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
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
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
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
out of any Warrant for taking into custody Sir Philip Skippon who made default in attending the House at the Call thereof on Tuesday last Colonel Birch reports from the Committee appointed to receive Informations relating to the Popish Plot in Ireland That the Committee having proceeded upon the Matters to them referred had taken several Examinations and received the Answer of Sir John Davis and had also perused several Informations transmitted from the House of Lords relating to the said Plot all which he Read in his place and afterwards delivered the same in at the Clerks Table where the same were again Read The House then taking into consideration the Message sent from the Lords on Tuesday last wherein they desire the concurrence of this House the House resolved That this House doth agree with the Lords in the said Vote with the addition of these words That the Duke of York being a Papist and the expectation of his coming to the Crown hath given the greatest Countenance and Encouragement thereto as well as to the horrid Popish Piot in this Kingdom of England Resolved That that the said Vote be delivered to the Lords at a Conference Ordered That a Committee be appointed to draw up reasons to be offered at the said Conference Ordered That the several Informations of John Macnamara Maurice Fitz-Gerrald and James Nash this day Read to the House relating to the Irish Plot be forthwith Printed Resolved That Richard Poure Earl of Tyrone in the Kingdom of Ireland be Impeached of high Treason Ordered That the Lord Durseley do go up to the Bar of the Lords and Impeach him of high Treason in the name of this House and of all the Commons of England and do pray that he may be committed to safe custody Ordered That the Committee appointed to prepare the Evidence against the Popish Lords in the Tower do prepare the said Impeachment Ordered That the further consideration of the said Report in relation to Arthur Earl of Anglesey and Sir John Davis be adjourned to Saturday morning next ten of the Clock in a full House Veneris 7. Die Januarii 1680. THe Engrossed Articles of Impeachment of Sir William Scroggs Chief Justice of the Court of Kings-Bench of High Treason and other great Crimes and Misdemeanours being Read the same were carried up to the Lords by the Lord Cavendish Ordered That Mr. Lewknor and Collonel Strangewayes have leave to go into the Countrey for Recovery of their Health A Bill to prevent vexatious Actions was read a first time Resolved That the Bill be read a second time A Bill to prevent Brewers to be Justices of the Peace in the place where they exercise that Trade was read the first time Resolved That the said Bill be read a Second time A Bill to prevent the Simony of one person from prejudicing another was read the first time Resolved That the said Bill be read a second time A Bill for the Bettter discovery of Settlements of Estates for superstitious uses was read a second time Resolved That the Bill be Committed upon the Debate of the House The House being informed that one John Fancourt had lately spoken certain seditious and dangerous words for which he hath been Secured in the City of Lincoln Ordered That it be Referred to the Committee Appointed to receive Informations touching the Popish Plot to Examine the Matter of this Information and to report the same with their Opinions therein to the House The House then according to their Order entered into the Consideration of His Majesties Message sent to this House on Tuesday last Resolved That it is the opinion of this House that there is no security or safety for the Protestant Religion the Kings Life or the well Constituted and Established Government of this Kingdom without passing a Bill for disabling James Duke of Tork to Inherit the Imperial Crown of England and Ireland and the Dominions and Territories thereunto belonging and to rely upon any other Means or Remedies without such a Bill is not only insufficient but dangerous Resolved That His Majestie in His last message having assured this House of his Readiness to concur in all other means for the preservation of the Protestant Religion this House doth declare that untill a Bill be likewise passed for excluding the Duke of Tork this House cannot give any Supply to His Majestie without danger to his Majesties Person extream hazard of the Protestant Religion and unfeithfulness to those by whom this House is intrusted Resolved That all persons who advised his Majestie in his last Message to this House to insist upon an opinion against the Bill for excluding the Duke of York have given pernicious Counsel to His Majestie and are Promoters of Popery and Enemies to the King and Kingdom Resolved That it is the opinion of this House that George Earl of Hallifax is one of the Persons who advised His Majestie in his last Message to this House to insist upon an opinion against the Bill for excluding the Duke of York and hath therein given pernicious Counsel to his Majesty and is a promoter of Popery and an Enemy to the King and Kingdom Resolved That an humble Address be presented to His Majestie to remove Laurence Hide Esq from his Majesties Council and presence and from his Office in the Treasury for ever Resolved That an humble Address be presented to his Majesty to remove Henry Marquis of Worcester from his Presence and Council and all the Offices and Imployments of Honour and profit for ever Resolved That it is the Opinion of this House that Henry Marquis of Worcester is one of the Persons who advised his Majestie in his last Message to this House to insist upon an opinion against the Bill for excluding the Duke of York and hath therein given pernicious Counsel to his Majestie and is a promoter of Popery and an Enemy to the King and Kingdom Resolved That it is the opinion of this House That Henry Earl of Clarendon is one of the persons who Advised his Majesty in His last Message to this House to insist upon an Opinion against the Bill for excluding the Duke of York hath therein given pernicious Council to his Majestie and is a Promoter of Popery and an Enemy to the King and Kingdom Resolved That it is the Opinion of this House that Lewis Earl of Feversham is a promoter of Popery and of the French Interest a dangerous Enemy to the King and Kingdom Resolved That an humble Address be made to his Majestie to remove Lewis Earl of Feversham from all Military Offices and Commands and from all other Publick Offices and Imployments and from His Majesties presence for ever A Motion being made for an Address to His Majesty to remove Edward Seymour Esq from His Majesties Council and Presence Ordered That the Debate thereof be adjourned to Munday morning next Ordered That the Committee Appointed to prepare an Address to His Majesty in Answer to his Majesties Message relating