to the Bill for laying an additional Duty on Coffee,
Tea and Chocolate; which were in Substance as follow.
Reason for not agreeing with the Lords Amendments to the Bill for an additional Duty on Coffee, &c.
1. The Commons have always taken it for their undoubted
Privilege (of which they have ever been tender and jealous)
that in all Aids given to the King by the Commons, the
Rate or Tax ought not to be any way alter'd by the Lords.
2. The Amendments being in point of Time, the Commons hope your Lordships will not now renew a Question
concerning the Method of granting Aids, which formerly
occasion'd great Debates; and which may now beget many
Conferences, and end in great Inconveniences.
3. The said Amendments make the Bill incoherent, for
both Houses having agreed, that the Forfeitures should commence from July 20, it will look strange that the Forfeitures
should begin before the Duty is made payable.
4. Ships are now arriving daily, with the Commodities
mentioned in the Bill; and it will therefore be a loss to the
King, by putting the Commencement of the Duty so far off.
5. As to your Proviso, it being an Alteration, the Commons assign their first Reason for disagreeing to it; and hope
your Lordships will not revive old Disputes.
The Royal Assent given to several Acts.
The same day the King gave the Royal Assent to several
Bills, viz. An Act for an additional Excise on Beer, Ale, &c.
An Act to regulate the Administrations of Oaths to be taken by
Commission and Warrant Officers. An Act for taking away the
Court held before the President of the Marches of Wales. An Act
for vesting in the two Universities the Presentation of Benefices
belonging to Papists. An Act for erecting a Court of Conscience
at Newcastle-upon-Tyne. An Act for erecting a Court of Conscience in the City of Bristol. An Act for the better regulating
the Salt-Works at Droitwich. And to one private Act.
Duties to be collected by the old. Book of Rates till a new one is prepar'd.
The same day, likewise, it was resolved, That a Clause
be prepar'd and brought in, that the Duties settled by the
Book of Rates now in being, shall continue and be collected until new Books of Rates shall be settled by the Commons in Parliament, and signed by their Speaker, and no
longer; and to enact, that the said new Books of Rates shall
be settled within the space of three Years.
The 26th, the two Houses had a Conference on the Bill
to reverse the two Judgments against Oates, when the Lords
insisted on their Amendments.
Lords Reasons for insisting on their Proviso to the Bill for an additional Duty on Coffee, &c.
The 28th, the Lords, at a Conference, gave their Reasons
for insisting on their Proviso to the Bill for an additional
Duty on Coffee, Tea and Chocolate: Which were in Substance as follow:
The Lords are much surpriz'd at the Assertion of the
Commons, That, in all Aids, given to the King by the Commons, the Rates or Tax ought not to be any ways alter'd by
the Lords, since they conceive it hath always been their undoubted Right in such Case, to lessen the said Rate or Tax,
whereof several Precedents might be given, which at present they are willing to forbear, that they might not revive
But as to their present Proviso, their Lordships are of Opinion this general Point is not to the Case now in difference;
it being neither an Alteration nor lessening of the Duty laid
upon those Commodities; for a Drawback on the Re-exportation, cannot be said to lessen the Rates impos'd upon them;
it does indeed take away so much from the King's Income,
but adds much more to the Benefit of Trade, which the Lords
conceive they are equal and competent Judges of, and therefore may very well insist on their Proviso.
To which the Duke of Bolton added, That he hoped a
good Correspondence would be maintain'd between the two
Houses; for that they were Englishmen, as well as the Commons.
And the Question being put, to agree with the Lords, it
pass'd in the Negative, and Reasons to be offer'd at a free
Conference were directed to be prepar'd.
The 31st, the Lords desir'd a free Conference on the Bill of
Rights and Succession, of which Major Wildman gave the
Report of a free Conference with the Lords on the Bill of Rights and Succession.
