DIE Mercurii, 14 Maii.
Domini tam Spirituales quam Temporales præsentes
Epus. Cov. & Litch.
Epus. St. Asaph.
|Ds. Custos Magni Sigilli.
Comes Jersey, Camerarius.
Comes Dorset & Middl'x.
Ds. Dudley & Ward.
Ds. North & Grey.
Ds. Howard Esc.
King's Bench and Fleet Prisons for regulating, Bill, Report of Reasons for Amendments to:
The Lord Viscount Longueville reported from the
Committee, some Reasons drawn by them, for their
Lordships Amendments to the Bill, intituled, "An Act
for regulating the Prisons of The King's Bench and
Which were read, and agreed to, as followeth ; (videlicet,)
"1. The Bill makes a total Change in the Method
of Proceedings in the King's Courts at Westm'r;
which is, that Persons arrested by Process out of
those Courts should be brought to those Prisons,
the Officers of which Prisons are under the immediate Inspection of those Courts, and are always present
in the Courts, to answer Complaints and Actions that
may be brought against them, without arresting them.
"2. Country Gaolers, being remote from the Courts
at Westm'r, may more easily oppress their Prisoners,
or give them too much Liberty ; and the Judges at
the Assizes cannot possibly have Time nor Power to
redress Complaints against the Gaolers.
"3. Men arrested for Debt in their own Countries,
may more easily obtain Favour there from the Gaolers.
"4. If the Prisoners are permitted to have Liberty in
the Towns where the Prison is, the Inhabitants will
probably connive at it, by reason of the Profit they
will get by entertaining them in their House.
"5. It lays an heavy Burthen upon the Sheriffs, who
must answer for all Escapes; whereas now the Plaintiff or Defendant, or the Sheriff himself, may, by Habeas Corpus, remove the Prisoner to The King's Bench
or Fleet Prisons, and so the Sheriff be discharged;
and though the Sheriff may take Security from the
Under Sheriff or Gaoler, yet he must take such Security as he can get, and the Security may prove insolvent.
"6. If a Man be in Execution in a Country Gaol,
and the Sheriff die, the Gaoler, before a new Sheriff
made, may discharge the Prisoner, and the Creditor is
without Remedy; but when a Prisoner is in the
Custody of one that hath the Inheritance of the
Office, he is still in Custody, though the Officer die.
"7. If a Man be in Prison for Debt, and the Sheriff
dies, as soon as a new Sheriff hath his Patent, the Prisoner is in his Custody; if in that Case the Gaoler
suffers an Escape, before he hath given Security, the
new Sheriff may be answerable.
"8. If a Man be a Stranger in a Country, and is
arrested in a Corporation, if he cannot find Bail, the
Cause must be tried there; though perhaps the Mayor,
or other Judge of the Court and Jurymen, may be all
the Plaintiff's Friends.
"9. The Country Gaols (which were primarily intended for Felons and Breakers of the Peace) have
not Room enough for all Prisoners for Debt; and besides, it is not reasonable that Prisoners for Debt should
be kept among Felons; and this Mischief will be very
great in London and Middlesex.
"10. The Bill, as it came from the Commons, instead of regulating, doth, in Effect, take away the
Prisons of The King's Bench and Fleet; for, if they are
to have no Prisoners, they, by a necessary Consequence, cease to be Prisons; and though they still remain Prisons to receive such as are committed by
their respective Courts for Contempts, yet they will
be so few, that the Profits thereby accruing will not
be a proportionable Recompense to the Officers to
attend the Courts; so that the King's Four Courts at
Westm'r will be without Prisons, and without Officers to assist them: For the Sheriffs of the Counties are not to attend these Courts, their Business being confined to their own Counties. Hereby these
Courts will be reduced to a more mean Condition
than the most inferior Court of Record in the Kingdom, and be disabled to keep the Peace, or to do
Justice, and be liable to all the Insults and Affronts
that shall be offered to them; and the Judges thereof
will be deprived of all coercive Power."
Message to H.C. for a Conference about it.
