House of Commons Journal Volume 10: 18 June 1689

Martis, 18 die Junii; 1° Willielmi et Mariæ, Anno Domini 1689.

Prayers.

Recovery of Tythes.

MR. Christy reports from the Committee, to whom the Bill for the more easy Recovery of small Tythes was referred, That they had thought fit to make several Amendments, and to add several Clauses to the Bill: Which he read in his Place, with the Coherence; and afterward, delivered the same in at the Clerk's Table: Where the same were once read throughout; and afterwards, a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

Ordered, That the Bill, so amended, be ingrossed.

Leave of Absence.

Ordered, That Sir John Cordell have Leave to go into the Country, for a Fortnight.

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

Ordered, That Sir Michael Wentworth have Leave to go into the Country, for Six Weeks.

Earl of Peterborough's Estate.

Mr. Hamden reports from the Committee, to whom the ingrossed Bill, sent down from the Lords, intituled, An Act to make good a Recovery suffered by the Earl of Peterborough and Lord Mordant, was referred, That the Committee had considered of the Bill; and did not think fit to make any Amendments therein.

Resolved, That the Bill be now read a Third time.

The Bill was read the Third time.

Resolved, That the Bill do pass.

Ordered, That Mr. Hampden do carry up the Bill to the Lords; and acquaint them with the Concurrence of this House thereunto, without any Alteration.

Supply Bill.

Resolved, That the ingrossed Bill, intituled, An Act for a Grant to their Majesties of an Aid of Twelve-pence in the Pound for One Year, for the necessary Defence of their Realms, be now sent up to the Lords for their Concurrence.

Ordered, That Mr. Hampden do carry up the Bill accordingly.

Irish Affairs.

Ordered, That the Committee appointed to inquire into the Miscarriages relating to Londonderry, be revived; and do sit this Afternoon.

Publick Bills depending.

Mr. Grey reports from the Committee, to whom it was referred, to consider what publick Bills were depending before the House, That, they had considered thereof accordingly; and agreed upon a Report to be made thereof: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was read, and is as followeth; viz.

A Bill for repealing the Act of Governing Corporations.

A Bill for regulating Elections.

A Bill for declaring the Rights of the Subject, and settling the Succession of the Crown.

A Bill from the Lords, for Regulating of Trials.

A Bill to prevent the Exportation of Wool.

A Bill for restoring Corporations.

A Bill for licensing Hackney Coaches.

Two Bills from Comprehension.

A Bill from the Lords, to enable Lords Commissioners of the Great Seal to execute the Office of Lord Chancellor and Lord Keeper.

A Bill for Relief of poor Prisoners.

A Bill to encourage the Woollen Manufacture.

A Bill of Indemnity.

Bills for ordering and rendering the Militia more useful.

A Bill for settling Measures for Corn, &c.

A Bill for the Relief of the Orphans of London.

A Bill for the more easy Recovery of small Tythes.

A Bill to make void Gifts and Grants to Papists.

A Bill touching Bankrupts.

A Bill for an additional Excise upon Beer, &c.

A Bill for laying a Tax upon Ground Rents upon new Foundations

A Bill to exempt Sea Officers from Penalties.

A Bill for appropriating the Forfeitures of Five hundred Pounds to the publick Use.

A Bill to repeal the Statute of 5° Hen. IV. against Multiplying of Gold and Silver.

A Bill from the Lords, to vest in the Two Universities Presentations to Benefices belonging to Papists.

A Bill for the Relief of the Irish Clergy.

A Bill from the Lords, for the Administration of Oaths to Land Officers above Twenty Miles distant from London.

A Bill for a further Custom upon Tea and Coffee.

A Bill for the Regulation of the Aulnage.

Message from Lords.

A Message from the Lords, by Sir Miles Cooke and Sir John Hoskyns;

Mr. Speaker, The Lords have agreed upon an Address to his Majesty: To which they desire the Concurrence of the House.

And the Messengers withdrew.

The Address was read; and is as followeth;

Address respecting Isles of Wight, Guernsey, &c.-and removing Papists.

