House of Commons Journal Volume 9: 22 May 1679

Jovis, 22 die Maii, 1679.

Prayers.

Tin in Cornwall.

A BILL for appointing certain Times for Coinage of Tin in Cornwall, was read the Second time.

Resolved, &c. That the Bill be committed, upon the Debate of the House, to Mr. Boscawen, Sir Francis Drake, Mr. Papillon, Mr. Reynell, Sir John Coryton, Sir John Trevor, Sir Nathanael Herne, Mr. Pilkington, Mr. Treby, Sir Richard Corbett, Sir Wm. Poultney, Mr. Ayliffe, Mr. Nosworthy, Sir Trevor Williams, Sir John Hewley, Sir John Carew, Sir John Knight, Mr. Duboyes, Mr. Love, Mr. Rolle, Sir Gervas Elwes, Mr. Wright, Mr. Guy, Sir George Downing, Sir Robert Peyton, Sir John Cloberry, Sir Charles Harboard, Sir Henry Ford, Sir Robert Carr, and all the Members of this House that serve for the Counties of Cornwall and Devon, and all the Merchants that are Members of this House: And they are to meet To-morrow at Three of the Clock in the Afternoon, in the Speaker's Chamber.

Privilege.

A Complaint being made of a Breach of Privilege committed upon Sir Wm. Blacket, a Member of this House, by certain Persons, who entered upon his Possession by Order of Humphry Wharton Esquire, another Member of this House;

Ordered, That a Committee be appointed to examine the Matter of the Complaint; and to state the Matter of Fact; and to report the same, with their Opinions therein, to the House.

And it is referred to Sir Robert Carr, Sir Anthony Irby, Mr. Love, Mr. Duboyes, Sir John Hewley, Sir Christopher Musgrave, Sir John Knight, Mr. Sachaverell, Sir John Otway, Mr. Papillon, Colonel Titus, Sir John Trevor, Mr. Williams, Mr. Foley, Sir Robert Clayton, Mr. Swinfen, Mr. William Francklyn, Mr. Reynell, Sir Thomas Stringer, Mr. Lisle, Mr. Boscawen, Sir Robert Peyton, Sir Trevor Williams, Sir Joseph Williamson, Mr. Colt, Sir Edmund Jennings, Mr. Pilkington, Sir Francis Drake, Sir Gervas Elwes, Sir John Cloberry, and all the Members that serve for the Five Northern Counties; viz. The Counties of Yorke, Northumberland, Cumberland, Westmorland, and Durham: And they are to meet this Afternoon at Three of the Clock, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.

Privilege of a Member in a Suit.

A Petition of John Parkhurst Esquire, a Member of this House, against the said Humphry Wharton Esquire, complaining that the said Humphry Wharton refuseth to pay the Ninth Lot of Lead Ore; which he is obliged to do by virtue of a late Act of Parliament, and a Grant from the Bishop of Durham to the Petitioner; and that the same cannot be recovered by Law, by reason the said Humphry Wharton insists upon his Privilege; and praying Relief therein; was read.

Ordered, That the said Petition be referred to the Consideration of the former Committee; to examine the Matter thereof; and report the same, with their Opinions therein, to the House.

Leave of Absence.

Ordered, That Sir Walter Ernle have Leave to go into the Country for Fourteen Days.

Ordered, That Mr. Harford, Lord Scudamore, Mr. Deane, and Mr. Goodwyn, have Leave to go into the Country.

Ordered, That Mr. Germyn have Leave to go into the Country till Tuesday next.

Burying in Woollen.

Ordered, That Leave be given to Sir George Downing to bring in a Bill for the more easy Administring the Oaths required to be taken by the Act for burying in Woollen.

Conference desired with Lords.

Ordered, That Sir Thomas Clerges do go up to the Lords to desire a present free Conference with their Lordships, concerning the Amendments made by their Lordships to the Bill for the better Securing the Liberty of the Subject, and for Prevention of Imprisonments beyond the Seas.

Condemned Papists.

Sir Wm. Francklyn reports from the Committee appointed to draw up and prepare a Message to be sent to the Lords, concerning the Popish Priests condemned in the Circuit, That the Committee had agreed upon a Message to be reported to the House: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was twice read; and, upon the Question, agreed; and is as followeth; viz.

