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B09115 Votes of the House of Commons perused and signed to be printed according to the order of the House of Commons / by Me William Williams, Speaker. England and Wales. Parliament. House of Commons.; Williams, William, Sir, 1634-1700. 1680 (1680) Wing E2766B; ESTC R175256 105,532 178

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to preserve and Support the Kings person and Government and the Protestant Religion both at home and abroad and that His Majesty returned His Gracious answer to this effect viz. Gentlemen I thank you very heartily for your Zeal for the Protestant Religion and I assure you there shall be nothing wanting on my part at home or abroad to preserve it Sir Francis Winnington Chairman to the Committee appointed to inspect the Journals of the Two last Parliaments relating to the horrid Popish plot made a Report from the said Committee of a general abstract of those proceedings taken out of the said Journals and he referring in the said Report to several Entrys in the said Journals which could not yet be Transcribed Ordered That the said Report be perfected by the said Committee and afterwards presented to the House to be Entred in the Journals of this House Ordered That the same Committee do inspect the Journals of the Lords House of the Two last Parliaments and make a Report of their Lordships proceedings relating to the horrid Popish plot and that the said Committee do Sit de Die in Diem Ordered That Mr. Treby do give this House Information to morrow morning of all the matters by him Reported in the last Parliament relating to the horrid Popish plot The House being Informed that one _____ Hardwich a Linen Draper at the Naked Boy in Henrietta-street Covent-garden did in breach of the Priviledges of this House commit certain misdemeanors against the said Seignior Francisco being a witness produced and examined at the Bar of this House touching the horrid Popish plot Ordered That the said Mr. Hardwich be sent for in Custody of the Serjeant attending this House to answer to this House for the same Ordered That Mr. Dugdale do attend this House on Thursday morning next at Ten of the Clock to make his further Discovery of the horrid Popish plot Martis 2. Novemb. 1680. A Bill for prohibiting the Importation of Irish Cattle c. was read the first time Resolved That this Bill be read a second time Ordered That Mr. Harnage be brought to the Bar of this House tomorrow morning at Ten of the clock to answer to the Misdemeanors by him committed against Seignior Francisco Ferria in breach of the Priviledges of this House and that the said Seignior Francisco do then likewise attend this House Ordered That an humble address be made to His Majesty by such Members of this House as are of His Majesties Privy Council to desire His Majesty that he would be pleased to grant His Gracious Pardon to Mr. Dangerfield and that he would take Mr. Dangerfield Mr. Dugdale Mr. Praunce and Seignior Francisco Ferria into his Royal Care and protection Sir Francis Winnington Chairman to the Committee appointed to inspect the Journals of the House of Lords of the Two last Parliaments and to make a Report of their Lordships proceedings entred in the said Journals relating to the horrid Popish plot acquaints the House that the Committee had perused the said Journals and taken an abstract thereout which he reported to the House Ordered That the said Committee do perfect their Report of the abstract taken out of the Journals of the Lords House and do present the same in Writing to this House together with a perfect abstract of the Journals of the House of Commons of the Two last Parliaments relating to the said Popish plot Mr. Treby having according to the Order of the House made yesterday given an information to the House of all the matters by him Reported in the last Parliament relating to the Horrid Popish plot Resolved Nemine Contradicente That the Duke of York's being a Papist and the hopes of his coming such to the Crown hath given the greatest Countenance and Encouragement to the present Designs and Conspiracies against the King and Protestant Religion Resolved Nemine Contradicente That in Defence of the Kings Person and Government and of the Protestant Religion this House doth Declare That they will stand by His Majesty with their Lives and Fortunes and that if His Majesty shall come by any violent death which God forbid they will Revenge it to the utmost upon the Papists Resolved That a Bill be brought in to disable the Duke of York to Inherit the Imperial Crown of this Realm Ordered That a Committee be appointed to prepare the Bill Mercurij 3. die Novembris 1680. A Message from the Lords by Mr. Justice Wyndham and Mr. Baron Atkins Mr. Speaker The Lords have commanded us to acquaint you that they have passed a Bill Entituled An Act for the better Regulating the Tryals of the Peers of England to which they desire the Concurrence of this House An Engrossed Bill sent from the Lords Entituled an Act for the better Regulating of the Tryals of the Peers of England was Read the first time Resolved That the Bill be Read a second time on Munday