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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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having taken the same into their consideration had agreed upon two Resolves which he read in his place and afterwards delivered them in at the Clerks Table where the same being read are as follow viz. Resolved c. That Arthur Acland Esq is not duly Elected a Burgess to serve in this present Parliament for the Borough of Barnstaple in the County of Devon Resolved c. That Rich Lee Esq is duly Elected a Burgess to serve in this present Parliament for the Borough of Barnstaple To which Resolves the House agreed Mr. Treby farther acquaints the House with several Misdemeanours committed by John Fairchild late Mayor of the said Borough at the said Election Ordered That the said John Fairchild be sent for in custody of the Serjeant at Arms attending this House to answer at the Bar of this House for the Misdemeanours by him committed at the said Election Mr. Treby reports from the Committee of Elections and Priviledges to whom the Matter of the Election for the Borough of Marlborough in the County of Wilts was referred That the Committee having taken the same into their consideration had agreed upon two Resolves which he read in his place and afterwards delivered them in at the Clerks Table where the fame being read are as follow viz. Resolved c. That Tho Lord Bruce is duly Elected a Burgess to serve in this present Parliament for the Borough of Marlborough in the County of Wilts Resolved c. That Tho Bennett Esq is duly Elected a Burgess to serve in this present Parliament for the said Borough of Marlborough To which Resolves the House agreed The Report from the Committee appointed to examine the Matters of complaint against Rich Thompson Clerk being read at the Clerks Table and the Matters being debated in the House Resolved Nemine contradicente That Richard Thompson Clerk has publickly defamed His Sacred Majesty preached Sedition villified the Reformation promoted Popery by asserting Popish Principles decrying the Popish Plot and turning the same upon the Protestants and endeavoured to subvert the Liberty and Property of the Subject and the Rights and Priviledges of Parliament and that he is a scandal and reproach to his Function Resolved c. That the said Rich Thompson be impeached upon the said Report and Resolution Ordered That a Committee be appointed to prepare the said Impeachment Ordered That the said Report and Resolution of this House thereupon be forthwith printed A Bill for exempting his Majesties Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws was read a second time Resolved c. That the said Bill be committed upon the Debate of the House to the Committee to whom the Bill for Uniting of His Majesties Protestant Subjects is committed upon the Debate of the House A Bill for Banishing Papists out of the King's Dominions was read a second time Resolved c. That the Bill be committed upon the Debate of the House Then the House adjourned to Thursday the 30 of this instant December Jovis 30 die Decemb 1680. THE Clerk of the Crown being called in amended the Return for Barnstaple in the County of Devon by razing out the Name of Arthur Ackland and inferting the Name of Rich Lee Esq in the Indenture Ordered That Mr. Thistlethwayte a Member of this House have leave to go into the Countrey A Petition of William Townsend was read Ordered That it be referred to the Committee appointed to receive complaints against the Proceedings of Ecclesiastical Courts to Examine the Matter of the said Petition and to report the same with their Opinions therein to the House Sir George Downing reports from the Committee to whom the Bill for the better Encouragement of the Woollen Manufacture of England by the general wearing thereof was committed That they had agreed to several Amendments to be made to the Bill which he read in his place and afterwards delivered them in at the Clerks Table where the same being read were upon the Question severally agreed to by the House The Question being proposed that the said Bill and Amendments be Engrossed And a Debate arising in the House thereupon Resolved c. That the Debate be Adjourned to this Day Fortnight Ordered That the Grand Committee of Trade do sit on next Saturday seven-night Ordered That the Committee appointed to prepare Evidence against the Lords in the Tower do look into the Evidence against the Four Popish Lords in the Tower and do report their Opinions to the House in order to the further directions and proceedings of the House against them Ordered That an humble application 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 to give Orders That the Information and Evidence given by Mr. Serjeant and others before His Majesty in Council in the Case of John Gavan Executed for High Treason And also all other Evidences Informations Writings Letters and Papers delivered in to the Council relating to the Popish Plot may be communicated to this House Resolved That the several Writings Papers and Proceedings relating to such Members of the late Long Parliament who received allowances out of the Monies appointed for secret Service be produced to this House Resolved Nemine contradicente That no Member of this House shall accept of any Office or place of Profit from the Crown without the Leave of this House or any promise of any such Office or place of Profit during such time as he shall continue Member of this House Resolved That all Offenders herein shall be Expelled this House Ordered That the Bill for the better Discovery of Settlements of Estates for superstitious Uses be read to Morrow morning the first Business The Resolutions of the House of Commons for the Impeachment of Sir William Scroggs Knt. Chief Justice of the Court of King's-Bench Sir Thomas Jones Knight one of the Justices of the same Court Sir Richard Weston Knight one of the Barons of the Court of Exchequer Vpon the report of the Committee of the Commons Appointed to Examine the Proceedings of the Judges in Westminster-Hall and to Report the same with their opinions therein to the House and also upon the RESOLVES and VOTES of the Commons in Parliament upon that Report relating to the Arbitrary and Illegal proceedings of the said Judges Thursday 23d of December 1680. THis Committee being informed that in Trinity-Term last the Court of Kings-Bench discharg'd the Grand Jury that served for the Hundred of Ossulston in the County of Middlesex in a very unusual manner proceeded to enquire into the same and found by the Information of Charles Vmfrevill Esq Foreman of the said Jury Edward Proby Henry Gerard and John Smith Gentlemen also of the said Jury That on the 21th of June last the Constables attending the said Jury were found defective in not presenting the Papists as they ought and thereupon were Ordered by the said Jury to make
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 fi●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
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