Jovis, 22 die Maii, 1679.
Tin in Cornwall.
A BILL for appointing certain Times for Coinage of
Tin in Cornwall, was read the Second time.
Resolved, &c. That the Bill be committed, upon the
Debate of the House, to Mr. Boscawen, Sir Francis Drake,
Mr. Papillon, Mr. Reynell, Sir John Coryton, Sir John
Trevor, Sir Nathanael Herne, Mr. Pilkington, Mr. Treby,
Sir Richard Corbett, Sir Wm. Poultney, Mr. Ayliffe, Mr.
Nosworthy, Sir Trevor Williams, Sir John Hewley, Sir
John Carew, Sir John Knight, Mr. Duboyes, Mr. Love,
Mr. Rolle, Sir Gervas Elwes, Mr. Wright, Mr. Guy,
Sir George Downing, Sir Robert Peyton, Sir John Cloberry, Sir Charles Harboard, Sir Henry Ford, Sir Robert
Carr, and all the Members of this House that serve for
the Counties of Cornwall and Devon, and all the Merchants that are Members of this House: And they are
to meet To-morrow at Three of the Clock in the Afternoon, in the Speaker's Chamber.
A Complaint being made of a Breach of Privilege committed upon Sir Wm. Blacket, a Member of this House,
by certain Persons, who entered upon his Possession by
Order of Humphry Wharton Esquire, another Member
of this House;
Ordered, That a Committee be appointed to examine
the Matter of the Complaint; and to state the Matter of
Fact; and to report the same, with their Opinions therein, to the House.
And it is referred to Sir Robert Carr, Sir Anthony Irby,
Mr. Love, Mr. Duboyes, Sir John Hewley, Sir Christopher
Musgrave, Sir John Knight, Mr. Sachaverell, Sir John
Otway, Mr. Papillon, Colonel Titus, Sir John Trevor,
Mr. Williams, Mr. Foley, Sir Robert Clayton, Mr. Swinfen, Mr. William Francklyn, Mr. Reynell, Sir Thomas Stringer, Mr. Lisle, Mr. Boscawen, Sir Robert Peyton, Sir Trevor Williams, Sir Joseph Williamson, Mr. Colt, Sir Edmund
Jennings, Mr. Pilkington, Sir Francis Drake, Sir Gervas
Elwes, Sir John Cloberry, and all the Members that serve
for the Five Northern Counties; viz. The Counties of
Yorke, Northumberland, Cumberland, Westmorland, and
Durham: And they are to meet this Afternoon at Three
of the Clock, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.
Privilege of a Member in a Suit.
A Petition of John Parkhurst Esquire, a Member of
this House, against the said Humphry Wharton Esquire,
complaining that the said Humphry Wharton refuseth to
pay the Ninth Lot of Lead Ore; which he is obliged to
do by virtue of a late Act of Parliament, and a Grant
from the Bishop of Durham to the Petitioner; and that
the same cannot be recovered by Law, by reason the said
Humphry Wharton insists upon his Privilege; and
praying Relief therein; was read.
Ordered, That the said Petition be referred to the
Consideration of the former Committee; to examine the
Matter thereof; and report the same, with their Opinions
therein, to the House.
Leave of Absence.
Ordered, That Sir Walter Ernle have Leave to go
into the Country for Fourteen Days.
Ordered, That Mr. Harford, Lord Scudamore, Mr.
Deane, and Mr. Goodwyn, have Leave to go into the
Ordered, That Mr. Germyn have Leave to go into the
Country till Tuesday next.
Burying in Woollen.
Ordered, That Leave be given to Sir George Downing
to bring in a Bill for the more easy Administring the Oaths
required to be taken by the Act for burying in Woollen.
Conference desired with Lords.
Ordered, That Sir Thomas Clerges do go up to the Lords
to desire a present free Conference with their Lordships,
concerning the Amendments made by their Lordships to
the Bill for the better Securing the Liberty of the Subject,
and for Prevention of Imprisonments beyond the Seas.
Sir Wm. Francklyn reports from the Committee appointed to draw up and prepare a Message to be sent to
the Lords, concerning the Popish Priests condemned in
the Circuit, That the Committee had agreed upon a
Message to be reported to the House: Which he read in
his Place; and afterwards delivered the same in at the
Clerk's Table: Where the same was twice read; and,
upon the Question, agreed; and is as followeth; viz.
