House of Lords Journal Volume 13: 21 December 1680

DIE Martis, 21 die Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day Charles Viscount Mordant and Charles Lord Delawar took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, in Pursuance of the Act for the more effectual preserving of the King's Person and Government, by disabling Papists from sitting in either House of Parliament.

Visc. Mordant takes his Seat.

This Day Charles Viscount Mordant sat first in Parliament as a Peer, after the Decease of John Viscount Mordant his Father.

His Writ of Summons to Parliament bears Date the 20th of December, in the 32th Year of the Reign of His Majesty that now is.

Burying in Woollen, additional Bill.

Hodie 2^a vice lecta est Billa, "An additional Act for burying in Woollen."

ORDERED, That this Bill is committed to these Lords following:

Their Lordships, or any Five; to meet on Thursday next, at 9 of the Clock in the Forenoon, in the Prince's Lodgings; and to adjourn as they please.

Protestant Dissenters, for distinguishing, Bill.

The House was adjourned into a Committee, to proceed in the Bill for distinguishing Protestant Dissenters from Popish Recusants.

The House was resumed.

And the Earl of Bridgewater reported, "That the Committee of the whole House have spent many Days in the Consideration of the Bill for distinguishing of Protestant Dissenters from Popish Recusants; in which Bill are made some Amendments and Additions, which the Committee offers to the Consideration of the House."

The Amendments were read Once; and the Judges were appointed to word some Clauses better, before the Second Reading.

King's Writ to be obeyed, concerning the Execution of L. Stafford.

Upon Application from the Sheriffs of London and Midd. making some Scruples concerning the Execution of the late Lord Viscount Stafford, which were found by this House to be unnecessary:

This House do declare, "That the King's Writ ought to be obeyed."

Message from H. C. to impeach Mr. Seymour.

A Message was brought from the House of Commons, by Sir Gilbert Gerrard Knight, and others; who did, in the Name of the Commons assembled in Parliament, and in the Name of all the Commons of England, impeach Edward Seymour Esquire, for several high Crimes and Misdemeanors and Offences; and was commanded to exhibit Articles against him for the said high Crimes and Misdemeanors.

The House commanded the said Articles to be read, as followeth:

Articles of Impeachment, by the Commons of England assembled in Parliament, in the Name of themselves and of all the Commons of England, against Edward Seymour Esquire, One of His Majesty's Most Honourable Privy Council, Treasurer of His Majesty's Navy, and One of the Members of the House of Commons now in Parliament assembled, for several high Crimes, Misdemeanors, and Offences.

Articles of Impeachment against Mr. Seymour.

"Imprimis, That whereas the Sum of Five Hundred Eighty-four Thousand Nine Hundred Seventy-eight Pounds, Two Shillings, and Two Pence, was raised, by an Act of Parliament, for the speedy building of Thirty Ships of War, and thereby appropriated to the said Use; by which Act, it was particularly directed, that the Treasurer of the Navy should keep all Monies, paid to him by virtue of the said Act, distinct and apart from all other Monies; and should issue and pay the same, by Warrant of the Principal Officers and Commissioners of the Navy, or any Three or more of them, and mentioning and expressing that it is for the Building, for the Guns, Rigging, and other Furnishing of the said Thirty Ships of War, and to no other Use, Intent, or Purpose whatsoever; he the said Edward Seymour, on or about the Year One Thousand Six Hundred Seventy and Seven (being then Treasurer of the Navy), did, contrary to the said Act, and contrary to the Duty of his said Office, lend the Sum of Ninety Thousand Pounds (at Eight per Cent.), Parcel of the said Sum raised by the said Act (being then in his Hands), for and towards the Support and Continuance of the Army then raised, after such Time as by an Act of Parliament the said Army ought to have been disbanded; whereby the said Two several Acts were eluded, and the said Army was continued and kept on Foot, to the great Disturbance, Hazard, and Danger of the Peace and Safety of the Kingdom; and the Nation was afterwards put to a new Charge, of raising and paying the Sum of Two Hundred Thousand Pounds, for the disbanding of the said Army.

"Secondly, That whereas an Act of Parliament had passed, for raising of Money by a Poll, for enabling His Majesty to enter into an actual War against the French King; and the Money raised by virtue of the said Act was thereby appropriated to the said Use, and to the Re-payment of such Persons as should furnish His Majesty with any Sums of Money, or any Stores, necessary for the said Service; and whereas certain Eastland Merchants were desired by His Majesty's Officers to furnish and supply great Quantities of Stores for the Navy, and, as an Encouragement thereunto, were assured that the Sum of Forty Thousand Pounds, Parcel of the said Monies raised by the said Act, was at that Time actually in the Hands of the said Edward Seymour (which he did acknowledge so to be), and did promise that the said Sum should be paid to the said Merchants in Part of Satisfaction for the said Stores which they did furnish upon the Credit of the said Affirmation and Undertaking; he the said Edward Seymour did, on or about the Year One Thousand Six Hundred Seventy-eight, issue out and pay the said Sum to the Victuallers of the Navy by Way of Advance, and for Provisions not then brought in, contrary to the true Intent and Meaning of the said Act; whereas the same, by the Provision of the said Act, ought to have been paid to the Eastland Merchants, who had furnished His Majesty with Flax, Hemp, and other Necessaries, for the said Service; of which said Deceit and Injustice the said Merchants did complain in the last Parliament.

