House of Commons Journal Volume 10: 4 June 1689

Martis, 4 die Junii ; 1° Willielmi et Mariæ.

Prayers.

Militia.

ORDERED, That the Committee to whom it was referred to prepare and bring in a Bill to render the Militia more effectual, be revived: And that it be an Instruction to the said Committee, That they do inspect the Acts touching the Militia; and see wherein they are defective; and how they may be supplied; and make their Report to the House: And that Colonel Sackvill, Sir John Carew, Sir Wm. Honywood, Colonel Whitley, Mr. Brewer, Mr. St. John, Mr. Montague, Sir Matth. Andrews, Colonel Babington, Sir Edw. Harley, Sir John Doyley, be added to the said Committee: And they are to meet this Afternoon, in the Speaker's Chamber, at Four of the Clock; and to sit de die in diem.

Prosecution of Culliford.

A Petition of John Culliford was read; setting forth, That, in 1681, at the Election of the Lord Mayor, the Petitioner used his utmost and legal Endeavours, to prevent Sir John Moore's being chosen to that Office; for which the Petitioner, by Violences, was designed to be taken into Custody, which he prevented, by seasonably withdrawing himself for some time; and that, at the Epiphany Sessions for Southwarke, in 1682, the Grand Jury made a violent Presentment against their dissenting Neighbours; and, to irritate the Minds of People the more against them, did very falsly quote some Passages out of King James the First's Bazilikon Doron; which the Petitioner detecting them of, was, by the Instigation of the aforesaid Jurymen, seized in London, without Warrant, and hurried before one Peirs, then a Justice of the Peace; who, at the Instigation of Eyres the Bailiff, and Page Foreman of the Jury, committed the Petitioner to the Compter Prison there, with Orders to the Keeper, not to permit him to have Pen, Ink, or Paper, nor to speak with any Friend, or to have any Bed, but to be put in a close Hole, where was nothing but the dirty Earth to lie upon; which was executed accordingly; that, the next Sessions, one Seymour brought an Indictment against the Petitioner, found by the aforesaid Grand Jury; and that, in May 1683, the Petitioner was assaulted and seized by one Robert Stevens, and others, who, without Officers or Warrant, hurried him before Sir Wm. Pritchard, who, upon Hill's Accusation, (the late King's Popish Printer) "that the Petitioner should allege the Duke of Yorke, and others, were carrying on a Design to bring these Nations under Popery, and arbitrary Power," committed the Petitioner to Newgate (refusing sufficient Bail); where he was kept close Prisoner, without seeing any Friend for several Days: That afterwards he was indicted at the Old Bayley for the Matters aforesaid: and, by a packed Jury, returned by North and Rich then Sheriffs, found Guilty, without positive Proof: And Judgment was then pronounced against him by Mr. Justice Wythens, to pay Two hundred Pounds Fine, to stand twice in the Pillory, for an Hour, and to be of good Behaviour for Two Years, and Imprisonment till the Judgment satisfied; That the first Day he was kept Two Hours in the Pillory, contrary to the Judgment, when some bloody-minded Persons got up to the Top of the Exchange, and threw from thence a Stone, weighing several Pound; which, missing the Petitioner's Head, broke in several Pieces with the Fall: That the Petitioner, the next Term, was removed, at the Duke of Yorke's Suit, to the King's Bench, charged with an Action of Scandalum Magnatum at One hundred thousand Pounds Damages; which was tried that Term, behind the Petitioner's Back, by the Lord Chief Justice Jeffryes, and a packed Jury, who found the abovesaid Damages against him, without Proof also; with which he was charged in Execution the next Term, and was inhumanly used by the Marshal of the King's Bench, during his Imprisonment, Twice confined, and locked up for Half a Year: and the Room being so close, he had almost lost his Eye-sight; and in the Frosty Weather, was hawled out of his Chamber to a Hole, not above Seven or Eight Foot square, without any Fire-place, loaded with double Irons; and afterwards, thrown into the common Side of the Prison, where he continued near half a Year, lying in a Hole about Five Foot square, and about Three or Four Foot under Ground: Which barbarous Usage had, at several Times, near reached his Life, not having recovered his Health to this Day, having lain near Five Years under such Usage; whereby, and by the Expences therein, he hath been really damnified to several Thousands of Pounds Value; besides the Loss of his Health: And the Petitioner prostrating his Case to the House, and imploring their tender Consideration thereof, and Reparation; and such Relief therein, as to them should seem meet;

Ordered, That it be referred to the Committee, to whom the Petition of Geo. Peake, Esquire, was referred, to examine the Matter of the said Petition, and report the same, with their Opinions, to the House.