morning next after Ten of the clock Ordered That the Committee appointed to prepare a Bill for Regulating Elections of Members to Serve in Parliament do present the said Bill to the House tomorrow morning Mr. Harnage being brought to the Bar and Seignor Francisco Ferria appearing and justifying his charge against him Ordered That Mr. Harnage be continued in Custody of the Serjeant at Arms attending this House during the pleasure of the House for his misdemeanor in Breach of the priviledges of this House Ordered That the Committee appointed to Inspect the Journals of the Two last Parliaments relating to the horrid Popish plot do look into and make Report of the Impeachments Exhibited in the Two last Parliaments against the Lords in the Tower and of the proceedings thereupon And the said Committee is to enquire into and prepare Evidence against the said Lords Resolved Nemine Contradicente That a bill be brought in for the better Uniting of all His Majesties Protestant Subjects Ordered That Sir Tho. Whitegrave Mr. Birch of Stafford Apothecary and Lieutenant Ells be sent for in Custody of the Serjeant at Arms attending this House to answer to the Charge given against them at the Bar of this House by Mr. Dugdale Ordered That Herbert Herring be sent for in Custody of the Serjeant at Arms attending this House for his Notorious Breach of priviledge by him committed against M. Colt a member of this House Ordered That Jeremiah Bubb be Summoned to appear at the Bar of this House tomorrow morning at Ten of the clock to answer for the Breach of priviledge by him committed against Mr. Colt a Member of this House A Bill for prohibiting the Importation of Irish Cattle was Read a Second time Resolved That the said Bill be committed with Instructions to the Committee to bring in a Clause to be added to the said Bill declaring That where any Irish Cattel shall be found amongst English Cattel all the said Cattel as well English as Irish shall be forfeited Ordered That leave be given to bring in a Bill for
further Presentments of them on the 26th following on which Day the Jury met for that purpose when several Peers of this Realm and other Persons of Honour and Quality brought them a Bill against James Duke of York for not coming to Church But some Exceptions being taken to that Bill in that it did not set forth the said Duke to be a Papist some of the Jury attended the said persons of Quality to receive satisfaction therein In the mean time and about an Hour after they had received the said Bill some of the Jury attended the Court of Kings-Bench with a Petition which they desired the Court to present in their Name unto His Majestie for the Sitting of this Parliament Upon which the Lord Chief Justice Scroggs raised many Scruples and on pretence that they were not all in Cour● tho twenty of the Jury had subscribed the Petition sent for them saying he would dispatch them presently The Jury being come and their Names called over they renewed their desire that the Cour● would present their petition But the Chief Justice asked if they had any Bills they answered They had but the Clerks were drawing the● into Form Upon which the Chief Justice said They would not mak● two Works of one Business the Petition being Read he said Thi● was no Article of their Charge nor was there any Act of Parliamen that required the Court to deliver the Grand Juries Petitions Tha● there was a a Proclamation about them And that it was not reasonable the Court should be obliged to run on their Errands And he though● it much that they should come with a Petition to alter the King● Mind declared in the News Book The Jury said They did it not t● Impose on the Court but as other Juries had done with all Submission they desired it But the Court refused bidding the Cryer return them their Petitions And Mr. Justice Jones told them they ha● medled with matters of State not given them in Charge but presen●ed no Bills of the Matters given in Charge They answered as before they had many before them that would be ready in due time Notwithstanding which the said Justice Jones told them They were discharged from further Service But Philip Ward the Clerk that attended the said Jury cryed out No No they have many Bills before them for which the Court understanding as it seems to this Committee a secret reason which the Clerk did not reproved him Asking if he or they were to give the Rule there The Cryer then told the Court they would not receive their Petition the Chief Justice bid him let it alone so it was left there and the Jury returned to the Court-house and there found several Constables with presentments of Papists and other offenders as the Jury had directed them on the 21th before but could not now receive the said Presentments being discharged Whereby much business was obstructed though none of the said Informants ever knew the said Jury discharged before the last Day of the Term which was not till Four days after And it further appeareth to the Committee by the evidences of Samuel Astrey Jasper Waterhouse and Philip Ward Clerks that have long served in the said Court That they were much surprized at the said discharging of the