having taken the same into their consideration had agreed upon two Resolves which he read in his place and afterwards delivered them in at the Clerks Table where the same being read are as follow viz. Resolved c. That Arthur Acland Esq is not duly Elected a Burgess to serve in this present Parliament for the Borough of Barnstaple in the County of Devon Resolved c. That Rich Lee Esq is duly Elected a Burgess to serve in this present Parliament for the Borough of Barnstaple To which Resolves the House agreed Mr. Treby farther acquaints the House with several Misdemeanours committed by John Fairchild late Mayor of the said Borough at the said Election Ordered That the said John Fairchild be sent for in custody of the Serjeant at Arms attending this House to answer at the Bar of this House for the Misdemeanours by him committed at the said Election Mr. Treby reports from the Committee of Elections and Priviledges to whom the Matter of the Election for the Borough of Marlborough in the County of Wilts was referred That the Committee having taken the same into their consideration had agreed upon two Resolves which he read in his place and afterwards delivered them in at the Clerks Table where the fame being read are as follow viz. Resolved c. That Tho Lord Bruce is duly Elected a Burgess to serve in this present Parliament for the Borough of Marlborough in the County of Wilts Resolved c. That Tho Bennett Esq is duly Elected a Burgess to serve in this present Parliament for the said Borough of Marlborough To which Resolves the House agreed The Report from the Committee appointed to examine the Matters of complaint against Rich Thompson Clerk being read at the Clerks Table and the Matters being debated in the House Resolved Nemine contradicente That Richard Thompson Clerk has publickly defamed His Sacred Majesty preached Sedition villified the Reformation promoted Popery by asserting Popish Principles decrying the Popish Plot and turning the same upon the Protestants and endeavoured to subvert the Liberty and Property of the Subject and the Rights and Priviledges of Parliament and that he is a scandal and reproach to his Function Resolved c. That the said Rich Thompson be impeached upon the said Report and Resolution Ordered That a Committee be appointed to prepare the said Impeachment Ordered That the said Report and Resolution of this House thereupon be forthwith printed A Bill for exempting his Majesties Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws was read a second time Resolved c. That the said Bill be committed upon the Debate of the House to the Committee to whom the Bill for Uniting of His Majesties Protestant Subjects is committed upon the Debate of the House A Bill for Banishing Papists out of the King's Dominions was read a second time Resolved c. That the Bill be committed upon the Debate of the House Then the House adjourned to Thursday the 30 of this instant December Jovis 30 die Decemb 1680. THE Clerk of the Crown being called in amended the Return for Barnstaple in the County of Devon by razing out the Name of Arthur Ackland and inferting the Name of Rich Lee Esq in the Indenture Ordered That Mr. Thistlethwayte a Member of this House have leave to go into the Countrey A Petition of William Townsend was read Ordered That it be referred to the Committee appointed to receive complaints against the Proceedings of Ecclesiastical Courts to Examine the Matter of the said Petition and to report the same with their Opinions therein to the House Sir George Downing reports from the Committee to whom the Bill for the better Encouragement of the Woollen Manufacture of England by the general wearing thereof was committed That they had agreed to several Amendments to be made to the Bill which he read in his place and afterwards delivered them in at the Clerks Table where the same being read were upon the Question severally agreed to by the House The Question being proposed that the said Bill and Amendments be Engrossed And a Debate arising in the House thereupon Resolved c. That the Debate be Adjourned to this Day Fortnight Ordered That the Grand Committee of Trade do sit on next Saturday seven-night Ordered That the Committee appointed to prepare Evidence against the Lords in the Tower do look into the Evidence against the Four Popish Lords in the Tower and do report their Opinions to the House in order to the further directions and proceedings of the House against them Ordered That an humble application be made to His Majesty from this House by such Members thereof as are of His Majesties most Honourable Privy Council to desire His Majesty to give Orders That the Information and Evidence given by Mr. Serjeant and others before His Majesty in Council in the Case of John Gavan Executed for High Treason And also all other Evidences Informations Writings Letters and Papers delivered in to the Council relating to the Popish Plot may be communicated to this House Resolved That the several Writings Papers and Proceedings relating to such Members