without the presence of any Store-keeper and did afterwards sell the same pretending the same to be only Muscarado Sugars and did account with His Majesty for the same as such Whereas in Truth the said Ship was Laden with Cochineal and Indico Rich Merchandises of a very great Value Veneris 26 Nov. 1680. Resolved THat there is sufficient Matter in these Articles for Impeachment of Edward Seymour Esq a Member of this House And that he be Impeached upon these Articles Sabbati 27 die Novemb. 1680. PEter Elers and John Bode did this day take the Oaths of Allegiance and Supremacy at the Clerks Table in order to their Naturalization A Bill for the taking away of the Court holden before the President and Council in the Marches of Wales was read the first time Resolved That the Bill be read a Second time on Wednesday Morning next at Ten of the Clock The Clerk of the Crown being called in amended the Return for Westbury in the County of Wilts by Razing out the Names of Richard Lewis and Henry Bertie Esquires and inserting the Names of Edward Norton and William Trenchard Esquires instead thereof Mr. Treby Reports from the Committee of Elections and Priviledges That the Committee having taken into their Consideration the Matter touching the Election for the Burrough of Wells had agreed upon two Resolves to be Reported to the House which he read in his Place afterwards delivered the same in at the Clerks Table where the same being read are as follows Resolved That Edward Berkley Esq is not duly Elected a Burgess to serve in this present Parliament for the Burrough of Wells in the County of Somerset Resolved That John Hall Esq is duly Elected a Burgess to serve in this present Parliament for the said Burrough of Wells The First Resolve being Read a second time Resolved That this House doth agree with the Committee that Edward Berkley Esq is not duly Elected a Burgess to serve in this present Parliament for the Burrough of Wells in the County of Somerset The second Resolve being Read a second time Resolved That this House doth agree with the Committee That John Hall Esq is duly Elected a Burgess to serve in this present Parliament for the said Burrough of Wells The Clerk of the Crown being called in amended the Return for the said Burrough of Wells by razing out the Name of Edward Berkley Esq and inserting the Name of John Hall Esq instead thereof Ordered That Sir William Waller be added to the Committee appointed to prepare Evidence against the Lords in the Tower Ordered That an Humble Application be made to his Majestie from this House by such Members thereof as are of His Majesties most â—onourable Privy Council to desire his Majesty to grant a full and general Pardon to Mr. Bernard Davis Colonel Birch reports from the Committee to whom the considerations of the Petition of Sir Thomas Whitegrave Francis Eld and Sampson Birch was referred That the Committee having Examined the matter relating to Sampson Birch had Ordered him to make the sollowing Report Resolved That Mr. Sampson Birch is Guilty of the Information charged against him That the said Birch Keeper of the Prison at Stafford his suffering Bromage a Popish Priest committed to his Custody and Condemned to walk abroad is contrary to Law To which Resolves the House agreed Mr. Hampden Reports from the Committee appointed to prepare an Address to his Majesty upon the debate of the House Humbly Representing the Dangerous State and Condition of this Kingdom in Answer to His Majesties Message relating to Tangier an Address agreed upon by the Committee which he read in his Place and afterwards delivered the same in at the Clerks Table where the same being read was upon the Question agreed to by the House A Message from the Lords by Sir Tymothy Baldwyn Sir Samuel Clark Mr. Speaker The Lords have appointed a Committee of five Lords to meet with a Committee of this House to adjust the methods and circumstances in the Tryal of the Lord Viscount Stafford and have Appointed the Five Lords to meet this Afternoon at three of the Clock in the Inner Court of Wards Resolved That a Committee be appointed of Ten Members of this House to meet the Committee of Lords to adjust the Methods and Circumstances in the Tryal of the Lord Viscount Stafford Ordered That such Members of this House as are of His Majesties Most Honourable Privy-Council be desired to know his Majesties pleasure when this House may attend His Majestie with the last mentioned Address Ordered That the Matter touching the Election for Taunton in the County of Somerset be heard at the Bar of the House on Wednesday Morning next Lunae 29. die Novemb. 1680. A Bill for ascertaining Fines upon Convictions for Misdeameanors was Read the first time Resolved That the Bill be read a second time Ordered That a Committee be appointed to prepare and bring in a Bill for the Repeal of part of the Law already made for regulating the Fishing in the River Severne Ordered That the Executors of Sir Matthew Hale late Chief Justice of the Court of Kings Bench be desired to print his Manuscripts relating to the Crown Law And a Committee is appointed to take care of the true Printing thereof Ordered That the said Edward Brett of Staffordshire be discharged from his further Imprisonment by Order of this House Mr. Secretary Jenkins acquaints the House That he having according to the Orders of the House attended His Majestie to know his Majesties Pleasure when this House should attend him with the Address His Majestie was pleased to appoint this House to attend him at three of the Clock this afternoon in the Banquetting House And further acquaints the House that His Majestie being humbly moved according to the Order of the House for a Pardon for Bernard Dennis was graciously pleased to grant the same and though neither the said Bernard Dennis nor any other by his appointment did carry on the said Pardon to the Seal yet the same together with the Pardon granted to Mr. Turbervil were now ready under the Great Seal And the directions of the House were desired into what hands to put the same Ordered That the said Pardon be lodged in Mr. Treyby's hands for the service of the House and benefit of the said Persons Ordered That the Clerk of this House do de die in diem attend the Committee appointed to examine Precedents touching the Committing of Members of this House to the Custody of the Serjeant at Arms when Impeached in Parliament A Petition of Mr. Thomas Dangerfield was read Ordered That a Committee be appointed forthwith to insect Mr. Dangerfield's Pardon as to the Validity thereof and likewise to examine what Allowances now are or formerly have been made to Mr. Dangerfield from His Majesty and to consider the Alterations and other Circumstances of his Allowances and to report the same to the House Ordered That the Members of this
