House of Commons Journal Volume 10: 13 July 1689

Sabbati, 13 die Julii; 1° Gulielmi et Mariæ.

Prayers.

Applebye Election.

ORDERED, That Mr. Speaker do grant his Warrant to the Clerk of the Crown, to issue out a new Writ for electing a Burgess to serve in this present Parliament for the Borough of Applebye, in the County of Westmorand, in the Room of Philip Musgrave, Esquire, deceased.

London Charter.

A Bill for reversing the Judgment given upon the Quo Warranto against the City of London; and for restoring the Citizens of the said City to their ancient Liberties; was read the Second time.

Resolved, that the Bill be committed, upon the Debate of the House, unto Mr. Sacheverell, Mr. Chadwick, Mr. Hamden, Mr. Evlyn, Sir Wm. Williams, Mr. Paul Foley, Mr. Done, Mr. Bickerstaffe, Mr. Solicitor General, Mr. Tho. Foley, Mr. Attorney General, Mr. Carter, Sir Walter Young, Mr. Leveson Gowre, Mr. Reynell, Mr. Papillion, Sir Rich. Onslow, Sir Cha. Bloise, Mr. Ellwell, Sir John Barker, Sir Nevill Catlyn, Sir Wm. Ashurst, Mr. Randall, Mr. Fenwick, Mr. Serjeant Trenchard, Sir Rob. Cotton, Sir Walter Moyle, Lord Commissioner Maynard, Sir Trevor Williams, Marquis Winchester, Mr. Phil. Foley, Sir Wm. Poultney, Colonel Trelawny, Lord Sherrard, Sir John Brownlow, Mr. Pollexfen, Sir Phil. Gell, and all the Members that serve for the Counties of Essex, Kent, Middlesex, and Surrey, and for the City of London, and all Members that are of the Long Robe: And they are to meet on Monday next, at Four of the Clock, in the Afternoon, in the Speaker's Chamber.

East India Company.

A Petition of Martha Bolton, Widow, was read; setting forth, That George Sheldon, her Brother, and one Gabriel Powell, Two of the Nine Persons condemned by Martial Law at Sancta Hellena, having, in December last, delivered to one Captain Dore, (then coming for England), a Petition to the late King James; setting forth, The ill Usage they had from the East India Company, and their Agents; whereof as soon as Major Blackmore, the Governor, and Holden, the Deputy, had Notice, they ordered them immediately to be clapt up in the Hole (a Dungeon without light): And that the Petitioner's Brother Sheldon was, by ill Usage, very sick, when they carried him into the Dungeon; and was so ill when there, that he begged, on his Knees, to have the Door opened to let in some Air: But it being denied him, he died in Five Hours: And praying the Consideration of the House therein.

Ordered, That the said Petition be referred to the Committee, to whom the Petitions against the East India Company are referred; to examine the Matter thereof; and report the same, with their Opinions therein, to the House.

East India Company.

A Petition of George White was read; setting forth, That his Brother went to India in 1675, on a Ship freighted by the East India Company; and remained there, by Permission, on giving Security to indemnify him from One hundred Pounds Penalty, for any Person left behind him; which, being exacted by the Company, was paid by his Brother's Correspondent here: And that his Brother, by the Company's Factors, was introduced into the Service of the King of Syam; and, by the Petitioner's Interest in that Court, advanced to a very beneficial Employ; continuing in that prosperous Estate Twelve Years, never receiving any Command from the Company to return for England, or any Intimation of their Displeasure for his Stay there; but encouraged by their Factors, with whom he friendly corresponded, and traded yearly to the Company's Port of Madrasse, with his own Ships: That, in 1687, the Company's Factors and Servants unjustly seized the Petitioner's Brother's Ships and Merchandize, to the Amount of Twenty thousand Pounds; and condemned the same, confiscating it to the Company's Use, contrary to the very Charter whereon they ground a pretended Authority of their illegal Proceedings: And in seizing one of his Ships, called the Satisfaction, in the Red Seas, they killed Wm. Randall her Master: And that, in 1687, the Company made an Assault on Mergen Port, in Syam, where the Petitioner's Brother then resided, who very narrowly escaped with Life; and lost thereby, above Twenty thousand Pounds more; and is, after all these Losses and Sufferings, lately dead, leaving Two young Children under the Petitioner's Care, who is their Guardian, and administered to the Goods and Chattles of their Father: And therefore praying the Consideration and Relief of the House for the Benefit of the poor Children.