THE House of Commons having made an humble Address to his Majesty, That he would please to give Order to the Judges to issue out their Warrants for the Executing the several Popish Priests condemned in the several Circuits; and his Majesty having been graciously pleased to signify to the House of Commons, That your Lordships have sent for them, in order, as he conceived, to some Examinations; and the House of Commons being also informed, That the said Priests have, by Order from your Lordships, not only been brought out of the several Countries where they were condemned, but continued yet in Newgate, and other Prisons, in or about the Cities of London and Westminster; by reason whereof the Execution of the Sentence pronounced upon them, is still delayed; do desire of your Lordships, That the said Priests may be forthwith remanded to the several Counties where they were condemned, that so they may be executed according to the Judgments passed upon them.

Lords reminded of an Address.

Ordered, That Sir Wm. Francklyn do carry up the said Message to the Lords: And do also remind their Lordships of an Address concerning the Militia; to which their Lordships have agreed; and which is not yet presented to his Majesty.

Leave to attend Council Board.

Ordered, That Sir John Darrell have Leave to attend at the Council Board, to give his Testimony in a Cause between Sir Richard Beach and Mr. Phineas Pett.

Privilege- Petitions from persons in custody.

A Petition of John Wilson Esquire, setting forth, That, whereas he is now in Custody of the Serjeant at Arms, by Order of this House, grounded upon an Information, That the Petitioner should say, "This Parliament is no Parliament;" whereof he is in no sort guilty; as he hopes will appear by a Certificate annexed, under the Hands of Eight Justices of the Peace, of the North Riding of the County of Yorke, who were present when the said Words were supposed to have been spoken; and therefore prays to be restored to his Liberty; was read.

A Petition of Roger Beckwith Esquire, setting forth, That he is now in Custody, by Order of this House, grounded upon the like Information, of which he is not guilty; and hopes his Innocency will appear by the said Certificate; and therefore prays to be restored to Liberty; was read.

A Certificate under the Hands of Eight Justices of the Peace of the North Riding of the County of Yorke, certifying that they were all present at the Sessions at Thirske the First of May 1679; when John Wilson Esquire, being demanded to give his Opinion, Whether the Act for Settlement of the Poor, 14 Car. II. which was to continue to the First Sessions of the next Parliament, was still in Force; to which he answered, It was doubtful, in regard the Parliament had not yet made an Act; and is not a Parliament in Law, because no Record remains of it; and that neither Mr. John Wilson, nor Mr. Roger Beckwith, did then speak any Words derogatory to the Parliament; was likewise read.

Ordered, That John Wilson and Roger Beckwith Esquires be discharged from the Custody of the Serjeant at Arms, paying their Fees.

Irish Cattle, &c.

Ordered, That the Bill for prohibiting the Importation of Cattle from Ireland, and other Parts beyond the Seas, and Fish taken by Foreigners, be read a Third time Tomorrow Morning, the first Business.

Complaint against Sir A. Deane, &c.

Mr. Harboard reports from the Committee appointed to examine into the Miscarriages of his Majesty's Navy, an Abstract of the Complaint against Sir Anthony Deane, Mr. Samuel Pepys, and Partners: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was again read; and is as followeth; viz.

That Sir Anthony Deane, Hugh Salisbery, and John Moore, being all Three Officers of his Majesty's Yard at Portsmouth, did, in the Year 1673, cause the Hunter Sloop to be equipped out of his Majesty's Stores there; and, by the Favour of Mr. Pepys, Secretary to the Admiralty, procured a Commission of Reprisal for one Captain Moon, to whom they gave the Command of the said Vessel: And accordingly the said Moone did perfect his Indenture with his Majesty's Storekeeper of the said Yard; and signed a Bond of a Thousand Pounds, acknowledging the Persons above-named to be Owners of the said Vessel; and to be accountable to them for such Prizes as he should take.

That the said Captain Moone sailed with the said Vessel to Dover; and there received a Letter from Sir Anthony Deane, directing him to sail with the said Vessel to Dunkirke or Calice, and get her made free of one of those Places; and there likewise to get a Commission from the French King against the Dutch; and that what Money he should expend in the Doing thereof, Sir Anthony Deane would repay him.

