House of Commons Journal Volume 9: 23 November 1680

Martis, 23 die Novembris, 1680.

Privilege- a person discharged.

A PETITION of Sir Thomas Holt, Serjeant at Law, in Custody of the Serjeant at Arms attending this House, was read.

Ordered, That Sir Thomas Holt be called in; and do receive the Censure of the House, upon his Knees, at the Bar, from Mr. Speaker; and be then discharged, paying his Fees.

Which was done accordingly.

Person to be brought to the Bar.

Ordered, That William Rapley, Bailiff of the Borough of Haslemere in the County of Surrey, now in Custody of the Serjeant at Arms attending this House, be brought to the Bar To-morrow Morning at Ten of the Clock, to receive the Censure of the House.

Tobacco-planting, &c.

Ordered, That Leave be given to bring in a Bill for Continuing of Two Acts; One to prevent the Planting Tobacco in England, and regulating the Plantation Trade; the other for Exporting of Beer, Ale, and Mum.

A Bill to the same Purpose, being presented to the House, was read the First time.

Resolved, That the Bill be read a Second time.

Address- Fine for a Misdemeanor.

Resolved, That a Committee be appointed to prepare a further Address to his Majesty, upon the Debate of the House, humbly to desire his Majesty to pardon and remit the Fine set upon Benjamin Harris, for which he continues in Prison.

And it is referred to Lord Annesley, Mr. Duboys, Mr. Foley, Sir William Poultney, Mr. Secretary Jenkins, Sir Roger Hill, Mr. Pilkington, Colonel Titus, Mr. Whorwood, Sir Thomas Lee, Sir Thomas Player, Sir Trevor Williams, Sir William Roberts, Sir William Bastard, Sir Henry Ford, Sir Edward Baynton; or any Three of them: And they are to meet at Three of the Clock this Afternoon, in the Speaker's Chamber.

Protestant Dissenters.

Mr. Sacheverell reported from the Committee to whom it was referred to prepare and bring in a Bill for Repeal of One Act made in the Thirty-fifth Year of Queen Elizabeth, Chapter First, a Bill agreed upon by the Committee: Which he delivered in at the Clerk's Table.

The Bill being read the First time;

Resolved, That the said Bill be read a Second time To-morrow Morning.

Address for a Fast.

Sir Francis Russell reports from the Committee appointed to draw up an humble Address to his Majesty, to desire his Majesty to appoint a Day for a solemn Fast and Humiliation, to be kept throughout the Kingdom, an Address agreed upon by the Committee: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being read, was, upon the Question, agreed to; and is as followeth;

WE Your Majesty's most Dutiful and Loyal Subjects the and Commons, in this present Parliament assembled, being deeply sensible of the sad and calamitous Condition of this Your Majesty's Kingdom, occasioned chiefly by the impious and horrid Conspiracies of a Popish Party, who have not only plotted and intended the Destruction of Your Majesty's Royal Person, but the total Subversion of the Government and true Religion established amongst us; and finding the same detestable Machinations still obstinately prosecuted by them, as well by fomenting Divisions amongst Your Majesty's loyal Protestant Subjects, as all other the most wicked Contrivances, notwithstanding the many Discoveries thereof by God's great Mercy, and wonderful Providence, lately brought to Light; all which dreadful Judgments are now impending over us, most deservedly, for our many and grievous Sins; and cannot otherwise in human Reason be prevented, but by the particular Blessing of God upon the Consultations and Endeavours of Your Great Council now assembled in Parliament; do in all Humility beseech Your Majesty, That by Your Royal Proclamation, a Day may be solemnly set apart, wherein both Ourselves, and all Your Majesty's loyal Subjests, may, by Fasting and Prayers, endeavour a Reconciliation with Almighty God; and with humble and penitent Hearts, implore him, by his Power and Goodness, to divert those Judgments, and defeat the wicked Counsels and Devices of our Enemies, to unite the Hearts of Your loyal Protestant Subjects, and to continue his Mercy, and the Light of his Gospel, to us and our Posterities; and more especially to bestow his abundant Blessings on Your Sacred Majesty, and this present Parliament, that our Consultations and Endeavours may produce Honour, Safety, and Prosperity to Your Majesty, and Your People.