That the Bishop of Salisbury was Chief Manager for the
Lords, who said the Lords had consider'd of what was offer'd
at the last free Conference; and as to the two Clauses, and
all Matters depending thereon, touching the Declaration to
be made by the King and Queen, and the Persons to take
the same, the Lords insist upon their Amendment; and that
they adhere to their Amendment touching the Limitation to
the Princess Sophia of Hanover.
That the Managers there propos'd to the Lords, whether
the Lords would admit of any farther Debate touching the
said Matters; to which the Lords reply, No; they had no
such thing in Charge from the Lords. After which, the House
adjourn'd upon the Question to August 2.
August 2. The Sollicitor-General, according to Order, presented to the House, a digested Report of what pass'd at the
last free Conference with the Lords, on the reversing the
Two Judgments against Oates; in the conclusion of which,
the whole Case was thus stated.
Oates's Case stated.
A Writ of Error is brought into the House of Peers, the
Lords do all avow the Judgment to be erroneous; yet, as
Judges, do, for collateral Reasons, assume an arbitrary
Power to affirm it.
The Nature of the Judgment being such, as that every
Subject was concerned in the highest Degree, that so dangerous a Precedent should not stand, the Commons find themselves under a Necessity of sending a Bill to the Lords to set
the Matter right by reversing the Judgment.
The Lords refuse to pass this Bill but upon Terms.
1. That part of the Record must stand.
2. That there must be no notice taken of the Judgments
of Affirmation given by the Peers.
As these are the Terms now stood upon, so, in any other
like Case, they might impose what other Conditions they had
a mind to: The Consequence of which must be, that the
Lords, as Judges, make what they think fit to be Law, and
the Matter shall never be set right in the Legislative way,
but upon such Conditions as the Lords shall please to impose.
And how far this concern'd both the King and the Commons as to their Right in the Legislature, was obvious.
The Question being then put to agree with the Lords, it
passed in the Negative.
Ordered, That the Committee who manag'd the above Conference, do inspect the Journals of both Houses, and examine
whether there be any Precedent of free Conferences, wherein there hath not been a Liberty of Debate, of the Matters
for which such free Conferences have been desir'd.
The 9th, the Resolution of the Committee of the whole
House, That it was their Opinion that an additional Proviso
should be added to the Bill for settling the Revenue, for
granting 40000l. per Annum to the Princess Anne of Denmark for her Life only, was reported; and, on the Question,
it was resolved, that the Debate should be adjourn'd, till the
Revenue came again under Consideration
600000 l. voted to the Dutch. ; And 60000 l. to the Servants of Charles II.
Mr. Hampden (Chairman of the Committee) also, at the
same time, acquainted the House that he was directed by
the Committee to move that a Bill may be brought in for
settling a particular Fund, for satisfying the 600000l. to the
Dutch for defraying the Charges of the Expedition to England; and also for 60000 l. for the Servants of Charles II.
to both which Particulars the House agreed.
The 12th, the Committee upon the Irish Affairs deliver'd
in their Report, the principal part of which, turning on the
Conduct of Colonel Lundy, Governour of London-Derry;
Vote against Col. Lundy.
Resolved, That an humble Address be presented to his Majesty, that Colonel Lundy be sent over to London-Derry to
be try'd there for the Treasons laid to his charge.
The 13th, the Reasons to be offer'd to the Lords at a Conference with the Lords for settling the Method of Proceedings between the two Houses, upon Conferences, and free
Conferences; was reported by the Solicitor-General, and
were, in Substance, as follow.
Reasons to be offer'd at a Conference with the Lords for settling the Order of Conferences, &c.
'The Commons have desired this Conference, on Occasion
of your Lordships Message to them, signifying that your
Lordships adhered to your Amendments in the Case of Oates;
and have commanded us to open it with a Brief of the Dispute between the two Houses.
'Writs of Error were brought to reverse two Judgments
against Oates, for Perjury, by which he was sentenc'd to be
degraded, to be set in the Pillory annually several Times;
to be imprison'd for Life; to be whipt from Aldgate to Newgate one Day, and from Newgate to Tyburn the next.