"Thirdly, That the said Edward Seymour, being Treasurer of the Navy, and then and still having a Salary of Three Thousand Pounds per Annum clear for the same, did, during the Time that he was Speaker to the last long Parliament, receive, out of the Monies appointed for Secret Service, the Yearly Sum of Three Thousand Pounds, over and above his said Salary; which was constantly paid to him, as well during the Intervals as the Sessions of Parliament, and particularly during the Prorogation of Fifteen Months.

"Fourthly, That, on or about the Eighteenth Year of His Majesty's Reign, and during a War with The States Generall of The United Netherlands, he the said Edward Seymour, being then One of the Commissioners for prized Goods, did, fraudulently, unlawfully, and in the Deceit of His Majesty, unlade a certain Prize Ship, taken from the Subjects of the said States, without any Order or Authority for the same; and did house the Lading and Goods of the said Ship, and lock up the same, without the Presence of any of the Store-keepers, and did afterwards sell the same, pretending the same to be only Muscavado Sugars, and did account with His Majesty as such; whereas, in Truth, the said Ship was laden with Cochineal and Indico, rich Merchandizes of a very great Value.

"For which Matters and Things, the Knights, Citizens, and Burgesses of the House of Commons, in Parliament, do, in the Name of themselves and of all the Commons of England, impeach the said Edward Seymour, of the Crimes, Misdemeanors, and Offences, in the said Articles contained.

"And the said Commons, by Protestation, saving to themselves the Liberty of exhibiting, at any Time hereafter, any other Accusation or Impeachment against the said Edward Seymour, and also of replying to the Answers which the said Edward Seymour shall make to the Premises, or any of them, or any Impeachment or Accusation that shall be by them exhibited, as the Cause according to Course and Proceedings of Parliament shall require; do pray, That the said Edward Seymour may be put to answer all and every the Premises, that such Proceedings, Examinations, Trials, and Judgements, may be upon them, and every One of them, had and used as shall be agreeable to Law and Justice."

Mr. Seymour brought to the Bar.

The House being acquainted, "That Edward Seymour Esquire was attending at the Door, to receive their Lordships Pleasure;" he was called in; and being brought to the Bar, and kneeling, the Lord Chancellor told him, "That there are Articles of Impeachment, for high Crimes and Misdemeanors, brought from the House of Commons against him, which he should hear read."

Which being read; he desired he might have a Copy of the Articles, and a short Time given him to put in his Answer thereunto; which he is ready to do.

To have a Copy of his Impeachment, and Time to answer.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Edward Seymour Esquire may have a Copy of the Articles of Impeachment brought up by the House of Commons against him this Day; and is hereby required to put in his Answer thereunto, in Writing, at the Bar of this House, on Thursday next, being the Three and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon; he himself desiring no longer Time.

King's Speech to be considered.

ORDERED, That on Thursday Morning next this House will take into Consideration His Majesty's Speech.

Ly. Grey versus L. Petre, Privilege.

Upon reading the Answer of William Lord Petre, to the Petition of the Lady Grey of Warke, denying his borrowing any Money of her; and insisting that his Privilege was broke, this Session of Parliament, by serving him with a Sub-pæna out of Chancery; and praying he may enjoy the same Privilege as other Peers of this Realm do:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of the Lady Grey of Warke, presented to this House on the 10th of December Instant, be, and is hereby, dismissed this House.

Thompson, King's Servant, Privilege, versus Love, Dey, & al.

Upon reading the Petition of Robert Thompson Esquire, One of the Grooms of His Majesty's Privy Chamber in Ordinary; complaining, "That one Samuell Love, who is in Ireland, hath, in Time of Privilege of Parliament, prosecuted him to an Outlawry, by one John Dey and George Newton his Attornies, though they had Notice of his Privilege, and of his immediate Attendance on His Majesty (as in the Petition is suggested); and praying they may be summoned to appear, and answer for the same:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Dey and George Newton be, and are hereby, required to appear at the Bar of this House, to answer the said Complaint, on the First Day of the Sitting of the Parliament next after the Recess now at Hand; and hereof they may not fail.

Sir Thomas Bateman versus Sir Thomas Foote.

Whereas Sir Thomas Foote was to put in his Answer to the Petition and Appeal of Sir Thomas Bateman on Saturday next; it being this Day moved, "That he might have longer Time for putting in his said Answer to the said Appeal:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Thomas Foote hath hereby Time given him for putting in his Answer to the said Appeal, till Monday the Third Day of January next, at Ten of the Clock in the Forenoon; and hereof he may not fail.

Strickland versus Coker.

Upon reading the Petition of Robert Coker; shewing, "That, by an Order of this House, he was to put in an Answer to the Petition and Appeal of John Strickland on Friday next; and praying longer Time for answering thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Coker hath hereby Time given him for putting in an Answer to the said Appeal, till the First Friday of the Sitting of the Parliament next after the Recess now at Hand.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 22^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.