House of Commons Journal Volume 10
23 May 1689

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1802

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'House of Commons Journal Volume 10: 23 May 1689', Journal of the House of Commons: volume 10: 1688-1693 (1802), pp. 144-150. URL: http://british-history.ac.uk/report.aspx?compid=28834 Date accessed: 22 October 2014.


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Jovis, 23 die Maii ; 1° Willielmi et Mariæ.

Prayers.

Titus Oates.

A PETITION of Titus Oates, D. D. was read; setting forth, That, in 1678, he discovered a horrid Popish Conspiracy against the late King Charles and his present Majesty and the Protestant Religion; of which several Parliaments and Courts of Justice declared their Belief therein, by the Proofs the Petitioner so fully made thereof; for which Reason, and because he could not be prevailed with to desist in his Discovery, the Jesuits and Papists pursued him with an implacable Malice, suborning Witnesses to accuse him of capital Crimes: But, being defeated in that Attempt, they procured King Charles to withdraw that Protection and Subsistence his Majesty, at several Parliaments Request, had allowed him; and instigated the then Duke of Yorke to prosecute the Petitioner in an Action of Scandalum Magnatum, for speaking this notorious Truth; viz. "That he, the said Duke of York, was reconciled to the Church of Rome; and that it is High Treason to be so reconciled;" wherein a Verdict and Judgment was obtained for One hundred thousand Pounds, and the Petitioner committed to the King's Bench: That, after this, they obtained Leave from the King to prefer Two several Indictments against him, for Two pretended Perjuries in his Evidence concerning the Conspiracy: Which they brought to Trial in the Reign of King James the Second, where the Petitioner was, upon the Evidence of those very Witnesses who had confronted him at Three former Trials, and were disbelieved, and through the Partiality of the late Lord Jeffryes, convicted of the said pretended Perjuries; and received this unparallelled Sentence; viz. To pay to the King Two thousand Marks; to be divested of his canonical Habit; to be brought into Westminster Hall with a Paper on his Head, having this Inscription, "Titus Otes, convicted, on full Evidence, of Two horrid Perjuries;" to stand in and upon the Pillory, Two several Days, for the Space of an Hour; and to be whipt, by the common Hangman, from Aldgate to Newgate on Wednesday; and to be whipt again, on the Friday following, from Newgate to Tyburn; to stand in and upon the Pillory Five Times in every Year of his Life; and to remain a Prisoner during his Life: All which was accordingly executed with all Barbarity, upon the Petitioner; lying Ten Weeks under the Surgeon's Hands: But that some of them afterwards got into his Chamber, whilst weak in Bed; and attempted the pulling the Plaisters applied for the Cure of his Back; and threatned to destroy him; procuring him to be loaded with Irons of excessive Weight for a whole Year, even when his Legs were swoln with the Gout; and to be shut up in the Dungeon; whereby he became impaired in his Limbs, and contracted Convulsion Fits, and other Distempers, to the Hazard of his Life: That, after all such illegal Proceedings upon him, he hopes this House will vindicate the Proceedings of former Parliaments, and raise him from the low Condition his long and expensive Imprisonment hath reduced him to: And prayed the Consideration of the House, and that they would recommend him to his Majesty's Royal Protection and Bounty, or to give him such other Redress, as to them shall seem meet.

Ordered, That the said Mr. Otes, and his Counsel, be heard at the Bar of this House this Day Sevennight in the Forenoon.

Provision for wounded Seamen.

Ordered, That Sir Richard Onslow, Sir Matth. Andrews, and the Lords Commissioners of the Admiralty, be added to the Committee to whom it is referred to consider how a Provision may be made for such Seamen as are or shall be wounded in their Majesties Service; and for the Wives and Children of such as are or shall be slain therein.

Fitzharris's Case.

Ordered, That Sir Walter Young, Alderman Thomson, Mr. Papillion, Mr. Ash, Sir Wm. Ashurst, be added to the Committee appointed to examine the Case of Mrs. Fitzharris; and to report the same to the House.

Irish Protestants.

Sir Joseph Tredenham acquaints the House, That he was directed by the Committee to whom it was referred to prepare an Address to his Majesty relating to the Irish Protestants, to move, That it may be an Instruction to the said Committee, in the preparing the said Address, to pray his Majesty, That he will be pleased to appoint some other Fund for the Relief of Irish Protestants, in case the Funds already resolved on shall fail to answer their pressing Necessities, according to the List of Contribution agreed on for that Purpose.

And the Question being put, That it be given as an Instruction to the said Committee accordingly;

The previous Question was put, that That Question be now put;

The House divided.

The Noes go forth.

Tellers for the Yeas, Sir Jos. Tredenham, 51.
Sir Tho. Dyke,
Tellers for the Noes, Mr. Palmes, 44.
Mr. Papillion,

So it was resolved in the Affirmative.

