Veneris, 26 die Decembris; 2° Gulielmi et Mariæ.
A MESSAGE from the Lords by Sir Robert Legard
and Sir James Astry;
Mr. Speaker, The Lords have commanded us to put
this House in mind of a Bill, some time since sent down
to this House, intituled, An Act for erecting a Court of
Inquiry for the Relief the distressed Orphans of the
City of London.
And then the Messengers withdrew.
Earl of Ailesbury's Estate.
An ingrossed Bill from the Lords, intituled, An Act
to enable Thomas Earl of Ailesbury, and Eliz. Countess
of Ailesbury his Wife, to make Provision for Payment of
Debts, and to make Leases of their Estates, was read the
Resolved, That the Bill be committed to Mr. Gwyn,
Mr. Dolben, Sir Wm. Whitlock, Sir Tho. Haslerigg, Major Perry, Sir Rog. Puleston, Mr. Bickerstaffe, Sir Sam.
Dashwood, Mr. Harcourt, Mr. England, Mr. Thornhaugh,
Sir Hen. Capell, Mr. Kenyon, Mr. Bowyer, Mr. Arnold,
Major Vincent, Mr. Price, Mr. Blowfeild, Mr. Christie,
Sir Wm. Poultney, Mr. Brereton, Mr. Greenfeild, Mr.
Parker, Mr. Fleming, Sir Hen. Goffe, Mr. Harley, Mr.
Biddolph, Mr. Gilbert, Sir Jervas Elwes, Sir Wm. Honeywood, Sir Fran. Massam, Mr. Brownlowe, Sir Rob. Dashwood, Mr. Backwell, Sir Edw. Seymour, Sir Tho. Clarges,
Sir Bazill Firebrasse, Lord Elan, Sir John Key, Sir Wm.
Pritchard, Sir Rob. Cotton, Mr. Cary, and all the Members that serve for the Counties of Bedford, Somerset, and
Wilts: And they are to meet this Afternoon, at Four of
the Clock, in the Speaker's Chamber: And they are impowered to send for Persons, Papers, and Records.
Prideaux's Claim on LordJeffryes.
Then the Counsel upon the Bill for charging the Estate
of the late Lord Jeffryes, in Leicestershire, with the Sum
of Fourteen thousand Seven hundred Sixty Pounds, and
Interest, to Edm. Prideaux, Esquire, were called.
And the Amendments, made by the Committee to
whom the said Bill was committed, were read once
But the Counsel for the Petitioners not attending;
The other Counsel withdrew.
And then Mr. Gwyn reported to the House, the Evidence that was taken by the Committee upon the Examination of the Matter of the Bill: And then delivered the
same in at the Clerk's Table: Where the same was read;
and is as followeth; viz.
That Mrs. Slaughter said, That Mr. Prideaux was
taken into Custody by a Messenger; and often told her,
That he did not know his Crime.
That, afterwards, she saw him in the Tower: Who told
her, That he desired to be heard, in order to his coming
out: That he several times petitioned to be heard; but
it would not be granted.
That it was a long time before she could be permitted
to see him: That she, and Madam Prideaux, went to
Mr. Jennings, that he might be inlarged: Who made
them fair Promises.
Prideaux's Claim on Lord Jeffryes.
That Mr. Bulstrode said, That the Lady Tooker, and
Mrs. Prideaux, made Application to him to assist them:
Who made Application to a Nobleman: But he was told,
That the Lord Chancellor had obstructed it. Afterwards,
he applied to the Lord Sunderland: But my Lord told
him, He must apply himself to the Lord Chancellor; for
that the King had given it to him: That afterwards, he
applied to the Lord Chancellor; and was told by him,
That Mr. Prideaux was a most notorious Villain, and deserved to be hanged; and that he would hear no more of
him upon no Account.
That he heard a certain Person say, That Goodenough
said, That he had heard, that the Duke of Monmouth had
not taken the Title of King upon him, but upon Mr. Prideaux' Advice: That the Lord Sunderland, or his Clerk,
was present: He told my Lord Sunderland, That he believed
all the rest the less, for This; That it was a Lye.