to the Judgment of this House The Resolutions of the House of Commons upon the said Report 1. THat it is the Opinion of this House That the Discharging of the Grand Jury of the Hundred of Oswaldston in the County of Middelsex by the Court of Kings Bench in Trinity Term last before the last day of the Term before they had finished their Presentments was Arbitrary and Illegal destructive to publick Justice a manifest violation of the Oaths of the Judges of that Court a means to subvert the Fundamental Laws of this Kingdom and to Introduce Popery 2. THat it is the Opinion of this House That the Rule made by the Court of Kings Bench in Trinity Term last against Printing of a Book called The Weekly Pacquet of Advice from Rome is Illegal and Arbitrary thereby usurping to themselves Legislative Power to the great discouragement of the Protestants and for the countenancing of Popery 3. THat it is the Opinion of this House That the Court of Kings Bench in the Imposition of Fines on Offenders of late years have acted Arbitrarily Illegally and Partially favouring Papists and persons Popishly affected and excessively oppressing His Majesties Protestant Subjects 4. THat it is the Opinion of this House That the resusing sufficient Bail in these Cases wherein the persons committed were Bailable by Law was Illegal and a high breach of the Liberties of the Subject 5. THat it is the Opinion of this House That the said expressions in the Charge given by the said Baron Weston were a Scandal to the Reformation and tending to raise discord between His Majesty and His Subjects and to the Subversion of the Ancient Constitution of Parliaments and of the Government of this Kingdom 6. THat it is the Opinion of this House That the said Warrants are Arbitrary and Illegal The Resolutions of the Commons for the Impeachment of the said Judges Resolved THat Sir William Scroggs Knight Chief Justice of the Court of Kings Bench be Impeached upon the said Report and the Refolutions of the House thereupon Resolved That Sir Thomas Jones one of the Justices of the said Court of Kings-Bench be Impeached upon the said Report and Resolutions of the House thereupon Resolved That Sir Richard Weston one of the Barons of the Court of Exchequer be Impeached upon the said Report and Resolutions of the House thereupon Ordered That the Committee appointed to prepare an Impeachment against Sir Francis North Chief Justice of the Court of Common-Pleas do prepare Impeachments against the said Sir William Scroggs Sir Thomas Jones and Sir Richard Weston upon the said Report and Resolutions Ordered That the said Report and several Resolutions of this House thereupon be Printed and that Mr. Speaker take care in the Printing thereof apart from this days other Votes Veneris 31 die Decemb. 1680. A Bill prohibiting the Importation of forein Guns was read a second time The Question being put that the Bill be committed It passed in the Negative Resolved That the Bill be rejected Ordered That leave be given to bring in a Bill for regulating the Abuses in making of Casks Barrels and other Vessels Ordered That a Committee be appoinied to peruse the Laws relating to Weights and Measures and to report their opinions therein to the House and to bring in a Bill or Bills for the better regulating and ascertaining the same Ordered That leave be given to bring in a Bill for a general Naturalization of Alien Protestants and allowing them liberty to exercise their Trades in all Corporations A Bill for the Relief of the Subject against Arbitrary Fines was read a second time Resolved The the Bill be committed Mr. Hyde acquaints the House that His Majestie according to the order of the House having been attended by such Members of this House as are of His Majesties most Honourable Privy Council desiring His Majestie to give Orders that such Evidence and Informations as were given in to the Council by Mr. Serjeant and others in the Case of John Gavan executed for High Treason and for all other Evidences Papers Writings Letters and Informations delivered into the Council relating to the Popish Plot might be communicated to this House His Majestie was pleased to declare his Commands that the same should be delivered accordingly And further acquainted the House That Sir John Nicholas one of the Clerks of the Council had assured him that all the said Papers were already transmitted to the House of Lords And then the House Adjourned to Munday Morning eight of the Clock The REPORT from the Committee of the Commons in Parliament appointed by the Honourable House of Commons to consider the Petition of Richard Thompson of Bristol Clerk and to Examine Complaints against him And the RESOLUTION of the Commons in Parliament upon this REPORT for his Impeachment of HIGH Crimes and Misdemeanors At the Committee appointed to take into Consideration the Petition of Rich. Thompson Clerk and to examine the complaints against him Friday Decemb. 24. 