WE Your Majesty's most loyal and dutiful Subjects the Lords Spiritual and Temporal, and Commons, in Parliament assembled, having taken into our Consideration the great Importance the Isles of Wight, Guernsey, and Jersey, are to Your Majesty's Dominions, and the great Danger to which they are exposed during this War with France, do in most humble Manner represent to Your Majesty, That we are informed that the Isle of Wight may be put into a Posture of Defence in a small Time, and with a small Charge. And we do humbly desire Your Majesty would be pleased to send with all Expedition, a Supply of Troops, Provisions, and Stores, to all these Places; and particularly to order some Men of War to Guernsey and Jersey, that may constantly attend there for the better Defence of those Islands; and likewise to give such further Orders for the Security of the Isles of Mann, Scilly, and Anglesey, and of the Cinque Ports, Milford, Pendenmis, and Falmouth, and all other Places, that lie opposite to France and Ireland, as Your Majesty, in Your Princely Wisdom, shall think fit. And we further desire Your Majesty to give effectual Order, that the Act for confining Papists within Five Miles of their own Houses, and the Law lately made for disarming Papists and reputed Papists, and for taking away their Horses, may be forthwith executed: And in order thereunto, that the Judges may be directed to give these Acts in Charge to the Justices of the Peace in their several Circuits; and particularly that they examine whether any Protestants have, contrary to that Act, owned such Horses as in truth belong to Papists.

We humbly lay these Things before Your Majesty, as considering them to be of great Importance to the Safety of Your Majesty's Person, Government, and Dominions.

Resolved, That the Address be committed, upon the Debate of the House.

And it is referred to Mr. Leveson Gowre, Sir John Lowther, Mr. Conisby, Sir Jos. Tredenham, Sir Christopher Musgrave, Sir Hen. Goodrick, Sir John Thomson, Mr. St. Johns, Mr. Newport, Mr. Roberts, Mr. Papillion, Lord Ranelagh, Sir John Trevor, Sir Tho. Lee, Sir Wm. Williams, Mr. Harbord, Mr. Sacheverell, Lord Digby, Sir John Knatchbull, Major Vincent, Sir Tho. Clarges, Sir Fran. Russell, Mr. Hen. Herbert, Sir John Guise, Major Wildman, Col. Birch, Mr. Norreis, Mr. Fox, Mr. Blake, Sir Rob. Nappier, Col. Austen, Sir Cha. Cæsar, Col. Tipping, Mr. Ellwell, Mr. Done, Mr. Pitts, Mr. Buckley, Sir Hen. Capell, Mr. Holmes, Mr. Smith, Lord Falkland, Sir Rob. Cotton, Mr. Gray, Mr. Hawles, Mr. Whitehead, Sir Edw. Harley, Sir John Wynn, Sir Phil. Skippon, Mr. Skippon, Mr. Garway, Mr. Burrard, and all the Members that serve for the Sea Ports: And to meet this Afternoon at Four of the Clock, in the Speaker's Chamber.

Justice Powell examined as to the dispensing Power.

The House being informed, that Mr. Justice Powell attended, according to their Order Yesterday;

Resolved, That he be called in; and examined, in relation to the Case of Godwyn and Hales; and what Questions had been proposed to the Judges concerning the King's Power of Dispensing with the Laws; and what Resolutions the Judges gave thereupon.

And a Chair was ordered to be set for him within the Bar, on the Left Hand.

And he, being called in, came and stood behind the Chair, the Serjeant with his Mace standing by him on his Right Hand.