That somebody said, That young Dare did say, That
he saw Mr. Prideaux' Name in his Father's Book; to have
given the Duke of Monmouth Five hundred Pounds.
That Mr. Key said, That, after the Fight in the West, he
applied himself to Sir Roger Lestrange for his own Pardon:
Who undertook it; and promised to speak to the King:
And that he applied himself several times to the Lord
Chancellor: Who at last told him, That if he could get
Bail, and enter himself into the Circuit Pardon . . . . . : That
the Lord Chancellor sent him to Judge Wright, to give
his Bail: That, afterwards, he went into the Country;
and, about Three Weeks after, he had a Letter from Mr.
Clerke, That he was commanded by the Lord Chancellor,
to send for this Informant to London; but that it would
not be to his Prejudice, but great Advantage; and wished
him to come with all Speed: That, about Two Days afterwards, he came for London; and after he had been in
Town Two or Three Days, he went to Mr. Clerke to
know, Why he was sent for: Who asked this Informant,
Whether he was at Mr. Prideaux's when the Duke of
Monmouth was in the West; and bid him come to him
again in Two or Three Days time, to be examined about
it: That, about Three or Four Days after, Clerk sent for
him by a Messenger; and, when this Informant came to
him, he told him, That he must go along with him.
That he went into Lincoln's Inn Fields to Mr. Jennings';
and, when he came, Mr. Loader, Mr. Clerke, Mr. Jennings, Mr. Parry, Mr. Burton, and another was there:
And they asked him, Whether he knew one Tiggins:
And he told them, He did not: Then they told him, That
Tiggins was in Custody; and had sworn against him;
and that Wm. Way had also sworn against him: But that
he had since inquired of Wm. Way: Who said, He knew
nothing of it.
That they asked him, Why he went to Mr. Prideaux's:
He said, He was desired to go by Mr. Prideaux's Friends,
to see that they did not rifle the House: And they asked,
Whether Mr. Prideaux did not begin the Duke of Monmouth's Health: he denied it; and said, That, to his
Knowledge, it was not drank there: But they would not
admit of that; but would have him swear positively,
Whether the Health was drank or not.
That Mr. Burton took out a Petition, out of his Pocket,
pretending it to be a Pardon; and bid him tell what he
knew against Mr. Prideaux, and the King would be kind
That, on Wednesday, he went to Mr. Clerke: Who told
him, That he had Orders from the Lord Chancellor to
strike him out of the Pardon; for that his Information
about Mr. Prideaux, would not do.
That, on Wednesday in the Afternoon, the Informant
was taken up.
That Mr. Richman said, That he heard, that Mr. Prideaux would send the Duke of Monmouth One hundred
Guineas; that he was told so by one Gould: But said,
That he knew nothing of it.
Thom. Dard junior said, That the Day that the Duke
of Monmouth landed, or the Day after his Father was shot,
he was taken Prisoner, and carried to the Duke of Albemarle; and then carried to Dorchester to be tried: That
the Lord Chancellor sent for him to his Chamber; and
asked him, Whether he knew Mr. Prideaux after the
Duke landed: Who answered, No; nor never was there
but once: He asked him, What about some Monies sent
to the Duke.
That he was examined by Grahme and Burton, when
he was in Newgate.
That Two Papers were brought to him, one by Burton,
the other by Grahme: That Burton told him, He should
be hanged, if he would not be a Witness against Prideaux.
That he put his Hand to one of the Papers, without
reading the same; and to the other he put T. D.; and
was threatened to be hanged, if he would not sign them.
That he was to be arraigned for his Life; he held up
his Hand: But the Lord Chancellor ordered him to be
brought before him: And, when he came to the Lord
Chancellor, he told him, If he would swear against Mr.
Prideaux, he should have his Pardon; and he would order
a Habeas Corpus to remove him to London; and that he
would get him a Commission; being very young.