1680. In the first place THE Committee read unto the said Thomson the Heads of Complaint against him Which for the most part he denying desired to have his Accusers brought Face to Face Whereupon the Committee proceeded to the Examination of Witnesses to prove the said Complaint The first Witness Examined saith That there being a great noise and rumor that Mr. Thompson had prepared a Sermon to be Preached on the Thirtieth of January 1679. the said Witness went to the said Sermon and did hear Mr. Thompson publikly declare That the Presbyterians were such Persons as the very Devil Blush't at them and that the Villain Hamden grudged and made it more Scruple of Conscience to give Twenty Shillings to the King for supplying his Necessities by Ship-Money and Loan which was His Right by Law than to raise Rebellion against Him And that the Presbyterians are worse and far more Intolerable than either Priests or Jesuits The second saith That hearing a great Talk Noise spread of a Sermon to be Preached by Mr. Thompson on the 30th of January 1679. was minded to hear the same and accordingly did at which he writ some Notes amongst which he saith That Mr. Thompson openly Preached that the Devil Blush't at the Presbyterians and that the Villain Hamden grudged more to give the King 20 Shillings which was His just due by Law Ship-Money and Loan than to raise Rebellion against Him and that a Presbyterian-Brother qua talis was as great a Traytor by the Statute as any Priest or Jesuite whatsoever That he heard that Mr. Thompson said that he hoped the Presbyterians would be pulled out of their Houses and the Jayles fiâ—led with them and wish't their Houses burnt The Third saith That he was Cited to the Bishops Court to receive the Sacrament last Easter but being out of Town at that time did Receive it at a place called Purl in Wilt-shire and that a month after he came Home was again Cited to the said Court and
offence a Fine of 100 Marks Mich. 32. C 2. and to stand an hour in the Pillory And upon Arthur Obrian for the same offence a Fine of 20 Marks and to stand an hour in the Pillory Upon Consideration whereof this Committee came to this Resolution Resolved That it is the Opinion of this Committee That the Court of Kings-Bench in the Imposition of Fines on Offenders of late years hath acted Arbitrarily Illegally and Partially favouring Papists and persons Popishly affected and excessively oppressing His Majesties Protestant Subjects And this Committee being inform'd That several of His Majesties Subjects had been committed for crimes baylable by Law although they then tendred sufficient sureties which were refus'd only to put them to vexation and charge proceeded to enquire into the same and found that not only the foremention'd Henry Carr had been so refus'd the common Right of a Subject as is abovesaid but that George Broome being a Constable last year in London and Committing some of the Lord Chief Justice Scroggs Servants for great disorders according to his Duty he was in few days arrested by a Tipstaff without any London Constable and carried before the said Chief Justice by His Warrant to answer for the committing of those persons abovesaid but being there was accused of having spoken irreverently of the said Chief Justice and an Affidavit read to him to that purpose which was falsly as the said George Broome affirms Sworn against him by two persons that use to be Common Bayl in that Court and of very ill reputation Upon which he was committed to the Kings Bench though he then tendred two able Citizens and Common-Council men of London to be his Bayle and he was forc't to bring his Habeas Corpus to his great charge before he came out when the Marshall Mr. Cooling exacted 5 l. of him of which he complain'd to the Chief Justice but had no other Answer but he might take his Remedy at Law But the said Marshall fearing he should be questioned restor'd him two Guineys of it And further this Committee was inform'd by Francis Smith Bookseller That about Michaelmas was Twelvemonth he was brought before the said Chief Justice by his Warrant and charged by the Messenger Robert Stephens That he had seen some parcels of a Pamphlet call'd Observations on Sir George Wakeman 's Tryal in his Shop Upon which the Chief Justice told him he would make him an Example use him like a Boar in France and pile him and all the Booksellers and Printers up in Prison like Faggots and so Committed him to the Kings-Bench Swearing and Cursing at him in great fury And when he tendred three sufficient Citizens of London for his Bail alledging Imprisonment in his Circumstances would be his utter ruine the Chief Justice replied the Citizens lookt like sufficent persons but he would take no bail and so he was forc'd to come out by Habeas Corpus and was afterwards informed against for the same matter to his great charge and vexation And a while after Francis the Son of the said Francis Smith was committed by the said Chief Justice bail refus'd for selling a Pamphlet call'd A New years gift for the said Chief Justice to a Coffee-house and he declared to them he would take no bail for he would ruine them all And further it appear'd to this Committee that the said Chief Justice about October was twelve month committed in like manner Jane Curtis she having a husband and children for selling a Book call'd A Satyr against injustice which his Lordship call'd a Libel against him and her friends tendring sufficient Bail and desiring to have mercy on her poverty and condition he swore by the name of God she should go to prison and he would shew no more mercy than they could expect from a Wolf that came to devour them and she might bring her Habeas Corpus and come out so Which she was forc'd to do and after inform'd against and prosecuted to her utter ruin four or five Terms after In like manner it appeared to this Committee that about that time also Edward Berry Stationer of Grays Inn was committed by the said Chief Justice being accus'd of selling The Observations on Sir George Wakeman's Tryal and though he tendred 1000 l. Bail yet the Chief Justice said he would take no Bail he should go to Prison and come out according to Law And after he with much trouble and Charge got out by Habeas Corpus he was forc'd by himself or His Attorney to attend five Terms before he could be discharged though no information was exhibited against him in all that time In consideration