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-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
Serjeant at Armes to answer at the Bar for a high Breach of Priviledge by him Committed aganst this House Mr. Secretary Jenkins acquaints the House that His Majesty having been attended by such Members of this House as are of His Majesties most Honourable Privy Council to know His Majesties pleasure When this House should attend Him with an address His Majesty hath appointed three of the Clock this afternoon for the House to attend him in the Banqueting-house at White-hall Ordered That leave be given to bring in a Bill to Supply the Laws against Bankrupcy Ordered That leave be given to bring in a Bill to take away the Court held before the Lord President and Council in the Marches of Wales A Bill for Repeal of an Act made in the 35. Year of the Reign of Queen Elizabeth cap. 1. was Read a Second time And no Exceptions being made to the same Ordered That the said Bill be Engrossed Resolved That an Humble 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 to give Orders that all Protestant Dissenters who are Prosecuted upon any penal Laws made against Popish Recusants in the Reign of Queen Elizabeth and King James may be admitted to a Composition in the Exchequer without paying any Fees Ordered That leave be given to bring in a Bill declaring that the Acts of Parliament made in the Reigns of Queen Elizabeth and King James against Popish Recusants shall not be extended against Protestant Dissenters Ordered That the Committee appointed to prepare and Bring in a Bill for the better Uniting of all His Majesties Protestant Subjects have 〈…〉 bring in One or more Bill or Bills for that purpose Mr. Attorney General being called in and Examined touching the manner of Issuing forth the Proclamation Stiled A Proclamation against Tumultuous Petitions and giving an account to the House that Sir Fran. North Chief Justice of the Court of Common Pleas was advising and assisting in the drawing up and passing of the said Proclamation And a Debate arising in the House thereupon Resolved Nemine Contradicente That the Evidence this day given to this House against Sir Fran North Chief Justice of the Court of common-Common-pleas is a sufficient Ground for this House to proceed upon to an Impeachment against him for high Crimes and misdemeanors Ordered That it be referred to the Committee appointed to examine the proceedings of the Judges in Westminster-Hall to prepare Heads of an Impeachment against the said Sir Francis North and to present the same to the House And the said Committee is to sit de die in diem Ordered That William Rapley Bayliff of Haslemere in the County of Surrey being in Custody of the Serjeant at Arms attending this House be brought to the Bar of this House tomorrow Morning at Ten of the Clock to receive the Censure of the House Jovis 25. die Novem. 1680. Ordered THat a Message be sent to the Lords desiring their Lordships to appoint a Committee to joyn with a Committee of this House for the Adjusting the Methods and Circumstances relating to the Tryals of the Lords in the Tower and that Mr. Treby do go up to the Lords with the said Message A Petition of the Inhabitants of the County of Norfolk against Samuel Verdon Under-Sheriff of the said County for several Crimes and Misdemeanours by him Committed was Head Ordered That a Committee be appointed to Examine the Matters contained in the said Petition to Report the same with their Opinion therein to the House it is Referred to a Committee the same Committee is likewise Impowered to Examine the Abuses Miscarragies and Misdemeanors Committed by all Under-Sheriffs throughout the Kingdom Ordered That the said Samuel Verdon be sent for in Custody of the Serjeant at Arms attending this House to Answer at the Bar of the House for a Notorious Breach of Privilidge by him Committed against this House A Petition of Mr. Thomas Staples being in Custody of the Serjeant at Arms attending this House was Read Ordered That Mr. Staples be called in and do receive the Censure of the House at the Bar upon his Knees from Mr. Speaker and that he be then Discharged paying his Fees which was done accordingly A Message from the Lords by Sir John Coell and Sir Timothy Baldwyn Mr. Speaker The Lords have commanded us to acquaint this House that His Majesty having been Desired to appoint a Time when both Houses should attend Him with an Address for a Fast His Majesty was pleased to return answer That it is His Majesties Pleasure that both Houses do attend Him at Three of the Clock this Afternoon in the Banquetting-House The Articles of Impeachments against Edward Seymour Esq a