And being asked concerning the Matter aforesaid;

He said, That Sir Robert Wright being then Puisne Judge of the King's Bench, being of Serjeants Inn in Chancery Lane, told him upon Wednesday or Thursday in Trinity Term, 2 Jac. II. before the Judgment given in Godwyn and Hales, that he was ordered by Sir Edward Herbert, the then Chief Justice of the King's Bench, to acquaint the Judges of that Inn, that he was commanded by the King to assemble all the Judges upon the Friday then next following, at the Hall of Serjeants Inn in Fleetstreet, at Four of the Clock in the Afternoon of that Day, to consult with them upon a certain Matter: And that accordingly all the Judges met there: Where, after the Judges were sat, the Lord Chief Justice Herbert related the Matter they were met about; and put the Case of Goodwyn and Hales to this Effect; viz. "That an Information was exhibited against the Defendant, upon the Statute of 25 Car. II^di, for exercising the Office of a Colonel of a Regiment of Foot, without taking the Oaths of Allegiance and Supremacy, and the Test, as by the said Act is prescribed; to which Information the Defendant pleaded a Patent from the King under the Great Seal; whereby he dispensed with him taking the said Oaths and Test, with a Non obstante to the said Statute;" and desired their Opinions, Whether the King had Power to dispense with the said Statute?

And, being then asked, What were the Opinions then delivered by the Judges? he desired the House would excuse him from answering to that Question.

Whereupon he was ordered to withdraw.

And the House entering upon the Debate of his said Answer;

Resolved, That he be called in again; and required, in the Name of the House, to declare what Opinions the several Judges then gave, except, as to himself, they left him to his own Liberty, whether he would acquaint the House therewith or not.

And he being called in again, and acquainted with the Resolution of the House; he thereupon did give an Account to the Effect following;

That the Lord Chief Justice argued upon the Case at large; and cited several Cases, particularly those of 2 Hen. VII. Calvin's Case, Co. 7. and Coke's, 12 Report; and then called to him the said Justice Powell (being the Puisne Judge), to deliver his Opinion first: Whereunto he answered, That he never heard the Case put, before that Time; and found it to be a Case of very great Importance; and that he durst not then deliver any Opinion, before he had well and advisedly consulted the Books; and therefore desired Time. That the Chief Justice asked him, What Time he would have; and he desired Time until Michaelmas Term: But the Lord Chief Justice told him, that could not be; for that Judgment was to be given upon Tuesday then next, being the last Tuesday in the Term. Whereupon he answered, He would wait upon his Lordship on Monday in the Afternoon, at Four of the Clock.

That, next after him, Mr. Baron Milton in his Order, was asked his Opinion: Who was for the Dispensing Power.

That Justice Lutwich was of Opinion, the King could dispense in that Case, but not in Ecclesiastical Affairs; or Civil Matters: And, when he found some others declare the King had a dispensing Power, but limited it not; he stood up and said, Take notice, I pray, that I restrain it to this particular Case.

That Baron Jenner was for Dispensing with the said Statute of 25 Car. II. and also Justice Wright, and Justice Holloway.

That Justice Street was against Dispensing in that Case.

That the Lord Chief Justice Beding field was for the Dispensing Power.

That the Lord Chief Baron Atkins said, That if the Cases, as they were cited by the Lord Chief Justice Herbert, were Law, viz. 2 H. VII. Co. 12 Report; then he was of Opinion, the King might dispense in this Case: And spake further (as he takes it), Either that he knew not whether those Cases cited were Law, or that he thought they were not Law; but that, by the Reason of the Distance of Place, he could not well hear him: And that, about Four or Five Days after, he waiting upon the Lord Chief Baron at his Chamber; and falling into a Discourse touching the ill Consequences of that Opinion; he spake to this Effect; "Brother, you heard what I said in that Matter:" That he answered the Lord Chief Baron, that he was remote from him, and could not distinctly hear what he said; but took it, that his Lordship delivered no positive Opinion: For that his Lordship doubted whether 2 H. VII. and 12 Co. were Law: That the Lord Chief Baron answered, That he thought the Cases cited were not Law; and now was satisfied, that the Lord Cooke was mistaken in applying the Case 2 H. VII: And then declared he was of Opinion the King could not dispense with that Statute of 25 Car. II.

