House of Lords Journal Volume 14: 27 June 1689

DIE Jovis, 27 die Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

M. de Halyfax Speaker pro Tempore.

Report concerning Method of receiving Impeachments.

The Earl of Rochester reported, "That the Lords have considered the Journals as far as the Impeachment of the First Duke of Bucks in 1626; and did not examine further off, because they found the Entries still shorter the further they went. Their Lordships do not find, as far as they went, any particular Account touching the Method of receiving Impeachments. They find, sometimes, Impeachments have been delivered at Conferences, and sometimes with and sometimes without Articles; but when they have been delivered at the Bar of the House, it hath always been by Way of Message from the House of Commons: But it does not appear whether the Lords on the Woolsack were sitting while the Articles were reading; nor doth it appear that any Difference hath been made between the receiving a Message where an Impeachment hath been brought up, and any other Message."

The House agreed to this Report.

And ORDERED, The Impeachment brought up from the House of Commons Yesterday shall be now read; (videlicet,)

"Articles of Impeachment of High Treason, and other high Crimes and Offences, against Sir Adam Blaire, Captain Henry Vaughan, Captain Frederick Mole, John Elliot Doctor in Physic, and Robert Gray Doctor in Physic.

Articles of Impeachment against Sir A. Blair. Captain Vaughan, Captain Mole, Dr. Elliott, and Dr. Gray.

"Whereas King James the Second having abdicated the Government, and Their Majesties King William and Queen Mary having, on the Thirteenth Day of February, in the Year of our Lord 1688, accepted the Crown and Royal Dignity of this Kingdom, according to the Resolution and Desire of the Lords Spiritual and Temporal and Commons now in Parliament assembled, Their said Majesties did become, were, are, and of Right ought to be, by the Laws of this Realm, our Sovereign Liege Lord and Lady, King and Queen of England, and the Dominions thereunto belonging; in and to whose Princely Persons, the Royal State, Crown, and Dignity of this Realm, with all Honours, Stiles, Titles, Regalities, Prerogatives, Powers, Jurisdictions, and Authorities to the same belonging and appertaining, were and are, most fully, rightfully, and entirely, invested and incorporated, united and annexed; and Their said Majesties have been solemnly and publicly crowned, according to Law and the laudable Custom of this Realm: And whereas, in and upon Their said Majesties Preservation and Government, the Unity, Peace, Tranquillity, and Safety of this Nation doth, under GOD, consist and depend; nevertheless, Sir Adam Blaire, Captain Henry Vaughan, Captain Fredrick Mole, John Elliott Doctor in Physic, and Robert Gray Doctor in Physic, being Subjects of Their Majesties, together with divers others their 'Complices and 'Confederates (wholly withdrawing the Faith and due Allegiance which true and faithful Subjects should and of Right ought to bear to Their Majesties), as false Traitors to Their Majesties and this Realm, did, upon the Tenth Day of June, in the Year of our Lord One Thousand Six Hundred Eighty-nine, and divers other Times, most wickedly and traiterously design, contrive, agree, conspire, resolve, and, to the utmost of their Power, endeavour to distburb and destroy the said Peace and common Tranquillity enjoyed within this Realm, and to move, make, raise, and levy War, Rebellion, and Infurrection, within the same, and to persuade, induce, and incite Their Majesties Subjects to abbet and assist them therein, and to deprive and depose Their Majesties of and from Their Royal State, Title, Crown, and Dignity, and to subvert the Government of this Kingdom, so happily preserved and settled by and under Their Majesties; and, to that End, they did traiterously assemble themselves, meet and consult, concerning the most proper Means to be used to execute and accomplish the aforesaid wicked and traiterous Designs; and, in Pursuance of the same and for the Purposes aforesaid, they did traiterously hold, maintain, set forth, declare, and publish, "That Their Majesties were Usurpers; and that the said late King James the Second did continue lawful and rightful King of this Realm;" and did attribute to him the Honours, Styles, Titles, Royalties, Prerogatives, Powers, Jurisdictions, and Authorities, belonging and appertaining to the Imperial Crown of the same; and, to compass, fulfil, compleat, and bring to Effect, their said Treason and wicked Purposes, they did traiterously, maliciously, and advisedly contrive, make, and procure, and cause to be made and procured, a certain detestable and traiterous Libel, purporting a Declaration of the said late King, by and under the Name of King James the Second, in which Libel it is contained, expressed and declared as followeth; (videlicet,)

"A Declaration of His Most Sacred Majesty King James the Second, to all His loving Subjects in the Kingdom of England.

"James R.

