House of Commons Journal Volume 9: 15 January 1674

Jovis, 15 die Januarii, 1673.

Answer to Petition for a Fast.

MR. Speaker reports, That in Obedience to the Commands of this House, he had attended his Majesty: And that the Lord Keeper having read the Petition of both Houses to his Majesty, he was pleased to return this Answer;

That he would forthwith issue out his Orders for a Fast to be observed in London, and other Places of the Kingdom.

Lord Obrian's Petition.

A Petition of Henry Lord Obrian, on Behalf of himself, and of the Lady Catherine his Wife, being read;

Resolved, &c. That a Committee be appointed to examine the Matter of the said Petition, and report the Matter of Fact, together with their Opinions therein, to the House: And it is referred to Sir Thom. Clergis, Sir Thom. Meeres, Sir Thom. Dolman, Sir Hen. Capell, Sir Robert Dillington, Mr. Powle, Sir Trevor Williams, Sir Lionell Walden, Mr. Morgan, Sir Christ. Musgrave, Sir Edw. Mansell, Sir Winston Churchill, Sir Anth. Irby, Sir John Newton, Mr. Sawyer, Lord Aungier, Mr. King, Sir Rich. Francklyn, Mr. Pierpoint, Sir Phil. Harcourt, or any Three of them: And they are to meet To-morrow, at Three of the Clock in the Afternoon, in the Speaker's Chamber.

Bewdley Election.

A Petition of Henry Herbert Esquire; complaining of an undue Return made by the Bailiff of the Borough of Bewdley, to serve for the said Borough, in Prejudice of your Petitioner; who was duly elected for that Place, and ought to have been returned.

Ordered, That it be referred to the Committee of Elections and Privileges, to examine the Matter of the Petition; and report the State of the Case, with their Opinions therein, to the House.

Writs of Habeas Corpus.

Ordered, That Leave be given to the Lord St. Johns to bring in a Bill concerning Writs of Habeas Corpus's for Relief of Persons injuriously detained in Prison.

Impeachment of Earl Arlington.

Several Articles of treasonable and other Crimes of High Misdemeanor, against the Earl of Arlington, principal Secretary of State, being opened, and presented to the House, and afterwards delivered in at the Clerk's Table, and there read, which are as followeth, viz.

Articles of treasonable and other Crimes of High Misdemeanor against the Earl of Arlington, principal Secretary of State.

THAT the said Earl hath been a constant, and most vehement Promoter of Popery and Popish Counsels;

1. By procuring Commissions for all the Papists lately in Command, who made their Application to him, as a known Favourer of that Faction; there being not one Commission signed by the other Secretary; many of which Commissions were procured and signed by him, since the several Addresses of the Two Houses of Parliament to his Majesty, and the passing the late Act against Popery;

2. By procuring his Majesty's Letter, commanding Irish Papists and Rebels to be let into Corporations, and admitted into the Commissions of the Peace, and other Offices of Trust Military and Civil, contrary to the established Laws and Constitutions of that Realm, to the great Terror of the King's Protestant Subjects there:

3. By not only setting up and supporting the aforesaid Papists there, but bringing the most violent and fiercest of them to command Companies and Regiments of the King's English Subjects here, to the great Dishonour and Danger of this Kingdom:

4. By openly and avowedly entertaining and lodging in his Family a Popish Priest, contrary to the known Laws of the Land; which said Priest was a noted Solicitor and Promoter of the Popish Faction, and has since fled out of this Kingdom:

5. By procuring Pensions, in other Men's Names, for Papist Officers, contrary to, and in Illusion of the late Act of Parliament:

6. By obtaining several Grants of considerable Sums of Money, to be charged upon the Revenue of Ireland, for the most violent and pernicious Papists there; particularly Two thousand Pounds for one Colonel Fitz Patrick, a notorious Irish Rebel, whose Mother was hanged in the late War, for murdering several English, and making Candles of their Fat; this Grant being procured for the said Fitz Patrick at a Time when he was accused to the Lord Arlington of high Crimes, by the now Lord Lieutenant of Ireland:

7. By procuring his Majesty to release to several Irish Papists (some whereof were deeply engaged in the horrid Rebellion of that Kingdom) the Chiefries or Head Rents reserved to the Crown, out of the forfeited Estates of Papists there, being a principal Part of his Majesty's Revenue in that Kingdom.

IIdly, That the said Earl hath been guilty of many and undue Practices, to promote his own Greatness; and hath embezzled and wasted the Treasure of this Nation;

Impeachment of Earl Arlington.