Ordered, That the said Petition be referred to the Committee to whom the Petitions against the East India Company are referred; to examine the Matter thereof; and report the same, with their Opinions therein, to the House.

Ordered, That the Committee to whom the several Petitions against the East India Company . . . ., be revived; and do sit this Afternoon: And that Mr. Pitts, Sir Walter Moyle, Mr. Burrage, Mr. Harley, Sir Cha. Blois, Sir Philip Gell, Sir John Thomson, Sir Rob. Clayton, Mr. Carter, Mr. Smith, Mr. Hobby, Sir Rich. Onslow, Sir Walter Young, Sir Wm. Cooke, Mr. Reynell, Sir Roger Twisden, Mr. Chadwicke, Sir Nevil Catlyn, Sir Cha. Cæsar, Mr. Fenwick, Mr. Ash, Mr. Onslow, Mr. Bockland, Mr. White, Sir Wm. Yorke, Sir Tho. Samwell, Sir Rob. Cotton, Sir John Cotton, Mr. Paul Foley, Mr. Fenwick, Lord Sherrard, Mr. Brereton, be added to the said Committee.

Oaths taken by Officers in the Army.

Mr. Gwyn reports from the Committee, to whom the ingrossed Bill, sent down from the Lords, intituled, An Act to regulate the Administration of Oaths, required to be taken by Commission or Warrant Officers, employed in their Majesties Service by Land, by virtue of an Act made this present Session of Parliament, intituled, An Act for the Abrogating of the Oaths of Supremacy and Allegiance, and appointing other Oaths, was referred; That the Committee did not think fit to make any Alteration in the Bill.

Resolved, That the Bill be read the Third time.

The Bill was read the Third time.

Resolved, That the Bill do pass.

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

Leave of Absence.

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

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

Ordered, That Mr. Glyn have Leave to go into the Country, for a Month.

Ordered, That Sir Thomas Hervey have Leave to go into the Country, for Three Weeks.

Ordered, That Mr. Harley, who is High Sheriff of his County, have Leave to go into the Country, for Three Weeks.

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

Vaughan's, &c. Impeachment.

Mr. Speaker, We are commanded by the Lords to communicate to this House the Answers of Captain Vaughan, John Elliot, and Frederick Mole, to the Impeachment exhibited against them:

Reversing Judgments against Oates.

Also, That the Lords have agreed to the Bill for reversing Two Judgments in the King's Bench, against Titus Oates, Clerk; with some Amendments: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

The Answer of Captain Vaughan was read; and is as followeth;

Vaughan's &c. Impeachment.

The humble Answer of Captain Henry Vaughan, now Prisoner in Newgate, to the Articles of Impeachment of High Treason, and other High Crimes and Offences, exhibited to the Lords Spiritual and Temporal, in Parliament assembled, against the said Captain Henry Vaughan, and others therein named; whereof he stands impeached by the Knights, Citizens, and Burgesses, in Parliament assembled, in the Name of themselves, and of all the Commons of England.