'These Judgments your Lordships thought fit to affirm.
'These Precedents being of such dangerous Consequence
to every English Subject, the Commons thought themselves
under a necessity of sending up a Bill to your Lordships to
have them revers'd; in which Bill, they are call'd erroneous,
illegal, cruel, and of evil Example to future Ages.
'Your Lordships by Message acquainted the Commons,
that you had agreed to the Bill with Amendments.
'By these Amendments the Words illegal, cruel, and of evil
Example to future Ages are left out; and a Clause is added,
that such excessive Punishments should not be inflicted for
'The Words relating to the annulling the said Judgments
of the Peers on the Writ of Error, are likewise left ont; and
a Clause is added, that, till the Matters for which Oates was
convicted be heard, and determin'd in Parliament, he should
not be received as a Witness in any Court or Cause.
'The Commons, at a Conference, deliver'd their Reasons
why they could not agree to these Amendments; your Lordships did the same for insisting on them; but they not proving satisfactory to the Commons, a free Conference was desir'd and obtain'd, in which your Lordships own'd that the
whole House of Peers was satisfy'd that the Judgments given
by the King's-Bench were erroneous, extravagant, and the
Punishment so exorbitant, as ought not to be inflicted on
any English Subject, and also that you would not debate
whether an erroneous Judgment was not illegal: But yet
your Lordships did declare, that, upon the Writs of Error,
you had chosen to affirm the Judgment, rather than Oates
should be restored to his Testimony; which must have been
the Consequence of the Reversal.
'After your Lordships had own'd so much at the Conference, the Commons were extremely surpriz'd to receive a
Message that you adhered to your Amendments.
'First, because by this general Vote of adhering, your
Lordships depart from what was yielded at the free Conference.
'Secondly, your Lordships proceeding to adhere upon the
first free Conference, they look upon to be irregular; at least,
contrary to the ordinary Course of Proceedings between the
two Houses. Especially, if such Adhering should be look'd
upon as conclusive, since 'tis usual to have two free Conferences or more, before either House proceeds to adhere.
'And, as to the Course of Parliament, so it is suitable to
the Nature of Things, that there should be no Adhering
before two free Conferences, at least: Because, before that
Time, each House is not fully possess'd of the Reasons upon
which the other does proceed, nor have full Opportunities
of making Replies: Wherefore, to adhere sooner, is to exclude all Possibility of offering Expedients.
'Beside this Method of adhering so suddenly and unexpectedly, draws very great Inconveniencies after it: As hath
appeared this Session; The Additional Poll-Bill, having been
lost, to the great Prejudice of the Crown, by your Lordships,
adhering upon the first free Conference. The Bill of Rights,
likewise, in which your Lordships, as well as the Commons
are highly concern'd, by that same quick Way of adhering
is in danger to be lost: And no Inconveniences can be
greater than what must follow the Loss of this Bill, if
your Lordships should take upon yourselves to be conclusive,
by adhering upon the first free Conference.
'For the Commons think it undeniable, That in Proceedings in your judicial Capacity, upon Writ of Error, your
Lordships are as much bound to give Judgment upon the
Record, according to the strict Rules of Law, as any inferior Court whatever, and ought not to enter into the Consideration of Persons, or collateral Respects.
'That, for your Lordships to assume a discretional Power,
to affirm a Judgment, tho' at the same Time, you agree it
is erroneous, is to assume a Power to make Law, instead of
judging according to the Rules of Law.
'That, when the Commons send up a Bill to your Lordships, in order to prevent the Mischiefs of such destructive
Precedents, for your Lordships to refuse to reverse those
Judgments, tho confess'd to be erroneous, (unless upon
such Terms as you are pleas'd to impose, and to which the
Commons cannot, in reason, agree) is to leave the Kingdom
without Redress against acknowledged Wrongs.