Resolved, That the Lords Concurrence be desired to the said Address: And that Sir Francis Russell do attend the Lords with the same, and desire their Concurrence.

Widow Bedlowe's.

A Petition of Anne Bedlowe Widow, Relict of Captain William Bedlowe, deceased, was read.

Resolved, That an humble Application be made to his Majesty, from this House, by such Members thereof as are of his Majesty's most honourable Privy Council, to desire his Majesty to take into his Consideration the Condition of the said Mrs. Bedlowe; and to grant her some Allowance for her Subsistence.

Lords agree Address.

Sir Francis Russell acquaints the House, That, in pursuance of the Order of the House, he had attended the Lords with the Address: And that their Lordships returned Answer, That they had taken the said Address into their Consideration; and had agreed to it, according to the Desire of this House.

Proclamation against Petitioning.

Mr. Thomas Ware and Mr. Edward Stroud, being called in, gave the House an Account touching their Signing of Addresses in the County of Somersett.

Ordered, That Mr. Attorney General be desired to attend this House To-morrow Morning, to give the House an Account touching the Proclamation, styled, "A Proclamation against tumultuous Petitioning."

Arbitrary discharge of Grand Juries.

Several Persons that served upon the Grand Jury for the County of Middlesex, in Trinity Term last, being called in, gave an Account to the House of the Manner of the Proceedings of the Court of King's Bench, in discharging the said Grand Jury.

Several Persons being called in, gave an Account, at the Bar of the House, touching the Charge given by Mr. Baron Weston, at the last Summer Assizes held at Kingston upon Thames, for the County of Surrey.

And a Debate arising in the House upon the whole Matter;

Resolved, Nemine contradicente, That the Discharging of a Grand Jury by any Judge, before the End of the Term, Assizes, or Sessions, whilst Matters are under their Consideration, and not presented, is arbitrary, illegal, destructive to publick Justice, a manifest Violation of his Oath, and is a Means to subvert the fundamental Laws of this Kingdom.

Judges Proceedings.

Resolved, Nemine contradicente, That a Committee be appointed to examine the Proceedings of the Judges in Westminster Hall; and to report the same, with their Opinions therein, to this House.

And it is referred to Sir William Jones, Sir Fra. Winnington, Mr. Sacheverell, Mr. Foley, Mr. Trenchard, Sir Richard Corbett, Mr. Powle, Sir John Hartup, Colonel Titus, Mr. Love, Sir Thomas Player, Colonel Birch, Mr. Evelyn, Serjeant Rigby; Sir Tho. Armstrong, Sir Francis Rolls, Sir Eliab Harvey, Sir Edward Harley, Mr. Hopkins, Sir John Moreton, Sir Thomas Lee, Sir Samuel Bernardiston, Sir Robert Henley, Sir Gilbert Gerald, Mr. Pilkington, Serjeant Streete, Sir John Cary, Sir Henry Capell, Mr. Hamden, Sir Henry Calverly, Sir John Otway, Mr. Lewis, Lord Russell, Sir Thomas Meres; or any Five of them: And they are to meet at Four of the Clock this Afternoon, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.

Committees.

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

Answer to Address.

Sir Edward Deering acquaints the House, That his Majesty having referred the Condition and Circumstances of the several Witnesses relating to the Popish Plot in Ireland, to the Consideration of the Lords Commissioners of the Treasury, and that the Commissioners were not as yet informed of the Number, Names, and Conditions of the said several Persons; desired the Direction of the House therein.

Ordered, That Mr. Hetherington do attend Mr. Speaker, and do communicate to him the Names and Condition of all the said Witnesses.

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