A Message was sent to the House of Commons, by
Sir Robert Legard and Sir Richard Holford:
To desire a Conference, To-morrow at One a Clock
in the Painted Chamber, upon the Lords Amendments
to the Bill, intituled, "An Act for regulating the Prisons
of The King's Bench and Fleet."
Message from thence, with a Bill.
A Message from the House of Commons, by Sir
John Levison Gower and others:
Who brought up a Bill, intituled, "An Act for
preventing any Inconveniencies that may happen by
Privilege of Parliament;" to which they desire the
Concurrence of this House.
vice lecta est Billa, intituled, "An Act for
preventing any Inconveniencies that may happen by
Privilege of Parliament."
ORDERED, That the said Bill be read a Second Time
Message from H.C. with a Bill.
A Message from the House of Commons, by Sir
Rowland Gwyn and others:
Who brought up a Bill, intituled, "An Act for the
further Limitation of the Crown, and better securing
the Rights and Liberties of the Subject;" to which
they desire the Concurrence of this House.
Limitation of the Crown, &c. Bill.
vice lecta est Billa, intituled, "An Act for the
further Limitation of the Crown, and better securing
the Rights and Liberties of the Subject."
ORDERED, That the said Bill shall be read the Second Time on Tuesday next, at Twelve a Clock; and
all the Lords summoned to attend.
E. of Derby takes the Oaths.
William Earl of Derby took the Oaths, and made and
subscribed the Declaration, pursuant to the Statute.
This Day Edward Earl of Orford, delivered his Answer to the Articles of Impeachment of the House of
Commons against him.
Which was read, by the Clerk, as follows; (videlicet,)
E. of Orford's Answer to Articles of Impeachment,
"The Answer of Edward Earl of Orford, to the
Articles exhibited against him by the Knights,
Citizens, and Burgesses, in Parliament assembled, in the Name of themselves, and of all
the Commons of England, in Maintenance of
their Impeachment against the said Earl, for
high Crimes and Misdemeanors supposed to
be committed by him.
"The said Earl, saving to himself all Advantages of
Exception to the said Articles, and of not being prejudiced by any Words or Want of Form in this his
Answer, and saving to him all Privileges and Rights
belonging to him as One of the Peers of this Realm;
for Answer to the said Articles, humbly saith,
"1. To the First Article, That he having for several Years rendered His Majesty his utmost Service
and Duty, as a good and loyal Subject ought to do;
His Royal Majesty was graciously pleased, upon several Occasions, to take Notice of the same; and, out of
His wonted Bounty and of His free Will, was pleased
to give the said Earl Two Grants, One whereof was
a Reversionary Grant for Years, of some Houses,
depending upon a then precedent Estate for about
Nine and Twenty Years; which being a Reversionary
Interest at so great a Distance, although the said Earl
thankfully received the same from His Majesty, as
His Grace and Bounty, yet the same was of no great
Value: And the other of them was a Grant of the
Remainder of a gross Sum, amounting to about Two
Thousand Pounds a Year for Five Years; which are
the only Grants of any Manors, Messuages, Lands,
Tenements, Hereditaments, or Sums of Money whatsoever, which he, or any in Trust for him, hath had
from His Majesty; and which said Two Grants His
Majesty was graciously pleased, after many Years Service, freely to bestow upon him the said Earl, without any Surprize, sinister or indirect Means of the
said Earl in obtaining the same; and which Grants,
he humbly conceives, were not unusual in like Cases;
the accepting whereof, he humbly hopes, was not any
Violation of his Duty, or of any Trust in him the
said Earl reposed.
"2. To the Second Article, the said Earl answereth,
and denieth that he at any Time converted to his
own private Use any public Money, issued to him for
the Service of the Navy; or that he the said Earl
ever procured or had any Privy Seal or Privy Seals,
to discharge him from accounting for the same: But
saith, That he the said Earl did make up, and upon
Oath pass his Accompts, for the Monies imprest to
him for the Service in this Article mentioned, which
Accompt was legally declared and passed, upon very
strict and great Examination, by the Lords Commissioners of the Treasury; and he the said Earl hath his
Quietus est in due Course of Law upon the same.