And the main Question being put;

Resolved, That it be an Instruction to the said Committee, That, in preparing the said Address, they do pray his Majesty, That he will be pleased to appoint some other Fund for Relief of the Irish Protestants, in case the Funds already resolved on shall fail to answer their pressing Necessities, according to the List of Contribution agreed on for that Purpose.

Ordered, That the Names of such of the Irish Nobility and Gentry as desire Relief, with their Additions, and Places of Abode, be printed.

Leave of Absence.

Ordered, That Mr. John Hobby have Leave to go into the Country, for a Week.

Mr. Baldwyn reports from the Committee to whom the Bill . . . was referred, That the Committee had thought fit to make several Amendments to the Bill: Which he read in his Place; with the Coherence; and afterwards delivered in the same at the Clerk's Table: Where they were Once read throughout; and afterwards, a Second time, one by one; and, upon the Question severally put thereupon, agreed to by the House.

Ordered, That the Bill, so amended, be ingrossed.

Supply Bill; Land Tax.

A Bill for granting a Subsidy to their Majesties, was read the First time.

Resolved, That the Bill be read a Second time To-morrow Morning.

Orphans of London.

Resolved, That the House do, on Saturday Morning next, resolve itself into a Committee of the whole House, to consider of the Bill for the Relief of the Orphans of the City of London.

Suspending Habeas Corpus.

A Bill impowering his Majesty to apprehend and detain such Persons as he shall find just Cause to suspect are conspiring against the Government, was read the First time.

Resolved, That the Bill be read a Second time To-morrow Morning.

Arundell Building Ground.

A Message from the Lords, by Sir Miles Cooke and Mr. Methwyn;

Mr. Speaker, The Lords have passed a Bill, intituled, An Act for the Building into Tenements the remaining Part of Arundell Ground, as now inclosed; to which they desire the Concurrence of this House.

And then the Messengers withdrew.

Exceptions in Act of Indemnity.

Sir Thomas Littleton, according to the Order of the * Instant, reports from the Committee of the whole House, to whom it was referred to consider of Heads for a Bill of Indemnity, That the Committee had agreed upon several Heads, which they had directed him to report to the House: And he read the same in his Place; and afterwards delivered them in at the Clerk's Table: Where they were read; and are as followeth; viz.

1. Resolved, That it is the Opinion of this Committee, That the Asserting, Advising, and Promoting of the Dispensing Power, and Suspending of Laws, and Execution of Laws, without Consent of Parliament, as it has been lately exercised, and the acting in pursuance of such pretended dispensing Power, is One of the Crimes for which some Persons be excepted out of the Bill of Indemnity; for the Safety, Settlement, and Wellare of the Nation for the future; and the Vindication of publick Justice.

2. Resolved, That it is the Opinion of this Committee, That the Commitment and Prosecution of the Seven Bishops be another Crime, for which some Persons be excepted out of the Bill of Indemnity.

3. Resolved, That it is the Opinion of this Committee, That the Advising, Promoting, and Executing the Commission for erecting the late Court for Ecclesiastical Causes, be another Crime, for which some Persons be excepted out of the Bill of Indemnity.

4. Resolved, That it is the Opinion of this Committee, That the Advising the Levying Money, and the Collecting the same, for and to the Use of the Crown, by Pretence of Prerogative, for other Time, and in other Manner, than the same was granted by Parliament, be another Crime, for which some Persons be excepted out of the Bill of Indemnity.

5. Resolved, That it is the Opinion of this Committee, That the Advising the raising and keeping up a Standing Army in the Time of Peace, without Consent of Parliament, and the Quartering of Soldiers, be another Crime, for which some Persons be excepted out of the Bill of Indemnity.

6. Resolved, That it is the Opinion of this Committee, That the Advising, Procuring, Contriving, and Acting in the surrendering Charters, and in the Alteration and Subversion of Corporations, and in procuring new Charters; and the violating the Rights and Freedoms of Elections to Parliament in Counties, Cities, Corporations, and Boroughs and Ports; and the Questioning the Proceedings of Parliament out of Parliament, by Declarations, Informations, or otherwise; are Crimes, for which some Persons shall be excepted out of the Bill of Indemnity.

7. Resolved, That it is the Opinion of this Committee, That undue Constructions of Law, and the undue and illegal Prosecutions and Proceedings in capital Cases, are other Crimes, for which some Persons shall be excepted out of the Bill of Indemnity.

8. Resolved, That it is the Opinion of this Committee, That the undue Returns of Juries, and other illegal Proceedings in Civil Causes, are other Crimes, for which some Persons shall be excepted out of the Bill of Indemnity.

9. Resolved, That it is the Opinion of this Committee, That the requiring excessive Bail, imposing excessive Fines, giving excessive Damages, and using undue Means for levying such Fines and Damages, and inflicting cruel and unusual Punishments, are other Crimes, for which some Persons shall be excepted out of the Bill of Indemnity.

10. Resolved, That it is the Opinion of this Committee, That the Advising King Charles the Second, and King James the Second, by some of their Judges and Counsel, That Parliaments need not be called according to the Statutes, is a Crime, for which some Persons shall be excepted out of the Bill of Indemnity.