Prosecution of Topham, a Serjeant at Arms.

A Petition of John Topham, Esquire, was read; setting forth, That he being a Serjeant at Arms, and attending the House in the Years 1679 and 1680, when several Orders were made, and directed to the Petitioner, for the taking into his Custody the several Persons of Sir Cha. Neale, Sir Hen. Alnot, Dr. John Nalson, Dr. John Hildyard, Edward Brett, Esquire, Thomas Staples, Esquire, Thomas Herbert, Esquire, John Jay, Esquire, Nathanael Reading, Esquire, Sam. Verdon, Richard Blyth, Richard Harneage, Samson Birch, Sir Thomas Whitgrave, John Hutchins, and others, for several Misdemeanors by them committed, in Breach of Privilege of the House, the Petitioner did execute the said Orders, and held the said Persons in Custody, till discharged by the House; and, after that the Commons were dissolved, the said Persons, being resolved to ruin the Petitioner, did, in Hillary Term the 33d or 34th of King Charles, sue the Petitioner in the King's Bench, in several Actions of Trespass, Pattery, and false Imprisonment, for taking and detaining them, as aforesaid: To which Actions the Petitioner pleaded to the Jurisdiction of the Court the said several Orders: But such his Plea was over-ruled, the then Judges ruling the Petitioner to plead in Chief; and, thereupon, he pleaded the Orders in Bar to the Actions: Notwithstanding which Plea, and Orders, the then Judges gave Judgment against him; and, in some of them, excessive Damages given against him, and his Servants: Whereon, to prevent further Prosecutions against him, the Petitioner was forced to comply with his Prosecutors; and what of his own Charge and Damage, in maintaining the Rights of this House, and the necessary Defence of the Suits, and what he paid them that sued him, did really amount to Twelve hundred Pounds, and upwards; besides the publick Affronts and Injuries he often received, for doing his Duty in the Execution of the said Orders: And praying the Consideration of the House upon his Case; and to afford him what Relief they should think fit.

Ordered, That * * * *.

Swaddon's Prosecution.

A Petition Thomas Swaddon, Gentleman, was read; setting forth, That he was a Burgess of Calne in Wiltshire; and there being a Quo Warranto brought against the Borough, one Benedict Browne, confederating with Burtor and Grahme, finding the Petitioner to oppose the Quo Warranto, threatened some of the Burgesses, That the Quo Warranto should fall heavy upon them, unless they would make Oath against Swadden, That he had let his House to a Non-conformist Minister; which, he at last, prevailed on them to do, though they knew the Petitioner had no House at Calne at that time; a little time after, brought down a new Charter, turned out the old Burgesses, and brought in new ones, and made himself Steward, or Head Burgess, though he lived at the Crown Office: And there was one Payle, a Collector of Hearth Money for the Borough, that indicted the Minister, Churchwardens, and Overseers of the said Town, for certifying for several poor People of the Town, who by the Act of Parliament, were exempted from paying Hearth Money, pretending one Chimney was certified free, that was liable to pay: Now Swaddon appearing at the King's Bench, with the other Burgesses, to be discharged of the Recognizance entered into when bound over about the Charter; but Browne then informing the Court, that the Petitioner was a disaffected Person, and a Chief Opposer of the Quo Warranto, which enraged the Lord Chief Justice Jeffryes to sentence the Petitioner, as followeth; To stand in the Pillory before Westminster Hall; at Calne, before his Tenants and Neighbours; and also, at Salisbury; and fined One thousand Pounds, and to be imprisoned till that paid, and good Security for his good Behaviour during Life: Which was accordingly executed on him, being confined Three Years in the common Side of the King's Bench, to his Ruin, so contrived by Browne, Burion, and Grahme, as aforesaid; for that the Ministers and Overseers, that signed the said Certificate, with the Petition, were never questioned about it: Which cost the Petitioner several Hundreds of Pounds for Fees to Burton, and Grahme, and Mr. Burbank, who was Sir Robert Sawyer's Clerk, and Mr. Noell, Clerk to the Managers of Hearth Money, Mr. Burgess Milton and Payse, and Mr. Browne: Which Persons the Petitioner prays may be summoned: And the Petitioner with his Family, being utterly ruined, by being forced to sell one Part, and mortgage the other Part of his Estate; and begging some Reparation out of those plentiful Estates, that the late Lord Jeffryes and Browne have got by regulating Corporations.

Ordered, That it be referred to the Committee, to whom the Petition of Geo. Speake, Esquire, was referred, to examine the Matter of the said Petition; and report the same, with their Opinions, to the House.

Exporting Beer, &c.