THE said Henry Vaughan, in the first Place, protesting his Innocency of and from all the Treasons and other Crimes and Offences whatsoever in the said Articles contained; and no way acknowledging, granting, or admitting all or any the Clauses, Articles, or Matters in the said Articles of Impeachment contained or specified, so far as the same any way concern him, to be true, as in and by the same Articles of Impeachment is supposed; and humbly craving that all Benefit and Advantage may be saved to him, of excepting to the Generality, Uncertainty, and Deficiency of the said Charge; as likewise, the Benefit of having and relying upon your Lordships great Judgment, Whether the Crimes and Offences so imposed upon him by the said Impeachment do, by the certain and known Laws of this Realm, so renowned for Right and Justice, amount to the High Crime of Treason: Which being prayed; and, as he hopeth, being granted; For Answer thereunto, he saith, That he is not, nor ever was, guilty of the said Treasons, Crimes, and Offences, or of any or either of them, of which he stands charged by the said Impeachment: And, for his Tryal thereof, putting himself upon and humbly submitteth to, the Judgment of your Lordships, whose Justice he doth and always shall rely upon, and therein acquiesce.

Hen. Vaughan.

The several Answers of John Elliott, and Frederick Mole, were read; being the same, mutatis mutandis, with Captain Vaughan's.

And a Debate arising in the House thereupon;

Resolved, That the Debate be adjourned till Tuesday Morning next.

Reversing Judgments against Oates.

Then the Amendments, proposed by the Lords to be made to the said Bill for reversing the Judgments against Titus Oates Clerk, were read the First time throughout: And are as followeth;

Ult' Pr. 27 L. Leave out "the said Verdicts brought in against the said Tites Oates, were corrupt and."

29 L. After "Bench," insert "against the said Titus Oates were;" and after "erroneous," read "unprecedented, and so;" and for "illegal, and are of evil Example to future Ages," read "that the Practice thereof ought to be prevented for the time to come."

34 L. Leave out "said Verdicts be held null and void; and that the;" and, after "Bench," leave out "and the Judgment given on the said Writs of Error."

37 L. Leave out "Verdicts and;" and, after "Judgments," add, "in the Court of King's Bench;" and, after "defaced," leave out "any thing to the contrary thereof in any wise notwithstanding." And add the Clauses marked A. B: Which Clauses are as followeth;

Clause A. "And it is hereby further Enacted by the Authority aforesaid, That it shall not be lawful at any time hereafter, to inflict the like excessive Punishments again on any Person whatsoever."

Clause B. "Provided always, and it is hereby Enacted and Declared, by the Authority aforesaid, That until the said Matters, for which the said Titus Oates was convicted as aforesaid for Perjury be heard and determined in Parliament, that the said Titus Oates shall not be received in any Court, Matter, or Cause whatsoever, to be a Witness, or give any Evidence; any thing in this Act in any wise contained to the contrary notwithstanding."

The First of the said Amendments being read a Second time;

And the Question being put, That the House do agree with the Lords in the said Amendment;

It passed in the Negative.

The Second of the said Amendments being read a Second time;

And the Question being put, That the House do agree with the Lords in the said Amendment.

It passed in the Negative.

The Third of the said Amendments being read a Second time;

And the Question being put, That the House do agree with the Lords in the said Amendment;

It passed in the Negative.

The Fourth of the said Amendments being read a Second time;

And the Question being put, That the House do agree with the Lords in the said Amendment;

It passed in the Negative.

Clause A being read a Second time;

And the Question being put, That the House do agree with the Lords in the said Amendment;

It passed in the Negative.

Clause B being read a Second time;

And the Question being put, That the House do agree with the Lords in the said Amendment;

It passed in the Negative.

Resolved, That it be referred to a Committee, to prepare Reasons to be offered at a Conference with the Lords, Why this House doth not agree with the Lords in the said Amendments.

