House of Commons Journal Volume 10: 26 December 1690

Veneris, 26 die Decembris; 2° Gulielmi et Mariæ.

Prayers.

London Orphans.

A MESSAGE from the Lords by Sir Robert Legard and Sir James Astry;

Mr. Speaker, The Lords have commanded us to put this House in mind of a Bill, some time since sent down to this House, intituled, An Act for erecting a Court of Inquiry for the Relief the distressed Orphans of the City of London.

And then the Messengers withdrew.

Earl of Ailesbury's Estate.

An ingrossed Bill from the Lords, intituled, An Act to enable Thomas Earl of Ailesbury, and Eliz. Countess of Ailesbury his Wife, to make Provision for Payment of Debts, and to make Leases of their Estates, was read the Second time.

Resolved, That the Bill be committed to Mr. Gwyn, Mr. Dolben, Sir Wm. Whitlock, Sir Tho. Haslerigg, Major Perry, Sir Rog. Puleston, Mr. Bickerstaffe, Sir Sam. Dashwood, Mr. Harcourt, Mr. England, Mr. Thornhaugh, Sir Hen. Capell, Mr. Kenyon, Mr. Bowyer, Mr. Arnold, Major Vincent, Mr. Price, Mr. Blowfeild, Mr. Christie, Sir Wm. Poultney, Mr. Brereton, Mr. Greenfeild, Mr. Parker, Mr. Fleming, Sir Hen. Goffe, Mr. Harley, Mr. Biddolph, Mr. Gilbert, Sir Jervas Elwes, Sir Wm. Honeywood, Sir Fran. Massam, Mr. Brownlowe, Sir Rob. Dashwood, Mr. Backwell, Sir Edw. Seymour, Sir Tho. Clarges, Sir Bazill Firebrasse, Lord Elan, Sir John Key, Sir Wm. Pritchard, Sir Rob. Cotton, Mr. Cary, and all the Members that serve for the Counties of Bedford, Somerset, and Wilts: And they are to meet this Afternoon, at Four of the Clock, in the Speaker's Chamber: And they are impowered to send for Persons, Papers, and Records.

Prideaux's Claim on LordJeffryes.

Then the Counsel upon the Bill for charging the Estate of the late Lord Jeffryes, in Leicestershire, with the Sum of Fourteen thousand Seven hundred Sixty Pounds, and Interest, to Edm. Prideaux, Esquire, were called.

And the Amendments, made by the Committee to whom the said Bill was committed, were read once throughout:

But the Counsel for the Petitioners not attending;

The other Counsel withdrew.

And then Mr. Gwyn reported to the House, the Evidence that was taken by the Committee upon the Examination of the Matter of the Bill: And then delivered the same in at the Clerk's Table: Where the same was read; and is as followeth; viz.

That Mrs. Slaughter said, That Mr. Prideaux was taken into Custody by a Messenger; and often told her, That he did not know his Crime.

That, afterwards, she saw him in the Tower: Who told her, That he desired to be heard, in order to his coming out: That he several times petitioned to be heard; but it would not be granted.

That it was a long time before she could be permitted to see him: That she, and Madam Prideaux, went to Mr. Jennings, that he might be inlarged: Who made them fair Promises.

Prideaux's Claim on Lord Jeffryes.

That Mr. Bulstrode said, That the Lady Tooker, and Mrs. Prideaux, made Application to him to assist them: Who made Application to a Nobleman: But he was told, That the Lord Chancellor had obstructed it. Afterwards, he applied to the Lord Sunderland: But my Lord told him, He must apply himself to the Lord Chancellor; for that the King had given it to him: That afterwards, he applied to the Lord Chancellor; and was told by him, That Mr. Prideaux was a most notorious Villain, and deserved to be hanged; and that he would hear no more of him upon no Account.

That he heard a certain Person say, That Goodenough said, That he had heard, that the Duke of Monmouth had not taken the Title of King upon him, but upon Mr. Prideaux' Advice: That the Lord Sunderland, or his Clerk, was present: He told my Lord Sunderland, That he believed all the rest the less, for This; That it was a Lye.