Jury in that it was never done in their Memory before and the rather because the said Waterhouse as Secondary constantly erters on that Grand Juries paper that the last day of the Term is given them to return their Verdict on as the last day but one is given to the other Two Grand Juries of that County which entry is as followeth Trinit 32. Car. 2d Juratores habent diem ad Veredictum suum redderdum usque Middles Ossulston Hundred diem Mercurij proxime post tres Septimanas sancte Trinitatis Being the last day of the Term and so in all the other Terms the last day is given which makes it appear to this Committee That they were not in truth Discharged for not having their Presentments ready since the Court had given them a longer day but onely to obstruct their further Proceedings And it appeareth by the Evidence aforesaid to this Committee That the four Judges of that Court were present at the Discharging of the said Jury and it did not appear that any of them did Dissent therein upon Consideration whereof the Committee came to this Resolution Resolved That it is the opinion of this Committee that the Discharging of the Grand Jury of the Hundred of Ossulston in the County of Middlesex by the Court of Kings Bench in Trinity Term last before the last day of the Term and before they had finished their Presentments was Illegal Arbitrary and an high Misdemeanour This Committee proceeded also to inquire into a Rule of the Court of Kings-Bench lately made against the publishing a Book called The Weekly Pacquet of Advice from Rome or The History of Popery and Samuel Astrey Gent. examined thereupon inform'd this Committee that the Author of the said Book Henry Car had been informed against for the same and had pleaded to the Information but before it was Tryed a Rule was made on a motion as he supposeth against the said Book All the Judges of that Court as he remembers being present and none dissenting The Copy of which Rule he gave in to this Committee and is as followeth Dies Mercurij proxime post tres Septimanas sancte Trinitatis Anno 32 Car. 2d Regis Ordinatum est quod liber intitulat The Weekly Pacquet of Advice from Rome or The History of Popery non ulterius Imprimatur vel publicetur per aliquam Personam quam cunque Per. Cur. And this Committee admiring that Protestant Judges should take offence against a Book whose chief design was to expose the Cheats and Foppery of Popery enquired further into it and found by the Evidence of Jane Curtis that the said Book had been Licens'd for several Months that her Husband paid for the Coppy and enter'd it in the Hall-Book of the Company But for all this she could not prevail by these Reasons with the Lord Chief Justice Scroggs to permit it any longer who said 'T was a Scandalous Libel and against the King's Proclamation and he would ruine her if ever she printed it any more And soon after she was served with the said Rule as the Author and other Printers were and by the Author's Evidence it appears That he was taken and brought before the said Chief Justice by his Warrant above a year since upon his owning he writ part of that Book the Chief Justice called him Rogue and other ill names saying he would fill all the Goals in England with such Rogues and pile them up as men do Faggots and so Committed him to prison refusing sufficient Bayl and saying he would Goal him to put him to Charges and his Lordship observed his word punctually therin forcing him to his Habeas Corpus and then taking the same
and manage the same at his Tryal Sir Richard Corbet Reports from the Committee appointed to prepare an Impeachment against Sir William Scroggs Knight Chief Justice of the Court of Kings Bench upon the former Report of the said Committee and the Resolutions of the House thereupon That the Committee having taken the matters to them referred into Consideration had agreed upon several Articles of Impeachment against the said Sir William Scroggs which he read in his place and afterwards delivered them in at the Clerks Table where the same were read The Question being proposed that the said Articles be engrossed Debate ar●sing in the Housethereupon Resolved That the Debate be adjourned till Wednesday morning next after ten of the Clock in a full House Martis 4. die Januarii 1680. THe Clerk of the Crown being called in amended the Return for the Borough of Stayning in the County of Sussex by taking off the Indenture wherein John Tufton Esq was returned and by rasing out the name of the said John Tufton and inserting the name of Philip Gell Esq in the other Indenture A Petition of Algernoon Sydney Esq touching the Election for the Borough of Agmondesham in the County of Bucks was Read Ordered That the Merits of the said Petitioner be heard at the Bar of this House upon Wednesday the 12th of this Instant January Sir William Temple delivered in a Message from His Majesty to this House which being Read by Mr. Speaker the House Resolved to take the said Message into Consideration upon Friday next after ten of the Clock in a a full House A Message from the Lords by Sir Timothy Baldwin and Sir Miles Cooke Mr. Speaker We are commanded to acquaint this House that the