of the late Long Parliament who received allowances out of the Monies appointed for secret Service be produced to this House Resolved Nemine contradicente That no Member of this House shall accept of any Office or place of Profit from the Crown without the Leave of this House or any promise of any such Office or place of Profit during such time as he shall continue Member of this House Resolved That all Offenders herein shall be Expelled this House Ordered That the Bill for the better Discovery of Settlements of Estates for superstitious Uses be read to Morrow morning the first Business The Resolutions of the House of Commons for the Impeachment of Sir William Scroggs Knt. Chief Justice of the Court of King's-Bench Sir Thomas Jones Knight one of the Justices of the same Court Sir Richard Weston Knight one of the Barons of the Court of Exchequer Vpon the report of the Committee of the Commons Appointed to Examine the Proceedings of the Judges in Westminster-Hall and to Report the same with their opinions therein to the House and also upon the RESOLVES and VOTES of the Commons in Parliament upon that Report relating to the Arbitrary and Illegal proceedings of the said Judges Thursday 23d of December 1680. THis Committee being informed that in Trinity-Term last the Court of Kings-Bench discharg'd the Grand Jury that served for the Hundred of Ossulston in the County of Middlesex in a very unusual manner proceeded to enquire into the same and found by the Information of Charles Vmfrevill Esq Foreman of the said Jury Edward Proby Henry Gerard and John Smith Gentlemen also of the said Jury That on the 21th of June last the Constables attending the said Jury were found defective in not presenting the Papists as they ought and thereupon were Ordered by the said Jury to make
to the Judgment of this House The Resolutions of the House of Commons upon the said Report 1. THat it is the Opinion of this House That the Discharging of the Grand Jury of the Hundred of Oswaldston in the County of Middelsex by the Court of Kings Bench in Trinity Term last before the last day of the Term before they had finished their Presentments was Arbitrary and Illegal destructive to publick Justice a manifest violation of the Oaths of the Judges of that Court a means to subvert the Fundamental Laws of this Kingdom and to Introduce Popery 2. THat it is the Opinion of this House That the Rule made by the Court of Kings Bench in Trinity Term last against Printing of a Book called The Weekly Pacquet of Advice from Rome is Illegal and Arbitrary thereby usurping to themselves Legislative Power to the great discouragement of the Protestants and for the countenancing of Popery 3. THat it is the Opinion of this House That the Court of Kings Bench in the Imposition of Fines on Offenders of late years have acted Arbitrarily Illegally and Partially favouring Papists and persons Popishly affected and excessively oppressing His Majesties Protestant Subjects 4. THat it is the Opinion of this House That the resusing sufficient Bail in these Cases wherein the persons committed were Bailable by Law was Illegal and a high breach of the Liberties of the Subject 5. THat it is the Opinion of this House That the said expressions in the Charge given by the said Baron Weston were a Scandal to the Reformation and tending to raise discord between His Majesty and His Subjects and to the Subversion of the Ancient Constitution of Parliaments and of the Government of this Kingdom 6. THat it is the Opinion of this House That the said Warrants are Arbitrary and Illegal The Resolutions of the Commons for the Impeachment of the said Judges Resolved THat Sir William Scroggs Knight Chief Justice of the Court of Kings Bench be Impeached upon the said Report and the Refolutions of the House thereupon Resolved That Sir Thomas Jones one of the Justices of the said Court of Kings-Bench be Impeached upon the said Report and Resolutions of the House thereupon Resolved That Sir Richard Weston one of the Barons of the Court of Exchequer be Impeached upon the said Report and Resolutions of the House thereupon Ordered That the Committee appointed to prepare an Impeachment against Sir Francis North Chief Justice of the Court of Common-Pleas do prepare Impeachments against the said Sir William Scroggs Sir Thomas Jones and Sir Richard Weston upon the said Report and Resolutions Ordered That the said Report and several Resolutions of this House thereupon be Printed and that Mr. Speaker take care in the Printing thereof apart from this days other Votes Veneris 31 die Decemb. 