That the Lord Chief Justice Herbert was for the King's Dispensing with the Statute 25 Car. II: And that Justice Withens and Baron Heath were of the same Opinion, with the Majority. That he afterwards, about Four of the Clock in the Afternoon, upon Monday, as he was going towards the Lord Chief Justic Herbert's Chamber, called at Mr. Justice Lutwich's Chamber; and there was informed by a Gentleman, that was, that Morning, in the Court of King's Bench, that Judgment was given that Morning before he had delivered his Opinion to the Lord Chief Justice; by reason that there were many Persons of Quality in the Court upon another Occasion: And further said, That the Opinion he went to deliver to the Lord Chief Justice, was against the Dispensing Power.

And then he withdrew.

The House was informed, that Sir Robert Henley and Sir Samuel Astrey attended, according to their Order Yesterday.

And they were called in to the Bar; and gave an Account of the Judges in the King's Bench, when Judgment was given in the Case of Goodwyn and Hales; viz. The Lord Chief Justice Sir Edward Herbert, Sir Francis Withens, Sir Rich. Holloway, and Sir Robert Wright; and they all concurred in their Opinion: And that Sir Edward Herbert pronounced the Judgment; and said, He had consulted the other Judges: And that it was the Opinion of Ten of them; and that One dissented, and One hesitated upon it: But that he had been informed, that Morning by Sir Richard Holloway, that the latter of them was of the same Opinion: And that the Case was argued but once by Mr. Northey against the Dispensing Power, and by the King's Counsel (Sir Thomas Powis) for it: And that the Judgment was pronounced by the Lord Chief Justice alone, without the other Judges doing it seriatim, as is usual: And that there were some Positions or Theses laid down by the Lord Chief Justice; some of which were, That the Laws were the King's Laws; that the King might dispense with his Laws in case of Necessity; and that the King was Judge of that Necessity.

And then they withdrew.

The House being informed, that Mr. Cooke, Chief Protonotary of the Common Pleas, attended, according to their Order of Yesterday;

He was called in; and, at the Bar, gave an Account who were Judges of the Court of Common Pleas in Trin' Term, 2 Jac. II. viz. Sir Hen. Beddinfeild, Sir Tho. Street, Sir Edward Lutwich, and Sir John Powell:

And then withdrew.

The House being informed, that the King's Remembrancer, and Clerk of the Pleas in the Exchequer, attended according to the Order of Yesterday;

They were called in; and, at the Bar, gave an Account who were Barons of that Court in Trin' Term, 2 Jac. II¹; viz. Sir Edward Atkins, Sir Thomas Jenner, Sir Richard Heath, and Sir Chris. Milton.

And then they withdrew.

The House being informed, that the Clerk of the Crown attended the House, according to their Order;

He was called in; and, at the Bar, delivered in the Roll wherein were Oaths of the Judges, and King's Attorney General, and Solicitor General.

And then he withdrew.

Then the Oaths of the Judges, and Attorney General, and Solicitor General, were read.

The House being informed, that Mr. Bridgman attended, according to their Order;

He was called in; and, at the Bar, gave an Account concerning the Proceedings upon the Commission for erecting a Court of Ecclesiastical Commissioners; and that they were entered in the Journal which was brought to this House.

And, being asked concerning a Committee for regulating of Corporations, he said, That there were several Lords, who often met touching the same; viz. the Lord Chancellor Jeffryes, Lord Sunderland, Lord Powis, Lord Castlemaine, Sir Nic. Butler, Father Peters: And that Mr. Brent, and Mr. Trinder, and others, were concerned therein, and managed that Business.

And he was also examined touching the Returns of Persons that would take off the Penal Laws and Tests; and the Commitment of the Bishops.

Proceedings against the Seven Bishops.

Then a Copy of the Bishops Commitment to the Tower was delivered in, from the Privy Council Books; and read; and is as followeth;

At the Court at Whitehall, the 8th of June, 1688.

Present,

The King's Most Excellent Majesty,

Lord Chancellor, Lord President, Lord Privy Seal, Marquis of Powis, Lord Chamberlain, Earl of Huntingdon, Earl of Peterborough, Earl of Craven, Earl of Berkely, Earl of Morray, Earl of Middleton, Earl of Milford, Earl of Castlemain, Viscount Preston, Lord Dartmouth, Lord Godolphin, Lord Dover, Mr. Chancellor of the Exchequer, Lord Chief Justice Herbert, Sir Nic. Butler, Mr. Petre.