Lords have past a Vote viz. Die Martis 4 Januarii 1680. Resolved by the Lords Spiritual and Temporal in Parliament Assembled That they do declare that they are fully satisfied that there now is and for divers years last past there hath been a Horrid and Treasonable Plot and Conspiracy contrived and carried on by those of the Popish Religion in Ireland for Massacring the English and Subverting the Protestant Religion and the ancient establish'd Government of that Kingdom to which their Lordships desire the concurrence of this House They have further commanded us to acquaint this House That their Lordships have agreed to the Bill sent from this House Entituled An Act for the Rectifying several Errors and Mistakes in the Marriage Settlement of Sir Charles Hoghton Baronet without any Amendments The House according to their Order proceeded to the calling over the Members thereof Ordered That such Members of this House whose default of attendance was entred this day be sent for in custody of the Serjeant at Arms attending this House and that they be not admitted to sit in the House before they shall have paid their Fees and have the leave of this House Resolved Nemine contradicente That such Members of this House who in this time of Imminent danger do absent themselves without the leave of the House are to be reputed Deserters of their Trust and Neglectors of that Duty they owe to this House and their Country Ordered That the Committee appointed to receive Informations touching the Popish Plot in Ireland do sit at four of the Clock this afternoon in the Speaker's Chamber Mercurii 5. Die Januarii 1680. A Bill to supply a defective Conveyance made by Roger Price of the Mannor of Westbury in the County of Bucks was Read a second time Resolved That the Bill be committed Ordered That such Members who were ordered to be sent for in Custody of the Serjeant at Arms for not attending the service of this House at the Call of the same yesterday made And who were in town last night be admited to sit in the House without paying Fees Ordered That Dr. Burnet be desired to proceed with and compleat that good Work by him begun in writing and Publishing the History of the Reformation of the Church of England A Petition of Thomas Hobby Esq touching the Election for Great Marlow in the County of Bucks was Read Ordered That the Merits of this Cause be heard at the Bar of this House this day seven-night A Petition of Richard Thompson Clerk in Custody of the Serjeant at Arms attending this House was Read Ordered The said Serjeant at Arms be impowred to receive sufficient se●urity for the forth-coming of the said Richard Thompson to answer to the Impeachment against him A petition of Samuel Nash and others complaining against the African Company was Read Ordered That the Consideration of the said Petition be referred to the Committee to whom a former Petition of divers Merchants against the African Company was referred 'to examine the matter thereof and Report the same with their opinions therein to the House The House then according to their Order Resumed the adjourned Debate touching the Articles of Impeachment delivered in to the House against Sir Willi Scroggs Kt Chief Justice of the Court of King's Bench. Upon the Debate thereof Resolved That the said Sir William Scroggs be impeached upon the said Respective Articles Resolved That the said Articles be engrossed Ordered That the Lord Cavendish do carry up the said Articles to the Lords Ordered That the Committee appointed to examine the Proceedings of the Judges in Westminster-hall and to prepare Impeachments against Sir Francis North Chief Justice-of the Court of Common-Pleas Sir Thomas Jones one of the Justices of the Court of Kings Bench and Sir Richard Weston one of the Barons of the Court of Exchequer do bring in such Impeachments with all convenient speed Ordered That Mr. Macnamara Mr. Maurice Fitz Gerald and Mr. Murtogh Downy do attend this House tomorrow morning 10 of the Clock The House being informed that one Bowyer was upon Intimation given by the Committee appointed to prepare Evidence against the Popish Lords in Tower taken into custody Ordered That the said Bowyer be delivered into the hands of the Serjeant at Arms attending this House and that he be brought to the Bar of this House to Morrow morning at Ten of the Clock in order to his Examination Ordered That Richard Green and Woodhouse do attend to Morrow morning at Ten of the clock Ordered That the Committee appointed to receive Informations touching the Popish Plot in Ireland do sit this Afternoon in the Speakers Chamber and that the said Committee do make Report to the House of the Matters to them referred at Nine of the clock to Morrow morning Jovis 6 die Januarii 1680. A Bill for the more easie collecting the Duty of Hearth-mony was read a second time Resolved That the Bill be committed upon the Debate of the House A Bill for repealing an Act made in the 13th year of his now Majesties Reign Entitled An Act for the well governing of Corporations was Read the second time Resolved That the said Bill be committed upon the debate of the House Ordered That Mr. Speaker do suspend the issuing