Mr. Standrike said, That, within a Fortnight after he
had given in Bail, he had a Letter from Mr. Clerke, to
come to London: Which he did forthwith; and went with
Mr. Clerke to the Flower de Lewis.
That afterwards Mr. Burton, and Mr. Eyles, a Messenger,
came to him; and Eyles seized him, and carried him to
Auditor Done's; and Mr. Burton took out a Paper, being a
Petition from several, That he should be struck out of the
Pardon: Then he asked him, Whether he was at Mrs.
Prideaux's: Who said, He was there to search for Arms
and Horses: But Mr. Prideaux sent away the Horses.
That Burton asked, Whether Mr. Prideaux did not
drink the Duke's Health: The Informant told him,
Not to his Knowledge: But Burton told him, He must
expect no Favour, if he would not testify those Things
as others did; but should certainly die: Which was,
That Mr. Prideaux had sent Arms and Horses to the
Duke of Monmouth.
That he was brought before Sir Roger Lestrange: Who
told the Informant, He was sorry he should be so hardly
used; the King did not desire Witnesses should be so
Madam Prideaux said, That she was sent by Mr. Jennings Order, and was not suffered to speak to Mr. Prideaux, till she had agreed for the Payment.
That Mr. Jennings sent to her to tell her, That if she
did not come and make an End about it, that her Husband's Name would be struck out of the Pardon.
The Message was carried by one Jenkins; which was
about a Month after she had been with Mr. Jennings.
Mrs. Slaughter said, That she made Application to the
Lord Tyrconnell: Who said, Nothing could be done therein; for he was given to the Lord Chancellor.
That they were with Mr. Jennings several times: Who
said, That Mr. Prideaux's Father had left him Sixty
thousand Pounds; and that he might well give Thirty
thousand Pounds for his Life: That there was a fine Seat
in Dorsetshire, and the rest they might give in Money.
That they proffered a Sum of Money: But he said, It
was inconsiderable; he would not speak under Ten thousand Pounds: And that she heard the Lady Tucker say,
That Mr. Jennings demanded Five hundred Pounds for
his Service: And that my Lady did promise him a Gratuity, if he did it for a reasonable Sum.
That Mr. Prideaux did say, That, were it not for his
Lady, he would stand or fall.
Mrs. Prideaux . . ., That she could hardly persuade her
Husband to pay the Money; but he would stand Test.
Mr. Dashwood said, That he was present when the
Money was paid, and Securities given.
That the Lady Tucker came to Sir Robert Dashwood for
Fifteen thousand Pounds; which must be paid the next
Day, else Mr. Prideaux would be put out of the Pardon.
That the Money was paid to get Mr. Prideaux's Life
That he could hardly get into the Tower after the
Money was paid.
That he heard Mr. Jennings say, That the Lady
Tucker, had not dealt well with him, in not gratifying
him, as he deserved, for getting the Pardon.
Mr. Carpenter said, That the Leicestershire Estate (as
informed) was bought by the Lord Chancellor of the
Duke of Albemarle, about 1686, for Thirty-four thousand
Pounds; the Value of the Estate being One thousand
Seven hundred and Sixty Pounds per Annum; and a
Fine was passed about Michaelmas 1687.
Sir Robert Clayton said, That he received Fourteen
thousand Seven hundred and Sixty Pounds about the
Thirteenth Mar. for the Use of the Lord Chancellor:
And that he did dispose thereof to the Lord Chancellor's
Use: And that the Purchase was made in November.
Mr. Jenkins said, That, in September 1685, he received
some Letters from the Lady Churchill, whereby she desired the Informant to use his Endeavours to know the
Accusers and Accusation of Mr. Prideaux; and to apply
to the Lords Hunsdon and Middleton; and that Mrs.
Prideaux would shortly be in Town: Which when she
was, the Informant went to her; and, at hers and the
Lady Tucker's Request, the Informant made use of his
Endeavours for the Purposes aforesaid: That afterwards
he applied himself to Mr. Jennings; and, after a considerable time, being denied by him to undertake it, he, at
length, prevailed on him to suffer the Lady and Mrs.