The First of the said Resolves being read a Second time;

An Amendment was proposed to be made therein, by adding, after the Word "Persons," these Words, "may justly:" And, upon the Question put thereupon, the same was agreed unto by the House.

Resolved, That the House doth agree with the Committee in the said Resolve, so amended, That the Asserting, Advising, and Promoting of the Dispensing Power, and Suspending of Laws without Consent of Parliament, as it has been lately exercised; and the Acting in pursuance of such pretended Dispensing Power; is one of the Crimes, for which some Persons may justly be excepted out of the Bill of Indemnity; for the Safety, Settlement, and Welfare of the Nation for the future; and the Vindication of publick Justice.

The Second of the said Resolves being read a Second time;

An Amendment was proposed to be made therein, by adding, after the Word "Persons," these Words, "may justly:" And upon the Question put thereupon, the same was agreed unto by the House.

Resolved, That the House doth agree with the Committee in the said Resolve, so amended, That the Commitment and Prosecution of the Seven Bishops be another Crime, for which some Persons may justly be excepted out of the Bill of Indemnity.

The Third of the said Resolves being read a Second time;

An Amendment was proposed to be made therein, by adding, after the Word "Persons," these Words, "may justly:" And, upon the Question put thereupon, the same was agreed unto by the House.

Resolved, That the House doth agree with the Committee in the said Resolve, so amended, That the Adviseing, Promoting, and Executing the Commission for erecting the late Court for Ecclesiastical Causes, be another Crime, for which some Persons may be justly excepted out of the Bill of Indemnity.

The Fourth of the said Resolves being read a Second time;

An Amendment was proposed to be made therein, by adding, after the Word "Persons," these Words, "may justly:" And, upon the Question put thereupon, the same was agreed unto by the House.

Resolved, That the House doth agree with the Committee in the said Resolve, so amended, That the Advising the levying Money, and the Collecting the same for and to the Use of the Crown, by Pretence of Prerogative, for other Time, and in other Manner, than the same was granted by Parliament, be another Crime, for which some Persons may justly be excepted out of the Bill of Indemnity.

The Fifth of the said Resolves being read a Second time;

An Amendment was proposed to be made therein, by adding, after the Word "Persons," these Words, "may justly:" And, upon the Question put thereupon, the same was agreed unto by the House.

Resolved, That the House doth agree with the Committee in the said Resolve, so amended, That the Advising the raising and keeping up a Standing Army in the Time of Peace, without Consent of Parliament, and the Quartering of Soldiers, be another Crime, for which some Persons may justly be excepted out of the Bill of Indemnity;

The Sixth of the said Resolves being read a Second time;

An Amendment was proposed to be made therein, by adding, after the Word "Corporations," the Words "Boroughs and Ports;" and, after the Word "Persons," leaving out the Word "shall;" and, instead thereof, inserting "may justly:" And, upon the Question severally put thereupon, the same were agreed unto by the House.

Resolved, That the House doth agree with the Committee in the said Resolve, so amended, That the Advising, Procuring, Contriving, and Acting in the surrendering Charters, and in the Alteration and Subversion of Corporations, and in procuring of new Charters; and the Violating of the Rights and Freedoms of Elections to Parliaments, in Counties, Cities, Corporations, Boroughs, and Ports; and the Questioning the Proceedings of Parliament out of Parliament, by Declarations, Informations, or otherwise; are Crimes, for which some Persons may be justly excepted out of the Bill of Indemnity.

The Seventh of the said Resolves being read a Second time;

An Amendment was proposed to be made therein, by leaving out after the Word "Persons," the Word "shall;" and, instead thereof, inserting "may justly:" And, upon the Question severally put thereupon, the same was agreed unto by the House.

Resolved, That the House doth agree with the Committee in the said Resolve, so amended, That undue Constructions of Law, and the undue and illegal Prosecutions and Proceedings in capital Cases, are other Crimes, for which some Persons may justly be excepted out of the Bill of Indemnity.

The Eight of the said Resolves being read a Second time;

An Amendment was proposed to be made therein, by leaving out, after the Word "Persons," the Word "shall;" and, instead thereof, inserting "may justly:" And, upon the Question put thereupon, the same was agreed unto by the House.

Resolved, That the House doth agree with the Committee in the said Resolve, so amended, That the undue Returns of Juries, and other illegal Proceedings in Civil Causes, are other Crimes, for which some Persons may justly be excepted out of the Bill of Indemnity.

The Ninth of the said Resolves being read a Second time;

An Amendment was proposed to be made therein, by leaving out, after the Word "Persons," the Word "shall;" and, instead thereof, inserting "may justly: And, upon the Question severally put thereupon, the same was agreed unto by the House.