member of the House being Read Resolved That the Articles be Read One by one and that Mr. Seymour do make his answer to each respective Article in his place which being accordingly done and Mr. Seymour withdrawn The first of the said Articles being Read to the House and a Debate arising in the House thereupon Resolved That the Debate be Adjourned to Ten of the Clock to Morrow Morning The Addresses Humbly presented to His MAJESTY From Both Houses of Parliament for a Day of HUMILIATION with His MAJESTIES Gracious Answer WE Your Majesties most Dutiful and Loyal Subjects the Lords Spiritual and Temporal and Commons in this present Parliament Assembled being deeply sensible of the sad and calamitous condition of this your Majesties Kingdom occasioned chiefly by the impious and horrid Conspiracies of a Popish Party who have not only Plotted and Intended the destruction of Your Majesties Royal Person but the Total Subversion of the Government and true Religion established amongst us and finding the same detestable Machinations still obstinately prosecuted by them as well by somenting divisions amongst your Majesties Loyal Protestant Subjects as all other the most wicked Contrivances notwithstanding the many discoveries thereof by Gods great mercy and wonderful providence lately brought to light all which dreadful Judgments are now impending over us most deservedly for our many and grievous sins and cannot otherwise in humane reason be prevented but by the particular blessing of God upon the Consultations and Endeavours of your great Council now Assembled in Parliament Do in all humility beseech your Majesty that by your Royal Proclamation a Day may be solemnly set apart wherein both our selves and all your Majesties Loyal Subjects may by Fasting and prayers endeavour a Reconciliation with Almighty God and with humble and penitent hearts implore him by his power and goodness to divert those Judgments and defeat the wicked counsels and deivces of our Enemies to Unite the hearts of your loyal Protestant Subjects and to continue his mercy and the light of his Gospel to us and our Posterities and more especially to bestow his abundant blessings on your Sacred Majesty and this present Parliament that our Consultations and
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
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-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
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 Affirmative A Bill for Exporting Leather was Read a Second time and committed The Clerk of the Crown being called in Amended the Return for the Burrough of Eye in the County of Suffolk by taking off the Indenture whereby Sir Charles Gaudy and Sir Robert Reeve were Returned Ordered That the Clerk of the Crown do Attend tomorrow morning to Amend the Return for Rygate in the County of Surrey Colonel Birch Reports from the Committee Appointed to Examine the matter of the Information given to this House by Mr. Peter Norris That the Committee having taken the same into their Consideration had not thought fit to come to any Resolution therein but had Ordered him to Report the matter specialy which was Reported accordingly Ordered That Mr. Sherridon and Mr. Day be forthwith brought in Custody of the Serjeant at Arms to the Bar of this House Ordered That a Committee be Appointed forthwith to search the Papers of the said Mr. Sherridon and Mr. Day and to Report the same to the House A Motion being made to the House That the Matter touching the Election for the City of Glocester be appointed to be heard before the Committee of Elections and Priviledges on the Third day of January next Ordered That the Consideration of this Motion be referred to the Committee of Elections and Priviledges Ordered That the Matter of the Complaint made against Mr. Tyler be referred to the Committee of Priviledges to Examine the same And they are to proceed therein in the first place and make Report thereof to the House Ordered That the further Consideration of the whole Matter upon the said Special Report be Adjourned to Ten of the Clock tomorrow morning Ordered That Mr Sherridon and Mr. Day do severally continue in Custody of the Serjeant at Arms during the pleasure of this House and that no Person be Admitted to câ—me to them but such as shall have occasion to bring them necessaries Veneris 10. die Decemb. 