whereof and of others of the like Nature too tedious here to relate this Committee came to this Resolution Resolved That it is the Opinion of this Committee That the refusing sufficient Bail in these Cases wherein the persons Committed were Bailable by Law was Illegal and a High Breach of the Liberty of the Subject And this Committee being Informed of an extraordinary kind of a Charge given at the last Assizes at Kingston in the County of Surrey by Mr. Baron Weston and proceeding to examine several persons then and there present It was made appear to this Committee by the Testimony of John Cole Richard Mayo and John Peirce Gentlemen and others some of whom put down the said Barons words in writing immediately that part of the said Charge was to this effect He inveighed very much against Farel Luther Calvin and Zuinglius condemning them as Authors of the Reformation which was against their Princes minds and then adding to this purpose Zuinglius set up his Fanaticisme and Calvin built on that blessed Foundation And to speak truth all his Disciples are seasoned with such a sharpness of spirit that it much concerns Magistrates to keep a strait hand over them And now they are restless amusing us with fears and nothing will serve them but a Parliament For my part I know no Representative of the Nation but the King all power Centers in him 'T is true he does intrust it with his Ministers but he is the sole Representative and I faith he has wisdom enough to intrust it no more in these men who have given us such late Examples of their wisdom and Faithfulness And this Committee taking the said matter into their Consideration came to this Resolution Resolved That it is the Opinion of this Committee that the said Expressions in the Charge given by the said Baron Weston were a Scandal to the Reformation in Derogation of the Rights and Priviledges of Parliaments and tending to raise Discord between his Majesty and his Subjects And this Committee being Informed by several Printers and Booksellers of great Trouble and Vexation given them unjustly by one Robert Stephens called a Messenger of the Press the said Stephens being Examined by this Committee by what Authority he had proceeded in that manner Produced two Warrants under the hand and Seal of the
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 arâ—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 seâ—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
the Address concerning Sir George Jeffreys An Address agreed upon by the Committee which he Read in his Place and afterwards delivered the same in at the Clerks Table where the same being Read was upon the Question Agreed to Mr. Zeile being called in delivered his Information in Writing relating to the Popish Plot. Ordered That Edward Seymour Esq a Member of this House attend the Service of this House in his Place tomorrow morning at Ten of the clock Ordered That an humble Application be made from this House to His Maiesty by such Members thereof as are of His Majesties most Honourable Privy Council to desire His Majesty to grant to Mr. Zeile a full and General Pardon to this time and Grant him some Allowance for his Subsistence Ordered That an humble Application be made from this House te His Majesty by such Members thereof as are of His Majesties most Honourable Privy Council Representing the Condition and Circumstances of Mr. Hethrington and other the Witnesses touching the Popish Plot in Ireland And to desire His Majesty to grant them some Allowance for their Support Ordered That an humble Application be made to His Majesty from this House by such of the Members thereof as are of His Majesties most Honourable Privy Council to desire His Majesty to confer upon Mr. Smith who hath made a considerable Discovery of the Popish Plot some Ecclesiastical Preferment Sabbati die 20. Novembris 1680. INformation being given to the House That Mr. William Stawell was Foreman of the Grand Jury for the County of Devon the last Summer Assizes and that by a mistake Mr. Colman was ordered to be sent for in Custody in stead of the said Mr. Stawell Ordered That Mr. Colman's Name be struck out of the Warrant directed to the Serjeant at Arms attending this House And that Mr. Stawell's Name be inserted instead thereof A Complaint being made of a Breach of priviledge committed against Mr. Ayloffe a Member of this House by John Dandridge in arresting and Detaining in Custody James Newman Menial servant of the said Mr. Ayloffe at the Suit of Richard Rawlins Ordered That the said John Dandridge and Richard Rawlins be sent for in Custody of the Serjeant at Arms attending this House to answer at the Bar of this House for the said Breach of Priviledge The Question being put That the Bill against the Importation of Cattel from Scotland be now Read a Second time It was Resolved in the Affirmative The Bill being Read Resolved That the Bill be Committed Information being given to the House That George Eylles had committed a Breach of priviledge against Sir Patience Ward a Member of this House Ordered That the said George Eyles be sent for in Custody of the Serjeanr at Arms attending this House to answer at the Bar of this House for the said Breach of Priviledge Mr. Secretary Jenkins acquaints the House That in pursuance of the Orders of this House His Majesty had been attended by such Members thereof as are of His Majesties Privy Council with several addrsses from this House That as to the address relating to Sir George Jeffreys after the same together with the Orders and Resolves of the House were Read to His Majesty His Majesty was pleased to Return answer That He would consider of it That His Majesty upon presenting the address for some allowance to Mr. Lewis and for a general Pardon to him and all the rest of the Persons that have given Information relating to the Popish plot for all Crimes and Misdemeanours whatsoever His Majesty was pleased to answer That His Majesties Pardon should extend to all Crimes and Misdemeanors whatsoever by them committed to this time Perjury