But the Commissioners of the Victualling-office making
some unusual Objections to Part of the said Accompt,
concerning some Provisions furnished to the Fleet by
the said Earl in the King of Spain's Dominions, although the same were truly and really had and spent
by the Seamen in the Fleet, and paid for by him the
said Earl, and which Objections in like Cases had not
been made, or stood upon, nor could be reasonably
expected; His Majesty was pleased to direct and order
a Privy Seal, to dispense with the Form in that Particular; but the said Earl did make no Advantage to
himself thereby, nor was His Majesty or the Government in the least defrauded therein; it appearing, upon a very strict Examination, that less Rates
were allowed for the said Provisions, than had been
allowed before in like Cases, or, as the said Earl is informed, hath been since allowed: And to the latter
Part of the said Article saith, That, for the Monies
by him received as Treasurer or Receiver General
of the Navy, he hath already delivered in his Accompts, and is ready to perfect the same according to
the ordinary Method, some of them lying ready with
the Auditors to be declared, and the rest of them
being made up, and delivered in to be examined, in
order to be passed; and saith, after just Allowances
had, he does not believe he shall appear to be indebted upon the said Accompts; and also denies that
any Persons are Sufferers for Want of their Dues in
respect of the said Accompts, or that the public
Service is, or hath been, any Ways discouraged or
discredited thereby, as in the said Article is alledged.
"3. To the Third Article, the said Earl answereth, and
denies that he received any Monies whatsoever from
the King of Spain, or any other Person, as in the Article is alledged; and saith, That what Wine, Oil,
or other Provisions, were received from the King of
Spain, or any others, for the Fleet, were duly delivered and distributed amongst the Officers and Seamen thereof; and denies he did convert the same to
his own Use, or did embezzle any of the Provisions,
or reckoned them, or any Part of them, as bought
with the Money allowed for furnishing the Navy
with fresh Provisions; and does also deny that he the
said Earl did enjoy any Offices inconsistent in their
Nature (as he is advised) one with the other, or
which were, or ought to be, Checks one upon the
other; or that he any Ways secured or pretended to
secure himself from rendering any Account to the
Public, by any Office or Offices whatsoever; or that
he is guilty of the Breach of any Laws, to his Knowledge, by executing any Office or Offices, or ever
executing the same, to the Dishonour of His Majesty,
or to the Prejudice of His People, as in the said Article is alledged.
"4. To the Fourth Article, the said Earl answereth, and saith, he believes, that the Prizes taken in
the late War were appropriated as by the Act of
Parliament in that Behalf is provided; but denies
that he did, at any Time, sell or dispose of any Vessel or Vessels, or their Ladings or Cargo, taken, as
or under the Pretence of Prize, by any of His Majesty's Ships of War, without Condemnation or Judicial Proceedings, or converted the Monies arising by
Sale of any Vessel or Vessels, or their Lading or
Cargo, taken, as or under Pretence of Prize, by any
of His Majesty's Ships of War, to his own Use; but,
on the contrary, did, from Time to Time, in his Station, give Orders, that the Prizes taken should be
carefully preserved without Embezzlement, and duly
proceeded against, and the Produce answered as the
Law directs; and therefore humbly insists, that the
Public hath been no Ways endamaged, or the Debts
of the Nation increased, by any Neglect or Default
of the said Earl.
"5. To the Fifth Article, the said Earl saith, That
the East India Company, about the Beginning of
March One Thousand Six Hundred Ninety and Six, did
apply to the Admiralty Board, of which the said Earl
was One, to empower their Ships and Officers to
seize and take all Pirates infesting the Seas within
the Limits of their Charter, and likewise to erect a
Court of Admiralty in those Parts, to try and condemn such Pirates as they should take; upon which
Application, the Board of Admiralty did take Advice,
and were informed they had no Authority to grant
the same; and denies he the said Earl ever discouraged or rejected the Company's Request therein, unless it were by telling them that the Admiralty by Law
could not grant the same; and denies that the Company was ever denied Letters of Marque in common
Form, to the Knowledge of the said Earl: And saith,
as to the Matter of Kidd in this Article mentioned, he
was gone upon his Expedition about Twelve Months
before that Time; and as to his Commission, and the
Grant in the said Article mentioned, the said Earl
humbly conceives, and is advised, the same were not
contrary to Law; but sure he is, the said Expedition
was intended for the public Good and Service; and
saith, the said Kidd had no Powers or Instructions
from the Board of Admiralty, other than the ordinary and common Letters of Marque, the Contents
whereof are common, and well known to Merchants:
And the said Earl doth deny, that he knew the said
Kidd to be of ill Fame and Reputation; but in case
the said Kidd hath committed any Piracies, he the
said Kidd is answerable, and ought to answer for the
same, he never being ordered by the said Earl so to
do; nor had he ever any the least Encouragement
given him by the said Earl, or any other to his knowledge, to expect or hope for any Protection therein,
or in any illegal Action done or committed by him.