1680. A Bill for Naturalization of Peter Elers and others was Read a Second time Resolved That the said Bill be Committed Ordered That Mr. Heming and Sir William Yorke Members of this House have leave to go into the Country Ordered That the Order of this House made on Wednesday last for Summoning such Members as have absented themselves without the leave of the House to attend within Ten Days That the time be extended to Ten Days from Saturday next The Clerk of the Crown being called in Amended the Return for the Burrough of Rygate in the County of Surry by razing out the Name of Ralph Freeman Esq and inserting the Name of Dean Godwin Esq in the Indenture Mr. Trenchard Reports from the Committee appointed to enquire after all such Persons as have offended against the Right of the Subject to Petition His Majesty for the Sitting of Parliaments That the Committee had agreed upon the following Resolve which he Read in his Place and afterwards delivered it in at the Clerks Table where the same being Read is as followeth viz. Resolved c. That Captain Castle by Obstructing Petitioning to his Majesty for the Sitting of this Parliament hath offended against the Rights of the Subject Resolved c. That this House doth agree with the Committee That Captain Castle by Obstructing Petitioning to His Majesty for the Sitting of this Parliament hath offended against the Rights of the Subjects Ordered That the Committee Appointed to Examine the Proceedings of the Judges in Westminster-Hall and to prepare an Impeachment against Sir Francis North Chief Justice of the Court of Common Pleas for High Crimes and Misdemeanors do make Report to the House of the Matters to them Referred on Monday Morning next Ordered That the Chairman of the Committee appointed to examin the Matter of the Information against Sir Robert Peyton a Member of this House do make Report thereof to Morrow Morning and that Sir Robert Peyton do Attend in his Place at the same time Ordered That the Chairman of the Committee of Elections and Priviledges do make Report of the Matter touching the Election for the Borrough of Agmondesham in the County of Bucks to Morrow morning at Nine of the Clock and the same is to be the first business to be entered upon The House then resumed the Adjourned Debate concerning the Matter of the Information formerly given to the House by Mr. Peter Norris The Matter being Debated in the House and Mr. Secretary Jenkins having given an Account to the House of his proceedings therein And being withdrawn Resolved That the late Imprisonment of Peter Norris at Dover was illegal and that the Proceedings of Sir Leoline Jenkins Knight one of the Principle Secrataries of State by discribing the Person of the said Peter Norris and directing such his Imprisonment was Illegal and Arbitrary and an Obstruction to the Evidence for the Discovery of the Horrid Popish Plot. Ordered That the further Consideration of this Debate be Adjourned to Monday Morning next Sabbati 11 die Decemb. JAmes Raillard did this day take the Oaths of Allegiance and Supremacy at the Clerks Table in Order to his Naturalization Ordered That the Name of the said James Raillard be inserted in the Bill of Naturalization A Bill for Sale of the Mannor of Billingford and other Lands in the County of Norfolk for Payment of the Debts of Sir Edward Chisenhale was Read the First time Resolved c. That the said Bill be Read a Second time in a Full House after Ten of the Clock Ordered That Mr. Austin a Member of this House have leave to go into the Country for Recovery of his Health Ordered That the Bill for Supplying the Laws made against Bankrupts be Read on Tuesday Morning next after Ten of the Clock in a Full House Ordered That Sir Bryan Stapleton a Member of this House have leave to go into the Country A Petition of Captain William Castle being presented to the House Orderd That the said Petition do lie upon the Clerks Table Ordered That Michael Ball in Custody of the Serjeant at Arms be Discharged without paying any Fees Mr. Treby Reports from the Committee of Elections and Priviledges to whom the Matter touching the Election for Agmondesham in the County of Bucks was referred that the Committee having taken the same into their Consideration had agreed upon several Resolves which he read in his Place and afterwards delivered them in at the Clerks Table where the same being Read are as follows uiz Resolved c. That in the Burrough of Agmondesham alias Amersham in the County of Bucks those Inhabitants who onely pay Scott and Lott have right to give Voices in the Election of Burgesses to serve in Parliament for the said Burrough Resolled c. That Algernoon Sidney Esq is not duly Elected a Burgess to serve in this present Parliament for the said Burrough of Agmondesham Resolved c. That Sir William Drake Baronet is not duly Elected a Burgess to serve in this present Parliament for the
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
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