Resolved, That the House doth agree with the Committee in the said Resolve, so amended, That the requiring excessive Bail, imposing excessive Fines, giving excessive Damages, and using undue Means for levying such Fines and Damages, and inflicting cruel and unusual Punishments, are other Crimes, for which some Persons may justly be excepted out of the Bill of Indemnity.

The Tenth of the said Resolves being read a Second time;

An Amendment was proposed to be made therein, by leaving out, after the Word "Persons" the Word "shall;" and, instead thereof, inserting "may justly:" And, upon the Question severally put thereupon, the same was agreed unto by the House.

Resolved, That the House doth agree with the Committee in the said Resolve, so amended, That the advising King Charles the Second, and King James the Second, by some of their Judges and Counsel, That Parliaments need not be called according to the Statutes, is a Crime, for which some Persons may justly be excepted out of the Bill of Indemnity.

Charges against Graham and Burton.

Sir Thomas Littleton then acquainted the House, That he was directed by the Committee to move the House, That Major Wildman, the Chairman of the Committee who were appointed to examine and inspect the Accompts, in the Hands of Mr. Auditor Done, of all such Sums of Money as have been paid out of the Exchequer to Mr. Graham and Mr. Burton, or either of them, for Prosecution of Law-suits; and to make their Report thereof, with their Opinions therein, to the House; and to examine the Cases of Mr. Graham and Mr. Burton, and the other Prisoners in the Tower, Newgate, and Gatehouse; and report the same to the House; might make his Report from the said Committee, of all Commissions, Dispensations, and other Papers in . . . Hands, relating to the Head which concerns the Dispensing Power, and the Ecclesiastical Commissions.

Resolved, That Major Wildman do make his Report accordingly.

Major Wildman reports from the Committee appointed to inspect and examine the Accounts in the Hands of Mr. Auditor Done, of all such Sums of Money as have been paid out of the Exchequer to Mr. Graham and Mr. Burton, or either of them, for Prosecution of Law-suits; and to make their Report thereof, with their Opinions therein, to the House; and to examine the Cases of Mr. Graham and Mr. Burton, and the other Prisoners in the Tower, Newgate, and Gatehouse; and report the same to the House; That they, having examined into the Matters aforesaid, had directed him to make a Report thereof to the House: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being read, is as followeth; viz.

That the Committee demanded and received of Mr. Auditor Done, the Accompts of Mr. Graham, and Mr. Burton, that were in his Hands: And that they had inspected and examined the same (which said Accompts began in the Year 1679, and end in the Year 1688); and find that the said Mr. Burton hath charged himself severally, to have received out of the Exchequer, for Prosecution of Law-suits, and other Payments by him made, the Sum of 42,116l. 9s. 6d.: But Sir Robert Howard's Accompts chargeth him with 42,616l. 9s. 6d.: So that Mr. Burton's Charge of himself falls short of the Charge in the Exchequer the Sum of 500l. He also chargeth himself, in the said Accompts, to have received of Mr. Guy, for the like Uses, the Sum of 1,438l. 10d. So that the Total of the Receipts acknowledged by the said Mr. Burton in the said Accompt, is 43,554l. 10s. 4d.; And the Total of the said Mr. Burton's Discharge is 43,522l. 19s. 2d.: Whereby it appears, the said Mr. Burton is Debtor to the King 531l. 11s. if all his Payments alledged should be allowed to him.

That the Committee also finds, by the said Accompts, That the said Mr. Burton and Mr. Graham charge themselves therein jointly, with Receipts from the Exchequer, 4,671l. 4s. 6d.

That they do also find, That the said Mr. Burton and Mr. Graham do jointly accompt for 6,935l. 14s. 6d.; which is alledged, in the said Accompts, to be paid by Mr. Burton to Mr. Graham, out of the Monies charged upon the several Accounts to Mr. Burton.

And that they further charge themselves jointly, to have received of Mr. Guy 100l. and of John Hamden, Esquire, by his Majesty's Direction, 339l. 2s. 8d.; and, in like manner, of Mr. Cornish, 346l. 11s. 10d.: And they further charge themselves to have received, of Mr. Ward, the Sum of 50l.; and of Sir Robert Peynton's Tenants 24l.: So that the Total of their joint Receipts amount to 12,466l. 13s. 6d.

And that, by their joint Accompt, they alledge to have paid about Law-suits, the said full Sum of 12,466l.; with an Overplus of 1,300l. and upwards: But they do not acknowledge the 600l. charged upon them by Sir Robert Howard, to be paid to them the 5th of January 1686, in Reward for Prosecuting Colonel Whitley and the Lord Oswelston, over and above Three yearly Salaries.

That the Committee find, by the said Accompts of Mr. Burton and Mr. Graham, That they alledge to have paid most of the said Monies, severally and jointly received, to Witnesses, Jurors, Solicitors, Counsel, and to themselves and other Persons, in their Prosecutions of Indictments, Informations, Trials of Persons, in capital and other pretended criminal Cases; and in Quo Warranto's against Corporations and other Proceedings in the Names, and on the Behalf, of the late King's.