That somebody said, That young Dare did say, That he saw Mr. Prideaux' Name in his Father's Book; to have given the Duke of Monmouth Five hundred Pounds.

That Mr. Key said, That, after the Fight in the West, he applied himself to Sir Roger Lestrange for his own Pardon: Who undertook it; and promised to speak to the King: And that he applied himself several times to the Lord Chancellor: Who at last told him, That if he could get Bail, and enter himself into the Circuit Pardon . . . . . : That the Lord Chancellor sent him to Judge Wright, to give his Bail: That, afterwards, he went into the Country; and, about Three Weeks after, he had a Letter from Mr. Clerke, That he was commanded by the Lord Chancellor, to send for this Informant to London; but that it would not be to his Prejudice, but great Advantage; and wished him to come with all Speed: That, about Two Days afterwards, he came for London; and after he had been in Town Two or Three Days, he went to Mr. Clerke to know, Why he was sent for: Who asked this Informant, Whether he was at Mr. Prideaux's when the Duke of Monmouth was in the West; and bid him come to him again in Two or Three Days time, to be examined about it: That, about Three or Four Days after, Clerk sent for him by a Messenger; and, when this Informant came to him, he told him, That he must go along with him.

That he went into Lincoln's Inn Fields to Mr. Jennings'; and, when he came, Mr. Loader, Mr. Clerke, Mr. Jennings, Mr. Parry, Mr. Burton, and another was there: And they asked him, Whether he knew one Tiggins: And he told them, He did not: Then they told him, That Tiggins was in Custody; and had sworn against him; and that Wm. Way had also sworn against him: But that he had since inquired of Wm. Way: Who said, He knew nothing of it.

That they asked him, Why he went to Mr. Prideaux's: He said, He was desired to go by Mr. Prideaux's Friends, to see that they did not rifle the House: And they asked, Whether Mr. Prideaux did not begin the Duke of Monmouth's Health: he denied it; and said, That, to his Knowledge, it was not drank there: But they would not admit of that; but would have him swear positively, Whether the Health was drank or not.

That Mr. Burton took out a Petition, out of his Pocket, pretending it to be a Pardon; and bid him tell what he knew against Mr. Prideaux, and the King would be kind to him.

That, on Wednesday, he went to Mr. Clerke: Who told him, That he had Orders from the Lord Chancellor to strike him out of the Pardon; for that his Information about Mr. Prideaux, would not do.

That, on Wednesday in the Afternoon, the Informant was taken up.

That Mr. Richman said, That he heard, that Mr. Prideaux would send the Duke of Monmouth One hundred Guineas; that he was told so by one Gould: But said, That he knew nothing of it.

Thom. Dard junior said, That the Day that the Duke of Monmouth landed, or the Day after his Father was shot, he was taken Prisoner, and carried to the Duke of Albemarle; and then carried to Dorchester to be tried: That the Lord Chancellor sent for him to his Chamber; and asked him, Whether he knew Mr. Prideaux after the Duke landed: Who answered, No; nor never was there but once: He asked him, What about some Monies sent to the Duke.

That he was examined by Grahme and Burton, when he was in Newgate.

That Two Papers were brought to him, one by Burton, the other by Grahme: That Burton told him, He should be hanged, if he would not be a Witness against Prideaux.

That he put his Hand to one of the Papers, without reading the same; and to the other he put T. D.; and was threatened to be hanged, if he would not sign them.

That he was to be arraigned for his Life; he held up his Hand: But the Lord Chancellor ordered him to be brought before him: And, when he came to the Lord Chancellor, he told him, If he would swear against Mr. Prideaux, he should have his Pardon; and he would order a Habeas Corpus to remove him to London; and that he would get him a Commission; being very young.

Mr. Standrike said, That, within a Fortnight after he had given in Bail, he had a Letter from Mr. Clerke, to come to London: Which he did forthwith; and went with Mr. Clerke to the Flower de Lewis.