"6. To the Sixth Article, the said Earl saith, he
believes it to be true, that there was a horrid and
barbarous Plot and Conspiracy against His Majesty's
Sacred Person, and that there was an Apprehension
of an immediate Invasion, but the said Earl hopes no
Neglect of Duty in his Station can be imputed to
him to prevent the same: And as for the Ship Dutchess, which was, amongst many others, armed and
equipped in Defence of the Realm, the said Earl saith,
That the Men, in the said Article mentioned to be
taken from on board her, were but some of the very
Persons that were just before taken from on board
Captain Kidd, and returned by their own Consent on
board Captain Kidd again, not being above Twenty
in Number; and saith, all Fears of the Invasion were
then over and at an End; and denies that the same
was intended to weaken, or did weaken, the said Ship
or the Navy Royal; or that the said Seamen, so returning on board the said Kidd, were levied or provided at the Expence of the Public; or did return,
or were put on board the said Kidd, against their own
Consent, or to the Prejudice of the public Security;
or that the Ship Dutchess was thereby endangered,
if she had been attacked, as in the said Article is
"7. To the Seventh Article, the said Earl answereth,
and denies that he did, by Misrepresentation or otherwise, obtain or procure a Grant or Order for His Majesty's Ship Dolphin to be employed in a private
Voyage or Undertaking; but what was done therein
was done after the Peace concluded, and by His Majesty's Command, at the Instance and Request of
other Persons, and not of the said Earl, but contrary
to his Opinion; nor was the said Earl any Way concerned in Interest therein, till after His Majesty's
Orders were given about the said Ship; and then,
and not before, some of the Persons concerned in the
said Adventure desired the said Earl to take some
Shares therein (the Number whereof he doth not remember), which the said Earl accordingly did; but
humbly insists, that his Actings therein were not contrary to his Duty, or the Trust in him reposed, or
the Debts of the Nation thereby increased.
"8. To the Eighth Article, the said Earl answereth,
and denies that at any Time, while he commanded
the Navy Royal, he did, through Neglect or Contempt
of Orders, unnecessarily hazard or expose to Danger
the said Navy; and also denies that, upon any Opportunity of taking or destroying the Ships of the
French King, he did, contrary to Advice, or in Disobedience to Orders, neglect to do the same; and
also denies that he did suffer or permit any of the
French King's Ships to return into their own Harbours, when he had Opportunity to prevent the same;
and humbly insists, he is not guilty of any Neglect or
Omission of his Duty herein, nor did expect in this
Particular to be charged therewith, considering his
faithful Services rendered against the French Fleet.
"9. To the Ninth Article, the said Earl saith, he
believes it to be true, that His Majesty hath been
engaged in several Alliances with several Princes, and
particularly with the Emperor in the Year One Thousand Six Hundred Eighty-nine; and that the End of
those Alliances was, to prevent the Growth and Power
of France, and to secure this Kingdom and its Allies;
but the said Earl does deny that he did advise His
Majesty to enter into the Treaty of Partition charged upon the said Earl in this Article; and so far
as the said Earl was any Ways acquainted therewith,
he objected to, and gave his Opinion against, the
"10. To the Tenth Article, the said Earl answereth
and saith, That true it is, His Majesty was pleased to
employ and intrust him in the several Offices and Stations in this Article mentioned for several Years, as
His Majesty's Occasions required, although not for all
the Time in the said Article mentioned; and hopes,
and humbly insisteth upon it, that he the said Earl did,
from Time to Time, according to his Duty and the
Trusts in him reposed, discharge the said Offices and
Employments with Loyalty, Faithfulness, and Zeal
to His Majesty and His People.
