House of Commons Journal Volume 11: 16 December 1693

Sabbati, 16 die Decembris;

5° Gulielmo et Mariæ.

Prayers.

Leave of Absence.

ORDERED, That Sir William Thomas have Leave to go into the Country for a Fortnight, for Recovery of his Health.

Hackney Coaches.

Mr. Brewer presented to the House, according to Order, a Bill for regulating the Number of Hackney Coaches in the Cities of London and Westminster, and Borough of Southwark, and Weekly Bills of Mortality: And the same was received, and read the First time.

Resolved, That the Bill be read a Second time, after Twelve a Clock.

London and Westminster Paving.

A Bill for the better Paving and Cleansing of the Streets, Lanes, and Alleys, in the Suburbs of the Cities of London and Westminster, and Liberties thereof, and Weekly Bills of Mortality, except the City of London, was read the First time.

And the Question being put, That the Bill be read a Second time;

It passed in the Negative.

Resolved, That the Bill be rejected.

Quakers Affirmation.

A Petition of the People called Quakers was presented to the House and read; setting forth, That, because of their tender Conscience, they cannot take an Oath; so that they have been prosecuted to Sequestrations, their Estates seized, and Bodies imprisoned; and prevented from maintaining their just Rights, especially in the Courts of Chancery and Exchequer, without an Oath; wherein the Law hath not provided for the Petitioners Relief: And praying Leave to bring in a Bill to admit, that their solemn and respective Answers, Affirmations, and Denials, may be accepted, instead of an Oath, in the Courts of Chancery and Exchequer.

Resolved, That the said Petition be rejected.

Free Proceedings in Parliament.

A Message from the Lords, by Mr. Justice Nevill and Mr. Baron Powell:

Mr. Speaker,

The Lords have agreed to the Bill, intituled, An Act touching free and impartial Proceedings in Parliament, with some Amendments: To which Amendments they desire the Concurrence of this House.

And then the Messengers withdrew.

Lord Conyngsby's Impeachment.

The Earl of Bellamont presented to the House Artiticles of Impeachment of High Treason, and other Crimes and Misdemeanors, against Thomas Lord Conyngsby, one of the late Lord Justices of Ireland: And the same were delivered in at the Clerk's Table, and read; and are as followeth; viz.

1. That he the said Lord Conyngsby hath traitorously abused the Power and Authority of his Government, and exercised the same tyrannically, . . discouraging and terrifying the Militia, by framing and imposing on them a new, arbitrary, and illegal Oath, notwithstanding that his Majesty left Instructions, when he came from Ireland, for arraying the Militia; which Instructions did, among other Things, direct, That the Oaths, established by Act of Parliament in England, should be administered to them; but the said Lord Conyngsby, in the Oath he imposed, left out that Part which requires them to renounce the Jurisdiction of the Pope, and all other foreign Powers, purposely to leave room for Papists to come into the Militia: And further, in his Instructions, ordered all Governors of Counties to subject the Militia to Martial Law, contrary to the known Laws of that Kingdom, and his Majesty's said Instructions; there being no Militia established in that Kingdom by Law, but has been hitherto a voluntary Service.

2dly, That the said Lord Conyngsby, intending to bring their Majesties good Protestant Subjects of Ireland into a Dislike of their Majesties Government, did traitorously, arbitrarily, and against the known Laws of the said Realm, exact and force free Quarter for the Army: And did also, by Force of Arms, levy Money on the Protestant Subjects; rejecting the several Proposals made to them, by the most considerable Gentry of some Counties, for the more regular subsisting a greater Number of Soldiers than were free-quartered upon them; which discouraged other Counties from making the same Offers; so that the Country thereby became entirely ruined.

3dly, That the said Lord Conyngsby, for his own private Gain and Advantage, did traitorously cause great Scarcity of Provisions in the Army before Lymrick, by obliging the Sutlers to take Licences from him at excessive Rates, and by laying Taxes on all such Beer, and other Provisions, as went to the Camp; whereby, all or most of the Sutlers being forced to forsake the Service of the Camp, Provisions of all Sorts became so very scarce and dear, that great Numbers of the Soldiers perished for Want.

4thly, That the said Lord Conyngsby, assuming to himself an arbitrary and tyrannical Power over the Lives, as well as the Properties, of their Majesties Subjects of Ireland, above, and against all Law, did, in Council, traitorously, and by Word of Mouth, order one Gafney to be hanged, without Tryal, the Courts of Justice being then open, and who was, at that time, an Evidence against one Sweetman for the barbarous Murder of some of Colonel Foulke's Soldiers: But the said Sweetman giving all his real Estate to the Value of Two hundred Pounds per Annum, to Mr. Culliford, besides the Sum of Five hundred Pounds to Mr. Fielding, his the said Lord Conyngsby's Secretary, for being his Bail, but never prosecuted for the said horrid Murder: and the said Gafney was immediately executed, according to the said verbal Order.

5thly, That the said Lord Conyngsby, during his Government of Ireland, did, by himself, or his Agent, traitorously settle and maintain a Correspondence, and carry on a Trade, with the Subjects of the French King, their Majesties declared Enemy.

6thly, That the said Lord Conyngsby, betraying and abusing the great Trust reposed in him, and the better to enrich himself, and to enable him to go through with his traitorous Designs; did embezil vast Quantities of their Majesties Stores, and forfeited Estates both real and personal; whereby the Reduction of that Kingdom became more difficult, and the War more burdensome upon England, and the Army greatly discouraged for want of their Pay; which, by due Application of the said embeziled Stores and Estates, might have been remedied.