That, for Instance, in their prosecuting, for pretended constructive Treasons, Wm. late Lord Russell, Algernoon Sidney, Esquire, Sir Thomas Armstrong, Charles Lord Brandon, Lord Delamere, John Hamden, Esquire, and Alderman Henry Cornish, and divers others; and in their prosecuting, upon Information, for supposed Misdemeanors, and Crimes not capital, Sir Samuel Barnardiston, Sir Pat. Ward, Sir Tho. Pilkington, Slingsby Bethell, Esquire, Sir Wm. Williams, Mr. Sam. Johnson, Dr. Titus Otes, and many others (wherein the Committee thinks fit to acquaint this honourable House with some few of the many exorbitant Expences pretended by the said Graham and Burton, in their said Accompts of the said Prosecutions; and also, some other Enormities appearing therein); That they do pretend to have spent in prosecuting, for their Lives, the Lord Delamere, 535l. 6s. 5d.; of John Hamden Esquire, 527l. 1s. 6d.; of Alderman Cornish, 346l. 11s.; of Mr. Hayes, for pretended Correspondence with Sir Thomas Armstrong, 232l. 7s. 4d.: And they alledge to have spent, in prosecuting for pretended Misdeameanors, of the Earl of Devonshire, 218l. 2s. 5d.; Sir Sam. Barnardiston, 717l. 3s. 4d.; Sir Thomas Pilkington, 264l. 7s. 10d.; Mr. Sam. Johnson, 181l. 16s. 4d.; Dr. Otes, 3,037l. 9s. 6d. and in prosecuting the Lords the Bishops that refused to allow of the King's Dispensing Power, 183l. 1s.: They do also alledge to have spent, in prosecuting a Quo Warranto against the City of London, 1,000l. 14s. 2d.; and in prosecuting, at one time, above Eighty Corporations, 1,197l. 9s. 8d.; besides many other considerable Sums, said to be laid out by them, for Quo Warranto's against many other Corporations.

That the Committee did further observe, from the said Accompt, That there is therein alledged to be paid several Sums of Money in their Prosecutions of pretended Criminals, contrary to the Laws of the Land: The said Accompts alledging sometimes Three, and sometimes Five Guineas apiece, given to Middlesex Juries; and to be spent upon them, sometimes 25l. sometimes 40l. and sometimes 50l.; besides unwarrantable Fees to Sheriffs, and Masters of Offices, about Juries.

That the Committee did also observe, That there is pretended, in the said Accompts, to be retained in the Prosecuting of Subjects, an unmeasurable Number of Counsel, there being great Fees set down in some Cases, for Eight; and in others, for Ten or Eleven Counsel.

That the Committee did also observe, further in the said Accompts, That there is great Expences charged therein, for Defence of several Persons against the Suits and Actions of their Fellow Subjects, for Wrongs and Damages done to them, in favour of the Designs of the late King, for arbitrary Power and Popery; particularly in the Case of Sir John Moore, when many Actions were brought against him by the Citizens of London, for the Wrong done them in the Election of their Sheriffs; as also when Actions were brought against him by Mr. Papillion and Mr. Dubois, for refusing to swear them Sheriffs: And, in like manner, That there is charged, in the said Accompts, the Expences of defending Sir Thomas Grosvenor against the Suit of the Earl of Macclesfield, for great Scandals and Abuses done to him. But the several Enormities appearing in the said Accompts are too many to be particularized.

The Committee hath also carefully examined divers Writings concerning the said Mr. Burton and Mr. Graham; particularly Mr. Hauses: Who saith, He was recommended to the King by Sir Roger Lestrange, to be an Assistant to the said Burton and Mr. Graham, in Prosecution of Doctor Oates; and ordered, by the King, to take all his Instructions, and follow the Advices therein of the said Sir Roger Lestrange: And he saith, He was employed to attend, together with them, at several Consults with Counsel, about the Manner of prosecuting the said Mr. Oates; the said Sir Roger Lestrange giving Directions for the sending for the several Witnesses; and first himself examining them; save only, that the Lord Castlemain procured Six St. Omer's Witnesses, to be examined beyond the Seas, and then sent over to England; and their several Depositions shewed to them by Sir Roger Lestrange. And the said Hauses further saith, That when the Depositions of one of the said Witnesses was shewed to him, he said, He would not make Oath of the said Matter of Fact again; but he believed, they were true, because he had sworn to them. And it was further testified in the Examination of Mr. Crag, that the said Mr. Burton and Mr. Graham did endeavour to procure Accusations against divers of the Subjects; and solicited him to give Information against the Earl of Macclesfeild, the Lord Delameere, and Major Wildman; they promising, if he would give Information against them, he would receive a very great Reward; that he should be released and acquitted, and have 100l. Quarterly paid him: But, he refusing to swear falsly against them, was made a close Prisoner in Newgate without Fire or Candle Forty Weeks.