That Captain Moone being sensible of the Injustice of the said Design, refused to take the Command of the said Vessel any longer; and laid her up at Dover: That the said Captain Moone, being shortly after at Dunkirke, did see the Hunter Sloop aforesaid, then commanded by Captain Thomas Swayne, bring up there the Catharine of London as Prize, having taken and seized on her at Sea, notwithstanding she was a free Ship of England, and belonged to his Majesty's Subjects; of which the said Captain Moone gave a present Account to the Merchants of London, Owners and Freighters of the said Catharine, by the Packet Boat at Calice.

That during his being at Calice, there came over one Belthazer St. Michell in One of his Majesty's Yachts, One of the Owners of the said Ship Hunter, and his Majesty's Prizemaster at Deale, in order to his taking his Journey to Paris; with Instructions and Letters: One of which was from the French Ambassador, to get the said Ship Catharine condemned as Prize, notwithstanding that he knew, That it had been proved before his Majesty and Council, That the said Ship belonged to his Majesty's Subjects; and that his Majesty had writ to his Ambassador in France to use his Interest and Credit in that Court, to get the said Ship the Catharine discharged, and restored to his Subjects, to whom she belonged.

That the said St. Michell prevailed accordingly at the French Court, and got the said Ship and Goods reseized; which, by the Interposition of his Majesty's Ambassador, had been adjudged by the French Admiralty to belong to his Majesty's Subjects; and an Order granted for the Discharging of her accordingly.

That the said Captain Moone, after he had quitted the Command of the said Hunter Sloop, heard Thomas Swayne, then Commander of her, say, That he received his Provisions for the Victualling of the said Sloop from his Majesty's Victualler at Dover.

That the said Captain Moone, being Master of a small Vessel, and coming in her laden for Spaine, and being bound for Rotterdam, put in at the Cowes, where Sir Anthony Deane and John Moore, aforesaid, caused him to be pressed, to be Pilot of the Norwich Frigate: Where he continued accordingly on board for the Space of Eight Days, till by Two Boats he was carried on Shore by Violence; and there, by the Soldiers of that Garison, carried to Prison; where the said Sir Anthony Deane laid an Action of Two thousand Pounds upon him: And, within half an Hour after his coming into the said Prison, the Gaoler clapt an Iron Shackle, rivetted in with a Clinch Hammer, on his Right Leg, which said Irons, being very streight, caused his Leg to swell so much; that he grew lame all of his Right Side, and was forced to go on Crutches for the Space of Five Months: And, after having continued Six Months in the said Gaol, he was removed thence by a Habeas Corpus into the King's Bench; where he remained for the Space of Three Years, till discharged by the Act of Parliament. And it appears plainly, not only by the Petition presented to this House, of Mr. Samuel Lamott, Francis Terrence, Joas Bateman, and divers other Merchants of London, and by the State of their Case, both which they have acknowledged to be true at the Bar of the House; but also by their Petitions to his Majesty in Council, setting forth That Matter; and the several Orders and Directions his Majesty, out of his great Goodness, and Justice to his Subjects, was pleased to grant thereupon from time to time; not only condemning the piratical Proceedings and Actings of the said St. Michell, Captain Swayne, and Accomplices, for which the said St. Michell was accordingly committed to the Tower; but by his Directions to his Ambassador in France, to get the said Ship and Goods released and restored to the said Merchants; which was accordingly done: Which said piratical Proceedings was to the Damage to the Owners and Merchants, to the Value of Five thousand Pounds; and might have been the Occasion of a War betwixt his Majesty and the States General; it being directly contrary to the Articles of Peace made betwixt them.

That the said Mr. Pepys and Sir Anthony Deane did, in Conspiracy together, cause divers Maps and Sea Journals to be made: One of them mentioning Captain Mundon's Voyage to St. Elena, some Draughts of his Majesty's bestbuilt Ships, and some Models of Ships; and Fourteen Sheets of Paper closely written, containing an Account, In what Manner the Navy and Admiralty were governed in England; as also the Number of the King's Ships, their several Ages, and their Condition; as also divers other treasonable Matters; making, first a full Discovery of the State and Condition of his Majesty's Navy, How and by what Means many of the English Seamen may be drawn into the French Service; the Weakness of those Places where his Majesty's said Ship .. usually lie; the great Want of Stores; and a Description of our principal Rivers; and of our several Forts, Garisons, and of the Isle of Wight: All which said Maps, Journals, Models, and Descriptions aforesaid, the said Sir Anthony Deane is accused to have carried over into France with him in the Year 1675; and to have delivered to the Marquis of Signelays the Secretary of the Admiralty in France, in order to the carrying on their detestable Design and Plot contrived by the Papists for the Destruction of his Majesty's Royal Person, Overthrowing of the Laws of this Realm, and Extirpation of the Protestant Religion in all Probability; it appearing by some Examinations taken by the Committee to whom this Matter was referred, That the said Mr. Pepys is either a Papist himself, or a great Favourer of that Party; as appeareth at large, by the several Informations, to which the Committee refer themselves.