HIS Majesty having this Day acquainted their Lordships with a Petition that he had received some time since, signed by the Archbishop of Canterbury, and Six of the Suffragan Bishops of that Province, which had much surprised him; and that thereupon he had caused them to be summoned to attend this Day: Which they accordingly did; and being called in; and having heard the said Petition read, which was likewise shewed unto them, they acknowledged it to be their Petition; and that the Signing to it was their Hand-writing: Whereupon it was ordered, That Mr. Attorney General and Mr. Solicitor General should prosecute them at the King's Bench Bar for the same: And being afterwards made acquainted therewith, and that it was the usual Method to enter into Recognizance to appear the First Day of the Term; their Lordships declined to comply therewith, in regard they had been advised by their Counsel it would be prejudicial to their Privileges as being Peers of the Realm: His Majesty was then pleased to order their Commitment to the Tower of London, as followeth;

THESE are, in his Majesty's Name, and by his Command, to require you to take into your Custody the Persons of William Lord Archbishop of Canterbury, William Lord Bishop of St. Asaph; Francis Lord Bishop of Ely, John Lord Bishop of Chichester, Thomas Lord Bishop of Bathe and Wells, Thomas Lord Bishop of Peterborow, and Jonathan Lord Bishop of Bristoll, for contriving, making and publishing a seditious Libel in Writing against his Majesty and his Government; and them safely to keep in your Custody, until they shall be delivered by due Course of Law: For which this shall be your Warrant. At the Council in Whitehall, the Eighth Day of June 1688.

Signed and sealed by Lord Chancellor, Lord President, Lord Privy Seal, Marquis of Powis, Lord Chamberlain, Earl of Huntingdon, Earl of Peterborow, Earl of Craven, Earl of Morray, Earl of Middleton, Earl of Melford, Earl of Castlemain, Viscount Preston, Lord Dartmouth, Lord Godolphin, Lord Dover, Chancellor of the Exchequer, Lord Chief Justice Herbert, Sir Nic. Butler.

To the Lieutenant of the Tower of London.

A Warrant to Philip Ryley, Esquire, Serjeant at Arms, to take into his Custody the said Lord Archbishop and Bishops, and to deliver them to the Lieutenant of the Tower of London, dated ut supra.

THERE being this Day issued a Warrant by his Majesty's special Command, in Council, under the Hands and Seals of the Lords of his Majesty's most honourable Privy Council, for committing to the Tower of London his Grace William Lord Archbishop of Canterbury, William Lord Bishop of St. Asaph, Francis Lord Bishop of Ely, John Lord Bishop of Chichester, Thomas Lord Bishop of Bath and Wells, Thomas Lord Bishop of Peterborow, and Jonathan Lord Bishop of Bristoll, for contriving, making, and publishing a seditious Libel against his Majesty and his Government (a Copy whereof is hereunto annexed); there to be safely kept, until they shall be delivered by due Course of Law: It is this Day further ordered, by his Majesty, in Council, That Sir Thomas Powis, Knight, his Majesty's Attorney General, and Sir Wm. Williams, Knight, his Majesty's Solicitor General, do forthwith prepare an Information against the said Archbishop, and the several other Bishops above-named, for the Offence aforesaid; and prosecute the same according to Law, in his Majesty's Court of King's Bench, the next Term.

Exceptions in Bill of Indemity.

And a Debate arising upon the First Head of Exceptions concerning the Dispensing Power, and the Case of Goodwyn and Hales;

Resolved, That Sir Edward Herbert be excepted out of the Bill of Indemnity, upon this Head.

Resolved, That Sir Francis Withens be excepted out of the Bill of Indemnity, on this Head.

Resolved, That Sir Richard Holloway be excepted out of the Bill of Indemnity, on this Head.

Resolved, That Sir Robert Wright be excepted out of the Bill of Indemnity, upon this Head.

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