That afterwards Mr. Burton, and Mr. Eyles, a Messenger, came to him; and Eyles seized him, and carried him to Auditor Done's; and Mr. Burton took out a Paper, being a Petition from several, That he should be struck out of the Pardon: Then he asked him, Whether he was at Mrs. Prideaux's: Who said, He was there to search for Arms and Horses: But Mr. Prideaux sent away the Horses.

That Burton asked, Whether Mr. Prideaux did not drink the Duke's Health: The Informant told him, Not to his Knowledge: But Burton told him, He must expect no Favour, if he would not testify those Things as others did; but should certainly die: Which was, That Mr. Prideaux had sent Arms and Horses to the Duke of Monmouth.

That he was brought before Sir Roger Lestrange: Who told the Informant, He was sorry he should be so hardly used; the King did not desire Witnesses should be so threatened.

Madam Prideaux said, That she was sent by Mr. Jennings Order, and was not suffered to speak to Mr. Prideaux, till she had agreed for the Payment.

That Mr. Jennings sent to her to tell her, That if she did not come and make an End about it, that her Husband's Name would be struck out of the Pardon.

The Message was carried by one Jenkins; which was about a Month after she had been with Mr. Jennings.

Mrs. Slaughter said, That she made Application to the Lord Tyrconnell: Who said, Nothing could be done therein; for he was given to the Lord Chancellor.

That they were with Mr. Jennings several times: Who said, That Mr. Prideaux's Father had left him Sixty thousand Pounds; and that he might well give Thirty thousand Pounds for his Life: That there was a fine Seat in Dorsetshire, and the rest they might give in Money.

That they proffered a Sum of Money: But he said, It was inconsiderable; he would not speak under Ten thousand Pounds: And that she heard the Lady Tucker say, That Mr. Jennings demanded Five hundred Pounds for his Service: And that my Lady did promise him a Gratuity, if he did it for a reasonable Sum.

That Mr. Prideaux did say, That, were it not for his Lady, he would stand or fall.

Mrs. Prideaux . . ., That she could hardly persuade her Husband to pay the Money; but he would stand Test.

Mr. Dashwood said, That he was present when the Money was paid, and Securities given.

That the Lady Tucker came to Sir Robert Dashwood for Fifteen thousand Pounds; which must be paid the next Day, else Mr. Prideaux would be put out of the Pardon.

That the Money was paid to get Mr. Prideaux's Life and Liberty.

That he could hardly get into the Tower after the Money was paid.

That he heard Mr. Jennings say, That the Lady Tucker, had not dealt well with him, in not gratifying him, as he deserved, for getting the Pardon.

Mr. Carpenter said, That the Leicestershire Estate (as informed) was bought by the Lord Chancellor of the Duke of Albemarle, about 1686, for Thirty-four thousand Pounds; the Value of the Estate being One thousand Seven hundred and Sixty Pounds per Annum; and a Fine was passed about Michaelmas 1687.

Sir Robert Clayton said, That he received Fourteen thousand Seven hundred and Sixty Pounds about the Thirteenth Mar. for the Use of the Lord Chancellor: And that he did dispose thereof to the Lord Chancellor's Use: And that the Purchase was made in November.

Mr. Jenkins said, That, in September 1685, he received some Letters from the Lady Churchill, whereby she desired the Informant to use his Endeavours to know the Accusers and Accusation of Mr. Prideaux; and to apply to the Lords Hunsdon and Middleton; and that Mrs. Prideaux would shortly be in Town: Which when she was, the Informant went to her; and, at hers and the Lady Tucker's Request, the Informant made use of his Endeavours for the Purposes aforesaid: That afterwards he applied himself to Mr. Jennings; and, after a considerable time, being denied by him to undertake it, he, at length, prevailed on him to suffer the Lady and Mrs. Prideaux to come to his House; where they made the same Application to him, and earnestly intreated Mr. Jennings to assist them in do . . . any Kindness for Mr. Prideaux: Who then again declined: But being importuned several times afterwards, they still declared Mr. Prideaux's Innocence: But, fearing lest young Dare at Taunton might be prevailed to be an Evidence against him, they desired to know his Accusation: But Mr. Jennings declared, He knew neither his Crime or Accusers.