Prideaux to come to his House; where they made the
same Application to him, and earnestly intreated Mr.
Jennings to assist them in do . . . any Kindness for Mr.
Prideaux: Who then again declined: But being importuned several times afterwards, they still declared Mr.
Prideaux's Innocence: But, fearing lest young Dare at
Taunton might be prevailed to be an Evidence against
him, they desired to know his Accusation: But Mr.
Jennings declared, He knew neither his Crime or
That, several Times after, they went to Mr. Jennings;
and once the Lady Tucker offered him Five hundred
Pounds for himself, without any Encouragement from
him so to do: But, on the contrary, they insisting upon
Mr. Prideaux's Innocence; he told them several Times,
That he then had best to acquit himself by Trial; and
refused to accept the said Promise to procure a Pardon;
but told them, He would serve them in the Capacity of
a Lawyer, but otherwise not: And the Informant afterwards often pressed Mr. Jennings, at their Request,
about getting the Pardon; but he denied it.
That, hearing of a Proclamation for a Pardon, he told
Mr. Jennings, That if Mr. Prideaux did not get a Pardon
before that time, he would be excepted: And that he
went to Hackney to the Lady Tucker, about Three Weeks
after she had been with Mr. Jennings, by his Direction;
to acquaint her, That he was of the same Opinion with
the Informant in relation to the said Pardon.
That, after the Pardon passed, the Informant asked
Mr. Jennings, Whether he should not speak to Mrs.
Prideaux about his Gratuity: But he would not permit
him so to do; saying, He did not expect any.
That the Reason why they applied to Mr. Jennings was,
by reason he was in great Favour with the Lord Chancellor.
That the Lady Tucker and Mrs. Prideaux did offer
Ten thousand Pounds to Mr. Jennings for a Pardon,
and Five hundred Pounds for himself: But he told them,
He had mentioned the Matter to his Friend, who, as
believes he meant, was the Lord Chancellor; but could
not procure it; and therefore desired them to apply elsewhere: Which they told him they had done: And hath
heard the Lady Tucker say, Mr. Jennings behaved himself very generously: And that he had no Money, but
refused any Gratuity.
That Mr. Jennings said the same with Jenkins; and
that when, by the Lady Tucker and Mrs. Prideaux's
Request, he made an offer of Ten thousand Pounds to
the Lord Chancellor which his Lordship refused to
accept, saying, He that time had great Expectations
from the Crown; and this would be a Bar to him, if he
Prideaux's Claim on Lord Jeffryes.
That the Lady Tucker came afterwards to the Informant, and desired him to make an Offer of Fifteen thousand Pounds for a Pardon: The which he did: And the
Lord Chancellor accepted the same: But that, notwithstanding the Lady Tucker and Mrs. Prideaux's many
Acknowledgments of his Kindness, he never received,
nor desired any Gratuity for the same.
That some of Mr. Prideaux's Friends proposed, That,
whereas Two thousand Pounds of the Fifteen thousand
Pounds was to be paid in Two Years time, That, if the
Interest might be deducted for the Two thousand Pounds,
the rest of the Money should be paid down: That he
believes the Sum of Fourteen thousand Seven hundred
and Sixty Pounds was accordingly paid to the Lord
Chancellor, or his Use.
That Sam. Storey said, That Mr. Dare, who was killed
at Lyme, told this Informant, That he had been at Mr.
Prideaux' House that Day, being, as believes, the Day
of his Death: This Informant asked him, Where he had
those Horses which came in with him that Morning: He
said, He had several of them from Mr. Prideaux' House;
and that the grey Horse which he then rode, was the
Horse Mr. Prideaux used to make use of himself: And
that Dare said, That Mr. Prideaux told him, That the
grey Horse was not good enough to present to the Duke
of Monmouth; and that therefore he had given it Mr.
Dare: That he was several times told by the Lord Chancellor, That, if he would testify against Mr. Prideaux,
it should be the better for him.