"Although the many Calumnies and dismal Stories, by which Our Enemies have endeavoured to render Us and Our Government odious to the World, do now appear to have been advanced by them, not only without any Ground, but against their own certain Knowledge, as is evident by their not daring to attempt the proving these Charges to the World, which We cannot but hope hath opened the Eyes of Our good Subjects, to see how they have been imposed upon by designing Men, who, to promote their own ambitious Ends, care not what Slavery they reduce Our Kingdoms to; yet We cannot but rejoice that We have had an Opportunity to demonstrate the Falseness and Malice of their Pretences, since Our Arrival in this Our Kingdom of Ireland, by making it Our Chief Concern to satisfy the Minds of Our Protestant Subjects, the Defence of their Religion, Privileges, and Properties, is equally Our Care with the Recovery of Our Rights: To this End, We have preferred such of them of whose Loyalty and Affection We are satisfied, to Places both of the highest Honour and Trust about Our Person, as well as in Our Army; We have, by granting Our Royal Protection to such whose Minds were shaken by the Arts of Our rebellious Subjects, dispelled their Apprehensions, and effectually secured them against the Attempts even of their private Enemies; Our Ear hath been always open to their just Complaints; and so far hath Our Royal Mercy been extended to those who were in Arms against Us, that We have actually pardoned several Hundreds of them, and most notorious Criminals are kept in an easy Confinement (as they themselves acknowledge); We have taken Care that Our Subjects of the Church of England be not disturbed in the Exercise of their Religion, the Possession of their Benefices, and other Properties; and all Protestant Dissenters enjoy Liberty of their Consciences, without any Molestation: And, out of Our Royal Care for the Prosperity of Our People, we have recommended to Our Parliament, as the First Thing necessary to be dispatched, to settle such a Security and Liberty, both in Spiritual and Temporal Matters, as may put an End to these Divisions, which have been the Source of all Our Miseries; being resolved, as much as in Us lies, to entail Liberty and Happiness upon Our People, so far as to put it out of the Power of Our Successors to invade the one, or infringe the other; and this, We take God to Witness, was always Our Design, of which We see Our good Subjects here are more and more convinced, by the great Numbers of those who, having been seduced or frightened by the restless Importunities of Our Enemies, are returned to their Country and Habitations, and who assure Us daily more would follow if the Ports were open: But the Usurpers know too well the Sincerity of Our Intentions, to permit a free Passage of Our said Subjects; fearing nothing more, than that their Experience should undeceive the rest, who are restrained more through lgnorance than any ill Intention; and therefore deny them that Liberty which We afford to all whose Designs We are satisfied tend not to the Disturbance of the Peace. By this Our Gracious and Royal Care of Our Protestant Subjects here (where the greatest Part of Our Nation is Catholic, and have, as well as We, received the highest Provocation from their Fellow Subjects of contrary Persuasions; so that nothing but Our own Inclination to Justice, and Desire to see Our People flourish, could move Us to such a Proceeding); We hope Our Subjects in England will make a Judgement of what they may expect from Us. And We do hereby promise and declare, That nothing shall ever alter Our Resolutions to pursue such and no other Methods as by Our said Subjects in Parliament shall be found proper for Our common Security, Peace, and Happiness. And, that none may be debarred of assisting Us in recovering of Our Rights, and redeeming Our People from their present Slavery, out of any Apprehension from past Miscarriages, We do hereby assure all Our Subjects, of what Quality soever, let their Crimes against Us be never so great, that if, in Twenty Days after Our Appearance in Person in Our Kingdom of England, they return to their Obedience, by deserting Our Enemies and joining with Us, We will grant them Our full Pardon, and all past Miscarriages shall be forgot; so little do We delight in the Blood or Ruin of Our People. But if, after this Our gracious Condescension, they shall yet continue to assist Our Enemies and Rebels, We do before God charge all the Blood which shall be afterwards shed upon them and their Adherents; and We doubt not, by the Blessing of GOD upon Our Arms, to force the most obstinate to their Duty; though, as We have made appear in reducing Our rebellious Subjects in this Kingdom, We desire to use no other than Lenity and Mercy.

"Given at Our Court in Dublin Castle, the Eighth Day of May 1689, in the Fifth Year of Our Reign.

"God save the King."