That, several Times after, they went to Mr. Jennings; and once the Lady Tucker offered him Five hundred Pounds for himself, without any Encouragement from him so to do: But, on the contrary, they insisting upon Mr. Prideaux's Innocence; he told them several Times, That he then had best to acquit himself by Trial; and refused to accept the said Promise to procure a Pardon; but told them, He would serve them in the Capacity of a Lawyer, but otherwise not: And the Informant afterwards often pressed Mr. Jennings, at their Request, about getting the Pardon; but he denied it.

That, hearing of a Proclamation for a Pardon, he told Mr. Jennings, That if Mr. Prideaux did not get a Pardon before that time, he would be excepted: And that he went to Hackney to the Lady Tucker, about Three Weeks after she had been with Mr. Jennings, by his Direction; to acquaint her, That he was of the same Opinion with the Informant in relation to the said Pardon.

That, after the Pardon passed, the Informant asked Mr. Jennings, Whether he should not speak to Mrs. Prideaux about his Gratuity: But he would not permit him so to do; saying, He did not expect any.

That the Reason why they applied to Mr. Jennings was, by reason he was in great Favour with the Lord Chancellor.

That the Lady Tucker and Mrs. Prideaux did offer Ten thousand Pounds to Mr. Jennings for a Pardon, and Five hundred Pounds for himself: But he told them, He had mentioned the Matter to his Friend, who, as believes he meant, was the Lord Chancellor; but could not procure it; and therefore desired them to apply elsewhere: Which they told him they had done: And hath heard the Lady Tucker say, Mr. Jennings behaved himself very generously: And that he had no Money, but refused any Gratuity.

That Mr. Jennings said the same with Jenkins; and that when, by the Lady Tucker and Mrs. Prideaux's Request, he made an offer of Ten thousand Pounds to the Lord Chancellor which his Lordship refused to accept, saying, He that time had great Expectations from the Crown; and this would be a Bar to him, if he accepted thereof.

Prideaux's Claim on Lord Jeffryes.

That the Lady Tucker came afterwards to the Informant, and desired him to make an Offer of Fifteen thousand Pounds for a Pardon: The which he did: And the Lord Chancellor accepted the same: But that, notwithstanding the Lady Tucker and Mrs. Prideaux's many Acknowledgments of his Kindness, he never received, nor desired any Gratuity for the same.

That some of Mr. Prideaux's Friends proposed, That, whereas Two thousand Pounds of the Fifteen thousand Pounds was to be paid in Two Years time, That, if the Interest might be deducted for the Two thousand Pounds, the rest of the Money should be paid down: That he believes the Sum of Fourteen thousand Seven hundred and Sixty Pounds was accordingly paid to the Lord Chancellor, or his Use.

That Sam. Storey said, That Mr. Dare, who was killed at Lyme, told this Informant, That he had been at Mr. Prideaux' House that Day, being, as believes, the Day of his Death: This Informant asked him, Where he had those Horses which came in with him that Morning: He said, He had several of them from Mr. Prideaux' House; and that the grey Horse which he then rode, was the Horse Mr. Prideaux used to make use of himself: And that Dare said, That Mr. Prideaux told him, That the grey Horse was not good enough to present to the Duke of Monmouth; and that therefore he had given it Mr. Dare: That he was several times told by the Lord Chancellor, That, if he would testify against Mr. Prideaux, it should be the better for him.

That the said Lord Chancellor did ask him several Questions about Mr. Prideaux, and particularly about the grey Horse given to Mr. Dare.

That Dare told him, He was very kindly entertained by Mr. Prideaux, and believed there would be a very considerable Sum sent by Mr. Prideaux, viz. about One thousand Pounds.