It was further testified, by Mr. Aaron Smith, That the said Mr. Burton and Mr. Graham solicited and prosecuted Mr. Stephen Colledge, at Oxford, for pretended High Treason; and, together with the Attorney General, denied the said Mr. Colledge a Copy of his Jury; with threatning Words to the said Mr. Smith, for desiring the same for him: And that, by their Prosecution, the said Colledge was denied the Use of his own Papers in his Trial, and several other known Benefits of the Law; and was condemned and executed.

That there are several other Witnesses concurring with the Accounts of the said Graham and Burton, to make it manifest, That they severally and jointly were instrumental in most, or all, the illegal Prosecutions, for the taking away the Lives and Estates of most that have suffered Loss of Life or Fortune, within Eight Years last passed.

And, that it is the Opinion of the Committee, That they have, by their malicious Indictments, Informations, and Prosecutions of Quo Warranto's, openly endeavoured the Subversion of the Protestant Religion and the Government of this Realm, and wasted many Thousand Pounds of the public Revenue thereof, in their undue Prosecutions, and Solicitations.

Charges against Lord Jeffryes.

The Committee had considered the Case of the late Lord Chancellor Jeffryes, whose Commitment to the Tower is as followeth; viz.

WE the Peers of this Realm, being assembled with some of the Privy Council, do hereby Will and Require you to take into your Custody the Body of George Lord Jeffryes (herewith sent unto you); and him to keep safe Prisoner, until further Order: For which this shall be sufficient Warrant. Council Chamber in Whitehall, the 12th of December 1688.

Halifax, Vaughan, Carbery, Kent, Aylesbury, North and Grey, Anglesey, Rochester, Mulgrave, Carlisle, Berkley, Nottingham, Sussex, Crewe, P. Winchester.

To the Right honourable Lord Lucas, Chief Governor of the Tower of London.

And, in regard, there is no Crime expressed in the said Commitment, they first had Recourse to the Notoriety of his Crimes, known almost to the whole Kingdom, and the Evidence of them by Records and Commissions, or Patents extant under the Great Seal of England.

That they find it to be notorious, That he was instrumental in the undue and illegal Prosecution, Condemuation, and Death of William late Lord Russell, Algernoon Sidney, Esquire, Mr. Fitzharris, Mr. Stephen Colledge; and that, contrary to the Law, he awarded and procured the Execution of Sir Thomas Armstrong, as a Traitor, without Trial for any Crime whatsoever, though a legal Trial was demanded of him: And it is expressly declared, by the Accounts of Mr. Graham and Mr. Burton, before-mentioned in this Report, That the said late Lord Jeffryes undertook the Management of the Prosecutions in the West for High Treason, after the late Duke of Monmouth's Invasion; and that he received One thousand Four hundred and Sixteen Pounds Ten Shillings of the said Graham and Burton, for that Affair; and took out a special Commission of Oyer and Terminer for that Purpose: Yet it appears, that the said Graham and Burton paid, unto other Commissioners, about finding the Estates of Persons then attainted, the Sum of One thousand One hundred and Seventeen Pounds Eighteen Shillings and Ten-pence.

That it was further evidenced, That the said late Lord Chancellor passed several Grants under the Great Seal, to many Lords, and others, to dispense with their Obedience to many of the known Laws of the Realm; and to authorize them expressly to transgress the same; and to hold and execute divers Offices and Powers, Military and Civil; which they were disallowed, by the known Laws of the Realm, to exercise, hold, and enjoy.

There is come to the Hands of the Committee, amongst Patents, Papers, One Patent under the Great Seal, dated the 15th of July, in the Third Year of the late King James the Second, for dispensing, in that manner, with William Marquis of Powis, Henry Lord Arundell of Warder, Henry Jarmine Baron of Dover, John Lord Bellosis, Lord Walgrave, Lord Thomas Howard, Sir Robert Wright Lord Chief Justice of the King's Bench, Sir Rich. Alibone One of the Judges of the same Court, Sir Christopher Milton Baron of the Exchequer, Sir Edw. Hales, Knight, . . . of the Castle of Dover, and One of the Judges of the Admiralty; and Sixteen others of lesser Quality.

That it further appeared, That the said late Lord Chancellor Jeffryes passed under the Great Seal, a Commission dated the 15th of July, in the Second Year of the late King James the Second, to William Lord Archbishop of Canterbury, George Lord Jeffryes Lord Chancellor of England, Lawrence Earl of Rochester Lord High Treasurer of England, Robert Earl of Sunderland, Nathanael Lord Bishop of Durham, Thomas Lord Bishop of Rochester, Sir Edward Herbert, Knight, and Chief Justice of the Common Pleas, and, by the Inscription of the Seal, appointed for the said Commissioners, it was stiled, a Commission for Ecclesiastical Causes; and therein it is expressed, That the late King James, by Virtue and Force of his supreme Authority, and Prerogative Royal, he grants unto the said Commissioners full Power and Authority over all the Subjects, to inquire of, and punish all their Offences, Transgressions, and Misdemeanors, whatsoever, done, or to be done, that can lawfully be * by the Spiritual or Ecclesiastical Laws of this Realm: Which comprehends all their Sins whatsoever against God or Man.