THE House of Commons having made an humble Address to his Majesty, That he would please to give
Order to the Judges to issue out their Warrants for the
Executing the several Popish Priests condemned in the
several Circuits; and his Majesty having been graciously
pleased to signify to the House of Commons, That your
Lordships have sent for them, in order, as he conceived,
to some Examinations; and the House of Commons being
also informed, That the said Priests have, by Order from
your Lordships, not only been brought out of the several
Countries where they were condemned, but continued
yet in Newgate, and other Prisons, in or about the Cities
of London and Westminster; by reason whereof the Execution of the Sentence pronounced upon them, is still
delayed; do desire of your Lordships, That the said
Priests may be forthwith remanded to the several Counties where they were condemned, that so they may be
executed according to the Judgments passed upon them.
Lords reminded of an Address.
Ordered, That Sir Wm. Francklyn do carry up the
said Message to the Lords: And do also remind their
Lordships of an Address concerning the Militia; to
which their Lordships have agreed; and which is not yet
presented to his Majesty.
Leave to attend Council Board.
Ordered, That Sir John Darrell have Leave to attend
at the Council Board, to give his Testimony in a Cause
between Sir Richard Beach and Mr. Phineas Pett.
Privilege- Petitions from persons in custody.
A Petition of John Wilson Esquire, setting forth, That,
whereas he is now in Custody of the Serjeant at Arms,
by Order of this House, grounded upon an Information,
That the Petitioner should say, "This Parliament is no
Parliament;" whereof he is in no sort guilty; as he hopes
will appear by a Certificate annexed, under the Hands
of Eight Justices of the Peace, of the North Riding of
the County of Yorke, who were present when the said
Words were supposed to have been spoken; and therefore prays to be restored to his Liberty; was read.
A Petition of Roger Beckwith Esquire, setting forth,
That he is now in Custody, by Order of this House,
grounded upon the like Information, of which he is not
guilty; and hopes his Innocency will appear by the said
Certificate; and therefore prays to be restored to
Liberty; was read.
A Certificate under the Hands of Eight Justices of the
Peace of the North Riding of the County of Yorke, certifying that they were all present at the Sessions at Thirske
the First of May 1679; when John Wilson Esquire, being
demanded to give his Opinion, Whether the Act for Settlement of the Poor, 14 Car. II. which was to continue
to the First Sessions of the next Parliament, was still in
Force; to which he answered, It was doubtful, in regard
the Parliament had not yet made an Act; and is not a
Parliament in Law, because no Record remains of it;
and that neither Mr. John Wilson, nor Mr. Roger Beckwith, did then speak any Words derogatory to the Parliament; was likewise read.
Ordered, That John Wilson and Roger Beckwith
Esquires be discharged from the Custody of the Serjeant
at Arms, paying their Fees.
Irish Cattle, &c.
Ordered, That the Bill for prohibiting the Importation
of Cattle from Ireland, and other Parts beyond the Seas,
and Fish taken by Foreigners, be read a Third time Tomorrow Morning, the first Business.
Complaint against Sir A. Deane, &c.
Mr. Harboard reports from the Committee appointed
to examine into the Miscarriages of his Majesty's Navy,
an Abstract of the Complaint against Sir Anthony Deane,
Mr. Samuel Pepys, and Partners: Which he read in his
Place; and afterwards delivered the same in at the
Clerk's Table: Where the same was again read; and is
as followeth; viz.
That Sir Anthony Deane, Hugh Salisbery, and John
Moore, being all Three Officers of his Majesty's Yard at
Portsmouth, did, in the Year 1673, cause the Hunter Sloop
to be equipped out of his Majesty's Stores there; and, by
the Favour of Mr. Pepys, Secretary to the Admiralty,
procured a Commission of Reprisal for one Captain Moon,
to whom they gave the Command of the said Vessel: And
accordingly the said Moone did perfect his Indenture with
his Majesty's Storekeeper of the said Yard; and signed a
Bond of a Thousand Pounds, acknowledging the Persons
above-named to be Owners of the said Vessel; and to be
accountable to them for such Prizes as he should take.
That the said Captain Moone sailed with the said Vessel
to Dover; and there received a Letter from Sir Anthony
Deane, directing him to sail with the said Vessel to Dunkirke or Calice, and get her made free of one of those
Places; and there likewise to get a Commission from the
French King against the Dutch; and that what Money
he should expend in the Doing thereof, Sir Anthony
Deane would repay him.