An ingrossed Bill for Exportation of Beer, Ale, Mum, and Cyder, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for the Exportation of Beer, Ale, Cyder, and Mum.

Ordered, That Sir Francis Russell do carry up the Bill to the Lords, for their Concurrence.

Preventing Export of Wool.

A Petition of Factors, and others, on Behalf of themselves, and their Principals the Clothiers of England, was read; setting forth, That, by the great Mischiefs of Exportation of Wool into France, and other Parts, the Trade here is mightily decayed, and the French thereby have prohibited all our Woollen Manufactures; and as well that as other Countries are so increased in that Manufacture, as tends to the great Loss in his Majesty's Revenues, the Ruins of Thousands of Families, and Disadvantage of this Kingdom in general: That several of the most notorious Exporters have been apprehended, and bound in Recognizances, to answer the Offences at the next Assizes; and sufficient Proofs against others, when Time shall be convenient to prosecute: But as well they, as others, in hopes of the Grace of a General Act of Indemnity, do persist in the open Exportation of Wool, as though there were no Law to the contrary: And praying the Consideration of the House, on the Heinousness of the Offences; and, if the same go unpunished, the Encouragement it will give to the said Exportation for the future.

Ordered, That the Petition do lie upon the Table, to be taken into Consideration, when the Exceptions to the Bill of Indemnity shall be considered.

Leave of Absence.

Ordered, That Sir Edward Chisnall have Leave to go into the Country, for a Month.

Ordered, That Mr. Rolles have Leave to go into the Country, for Three Weeks.

Orphans of London.

Ordered, That the House do, on Monday Morning next, resolve itself into a Committee of the whole House, to proceed in the further Consideration of the Bill for Relief of the Orphans of London; and nothing to intervene.

Witnesses to attend.

Sir Thomas Littleton acquaints the House, That he was directed by the Committee, to whom it was referred, to inquire who has been the Occasion of the Delays in sending Relief into Ireland, and particularly to Londonderry; and what Default was, in relation to the Provisions that went over with the Soldiers for Ireland; and into the Carriage of Colonel Lundee, Colonel Richards, and Colonel Coningham; and to know the Reason, why the Relief sent to Londonderry was brought back again; and into other Miscarriages relating to Ireland and Londonderry; To move the House, That Matthew Anderton, sen. and Matthew Anderton, jun. may be sent for in Custody, to answer such Things as are objected against them, in relation to the Matters aforesaid.

Ordered, That Matthew Anderton, sen. and Matthew Anderton, jun. be summoned to attend this House forthwith, to answer such Things as shall be objected against them.

Leave of Absence.

Ordered, That Mr. Wortly have Leave to go into the Country, for a Fortnight.

Ordered, That Mr. Prideaux have Leave to go into the Country.

Bill of Indemnity.

The Order for proceeding further in the Consideration of the Heads for the Bill of Indemnity; and also, the Order for the assuming the adjourned Debate, were read.

The Heads of Exceptions formerly resolved, were read.

A Pardon not pleadable in Bar of Impeachment.

A Debate arose, whether a Pardon was pleadable in Bar of an Impeachment in Parliament.

Resolved, That it is the Opinion of this House, That a Pardon is not pleadable in Bar of an Impeachment in Parliament.

Titus Oates.

Ordered, That the Clerk of the Crown of the King's Bench do, on Thursday Morning next, attend this House, with the Records of the Conviction of Titus Oates for Perjury.

Ordered, That Sir Robert Howard, Sir Wm. Williams, Sir Thomas Lee, Mr. Hawles, Sir Thom. Littleton, Sir Christopher Musgrave, Mr. Serjeant Wogan, do inspect the Journals of the House of Lords, in relation to the Proceedings upon the Judgment against Mr. Oates, and make their Report to the House, with all convenient Speed.

Ordered, That the Clerk of the Crown of the King's Bench do, on Thursday Morning next, attend this House, with the Record of the Judgment against Mr. Johnson.

The First Head of Exceptions out of the Bill of Indemnity was read.

Ordered, That Sir Robert Henly and Mr. Aston do attend this House on Friday Morning next, with the Record of the Judgment between Godden and Hales.

The Second Head of Exceptions out of the Bill of Indemnity was read.

Ordered, That the Chief Governor of the Tower, or his Deputy, do attend this House on Friday Morning next, with the original Warrant of Commitment of the Seven Bishops to the Tower last Summer.

Ordered, That the Clerk of the Crown of the King's Bench do attend this House on Friday Morning next, with the Record of, and other the Proceedings relating to, the Trial of the Seven Bishops.