Lords agree to Conference.

Sir Thomas Clerges acquaints the House, That the Lords had agreed to a present free Conference in the Painted Chamber, concerning the Amendments to the Bill for securing the Liberty of the Subject; and for Prevention of Imprisonments beyond the Seas.

Ordered, That the Members that managed the last Conference had with the Lords touching the said Amendments, do attend, and manage this Conference.

Impeachment of Earl Danby, &c.

Ordered, That a Committee be appointed to inspect the Lords Journals, and take an Account thereout, of all Proceedings relating, as well to the Impeachment against the Earl of Danby, as the Impeachments against the other Lords in the Tower.

And it is referred to Mr. Foley, Mr. Swinfen, Mr. Boscawen, Sir John Hewly, Sir Robert Peyton, Mr. Hamden, Sir Richard Cust, Sir Wm. Coventry, Mr. Beach, Sir Richard Head, Sir John Mallett, or any Three of them; and to give an Account thereof to the House To-morrow Morning.

Ordered, That a Committee be appointed to inspect the Journals of this House, and take an Account thereout, of all Proceedings relating as well to the Impeachment against the Earl of Danby, as the Impeachment against the other Lords in the Tower.

And it is referred to Mr. Papillon, Sir Cris. Musgrave, Mr. Trenchard, Sir Edward Deering, Mr. Duboyes, Sir Robert Peyton, Sir John Mallet, Sir Tho. Littleton, Mr. Sachaverell, Sir Francis Russell, Serjeant Seys, Serjeant Rigby, Sir John Knight, Sir Francis Drake, Major Bremen, or any Three of them; and to give an Account thereof to the House To-morrow Morning.

Message respecting Trials of Earl Powys, &c.

A Message from the Lords, by Sir John Coell and Sir Timothy Baldwyn;

Mr. Speaker, The Lords have commanded us to acquaint you with an Order of their House; viz.

"Die Martis, 20 Maii, 1679."

"It is this Day ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That Tuesday next, being the Twenty-seventh Day of this Instant May, be appointed for the Tryal of the Five Lords now Prisoners in the Tower; viz. William Earl of Powys, William Viscount Stafford, William Lord Petre, Henry Lord Arundell of Wardour, and John Lord Bellasis."

King appoints to be attended.

And also to acquaint this House, That his Majesty had appointed Three of the Clock, To-morrow in the Afternoon, for both Houses to attend him, in the Banqueting House, with the Address concerning the Militia.

Complaint against Sir A. Deane, &c.

The House then took into Consideration the Report this Day made of the Complaint against Sir Anthony Deane, and Mr. Pepys.

Captain Moone being called in to the Bar of the House, did own a Letter which he received from Sir Anthony Deane; which was read to the House: And also an Inventory of the Tackle, Goods, and Apparel, delivered on board the Hunter Sloop; which was likewise read to the House.

Committed to the Tower.

Ordered, That Sir Anthony Deane and Mr. Samuel Pepys be sent to the Prison of the Tower: And that Mr. Speaker do issue out his Warrants accordingly.

Ordered, That Mr. Attorney General be directed forthwith to prosecute Sir Anthony Deane, Mr. Samuel Pepys, Mons. St. Michell, John Moore, Captain Thomas Swaine, and Francis Watson, for the Crimes objected against them: And that Mr. Harbord do acquaint Mr. Attorney General with the Evidence relating thereunto.

Message to be considered.

Ordered, That this House will, To-morrow Morning at Eight of the Clock, take into Consideration the Message this Day sent from the Lords.

Impeachment of Earl Powys, &c.

Ordered, That the Committees appointed to inspect the Journals of the Lords, and the Journals of this House, touching the Proceedings upon the Impeachments against the Lords in the Tower, do also take an Account thereout of the Proceedings of the Bill against the Earl of Danby.

And then the House adjourned till To-morrow Morning, Seven of the Clock.