And it is referred unto Sir Rob. Howard, Mr. Blake, Mr. Sacheverell, Sir Tho. Littleton, Major Wildman, Sir Fran. Russell, Mr. Arnold, Sir Rob. Clayton, Mr. Attorney General, Sir Tho. Mompesson, Sir Wm. Strickland, Sir John Thomson, Lord Marquis Winchester, Mr. Buscowen, Sir Walter Young, Serjeant Trenchard, Sir Wm. Ashurst, Colonel Birch, Mr. Carter, Mr. Hawles, Mr. Solicitor General, Mr. Smith, Mr. Holt, Lord Commissioner Maynard, Sir John Brownlow, Mr. Ellwell: And they are to meet this Afternoon in the Speaker's Chamber.

Matters relating to Ireland the Jesuit.

The House being informed, that there are some Entries in the Books of Benjamin Hinton, a Banker, of the City of London, of Monies paid to Ireland the Jesuit, about the time that Mr. Oates swore Ireland to be in Town: And that the said Hinton, and Servants, could give other Evidence in relation thereunto;

Ordered, That some Members be appointed to examine into the Matters aforesaid.

And it is referred unto Colonel Birch, Sir Rob. Clayton, Sir John Thomson, Mr. Holt, Mr. Arnold, Mr. Serjeant Trenchard, Mr. Buscowen, Mr. Holles, to do the same; and report the same to the House.

Irish Affairs.

Sir John Guise acquaints the House, from the Committee, to whom it was referred to examine into the Miscarriages that have happened in relation to Ireland and Londonderry, That it has appeared to them, that several Persons, who are now in Arms in Ireland, were in Custody here in England, and released: And that Passes were given to them: And that Mr. Jepson, a Member of this House, was then Secretary to his Majesty; particularly the Lord Dungan, Colonel Saffeild, Sir Neale O Neale, Colonel Simon Lutterell, Colonel H. Hamilton, Colonel Dorington, Colonel Antony Hamilton, Major Barker, Colonel Clifford, and Lord Brittas: And that the Committee had directed him to move, That Mr. Jepson might give an Account thereof to the House.

Ordered, That Mr. Jepson do, on Monday Morning next, give the House such Account as he can touching the Passes granted to the said Persons.

Secret Service.

Ordered, That the Auditor of the Exchequer do bring in an Account of what Monies have been paid out of the Exchequer for Secret Service, and to whom, since the Beginning of the Year 1682.

Answer to Addresses.

Sir John Guise acquaints the House, That some of the Members of the House, That were of his Majesty's most honourable Privy Council, and he, had, according to the Order of the House, attended his Majesty with the Second Address from this House, For giving Leave to some Members of this House to inspect the Books of the Privy Council; and the Books of the Irish Committee; and to take Copies thereof, as relates to the Irish Affairs; And that his Majesty was pleased to answer, That he would consider of it:

And also, That they had attended his Majesty with another Address from this House, That his Majesty would please to appoint a Fund for Credit, for such as should furnish Money for Relief of the Irish Protestants, fled into this Kingdom: And that his Majesty was pleased to say at first, That he liked it well: And that his Majesty asking, What was the Sense of the House touching that Matter; and being told, That those Irish were in Necessity; and that the House would take care to satisfy what should be disbursed; his Majesty was pleased to say, That he would do what he could in it.

A Debate arose upon his Majesty's Answer to the said first-mentioned Address.

Resolution on Irish Affairs.

Resolved, Nemine contradicente, That those Persons, that have been the Occasion of delaying the sending Relief to Ireland, and those Persons that advise the King to defer the giving Leave for some Members of this House to inspect the Minute Books of the Committee for Irish Affairs, are Enemies to the King and Kingdom.

Then a Debate arose in the House touching an Address to be presented to his Majesty, for removing the Marquis of Hallifax, and Marquis of Carmarthen, from his Councils.

Resolved, That the said Debate be adjourned until Thursday Morning next.

Sir Francis Pemberton, &c. to attend.

Ordered, That Sir Fran. Pemberton, Sir Thomas Jones, and Sir Robert Sawyer, do attend this House on Tuesday Morning next, to answer to such Matter as they were ordered to attend upon this Day.

And then the House adjourned till Monday Morning Eight of the Clock.