only excepted That His Majesty was further pleased to answer That Consideration should be had of Mr. Lewis for some reasenable allowance to him That as to the address relating to Mr. Smith for some Ecclesiastical Preferment His Majsty would have him in Consideration That as to the address concerning Mr. Hethrington and the rest of the Witnesses touching the Popish plot in Ireland His Majesty in regard that the Number and Circumstances of those Persons are not yet well known had referred the Consideration thereof to the Lords Commissioners of the Treasury Resolved That a further address be made to His Majesty from this House by such Members thereof as are of His Majesties most Honourable Privy Council to desire His Majesty That the Pardon 's granted to the several persons for whom application hath been already made to His Majesty by this House may extend to all Crimes and Misdemeanors whatsoever by them committed to the last time of their respective Discoveries respectively Mr. Trenchard Reports from the Committee to whom is referred to Enquire after such persons as have offended against the Rights of the Subjects to Petition His Majesty for the Sitting the Parliament That the Committee had ordered him to make the following Report viz. That Information being given to the said Committee That Examinations were taken upon Oath in the County of Monmouth by five Justices of the Peace of the said County viz. James Herbert Henry Baker William Herbert William Jones and Robert Gunter Esquires against John Arnold Esquire for procuring Subscriptions to a certain Petition to be presented to His Majesty for the Sitting of the Parliament Which said Examination was sent up to the Council Table by the said Justices and there Exhibited in Charge as an Article against the said Mr. Arnold and was Subscribed by one Thomas Herbert Esquire who undertook to prosecute the same And that the Committee desired the Directions of the House therein And further Reported That the Committee had agreed upon two Resolves which are as so lows Resolved That this Committee is of Opinion That Mr. Thomas Staples by obstructing Petitoning to His Majesty for the siting of this Parliament and declaring his dislike and abhorence of such Petitioning hath betrayed the Rights of the Subject Resolved That this Committee is of Opinion That Sir Thomas Holt Serjeant at Law by obstructing Petitioning to His Majesty for the Sitting of this Parliament and declaring his dislike and obhorrence of such Petitioning hath betrayed the Rights of the Subject Which Report he Read in his place and afterwards delivered the same in at the Clerks Table where the same being Read The House taking into Consideration the Matters specially Reported Ordered That Mr. Thomas Herbert be sent for in Custody of the Serjeant at Arms attending this House to answer at the Bar of this House for the Misdemeanors by him committed against the priviledge of this House The First of the said Resolves being Read a Second time to the House Resolved That this House doth agree with the said Committee That the said Mr. Thomas Staples by obstructing Petitioning to His Majesty for the Sitting of this Parliament and declaring his dislike ad abhorrence of such Petitioning hath betrayed the Rights of the Subject The Second of the said Resolves being read
produce the said Day and with him to attend Dr. Day and Mr. Sheridon both appearing were examined severally And first the said Day who confest himself a Papist and pretended very little knowledg of Mr. Sheridon but that coming to give him a visit which he had not done of six weeks before Mr. Sheridon began to discourse of News and particularly of the Plot to which the said Doctor replyed that now the whole Plot would be discovered laid open for he heard there was one gone beyond Sea to fetch overa Priest that knew of the whole Plot and doth not remember any thing more at that time but common discourse But some few days after meeting with Mr. Sheridon the said Mr. Sheridon desired him to describe the person that was so sent over the said Dr. Day replyed that he knew not the person that was gone nor the Priest he was to fetch But that John Butler keeper of a Brandy-shop near the French Embassadours upon discourse had told him so to whom Mr. Sheridon desired him to go and get the discription which he did accordingly And the description being shewed him confessed he writ it from his mouth save the last line But saith that person is now dead who gave him the said Description but his wife is living Mr. Sheridon being then called in and examined said He had no great acquaintance with the said Doctor and seldom saw him but upon a visit which happily might be once a week or the like Confesseth That the said Doctor told him as News the Plot would now be laid open for there was one sent over into France to fetch a Priest that knew of the whole Plot and further saith That he that went over knew as much of the Plot as any man in England Whereupon the said Sheridon Confesseth That he went shortly after but remembers not how long to Secretary Jenkins and told him that there was one gone over into France that knew as much of the Plot as any man and that he went over to fetch a Priest that also knew the whole Plot which he the said Sheridon supposed was to be a witness Upon which the said Secretary commanded him the said Sheridon to give him a description of the person so sent over But remembers no other discourse at that time but that some short time after but remembers not how long he met with Mr. Day who gave him the description in the presence of Mr. John Wilson of the Middle Temple which he shortly after delivered to the Secretary and used as he remembers only these words Sir here is the discription of the person I mentioned to you After this Description so delivered to the Secretary a Letter was written by Mr. Cooke which Mr. Secretary declared at the Committee he would take upon himself in these words following Whitehall May 31. 