That there is further, a special Grant, to inquire and search out the Offences and Misdemeanors of all Ecclesiastical Persons, of whatsoever Dignity; and suspend or deprive them of their Freeholds, and of all their Ecclesiastical Functions, at their Will.

That there is a further Grant, of absolute Power over all the Marriages of all the Subjects; whereupon depends the Descent of all the Inheritances of the Kingdom.

There is also granted to them Power to call before them all that shall seem, by themselves, to be suspected of any Misdemeanors whatsoever; and to examine them, against themselves, about their whole Lives, if they please; and to censure them, as they shall judge of it: And all the several Powers granted to them were to be so absolute, that they were authorized to excommunicate, and thereby expose to perpetual Imprisonment, at their Wills, all that should not obey any of their Commandments, or Orders, in any Part of their Commission; if it were only for refusing to answer their Questions, when they examined them against themselves; or for neglecting to assist in the Execution of any of their Commands.

And, as to Ecclesiastical Persons, their Power was, to deprive them of their Freeholds, and their Functions too, if they should disobey, or neglect to accomplish, the least of their Commands or Orders.

That further Power is also granted to them over the Estates of all the Subjects, to give, at their Discretion, unto all Informers and Prosecutors against them, for any pretended Misdemeanors or Offences, whatsoever Expence and Costs of Suit they should think fit.

That there is further granted to the said Commissioners, an absolute Power over the Universities of Oxford and Cambridge, and Cathedral and Collegiate Churches, Colleges, and Grammar Schools, and other Ecclesiastical Incorporations as to all their Lands, Rents, and Revenues; and as to all their Statutes, Rules and Ordinances, made by their Founders, or any otherwise, though settled or confirmed by Acts of Parliament, or any Grants of former Kings.

That there is a Second Commission, passed by the Lord Jeffryes, of the same Nature, to the same Persons, excepting only Wm. Lord Archbishop of Canterbury; and, with the Addition of John Earl of Mulgrave, dated the 22th Day of November, in the Second Year of the late King James the Second.

That there is a Third Commission granted by the said late Lord Chancellor Jefferyes, of the same Nature, to the same Persons in the Second, except the Earl of Rochester; with the Addition of Theophilus Earl of Huntington, dated the 12th of January, in the Second Year of the said late King James the Second.

That there is a Fourth Commission, to the same Persons in the Third, and to the same Effect, dated the 5th of May, in the Third Year of the said late King James.

That there is a Fifth Commission passed by the said late Lord Chancellor Jefferyes, of the same Nature, to the same Persons in the said Fourth Commission, excepting Sir Edward Herbert, Knight; and with the Addition of Thomas Lord Bishop of Chester, Sir Robert Wright, Lord Chief Justice, and Sir Thomas Jenner, Knight, one of the Barons of the Exchequer.

Charges against Lord Jefferies.

And it appearing to the Committee, That the Powers granted by all these Commissions were an open and avowed Oppression and Contradiction to the Laws and Government of England; and intended for the utter Subversion of the Protestant Religion, and the Subjects Property and Liberty; they inquired whether the said Commissions were executed by the said Commissioners: And caused the Book of the Register of the said Commissioners to be brought before them; whereby it is manifest, that all the said Commissioners, named in the said Commission, save only Wm. Lord Archbishop of Canterbury, actually sat in Execution of the same, and assumed these Powers over the Subjects, pretended to be given them.

That they took upon them to judge Causes, and to tax and give Costs and Charges at their Discretion; and had actually excommunicated Sir Henry Hudson, Baronet, Mr. Charles Stepkins, and others, for Non-payment of Costs and Charges by them given; and decreed his Grace the Duke of Norfolke to pay such Monies as they pleased, or to be excommunicated.

And that they assumed and exercised, in Part, an absolute Power over the Universities; commanded to be brought to them all Writings whatsoever, that concern the Execution and Foundation of their Colleges, and all their Statutes, Rules and Ordinances, as they did to University College in Oxford, Sidny Sussex College in Cambridge, and Christ-church in Oxford: And the said Commissioners took upon them to charge the Foundations, * * Statutes of Sidney Sussex College aforesaid; and decreed to be absolute, and annihilated, that Part of the Chapter of their Statutes, about the Quality of a new Master to be chosen, which appointed, That he should detest and abhor Popery, Heresies, and Superstitions; and that Part of the Eleventh Chapter, that requires the Master to be contrary to Popery, and to prefer the Authority of the Scriptures before the Judgment even of the best of Men.