That Captain Moone being sensible of the Injustice of
the said Design, refused to take the Command of the
said Vessel any longer; and laid her up at Dover: That
the said Captain Moone, being shortly after at Dunkirke,
did see the Hunter Sloop aforesaid, then commanded by
Captain Thomas Swayne, bring up there the Catharine of
London as Prize, having taken and seized on her at Sea,
notwithstanding she was a free Ship of England, and
belonged to his Majesty's Subjects; of which the said
Captain Moone gave a present Account to the Merchants
of London, Owners and Freighters of the said Catharine,
by the Packet Boat at Calice.
That during his being at Calice, there came over one
Belthazer St. Michell in One of his Majesty's Yachts,
One of the Owners of the said Ship Hunter, and his
Majesty's Prizemaster at Deale, in order to his taking his
Journey to Paris; with Instructions and Letters: One
of which was from the French Ambassador, to get the
said Ship Catharine condemned as Prize, notwithstanding that he knew, That it had been proved before his
Majesty and Council, That the said Ship belonged to his
Majesty's Subjects; and that his Majesty had writ to his
Ambassador in France to use his Interest and Credit in
that Court, to get the said Ship the Catharine discharged,
and restored to his Subjects, to whom she belonged.
That the said St. Michell prevailed accordingly at the
French Court, and got the said Ship and Goods reseized; which, by the Interposition of his Majesty's
Ambassador, had been adjudged by the French Admiralty to belong to his Majesty's Subjects; and an Order
granted for the Discharging of her accordingly.
That the said Captain Moone, after he had quitted the
Command of the said Hunter Sloop, heard Thomas Swayne,
then Commander of her, say, That he received his
Provisions for the Victualling of the said Sloop from his
Majesty's Victualler at Dover.
That the said Captain Moone, being Master of a small
Vessel, and coming in her laden for Spaine, and being
bound for Rotterdam, put in at the Cowes, where Sir Anthony Deane and John Moore, aforesaid, caused him to be
pressed, to be Pilot of the Norwich Frigate: Where he
continued accordingly on board for the Space of Eight
Days, till by Two Boats he was carried on Shore by Violence; and there, by the Soldiers of that Garison, carried
to Prison; where the said Sir Anthony Deane laid an Action
of Two thousand Pounds upon him: And, within half
an Hour after his coming into the said Prison, the Gaoler
clapt an Iron Shackle, rivetted in with a Clinch Hammer,
on his Right Leg, which said Irons, being very streight,
caused his Leg to swell so much; that he grew lame all of
his Right Side, and was forced to go on Crutches for the
Space of Five Months: And, after having continued Six
Months in the said Gaol, he was removed thence by a
Habeas Corpus into the King's Bench; where he remained
for the Space of Three Years, till discharged by the Act
of Parliament. And it appears plainly, not only by the
Petition presented to this House, of Mr. Samuel Lamott,
Francis Terrence, Joas Bateman, and divers other Merchants of London, and by the State of their Case, both
which they have acknowledged to be true at the Bar of
the House; but also by their Petitions to his Majesty in
Council, setting forth That Matter; and the several Orders
and Directions his Majesty, out of his great Goodness, and
Justice to his Subjects, was pleased to grant thereupon
from time to time; not only condemning the piratical
Proceedings and Actings of the said St. Michell, Captain
Swayne, and Accomplices, for which the said St. Michell
was accordingly committed to the Tower; but by his Directions to his Ambassador in France, to get the said Ship
and Goods released and restored to the said Merchants;
which was accordingly done: Which said piratical Proceedings was to the Damage to the Owners and Merchants,
to the Value of Five thousand Pounds; and might have
been the Occasion of a War betwixt his Majesty and the
States General; it being directly contrary to the Articles
of Peace made betwixt them.
That the said Mr. Pepys and Sir Anthony Deane did, in
Conspiracy together, cause divers Maps and Sea Journals
to be made: One of them mentioning Captain Mundon's
Voyage to St. Elena, some Draughts of his Majesty's bestbuilt Ships, and some Models of Ships; and Fourteen
Sheets of Paper closely written, containing an Account, In
what Manner the Navy and Admiralty were governed in
England; as also the Number of the King's Ships,
their several Ages, and their Condition; as also divers
other treasonable Matters; making, first a full Discovery
of the State and Condition of his Majesty's Navy, How
and by what Means many of the English Seamen may be
drawn into the French Service; the Weakness of those
Places where his Majesty's said Ship .. usually lie; the great
Want of Stores; and a Description of our principal Rivers; and of our several Forts, Garisons, and of the Isle
of Wight: All which said Maps, Journals, Models, and
Descriptions aforesaid, the said Sir Anthony Deane is accused to have carried over into France with him in the
Year 1675; and to have delivered to the Marquis of Signelays the Secretary of the Admiralty in France, in order
to the carrying on their detestable Design and Plot contrived by the Papists for the Destruction of his Majesty's
Royal Person, Overthrowing of the Laws of this Realm,
and Extirpation of the Protestant Religion in all Probability; it appearing by some Examinations taken by the
Committee to whom this Matter was referred, That the
said Mr. Pepys is either a Papist himself, or a great Favourer of that Party; as appeareth at large, by the several
Informations, to which the Committee refer themselves.