1680. SIR THE Right Honourable Sir Leoline Jenkins one of his Majesties Principal Secretaries of State being hastily called this day to wait upon his Majesty at Windsor hath commanded me to send you the enclosed description of a person Who if he shall happen to come from France and land at your Port Mr. Secretary saith you will do the King and Kingdom a great service if you will keep a strict Eye upon him and the company that shall arrive with him till they be all brought before Mr. Mayor or other chief Magistrate of your Town whom Mr. Secretary desires to offer the said persons the Oaths of Allegiance and Supremacy and in case of their or any of their refusal of the same to secure them and deal with them according to Law giving Mr. Secretary an account with what speed may be of all the proceedings in this affair If such a person as is here described should come and make no bones of taking the aforesaid Oaths yet in Case Mr. Mayor or other chief Magistrate before whom they are brought shall have reasonable ground to suspect that he is the man so described and that he hath one or more in his company who may be reasonably suspected to be Priests some handsome course is to be taken to detain them till Mr. Secretary can be acquainted with what is done and send such further directions as shall be thought necessary Mr. Mayors Authority with your Prudence and Zeal in this matter will I hope produce a good effect upon this Command I am Sir Your very humble Servant John Cooke Pray favour me with a Line that this comes safe to your hands Vera Copia John Pepper Upon which Norris was committed to the Common Prison as is mentioned in his Complaint All which being of more than an ordinary nature this Committe thought not fit to give any opinion but humbly referred it to the Wisdom of this House Jovis die 23. Decemb. 1680. Ordered THat leave be given to Mr. Henry Goreing a Member of the House to go into the Country Ordered That Mr. Speaker do issue out his Warrant to the Clerk of the Crown to make out a new Writ for the Electing of a Citizen to serve in this present Parliament for the City of Chichester in the room of Mr. Farrington deceased A Bill to enable John Jenner Gent. to make Leases of some part of his Estate for the payment of his Debts and for making provision for his younger children was read a second time and committed A Bill for the more easie collecting the Duty of Hearth-money was read the first time and ordered a second reading An Engrossed Bill for rectifying several errors and mistakes in certain Deeds and Settlements made upon the Marriage of Sir Charles Hoghton Baronet was read the third time and passed Ordered That Sir John Otway do carry up the said Bill to the Lords Ordered That the Thanks of this House be given to Dr. Burnett for his Sermon yesterday preached before this House and likewise for his Book relating to the History of the Reformation of the Church of England and that he be desired to print his said Sermon and that Colonel Titus do acquaint him therewith Ordered That leave be given to bring in a Bill or Bills to correct and punish Atheism Blasphemy Swearing and Debauchery and for the better observation of the Lord's Day A Message from the Lords by Sir Miles Cook and Sir John Francklin Mr. Speaker The Lords have commanded us to acquaint this House that they have agreed to a Bill sent from this House entituled An Additional Act for burying in Woollen without any Amendment A Message from the Lords by Mr. Baron Weston and Mr. Justice Charleton Mr. Speaker The Lords have commanded us to acquaint this House that at their rising this day they do intend to adjourn till the next Monday Sevenight A Bill for banishing Papists out of the King's Dominions was read the first time and Ordered a second reading to Morrow morning Resolved c. That this House is content that the Sheriffs of London and Middlesex do execute William late Viscount Stafford by
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 Courâ— 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 Courâ— would present their petition But the Chief Justice asked if they had any Bills they answered They had but the Clerks were drawing theâ— into Form Upon which the Chief Justice said They would not makâ— two Works of one Business the Petition being Read he said Thiâ— was no Article of their Charge nor was there any Act of Parliamen that required the Court to deliver the Grand Juries Petitions Thaâ— 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 thoughâ— it much that they should come with a Petition to alter the Kingâ— Mind declared in the News Book The Jury said They did it not tâ— 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 haâ— medled with matters of State not given them in Charge but presenâ—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
Bayl he refused before upon which this Committee came to this Resolution Resolved That it is the opinion of the Committee That the Rule made by the Court of Kings-Bench in Trinity Term last against printing a Book called The Weekly Pacquet of Advice from Rome is Alegal and Arbitrary And the Committee proceeded further and upon Information that a very great latitude had been taken of late by the Judges in imposing Fines on the persons found Guilty before them caused a Transcript of all the Fines imposed by the Kings-Bench since Easter-Term in the 28th of His Majesties Reign to be brought before them from the said Court by Samuel Astrey Gent by perusal of which it appear'd to this Committee That the quality of the offence and the Ability of the person found Guilty have not been the Measures that have determined the quantity of many of these Fines which being so very numerous the Committee refer themselves to those Records as to the general instancing in some particulars as followeth Upon Joseph Brown of London Trint 2. Car. 2. Gent. on an Information for publishing a printed Book called The Long Parliament Dissolved in which is set forth these words Nor let any man think it strange that we account it treason for you to sit and act contrary to our Laws for if in the first Parliament of Richard the