7thly, That the said Lord Conyngsby further traitorously abusing his great Trust, and betraying their Majesties Honour and Interest, did, during his whole Government, openly favour and support the Papists in their Robberies, and other Outrages, committed upon the Protestants; refusing to allow them Liberty of taking their legal Remedies against the Papists.

And that he, the said Lord Conyngsby, was one of the said Lords Justices during the time that all and every the Crimes and Offences, before set forth, were done and committed.

Sir C. Porter's Impeachment.

The Earl of Bellamont also presented to the House Articles of Impeachment of High Treason, and other high Crimes and Misdemeanors, against Sir Charles Porter Knight, one of the late Lords Justices of Ireland: And the same were delivered in at the Clerk's Table, and read; and are as followeth; viz.

1. That the said Sir Charles Porter hath traitorously abused the Power and Authority of his Government, and exercised the same tyrannically, in discouraging and terrifying the Militia, by framing and imposing on them a new, arbitrary, and illegal Oath, notwithstanding that his Majesty left Instructions, when he came from Ireland, for arraying the Militia; which Instructions did, among other Things, direct, That the Oaths, established by Act of Parliament in England, should be administered to them; but the said Sir Charles Porter, in the Oath he imposed, left out that Part which requires them to rerenounce the Jurisdiction of the Pope, and all other foreign Powers, purposely to leave room for Papists to come into the Militia: And further, in their Instructions, ordered all Governors of Counties to subject the Matter to Martial Law, contrary to the known Laws of that Kingdom, and his Majesty's said Instructions; there being no Militia established in that Kingdom by Law, but hath been hitherto a voluntary Service.

2dly, That the said Sir Charles Porter, intending to bring their Majesties good Protestant Subjects of Ireland a Dislike of their Majesties Government, did, traitorously, arbitrarily, and against the known Laws of the Realm, exact and force free Quarter for the Army: And did also by force of Arms levy Money on the Protestant Subjects, rejecting the several Proposals made to him, by the most considerable Gentry of some Counties, for the more regular subsisting a greater . . . . . . of Soldiers than were free-quartered upon them; which discouraged other Counties from making the same Offers; so that the Country thereby became entirely ruined.

3dly, That the said Sir Charles Porter. for his own private Gain and Advantage, did traitorously cause a great Scarcity of Provisions in the Army before Limerick, by obliging the Sutlers to take Licences from him at excessive Rates, and by laying Taxes on all such Beer, and other Provisions, as went to the Camp; whereby, all or most of the Sutlers being forced to forsake the Service of the Camp, Provisions of all Sorts became so very scarce and dear, that great Numbers of the Soldiers perished for Want.

4thly, That the said Sir Charles Porter, assuming to himself an arbitrary and tyrannical Power over the Lives as well as the Properties, of their Majesties Subjects of Ireland, above, and against all Law, did, in Council, traitorously, and by Word of Mouth, order one Gafney to be hanged without Tryal, the Courts of Justice being then open, and who was, at that time, an Evidence against one Sweetman, for the barbarous Murder of some of Colonel Foulke's Soldiers: But the said Sweetman, giving all his real Estate, to the Value of about Two hundred Pounds per Annum, to Mr. Culliford, besides the Sum of Five hundred Pounds to Mr. Fielding, the said Sir Charles and Lord Conyngsby's Secretary, for being his Bail, was never prosecuted for the said horrid Murder: And the said Gafney was immediately, according to the said verbal Order, hanged.

5thly, That the said Sir Cha. Porter, during his Government of Ireland, did, by himself, or his Agents, traitorously settle and maintain a Correspondence, and carry on a Trade, with the Subjects of the French King, their Majesties declared Enemies.

6thly, That the said Sir Charles Porter, betraying and abusing the great Trust reposed in him; and the better to enrich himself, and to enable him to go through with his traitorous Designs; did embezil a considerable Part of the forfeited Estates, both real and personal; whereby the Reduction of that Kingdom became more Difficult, and the War more burdensome upon England, and the Army greatly discouraged for want of their Pay; which, by due Application of the said embeziled Estates, might have been remedied.

7thly, That the said Sir Charles Porter, further traitorously abusing his great Trust, and betraying their Majesties Honour and Interest, did, during his whole Government, openly favour and support the Papists in their Robberies, and other Outrages, committed upon the Protestants; refusing to allow the Liberty of taking their legal Remedies against the Papists.

8thly, And that he the said Sir Charles Porter was one of the Lords Justices of Ireland, during the time that all and every the Crimes and Offences, before set forth, were done and committed.

And Colonel Robert Fitzgerald, and Mr. Frances Annesley, were called in, and examined to several Matters in the said Articles contained.

And then withdrew.

Resolved, That this House will, upon Friday Morning next, at Ten a Clock, hear Witnesses, at the Bar of this House, to the said several Articles.

Supply.

Resolved, That this House will, upon Friday Morning next, at a Eleven a Clock, resolve itself into a Committee of the whole House, to consider further of the Supply to be granted to their Majesties, for Maintenance of the Land-Forces.

Trials for Treason.

Resolved, That this House will, upon Saturday Morning next, at Ten a Clock, resolve itself into a Committee of the whole House, to consider of the Bill for regulating of Trials in Cases of High Treason, and Misprision of Treason.

Ways and Means.

Ordered, That the Report from the Committee of the whole House, to whom it was referred to consider of Ways and Means for raising the Supply to be granted to their Majesties for Maintenance of the Fleet, be made upon Tuesday Morning next.

Ordered, That all Committees be adjourned.

Committees.

And then the House adjourned till Monday Morning next, Nine a Clock.