'It is recorded, to the Honour of your noble Ancestors,
That they declared they would not change the Laws; and
the Commons hope, you will pursue their Steps, and not,
by affirming erroneous Judgments, go about to make that
Law, which was not so before; and, by insisting upon collateral Terms, before you will reverse those Judgments in
the legislative Way, take to yourselves in effect the whole
Power of the Legislature; which is not only to change the
Law, but to subvert the Constitution of the Government; if
your Lordships should persist in such a Way of Proceeding,
and the Commons should acquiesce in it.
'The Commons, therefore, hope your Lordships will
not persist in this unusual Way of Adhering, which manifestly
tends to the Interruption of a good Correspondence between
the two Houses, at this time of such absolute Necessity for
the Establishing the Government, and for the Peace and
Safety of the Kingdom.'
Petition against Colonel Copley.
The same day, George Mawson, Deputy Post-Master of
Kingston upon Hull, exhibited a Petition to the House, complaining that Colonel Copley, Lieutenant-Governor of Hull,
had divers times taken into his possession the Post-Mail
coming to the said Town, and dispos'd of the Letters at his
Pleasure, to the great Prejudice of the Traders, &c. of the
said Town, and the Gentry in the Neighburhood. That he
having made Complaint of this to John Wildman Esq;
Post-Master General, the said Post-Master ordered him to
cause the Mails to be brought directly to his own House;
and, likewise, wrote to the said Colonel Copley to enjoin
him, not to open the Mail for the future: Notwithstanding which, the said Colonel Copley behaved as before, and
sent for the Petitioner to come to him, who declining it,
on account of Indisposition; the said Copley order'd a Serjeant, and four Musqueteers to bring him, tied Neck and
Heels, which they did with such a strange Violence, that
the Blood gush'd out of his Nose and Mouth, and kept him
in that intolerable Posture for two Hours. In consequence
of which, the said Petitioner is disabled in his Limbs, and
impair'd in his Sight, &c. and for as much as the said Petitioner cannot have his Remedy against the said Copley,
by a due Course of Law, praying the House to take his Case
into Consideration, &c.
Order'd, That Lieutenant-Colonel Copley do attend the
The 14th, The said Copley attended accordingly, and
the Petitioner having made good his Allegations,
'Resolv'd, That the Seizing the Mail, and breaking open
the Post-Letters by any military Officer, or Soldier, is a
Violation of the Right of the Subject.
'That the breaking open the Letters directed to, or sent
from a Member, is a Breach of Privilege.
'That the Imprisoning, or inflicting any Punishments,
by any Officer or Soldier, upon any of the Subjects of this
Kingdom, not being in actual military Service, and in Pay,
is a Violation of the Rights of the People.
'That, the Case of the Petitioner, be referr'd to the
Committee of Grievances.'
The 16th, Another Petition was presented against the
said Copley, for exacting a Farthing a Tun, from every
Ship entering the Port of Hull: Upon which he was again
summon'd to attend the House; and alledging the said Farthing a Tun was his Perquisite, as Lieutenant-Governor,
for the Maintenance of a certain Chain;
Resolv'd, That the Levying a Farthing a Tun, or any
Sum of Money on Ships coming into the Port of Hull, upon
Pretence of maintaining a Chain there, is an illegal Exaction upon the People.
And he was afterwards enjoined to levy the said pretended Duty no more.
The 20th, An Address was ordered to be presented to
his Majesty, That his Majesty would be pleased to make some
Allowance to Mr. Oates for his Maintenance.
Royal Assent given to several Bills.
The same day, the King came to the House of Peers,
and pass'd the following Bills, viz. An Act for appropriating
certain Duties for Paying the States-General: An Act for the
better preventing the Exportation of Wool, and encouraging the
Woollen Manufactures: An Act for the appointing additional Commissioners for the Land-Tax: An Act for the Relief of the Protestant Irish Clergy: An Act to repeal a Statute of Henry IV.
against multiplying Gold and Silver: An Act for explaining Part
of an Act, relating to tanned Leather: And two private Acts.