That the said Commissioners also decreed to be abolished, that Part of the Seventeenth Chapter, concerning the Quality of the Fellows of the said College, which required, that they should be opposite to Popery; and that Part of the Nineteenth Chapter, that forbid all Mandamus's, and Letters, and Messengers, to be accepted in Favour of any to be chosen Fellows of that College; and made all Elections by such Means, to be void: So that the Committee observed these to be overt avowed Acts, to subvert the Protestant Religion, that Right and Freedom of Election established by the Founders of the said College, which is a Subversion of Property.

That the Committee also observes, That, in all these Commissions, the said late Lord Chancellor Jeffryes was appointed to be of the Quorum, and sat accordingly in the Execution of the same.

Charges against Sir R. Wright.

That the Committee proceeded to inquire into the Case of Sir Robert Wright, late Lord Chief Justice: And the Cause of his Commitment not being expressed in the Mittimus, they had Recourse to such Matters as are manifest by Record, and publick Writings, and to such of his Actions, as are notoriously known beyond Contradiction.

It appeared to them, That the said Sir Robert Wright was One of the Judges in the Execution of all the Cruelties done there, after the Invasion made by the late Duke of Monmouth: And, that he was one of the Judges that gave Judgment in the Case of Sir Edward Hales, that the King might legally dispense with the Statutes made for the Security of the Kingdom. And the said Sir Robert Wright was a Commissioner in the Fifth Commission for Ecclesiastical Causes; and acted notoriously in the Execution of the same, as well jointly with all the other Commissioners at London, as well particularly with Sir Thomas Jenner, and the Bishop of Chester, at Oxford, by colour of a Clause in the said Fifth Commission, that gave Power to any Two of them to visit St. Mary Magdalene College in the University of Oxford: And the said Sir Robert committed therein great Enormities, expelling the President and Fellows of the said College from their Freehold, and entering upon their Possessions by open Force; and afterwards at London, joined with the other Commissioners aforesaid, to decree the said President, and Fellows of the said College, to be for ever incapable of enjoying or holding any Spiritual Preferment, and using any Spiritual Function: All which Doings, in the Committee's Opinion, are such manifest Overt Acts, as subvert the Laws and Civil Government of this Kingdom.

Charges against Sir T. Jenner.

That the Committee also inquired into the Case of Sir Thomas Jenner, Knight, late One of the Justices of the Common Pleas: And, having, as yet, no other Evidence before them of any of his Offences, saving of such as is before set forth in the Case of Sir Robert Wright; they can only acquaint this House that it is manifest, that the said Sir Thomas Jenner joined with the other Judges, in declaring the King's Power to dispense with the Laws made for the Kingdom's Security: And that he was a Commissioner in the Fifth Commission for Causes Ecclesiastical, and sat and acted in Execution of those Powers; and took upon him to be One of those Three that were authorized by the said Fifth Commission to visit St. Mary Magdalene College in Oxford; and in Contempt of the known Laws of the Realm, committed most notorious Offences, in expelling the President and Fellows of the said College from their Benefits, and entering upon their Professions by open and notorious Force and Violences; and afterwards, joined in a Decree, at London, to make them for ever incapable of having any Preferments or Benefices Spiritual, and of using their function: All which, the Committee humbly conceive, do apparently involve the said Sir Thomas Jenner in the Subversion of the Laws and Government of this Kingdom.

Major Wildman further acquaints the House, That he endeavoured to get the Committee to meet, to examine the Matter relating to the other Prisoners, but could not; and therefore he could not make any Report, at present, as to them.

Papers, &c. in custody of Committee of Grievances.

Sir Thomas Littleton also acquaints the House, That he was directed, by the Committee to move the House, That the Chairman of the Grand Committee of Grievances might bring in the Commissions, and other Writings relating to the Court for Ecclesiastical Causes.

Whereupon Sir Joseph Tredenham, the Chairman of the said Grand Committee, acquainted the House, That all the Commissions, and the Register Book of the Commissioners, and other Writings, which were brought to the Committee, were locked up in a Trunk; and at the Direction of the House.

Resolved, That all the said Commissions, and the Register Book, and original Process of the said Court; and also, the said Mr. Graham's and Mr. Burton's Accompts; be delivered to the Clerk of the House by Schedules, to be safely kept for the Service of the House.

Resolved, That the former Committee to whom it was referred to examine the Cases of the Prisoners in the Tower, Newgate, and the Gatehouse, be revived; and do examine the Writings in a Trunk, taken with Mr. Brent, and make a Schedule of them.

Ordered, That the Clerk of the Crown do attend the House To-morrow Morning, with the Record of Godden and Hales.

Grievances of City of London.

Ordered, That the Committee appointed the Fifth of March last, to examine into the Grievances relating to the City of London, do sit this Afternoon, at Four of the Clock, in the Speaker's Chamber; and make their Report To-morrow Morning to the House.

Irish Forfeitures.

Ordered, That the Committee for Irish Proposals be revived; and do sit this Afternoon.

Bill of Indemnity.

Ordered, That the House do, To-morrow Morning, proceed in the further Consideration of the Heads for the Bill of Indemnity.

And then the House adjourned till To-morrow Morning, Nine of the Clock.