1. By procuring vast and exhorbitant Grants for himself, both in England and Ireland, breaking into the Settlement of that Kingdom, and dispossessing several English Adventurers and Soldiers of their Properties and Freeholds, in which they were duly and legally stated, without any Colour of Reason, or Suggestion of Right:

2. By charging excessive and almost incredible Sums for false and deceitful Intelligence:

3. By procuring his Majesty's Hand for the giving away, between his first Entrance into his Office, the Value of Three Millions of Sterling Money, at the least; the several Grants whereof are extant, countersigned by him, and by him only.

4. That the said Earl, presuming to trample upon all Estates and Degrees of the Subjects of this Realm, the better to subdue them to his Will and Pleasure, hath causelessly and illegally imprisoned many of his Majesty's his Life, Subjects.

5. That he did procure a principal Peer of this Realm to be unjustly imprisoned, and to be proclaimed Traytor, without any Legal Proceeding or Trial; and did maliciously suborn false Witnesses, with Money, to take away his Life, upon Pretence of treasonable Words.

That the said Earl hath falsely and traiterously betrayed the great Trust reposed in him, by his Majesty, as Counsellor and principal Secretary of State;

1. By entertaining a more than usual Intimacy with the French Ambassador; not only lodging him in his House, but letting him into the King's most secret Councils:

2. By altering in private, and singly by himself, several solemn Determinations of his Majesty's Councils:

3. By procuring a Stranger to have the chief Command of the late raised Army, for Invasion of Holland, to the great Dishonour and Discouragement of all the loyal Nobility and Gentry of this Nation:

4. By advising his Majesty to admit of a Squadron of French Ships to be joined with our English Fleet; the sad Consequences whereof we have since felt, notwithstanding the King of France had agreed to send a Supply of Money, in order to have the Fleet wholly English.

5. Whereas the King was advised by several of his Council to press the French King to desist from making any further Progress in his Conquest of the inland Towns of Holland, whereof England was to have no Benefit, and to turn his Arms upon those Maritime Towns that were by the Treaty to have been ours, his Lordship gave the King Counsel to desist; whereby that part of our Expectation was wholly frustrate.

6. Whereas the King was advised, by several of his Council, not to enter into this War, till his Majesty was out of Debt, and had advised with his Parliament, his Lordship was of Opinion to the contrary, and gave his Advice accordingly.

7. When the French Ships were dispersed after the late Fight at Sea, and had lost all their Anchors and Cables, by reason of the foul Weather that then ensued, he persuaded his Majesty to send them Fourscore Cables and Anchors; although it was then objected, and he knew it to be true, That his Majesty had not, at that present Time, any more in his Stores to supply his own Ships, in case of like Necessity.

8. He hath traiterously corresponded with the King's Enemies, beyond the Seas, and contrary to the Trust reposed in him, hath given Intelligence to them.

The Earl desires to be heard.

A Letter being sent by the Earl of Arlington, directed to Mr. Speaker, to be communicated to the House, and delivered to Mr. Speaker, and by him read; which Letter is as followeth:

Mr. Speaker,

Hearing the honourable House of Commons are informing themselves of Publick Affairs; wherein, I humbly conceive, what I can say may be of Use and Satisfaction to them, I beseech you to do me the Favour, by the Means of this House, to obtain Leave for me to be heard by the honourable House. I am,

Your humble Servant,

Jan.15.73

His Examination.

Thereupon several Questions being agreed by the House to be proposed to his Lordship; which are as followeth:

1. Whether any Person have at any Time declared to him any of their Advices, or ill Purposes, against the Liberty of this House, or propounded any Ways to him for altering our Government; and if they did, What was that Advice, and by Whom.

2. By whose Advice the Army was raised, and Papists set to officer them.

3. Whether he knows, that any have advised to make use of the Army to awe the Debates and Resolutions of this House.

4. By whose Counsel and Ministry the Triple League was made;

5. And the First Treaty with France, whereby it was broken, and the Articles thereof:

6. And the Orders of Assignment, and Credit of the Exchequer, broken and destroyed:

7. And the Declaration about Matters of Religion made:

8. And the Smirna Fleet fallen upon, before War declared:

9. And the Second Treaty with the French King, of Utrecht, and the Articles thereof:

10. And by whose Counsels the War was made, without Advice of Parliament, and the Parliament thereupon prorogued.

11. By whose Advice the Parliament was prorogued the 4th of November last.

His Lordship being called in; and the several Questions agreed to, being proposed to him by Mr. Speaker; and he having given his Answer;

And being withdrawn; and the Matter debated;

Resolved, That the further Debate concerning the Lord Arlington be adjourned till To-morrow, Ten of the Clock.

Dr. Stillingfleete thanked.

Ordered, That the Thanks of this House be returned to Dr. Stillingfleete, for his Sermon preached on the 5th Day of November last, at St. Margarett's Westminster, in pursuance of the Desire of this House; and that Sir John Mounson and Mr. Stockdale do give him Thanks accordingly.

And then the House adjourned till To-morrow Morning, Nine of the Clock.