1680. A Bill prohibiting the Importation of forein Guns was read a second time The Question being put that the Bill be committed It passed in the Negative Resolved That the Bill be rejected Ordered That leave be given to bring in a Bill for regulating the Abuses in making of Casks Barrels and other Vessels Ordered That a Committee be appoinied to peruse the Laws relating to Weights and Measures and to report their opinions therein to the House and to bring in a Bill or Bills for the better regulating and ascertaining the same Ordered That leave be given to bring in a Bill for a general Naturalization of Alien Protestants and allowing them liberty to exercise their Trades in all Corporations A Bill for the Relief of the Subject against Arbitrary Fines was read a second time Resolved The the Bill be committed Mr. Hyde acquaints the House that His Majestie according to the order of the House having been attended by such Members of this House as are of His Majesties most Honourable Privy Council desiring His Majestie to give Orders that such Evidence and Informations as were given in to the Council by Mr. Serjeant and others in the Case of John Gavan executed for High Treason and for all other Evidences Papers Writings Letters and Informations delivered into the Council relating to the Popish Plot might be communicated to this House His Majestie was pleased to declare his Commands that the same should be delivered accordingly And further acquainted the House That Sir John Nicholas one of the Clerks of the Council had assured him that all the said Papers were already transmitted to the House of Lords And then the House Adjourned to Munday Morning eight of the Clock The REPORT from the Committee of the Commons in Parliament appointed by the Honourable House of Commons to consider the Petition of Richard Thompson of Bristol Clerk and to Examine Complaints against him And the RESOLUTION of the Commons in Parliament upon this REPORT for his Impeachment of HIGH Crimes and Misdemeanors At the Committee appointed to take into Consideration the Petition of Rich. Thompson Clerk and to examine the complaints against him Friday Decemb. 24. 1680. In the first place THE Committee read unto the said Thomson the Heads of Complaint against him Which for the most part he denying desired to have his Accusers brought Face to Face Whereupon the Committee proceeded to the Examination of Witnesses to prove the said Complaint The first Witness Examined saith That there being a great noise and rumor that Mr. Thompson had prepared a Sermon to be Preached on the Thirtieth of January 1679. the said Witness went to the said Sermon and did hear Mr. Thompson publikly declare That the Presbyterians were such Persons as the very Devil Blush't at them and that the Villain Hamden grudged and made it more Scruple of Conscience to give Twenty Shillings to the King for supplying his Necessities by Ship-Money and Loan which was His Right by Law than to raise Rebellion against Him And that the Presbyterians are worse and far more Intolerable than either Priests or Jesuits The second saith That hearing a great Talk Noise spread of a Sermon to be Preached by Mr. Thompson on the 30th of January 1679. was minded to hear the same and accordingly did at which he writ some Notes amongst which he saith That Mr. Thompson openly Preached that the Devil Blush't at the Presbyterians and that the Villain Hamden grudged more to give the King 20 Shillings which was His just due by Law Ship-Money and Loan than to raise Rebellion against Him and that a Presbyterian-Brother qua talis was as great a Traytor by the Statute as any Priest or Jesuite whatsoever That he heard that Mr. Thompson said that he hoped the Presbyterians would be pulled out of their Houses and the Jayles 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
bring in a Bill for continuing of two Acts One to prevent the Planting of Tobacco in England and Regulating the Plantation Trade The Other for Exporting of Beer Ale and Mum. A Bill to the same purpose being presented to the House was Read the First time Resolved That the Bill be Read a Second time Resolved That a Committee be appointed to prepare a further Address to His Majesty upon the Debate of the House humbly to desire His Majesty to Pardon and Remit the Fine set upon Benjamin Harris for which he continues in Prison Mr. Sachaverel Reports from the Committee to whom it was referred to prepare and bring in a Bill for the Repeal of One Act made in the 35th Year of the Reign of Queen Elizabeth ch 1. A Bill agreed upon by the Committee which he delivered in at the Clerks Table The Bill being Read the First time Resolved That the Bill be Read a Second time to Morrow morning Sir Francis Russel Reports from the Committee Appointed to draw up an humble Address to his Majesty to desire his Majesty to appoint a day for a Solemn Fast and Humiliation to be kept throughout the Kingdom An Address agreed on 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 Resolved That the Lords Concurrence be desired to the said Address And that Sir Francis Russed do attend the Lords with the same and desire their concurrence A Petition of Ann Bedlow Widdow and Relict of Captain William Bedlow Deceased was Read Resolved 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 take into His consideration the condition of the said Mrs. Bedlow and to grant her some Allowance for her Subsistence Sir Francis Russel acquaints the House That in pursuance of