That, when he was at Taunton, he asked Mr. Nelthorp and Mr. Hayes, in a jocular Way, What was become of Mr. Prideaux' Thousand Pounds: One of them answered, That Five hundred Pounds was already come; and that the rest would come, and a larger Sum.

That he was near Two Months a Prisoner in Dorchester Gaol; and had been sent for once or twice to the Lord Chancellor's Chamber.

That Mr. Filmer said, That he was desired to speak to Mr. Jennings on Behalf of Mr. Prideaux, to endeavour to expedite his Pardon, and to tell him there would be a Gratuity for him: But that Mr. Jennings said, He did not desire any.

Mr. Key said, That he was at Mr. Prideaux' House about the Time the Duke of Monmouth landed; when he was desired to go with the Soldiers: And he was the First that entered the House, being about Eight or Nine a Clock at Night: And Mr. Prideaux asked him, What his Business was there so late; that he little thought to have seen him at that Time of Night: That the Informant begged his Pardon; and told him, He was desired to come with the Soldiers to search for Arms: That about Twenty Soldiers were in the House: That, when they came in, the Servants were at Supper; and that there was none there besides his own Family, besides one Man, viz. one Malachi Mallock, who was drunk: The Soldiers were the Duke of Monmouth's: To whom Mr. Prideaux said, That some Soldiers had been there before them to search for Arms; but found none: But these found some, and carried them away, as also some Coach Horses, which Madam Prideaux desired they would not carry away.

And then the House being informed, That Counsel for all Parties attended;

And the Question being put, That the Counsel be called in;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

And the Counsel were called in accordingly.

And the Counsel for the Petitioners against the said Bill desiring to examine some further Witnesses, than were examined before the Committee to whom the Bill was committed;

The Counsel on both Sides withdrew.

And the Question being put, That the House do now hear the Petitioners Witnesses;

It passed in the Negative.

Resolved, That this House will, upon Monday Morning next, hear the Petitioners farther Witnesses, and also their Counsel, at the Bar of this House, touching the said Bill.

Commissioners of Accompts.

Mr. Papillion reports from the Committee to whom it was referred to view the Lists of the Persons Names, given in to be Commissioners in the Bill for appointing and enabling Commissioners for taking the publick Accompts, That the Nine Persons, upon whom the Majority fell, were as follows; viz.

And Sir Thom. Clarges desiring, by reason of his Age and Infirmities, to be excused from being a Commissioner;

And the Question being put, That Sir Thom. Clarges be excused;

It passed in the Negative.

Resolved, Nemine contradicente, That the said Names be inserted to the said Bill, as Commissioners.

Then the said Bill, ingrossed, was read the Third time.

And an ingrossed Proviso was offered, as a Rider; That nothing in the said Act should be construed to hinder the Commissioners from taking and requiring an Accompt upon Oath, from the respective Officers, of all the Pensions, Salaries, and Sums of Money, paid or payable to Members of Parliament, out of the Revenue, or otherwise: Which was thrice read; and agreed unto by the House to be made Part of the Bill.

Resolved, That the Bill do pass: And that the Title be, An Act for appointing and enabling Commissioners to examine, take, and state the publick Accompts of the Kingdom.

Ordered, That Sir Wm. Whitlock do carry the said Bill to the Lords; and desire their Concurrence thereunto.

Supply Bill; Excise.

A Bill for doubling the additional Duty of Excise upon Beer, Ale, and other Liquors, to begin from the Time the Act for doubling the Duty of Excise for One Year doth expire, was read a Second time.

Resolved, That the Bill be committed to a Committee of the whole House.

Ways and Means.

Resolved, That this House will, To-morrow Morning at Ten of the Clock, resolve itself into a Committee of the whole House, to consider of Ways and Means for raising the Supply to be granted to their Majesties for Building of Ships.

Supply Bill; Excise.

Resolved, That this House will, To-morrow Morning at Eleven of the Clock, resolve itself into a Committee of the whole House, to consider of the said Bill for doubling the additional Duties of Excise.

Committees.

Ordered, That all Committees be revived.

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