second Grimes and Weston for lack of Courage only were adjudged guilty of High Treason for surrendring the places committed to their trust how much more you if you turn Renegadoes to the people that intrusted you and as much as in you lye surrender not a little pitiful Castle or two but all the legal defence of the people of England have for their Lives Liberties and Properties at once Neither let the vain persuasion delude you That no president can be found that one English Parliament hath hang'd up another tho peradventure even that may be proved a mistake for an unpresidented Crime calls for an unpresidented punishment and if you shall be so wicked to do the one or rather endeavour to do for now you are no longer a Parliament what ground of confidence you can have that none will be found so worthy to do the other we cannot understand and do faithfully promise if your unworthiness provoke us to it that we will use our honest and utmost endeavours whenever a new Parliament shall be called to chuse such as may convince you of your mistake the old and infallible Observation That Parliaments are the pulse of the people shall lose its esteem or you will find that this your presumption was over-found however it argues but a bad mind to sin because it 's believed it shall not be punished The Judgment was That he be fin'd 1000. Marks be bound to the good behaviour for seven years and his name struck out of the Roll of the Attorneys without any offence alledged in his said Vocation And the publishing this Libel consisted only in superscribing a Pacquet with this inclosed to the East Indies Which Fine he not being able to pay living only upon his Practice he lay in prison for three years till His Majesty graciously pardon'd him and recommended him to be restored to his Place again of Attorney by His Warrant dated the 15. of Decemb. 1679. Notwithstanding which he has not yet obtained the said Restauration from the Court of Kings Bench. Upon John Harrington of London Gent. for speaking these words laid in Latin thus Hill 29 Car. 2. Quod nostra Gubernatio de tribus statibus consistibat si Rebellio eveniret in regno non accideret contra omnes tres status non est Rebellio A Fine of 1000 l. Sureties for the good behaviour for seven years and to recant the words in open Court which Fine he was in no capacity of ever paying Upon Benjamin Harris of London Stationer 31 32.2 on an Information for printing a Book call'd An appeal from the Countrey to the City setting forth these words We in the Countrey have done our parts in chusing for the generality good Members to serve in Parliament but if as our two Last Parliaments were they must be dissolved or prorogued whenever they come to redress the grievances of the subject we may be pitied not blam'd if the Plot takes effect and in all probability it will Our Parliaments are not then to be condemn'd for that their not being suffer'd to sit occasion'd it Judgment to pay 500 l. Fine stand on the Pillory an hour and give Sureties for the good behaviour for three years And the said Benj Harris inform'd this Committee That the Lord Chief Just Scroggs prest the Court then to add to this Judgment his being publickly whipt but Mr. Justice Pemberton holding up his hands in admiration at their severity therein Mr. Justice Jones pronounc'd the Judgment aforesaid and he remains yet in prison unable to pay the said Fine Notwithstanding which severity in the Cases forementioned this Committee has observed the said Court has not wanted in other cases an extraordinary compassion and mercy though there appear'd no publick reason judicially in the Tryal as in particular Upon Thomas Knox principal Eod 31 32. Car 2 on an Indictment of subornation and conspiracy against the testimony and life of Dr. Oates for Sodomy and also against the testimony of William Bedloe a Fine of 200 Marks a years Imprisonment and to find Sureties for the good behaviour for three years Upon John Lane for the same offence a Fine of 100 Marks Eod Ter to stand in the Pillory for an hour and to be imprison'd for one year Upon John Tasborough Gent on an Indictment for subornation of Stephen Dugdale Eod 32. Car 2. tending to overthrow the whole Discovery of the Plot The said Tasborough being affirmed to be a person of good quality a Fine of 100 l. Upon Ann Price for the same offence Eod Ter 200 l. Upon Nathaniel Thompson and William Badcock on an Information for Printing and Publishing weekly a Libel Trin 32. Ca 2. call'd The true Domestick Intelligence or News both from City and Countrey and known to be Popishly affected a Fine of 3 6 8 one each of them Upon Mathew Turner Eod Ter. Stationer on an Information for vending and publishing a Book call'd The Compendium where in the Justice of the Nation in the late Tryals of the Popish Conspirators even by some of these Judges themselves is highly Arraign'd and all the Witnesses for the King horribly asperst and this being the Common Notorious Popish Book-seller of the Town Judgment to pay a Fine of 100 Marks and is said to be out of Prison already Upon Loveland on an Indictment for a Notorious Conspiracy and Subornation against the Life and Honour of the Duke of Buckingham Trin. 32. C 2. for Sodomy a Fine of 5 l. and to stand an hour in the Pillory Upon Edward Christian Esq for the same