After which, the Lord Privy-Seal signify'd, That it was
his Majesty's Pleasure, that both Houses should severally adjourn themselves till September the 20th; but that his Majesty did not intend there should then be a Session, unless
some Emergency of Affairs happen'd: and, that, whenever
a Session was to be, his Majesty would give them Notice
October the 10th, The Parliament met, when his Majesty
was pleas'd to make the following most gracious (fn. *) Speech to
The King's Speech to both, Houses.
'My Lords and Gentlemen,
'Tho' the last Sitting continued so long, that perhaps
it might have been more agreeable to you, in rela
tion to your private Concerns, not to have met again so
soon; yet the Interest of the Public lays an indispensable
Obligation upon me to call you together at this time.
'In your last Meeting, you gave me so many Testimonies
of your Affection, as well as Confidence in me, that I do
not at all question, but in this I shall receive fresh Proofs
'I esteem it one of the greatest Misfortunes can befal
me, that, in the Beginning of my Reign, I am forc'd to
ask such large Supplies; tho' I have this Satisfaction, that
they are desir'd for no other Purposes, but the carrying
on those Wars, into which I enter'd with your Advice,
and Assurance of your Assistance. Nor can I doubt of the
Blessing of God upon an Undertaking, wherein I did not
engage out of a vain Ambition, but from the Necessity of
opposing those, who have so visibly discover'd their Designs of destroying our Religion and Liberties.
'It is well known how far I have expos'd myself to rescue
this Nation from the Dangers that threaten'd, not only
your Liberty, but the Protestant Religion in general, of
which the Church of England is one of the greatest Supports, and for the Defence whereof, I am ready again to
venture my Life.
'My Lords and Gentlemen,
'That which I have to ask of you at present, is, that
what you think fit to give towards the Charges of the War
for the next Year, may be done without Delay: And there
is one Reason, which more particularly obliges me to press
you to a speedy Determination in this Matter, because this
next Month there is appointed, at the Hague, a General
Meeting, of all the Princes and States concern'd in this
War against France, in order to concert Measures for the
next Campaign. And till I know your Intentions, I shall
not only be uncertain myself, what Resolutions to take,
but our Allies will be under the same Doubts, unless they
see me supported by your Assistance. Besides, if I know
not in time what you will do, I cannot make such Provisions as will be requisite, but shall be expos'd to the same
Inconveniences, which were the Cause that the Preparations for this were neither so effectual nor expeditious as
was necessary: The Charge will also be considerably lessen'd, by giving time to provide Things in their proper
Season, and without Confusion.
'I have no other Aim in this, but to be in a Condition
to attack our Enemies in so vigorous a Manner, as by the
Help of God, in a little time may bring us to a lasting
and honourable Peace, by which my Subjects may be freed
from the extraordinary Expences of a lingering War; and
that I can have no greater Satisfaction, than in contributing
to their Ease, I hope I have already given Proof.
'That you may be satisfy'd how the Money has been laid
out, which you have already given, I have directed the
Accounts to be laid before you, whenever you think fit to
call for them.
'My Lords and Gentlemen,
'I have one thing more to recommend to you, which is,
the Dispatch of a Bill of Indemnity; that the Minds of my
good Subjects being quieted, we may all unanimously concur to promote the Welfare and Honour of the Kingdom.'
Resolved, That the humble Thanks of the House be return'd to his Majesty, for his gracious Speech.
The City invites the House to Dinner.
The same day, the Sheriffs of London waited on the
House, and being admitted, signify'd, That the Lord-Mayor,
and Citizens of London, humbly pray'd, That the House
would do them the Honour to dine with them, on the LordMayor's Day. Which Invitation the House accepted of,
and return'd their Thanks for the same.
Colonel Lundy's Petition.
The 21st, Colonel Lundy presented a Petition to the
House, praying, That, if he may not have the Benefit of
the intended Bill of Indemnity, he may receive his Trial in
England; and above all, desires it may be in Parliament.
After which, his Majesty, by Message, commanded the
House, to attend him in the House of Peers, where he was
pleas'd to prorogue the Parliament.