Lords agree to Conference.
Sir Thomas Clerges acquaints the House, That the Lords
had agreed to a present free Conference in the Painted
Chamber, concerning the Amendments to the Bill for
securing the Liberty of the Subject; and for Prevention
of Imprisonments beyond the Seas.
Ordered, That the Members that managed the last
Conference had with the Lords touching the said Amendments, do attend, and manage this Conference.
Impeachment of Earl Danby, &c.
Ordered, That a Committee be appointed to inspect
the Lords Journals, and take an Account thereout, of all
Proceedings relating, as well to the Impeachment against
the Earl of Danby, as the Impeachments against the other
Lords in the Tower.
And it is referred to Mr. Foley, Mr. Swinfen, Mr. Boscawen, Sir John Hewly, Sir Robert Peyton, Mr. Hamden,
Sir Richard Cust, Sir Wm. Coventry, Mr. Beach, Sir
Richard Head, Sir John Mallett, or any Three of them;
and to give an Account thereof to the House To-morrow
Ordered, That a Committee be appointed to inspect
the Journals of this House, and take an Account thereout, of all Proceedings relating as well to the Impeachment against the Earl of Danby, as the Impeachment
against the other Lords in the Tower.
And it is referred to Mr. Papillon, Sir Cris. Musgrave,
Mr. Trenchard, Sir Edward Deering, Mr. Duboyes, Sir
Robert Peyton, Sir John Mallet, Sir Tho. Littleton, Mr.
Sachaverell, Sir Francis Russell, Serjeant Seys, Serjeant
Rigby, Sir John Knight, Sir Francis Drake, Major Bremen, or any Three of them; and to give an Account
thereof to the House To-morrow Morning.
Message respecting Trials of Earl Powys, &c.
A Message from the Lords, by Sir John Coell and Sir
Mr. Speaker, The Lords have commanded us to acquaint you with an Order of their House; viz.
"Die Martis, 20 Maii, 1679."
"It is this Day ordered, by the Lords Spiritual and
Temporal, in Parliament assembled, That Tuesday next,
being the Twenty-seventh Day of this Instant May, be
appointed for the Tryal of the Five Lords now Prisoners
in the Tower; viz. William Earl of Powys, William Viscount Stafford, William Lord Petre, Henry Lord Arundell
of Wardour, and John Lord Bellasis."
King appoints to be attended.
And also to acquaint this House, That his Majesty had
appointed Three of the Clock, To-morrow in the Afternoon, for both Houses to attend him, in the Banqueting
House, with the Address concerning the Militia.
Complaint against Sir A. Deane, &c.
The House then took into Consideration the Report
this Day made of the Complaint against Sir Anthony
Deane, and Mr. Pepys.
Captain Moone being called in to the Bar of the House,
did own a Letter which he received from Sir Anthony
Deane; which was read to the House: And also an Inventory of the Tackle, Goods, and Apparel, delivered
on board the Hunter Sloop; which was likewise read to
Committed to the Tower.
Ordered, That Sir Anthony Deane and Mr. Samuel
Pepys be sent to the Prison of the Tower: And that Mr.
Speaker do issue out his Warrants accordingly.
Ordered, That Mr. Attorney General be directed forthwith to prosecute Sir Anthony Deane, Mr. Samuel Pepys,
Mons. St. Michell, John Moore, Captain Thomas Swaine,
and Francis Watson, for the Crimes objected against
them: And that Mr. Harbord do acquaint Mr. Attorney
General with the Evidence relating thereunto.
Message to be considered.
Ordered, That this House will, To-morrow Morning
at Eight of the Clock, take into Consideration the Message this Day sent from the Lords.
Impeachment of Earl Powys, &c.
Ordered, That the Committees appointed to inspect the
Journals of the Lords, and the Journals of this House,
touching the Proceedings upon the Impeachments against
the Lords in the Tower, do also take an Account thereout
of the Proceedings of the Bill against the Earl of Danby.
And then the House adjourned till To-morrow
Morning, Seven of the Clock.