"And they did conceal the said Libel from Their Majesties, Their Magistrates and Ministers of Justice; and the same did traiterously print, publish, and disperse, and cause to be printed, published, and dispersed, to and amongst divers of Their Majesties Subjects; and this was most maliciously contrived, prosecuted, and done, whilst Their Majesties were engaged in a just and necessary War, for the Defence of this Kingdom, against the French King, and in the suppressing a Rebellion, procured, supported, and carried on by the Means, and for the Interest, of the said French King, against Their Majesties, in Their Kingdom of Ireland. All which Treasons, Crimes, and Offences, abovementioned, were contrived, committed, perpetrated, acted, and done, by the said Sir Adam Blaire, Henry Vaughan, Fredrick Mole, John Elliott, and Robert Gray, and their Accomplices, against our Sovereign Lord and Lady the King and Queen, Their Crown and Dignity, and against the Laws of this Kingdom; of all which Treasons, Crimes, and Offences, the Knights, Citizens, and Burgesses in Parliament assembled do, in the Name of themselves and of all the Commons of England, impeach the said Sir Adam Blaire, Henry Vaughan, Fredrick Mole, John Elliot, and Robert Gray, and every of them.

"And the said Commons, by Protestation, saving to themselves the Liberty of exhibiting, at any Time hereafter, any other Accusations or Impeachments against the said Sir Adam Blaire, Henry Vaughan, Fredrick Mole, John Elliott, and Robert Gray, and every of them; and also of replying to the Answers which they and every of them shall make to the Premises, or any of them, or to any other Accusation or Impeachment which shall be by them exhibited (as the Cause according to Course and Proceedings of Parliament shall require); do pray, that the said Sir Adam Blair, Henry Vaughan, Fredrick Mole, John Elliott, and Robert Gray, and every of them, be put to answer all and every the Premises; and that such Proceedings, Examinations, Trials, and Judgements, may be upon them, and every of them, had and used, as shall be agreeable to Law and Justice, and Course of Parliament."

ORDERED, That the Consideration of this Business be taken up on Saturday next; and all the Lords to have Notice to attend the House then; and all Judges are then to be present.

Bristol and Glouc. Courts of Conscience Bill.

Hodie 1^a vice lecta est Billa, "An Act for erecting a Court of Conscience in Bristol and Gloucester."

Order to prevent Stoppages in the Streets.

Upon Complaint made to this House, "That there is such an Interruption by Hackney Coaches, Carts, and Drays, in King's-streete and the Passages to The Old Pallace Yard in Westm. that the Lords and others are frequently hindered from coming to this House, to the great Inconveniency of the Members of both Houses:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace of the said City, shall, by their Care and Directions to the Constable and other Officers within the said Limits, take special Order, that no empty Hackney Coaches are suffered to make any Stay, between Whitehall and The Old Pallace Yard in Westm. from Nine of the Clock in the Forenoon, until Two in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriges or Carts be permitted to pass through the said Streets and Passages, between the Places aforesaid, during the Sitting of this Parliament: And herein special Care is to be taken, by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House.

Orme versus Sir J. Gell, Sir B. Broughton et al.

Upon hearing Counsel this Day at the Bar, upon the Petition of Thomas Orme Esquire, One of the Trustees and Executors of Charles Agard Esquire, deceased; shewing, That upon a Hearing, 15° Junii, 33 Caroli II^di, before the then Lord Chancellor Nottingham, who declared the Trust to be a General Trust, and praying the Reversal of the said Decree; as also upon the Answers of Sir Bryan Braughton Baronet, Sir Edward Littleton Baronet, and divers others therein named; and also upon the Answer of Arthur Richards put in thereunto:

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Thomas Orme Esquire, One of the Trustees and Creditors of Charles Agard Esquire, deceased, be, and is hereby, dismissed this House.

Creech versus Maundrel &al.

Upon reading the Petition of Henry Creech; complaining of some Proceedings and Decrees of the Court of Chancery, and praying that all Parties may answer thereunto:

It is ORDERED, That Robert Maundrell and others, Defendants, may have a Copy or Copies of the said Petition; and be, and are hereby, required to put in their Answer, or respective Answers thereunto, in Writing, on Thursday the 11th of July next, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause timely Notice to be given to the Defendants.

Arnold versus Arnold, Smith, & al.

Whereas the Cause depending in this House, wherein John Arnold is Plaintiff, and Anne Arnold, Sir Edward Smith, and others Defendants, was to be heard on Saturday next:

It is ORDERED, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Thursday next, at Ten of the Clock in the Forenoon.

Newcastle Court of Conscience Bill.

Hodie 2^a vice lecta est Billa, "An Act for erecting a Court of Conscience at Newcastle upon Tyne."

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

Their Lordships, or any Three of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings.

Adjourn.

Marq. de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 28^um diem instantis Junii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us, this 12th of July 1689,

Kent.
J. Bridgewater.
Herbert.
Culpeper.