The Third Head of Exceptions out of the Bill of Indemnity was read.

The Five Commissions under the Great Seal, for constituting Commissioners for Ecclesiastical Causes, were read: viz.

A Commission, dated the 15th of July, 2° Jacobi II^di. unto William Archbishop of Canterbury, George Lord Jeffryes Lord Chancellor, Lawrence Earl of Rochester, Robert Earl of Sunderland, Nathanael Bishop of Durham, Thomas Lord Bishop of Rochester, Sir Edw. Herbert Chief Justice of the Common Pleas.

A Commission, dated the 22th of November, 2°Jac. II^di. unto George Lord Jeffryes Lord Chancellor, Lawrence Earl of Rochester Lord Treasurer, Robert Earl of Sunderland President of the Council, John Earl of Mulgrave Chamberlain of the Houshold, Nathanael Lord Bishop of Durham, Thomas Lord Bishop of Rochester, Sir Edw. Herbert Chief Justice of the Common Pleas.

A Commission, dated 12 Jan. 2 Jac. II. unto George Lord Jeffryes Lord Chancellor, Robert Earl of Sunderland Lord President of the Council, John Earl of Mulgrave Lord Chamberlain of the Houshold, Theophilus Earl Huntington, Nathanael Lord Bishop of Durham, Tho. Lord Bishop of Rochester, Sir Edw. Herbert Lord Chief Justice of the Common Pleas.

A Commission, dated the 5th of May 3 Jac. II. unto George Lord Jeffryes Lord Chancellor, Robert Earl of Sunderland Lord President of the Council, John Earl Mulgrave Lord Chamberlain of the Houshold, Theophilus Earl of Huntington, Nathanael Lord Bishop of Durham, Tho. Lord Bishop of Rochester, Sir Edw. Herbert Lord Chief Justice of the Common Pleas.

A Commission dated 14th October 3°Jac. II^di. unto George Lord Jeffryes Lord Chancellor, Robert Earl of Sunderland Lord President of the Council, John Earl Mulgrave, Lord Chamberlain of the Houshold, Theophilus Earl Huntington, Nathanael Lord Bishop of Durham, Tho. Lord Bishop of Rochester, Sir Robert Wright, Lord Chief Justice of the King's Bench, Sir Edw. Herbert, Lord Chief Justice of the Common Pleas, Sir Thomas Jenner, one of the Barons of the Exchequer.

Ordered, That the further Consideration of the Bill of the Head of Exceptions, in the Bill of Indemnity, be proceeded upon on Saturday next.

Hastings Writ.

Ordered, That Mr. Speaker do grant his Writ to the Clerk of the Crown, to issue out a new Writ, for the Electing of a Baron to serve in this present Parliament for the Port of Hastings, in the room of John Ashburnham, Esquire, called up to the House of Peers.

A Message from the Lords, by Sir Miles Cooke and Sir Adam Ottley;

Earl of Peterborough's Estate.

Mr. Speaker, The Lords have passed a Bill, intituled An Act to make good a Recovery suffered by the Earl of Peterborough and Lord Mordant: to which they desire the Concurrence of this House: Also,

Astley's, &c. Nat.

We are commanded by the Lords, to acquaint this House, That they have passed the Bill for Naturalizing Anne Astley, and others, without any Alteration: And also,

Soley's Estate.

That they have passed the Bill for the better assuring the Manors of Silton, and divers other Lands and Tenements in Silton in the County of Salop unto Joseph Soley Gentleman, and his Heirs, without any Alteration.

And then the Messengers withdrew.

Call of the House.

Ordered, That the Call-over of the House be adjourned till Saturday next come Sevennight.

Ordered, That all such Members of this House, as shall be absent, and do not attend, at the Call of the House, be sent for in Custody of the Serjeant at Arms attending the House.

New Windsor Election.

A Petition of Samuel Starkey, Esquire, was read; setting forth, That he lately stood in Competition with Sir Algernoon May to serve as One of the Burgesses in this present Parliament for the Borough of New Windsor in the County of Berks; and that the Majority of Electors in that Borough were for the Petitioner; but that yet the Mayor had unduely returned Sir Algernoon May: And praying Relief therein.

Ordered, That the Petition be referred to the Committee of Privileges and Elections, to examine the Matter thereof; and report the same, with their Opinions, to the House.

Petition relating to a Member.

Colonel Birch informing the House, That he had a Petition delivered to him to present to the House, wherein Sir Edward Hungerford, a Member of the House, is concerned.

Ordered, That Sir Edward Hungerford be summoned to attend in his Place in the House, on Thursday next.

And then the House adjourned till Thursday Morning, Nine of the Clock.