the Order of the House he had attend the Lords with the Address and that their Lordships returned Answer That they had taken the said Address into their Consideration and had agreed to it according to the desire of this House Ordered That Mr. Attorney General be desired to attend this House to Morrow Morning to give the House an Account touching the Proclamation Stiled A Proclamation against Tumultuous Petitioning Several Persons that served upon the Grand Jury for the County of Middlesex in Trinity Term last being called in gave an Account to the House of the manner of the Proceedings of the Court of Kings-Bench in Discharging the said Grand Jury Several Persons being called in gave an Account at the Bar of the House touching the charge given by Mr. Baron Weston at the last Summer Asslizes held at Kingston upon Thames for the County of Surrey and a Debate arising in the House upon the whole matter Resolved Nemine Contradicente That the Discharging of a Grand Jury by any Judge before the end of the Term Assizes or Sessions whilst matters are under their consideration and not presented is Arbitrary Illegal Destructive to Publick Justice a manifest Violation of his Oath and is a means to Subvert the Fundamental Laws of this Kingdom Resolved Nemine Contradicente That a Committee be appointed to Examine the Proceedings of the Judges in Westminster-Hall and Report the same with their Opinions therein to this House Sir Edward Deering Acquaints the House That His Majesty having referred the Condition and Circumstances of the several Witnesses relating to the Popish Plot in Ireland to the consideration of the Lords Commissioners of the Treasury and that the Commissioners were not as yet informed of the Names Number and Conditions of the said several Persons desired the Direction of the House therein Ordered That Mr. Hethrington do Attend Mr. Speaker and do communicate to him the Names and Condition of the said Witnesses The Address of the Commons in Parliament to His Majesty to Remove Sir George Geffreys Out of all Publick Offices WE your Majesties most Dutiful and Loyal Subjects the Commons in Parliament Assembled having received a Complaint against Sir George Jeflreys Knight your Majesties Chief Justice of Chester and heard the Evidence concerning the same and also what he did alledge and prove in his Defence And being thereupon fully satisfied that the said Sir George Jeffreys well knowing that many of your Loyal Protestant Subjects and particularly those of your Great and Famous City of London out of Zeal for the Preservation of the Protestant Religion your Majesties Royal Person and Government and in hopes to bring the Popish Conspirators to speedy Justice were about to Petition to your Majesty in an Humble Dutiful and Legal way for the sitting of this Parliament the said Sir George Jeffreys not regarding his Duty to your Majesty or the welfare of your People did on purpose to serve his own private Ends and to create a Misunderstanding between your Majesty and your Good Subjects though disguised with pretence of service to your Majesty maliciously declared such petitioning sometimes to be Tumultuous Seditious and Illegal and at other times did presume publickly to insinuate and assert as if your Majesty would deprive your Citizens of London of their Charters and divers other Priviledges Immunities and Advantages and also of your Royal Favour in case they should so petition and also did publickly declare that in case they should so petition there should not be any Meeting or Sitting of Parliament thereby traducing your Majesty as if you would not pursue your Gracious Intentions the rather because they were grateful to your good Subjects do in most humble manner beseech your Majesty to remove the said Sir George Jeffreys out of the said Place of Chief Justice of Chester and out of all other Publick Offices and Employments under your Majesty His Majesty by Mr. Secretary Jenkins was pleased to return Answer to this Address That he would consider of it Mercurii 24. die Novemb. 1680. Ordered THat George Bell of Carlisle in the County of Cumberland Attorney at Law be sent for in Custody of the Serjeant at Arms attending this House to answer at the Bar of the House for a breach of Priviledge by him committed against Sir Richard Grahme a Member of this House Ordered That Arthur Yeomans of Cardisse in the County of Glamorgan be sent for in Custody of the Serjeant at Arms attending this House to answer at the Bar of this House for a Notorious Breach of Priviledge by him committed against this House Ordered That William Jordan of Gloucester be sent for in Custody of the Serjeant at Arms to answer at the Bar of this House for a Notorious Breach of Priviledge by him Committed against this House Ordered That John Laws be sent for in Custody of the Serjeant at Arms to answer at the Bar for a Breach of Priviledge by him Committed against this House Ordered That Mr. Henry Alnett be sent for in Custody of the
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