"And having thus laid his Case before your Lordships; he the said Earl does humbly insist and
answer to the said Impeachment, and all and
every the Articles aforesaid exhibited against
him, That he is Not Guilty of all or any of
them, or of all or any the Matters or Things
by the said Articles charged, in Manner and
Form as the same are therein and thereby alledged against him; and that the Matters by
him before set forth to be done and transacted, or any of them, were not done or committed by him the said Earl against our Sovereign Lord the King, His Crown or Dignity,
or the Peace or Interest of this Kingdom,
or in Breach of the Trusts reposed in him
the said Earl; and humbly submits himself
herein to your Lordships Judgement.
Articles of Impeachment, &c. Committee to consider of Method of Delivery of:
The Committee appointed to consider of the Manner in delivering Articles of Impeachment by the Commons being revived:
The House was adjourned during Pleasure, and the
Lords went to the Committee.
After some Time, the House was resumed.
And the Earl of Stamford reported, "That they had
inspected the Journals, and find the First Step, after
Answers to Impeachments are delivered, is to send a
Copy thereof to the House of Commons."
E. of Orford's Answer to be copied, and sent to H. C.
Whereupon it is ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That the Answer of Edward Earl of Orford, delivered this Day, to
the Articles of Impeachment depending against him, be
copied, in order to be sent to the House of Commons
To-morrow Morning, by Two Masters of Chancery.
E. of Orford Counsel assigned.
The Earl of Orford having, this Day, delivered in
his Answer, to the Articles of Impeachment against
him, desired that Mr. Dodd and Mr. Pooley might be
assigned Counsel for him, upon his Trial:
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That Mr. Dodd and Mr. Pooley
shall and they are hereby assigned Counsel for the Earl
of Orford, as desired.
Wentworth versus Ld. Raby.
Upon reading the Petition and Appeal of the Honourable Thomas Wentworth Esquire, from several Orders and Reports thereupon made in the Chancery of
Ireland, in a certain Cause there depending, wherein
the said Appellant and others, the Executors of the
Right Honourable William Earl of Strafford, the Appellant's late Uncle, were Complainants, against the Right
Honourable Thomas Lord Raby and Mrs. Anne Wentworth, and others, Defendants; and praying the Reversal thereof:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, When the Lord Raby returns from beyond the Seas, he may have a Copy of
the said Appeal; and do put in his Answer thereunto,
King's Answer to Message about Letters concerning the Meeting of Parliament.
The Lord Chamberlain acquainted the House, "That
he had attended His Majesty, with the Desire of this
House, for the Letters relating to the meeting, sitting, or proroguing of the Parliament; and that the
King had given Leave, that they shall be laid before
this House, when the House shall think fit; that Mr.
Yard had not at present brought them, because there
are other Things in the Letters; but is ready to attend when the House pleaseth:"
Yard to attend with Letters.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, at Twelve
a Clock, Mr. Yard do attend this House with all the Letters sent by Mr. Blathwaite (by His Majesty's Command)
to the Lords Justices (last Summer) concerning the sitting, meeting, or proroguing of the Parliament, and
the Lords Justices Answers thereunto.
House to be called, and absent Lords summoned.
The House being moved, "That Care be taken for
summoning the absent Lords;" and Debate thereupon:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That on Friday next, at
Twelve a Clock, this House shall be called over, and
all the Lords summoned to attend; and that then this
House will resume the Debate concerning summoning
the absent Lords.
Penn et al. versus Colony Bill.
Whereas this Day was appointed to hear Mr. Penn
and others, by their Counsel, against the Bill, intituled,
An Act for re-uniting to the Crown the Government
of several Colonies and Plantations in America:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That they shall be
heard, by their Counsel, on Saturday next, at Eleven
a Clock; and that all Causes and Hearings do come
on in Course afterwards.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis,
(videlicet,) decimum quintum diem instantis Maii, hora
undecima Auroræ, Dominis sic decernentibus.