Chief Justice Scroggs which were In hac verba WHereas There are divers ill disposed persons who do daily Print and Publish many Seditious and Treasonable Books and Pamphlets Angl. ss endeavouring thereby to dispose the minds of his Majesties Subjects to Sedition and Rebellion And also infamous Libels reflecting upon particular persons to the great scandal of his Majesties Gevernment For suppressing whereof his Majestie hath lately issued out his Royal Proclamation And for the more speedy suppressing the said Seditious Books Libels and Pamphlets and to the end that the Authors and Publishers thereof may be brought to their punishment These are to will and require you and in His Majesties Name to charge and command you and every of you upon sight hereof to be Aiding and Assisting unto Robert Stephens Messenger of the Press in the seizing on all such Books Pamphlets as aforesaid as he shall be informed of in any Book-sellers or Printers Shops or VVarehouses or elsewhere whatsoever to the end they may be disposed as to Law shall appertain Also if you shall be informed of the Authors Printers or Publishers of such Books or Pamphlets as are abovementioned you are to apprehend them and have them before one of His Majesties Justices of the Peace to be proceeded against according to Law Dated this 29th day of November 1679. To Robert Stephens Messenger of the Press To all Mayors Sheriffs Bayliffs Constables and all other Officers and Ministers whom these may concern WILLIAM SCROGGS WHereas The Kings Majestie hath lately Issued out His Proclamation for suppressing the Printing and Publishing Vnlicensed News-Books Angl. ss and Pamphlets of News Notwithstanding which there are divers Persons who do daily Print and Publish such unlicensed Books and Phamphlets These are therefore to Will and Require You and in his Majesties Name to Charge and Command You and every of you from time to time and at all times so often as you shall be thereunto required to be Aiding and Assisting to Robert Stephens Messenger of the Press in the Seizing all such Books and Pamphlets as aforesaid as he shall be informed of in any Book-sellers Shop or Printers Shop or Ware-houses or elsewhere whatsoever to the end they may be disposed of as to Law shall appertain Likewise if you shall be informed of the Authors Printers or Publishers of such Books and Pamphlets you are to apprehend them and have them before Me or one of His Majesties Justices of the Peace to be Proceeded against as to law shall appertain Dated this 28th Day of May Anno Dom. 1680. To all Mayors Sheriffs Bayliffs Constables and all other Officers and Ministers whom these may concern To Robert Stephens Messenger of the Press WILLIAM SROGGS Upon View whereof this Committee came to this Resolution Resolved That it the Opinion of this Committee That the said Warrants are Arbitrary and Illegal And this Committee being informed of certain Scandalous Discourses said to be uttered in publick places by the Lord Chief Justice Scroggs proceeded to Examine Sir Robert Atkins late one of the Justices of the Common-pleas concerning the same by whom it appears That at a Sessions dinner at the Old Bayly in the Majorality of Sir Robert Clayton who was then present The said Chief Justice took Occasion to speak very much against Petitioning Condemning it as Resembling 41 as Factious and tending to Rebellion or to that Effect to which the said Sir Robert Atkins made no reply suspecting he waited for some Advantage over him But the Chief Justice continuing and pressing him with the said Discourse he began to Justifie Petitioning as the Right of the People especially for the Sitting of a Parliament which the Law Requires if it be done with Modesty and Respect Upon which the Chief Justice fell into a great Passion and there is some reason to believe that soon after he made an ill Representation of what the said Sir Robert had then spoke unto his Majestie And this Committee was further Informed that the said Sir Robert Atkins being in Cercuit with the said Chief Justice at Summer Assizes was I welve-month at Monmouth Mr. Arnold Mr. Price and Mr. Bedlow being then in company the Chief Justice fell severely in publick upon Mr. Bedlow taking off the credit of his Evidence aâ—ledging he had overshot himself in it or to that Effect very much to the disparagement of his Testimony And the said Sir Robert defending Mr. Bedlow's Evidence and credit he grew extream angry and loud saying to this effect That he verily believed Langhorn dyed innocently To which the said Sir Robert replied he wondred how he could think so who had condemned him himself and had not moved the King for a Reprieve for him All which Matters of discourse this Committee humbly submit to the wisdom and consideration of this House without taking upon them to give any Opinion therein And this Committee proceeded further to inquire into some Passages that happened at Lent Assizes last for the County of Somerset at the Tryal of Thomas Dare Gent. there upon an Indictment for saying falsly and seditiously That the Subjects had but two means to Redress their Grievances One by Petitioning the Other by Rebellion And found that though by his other discourse when he said so that it appeared plainly he had no rebellious intent in that he said Then God forbid there should be a Rebellion he would be the first man to draw his Sword against a Rebel yet he was profecuted with great violence And having pleaded Not Guilty he moved Mr. Justice Jones who then sat Judge there that he might try it at the next Assises for that Mr. Searle who was by at the speaking of the words and a material Witness for his defence was not then to be had and an Affidavit to that purpose was made and recieved But the said Justice Jones told him That was a favour of the Court onely and he had not deserved any Favour and so forc'd him to try it presently But the Jury appearing to be an extraordinary one provided on purpose being all of Persons that had highly opposed Petitioning for the sitting of this Parliament he was advised to withdraw his Plea and the said Justice Jones encouraging him so to do he confest the words denying any evil intention and gave the said Justice an account in writing of the Truth of the whole Matter and made a submission in Court as he was directed by the said Justice who promised to recommend him to His Majesty but imposed a Fine of 500 l. on him and to be bound to the good behaviour for three years Declaring also That he was turned out from being a Common Councellor of the Corporation of Taunton in the said County on pretence of a clause in their Charter giving such a power to a Judge of Assize And the said Thomas Dare remains yet in prison for the said Fine in which matter of the Tryal aforesaid this Committee desireth to refer it self