That the said Lord Chancellor did ask him several
Questions about Mr. Prideaux, and particularly about
the grey Horse given to Mr. Dare.
That Dare told him, He was very kindly entertained
by Mr. Prideaux, and believed there would be a very
considerable Sum sent by Mr. Prideaux, viz. about One
That, when he was at Taunton, he asked Mr. Nelthorp and Mr. Hayes, in a jocular Way, What was
become of Mr. Prideaux' Thousand Pounds: One of
them answered, That Five hundred Pounds was already
come; and that the rest would come, and a larger Sum.
That he was near Two Months a Prisoner in Dorchester Gaol; and had been sent for once or twice to
the Lord Chancellor's Chamber.
That Mr. Filmer said, That he was desired to speak to
Mr. Jennings on Behalf of Mr. Prideaux, to endeavour
to expedite his Pardon, and to tell him there would be a
Gratuity for him: But that Mr. Jennings said, He did
not desire any.
Mr. Key said, That he was at Mr. Prideaux' House
about the Time the Duke of Monmouth landed; when he
was desired to go with the Soldiers: And he was the First
that entered the House, being about Eight or Nine a
Clock at Night: And Mr. Prideaux asked him, What his
Business was there so late; that he little thought to have
seen him at that Time of Night: That the Informant
begged his Pardon; and told him, He was desired to
come with the Soldiers to search for Arms: That about
Twenty Soldiers were in the House: That, when they
came in, the Servants were at Supper; and that there was
none there besides his own Family, besides one Man, viz.
one Malachi Mallock, who was drunk: The Soldiers were
the Duke of Monmouth's: To whom Mr. Prideaux said,
That some Soldiers had been there before them to search
for Arms; but found none: But these found some, and
carried them away, as also some Coach Horses, which
Madam Prideaux desired they would not carry away.
And then the House being informed, That Counsel
for all Parties attended;
And the Question being put, That the Counsel be
The House divided.
The Noes go forth.
Tellers for the Yeas,
|Tellers for the Noes,
So it was resolved in the Affirmative.
And the Counsel were called in accordingly.
And the Counsel for the Petitioners against the said
Bill desiring to examine some further Witnesses, than
were examined before the Committee to whom the Bill
The Counsel on both Sides withdrew.
And the Question being put, That the House do now
hear the Petitioners Witnesses;
It passed in the Negative.
Resolved, That this House will, upon Monday Morning
next, hear the Petitioners farther Witnesses, and also their
Counsel, at the Bar of this House, touching the said Bill.
Commissioners of Accompts.
Mr. Papillion reports from the Committee to whom it
was referred to view the Lists of the Persons Names,
given in to be Commissioners in the Bill for appointing
and enabling Commissioners for taking the publick Accompts, That the Nine Persons, upon whom the Majority fell, were as follows; viz.
Sir Robert Rich
|Sir Thom. Clarges
|Mr. Paul Foley
|Colonel Robert Austen
|Sir Math. Andrewes
|Sir Benj. Newland
|Sir Sam. Bernardiston
|Sir Peter Colliton
Robert Harley, Esquire
And Sir Thom. Clarges desiring, by reason of his Age
and Infirmities, to be excused from being a Commissioner;
And the Question being put, That Sir Thom. Clarges
It passed in the Negative.
Resolved, Nemine contradicente, That the said Names
be inserted to the said Bill, as Commissioners.
Then the said Bill, ingrossed, was read the Third
And an ingrossed Proviso was offered, as a Rider;
That nothing in the said Act should be construed to hinder
the Commissioners from taking and requiring an Accompt
upon Oath, from the respective Officers, of all the Pensions, Salaries, and Sums of Money, paid or payable to
Members of Parliament, out of the Revenue, or otherwise: Which was thrice read; and agreed unto by the
House to be made Part of the Bill.
Resolved, That the Bill do pass: And that the Title
be, An Act for appointing and enabling Commissioners
to examine, take, and state the publick Accompts of
Ordered, That Sir Wm. Whitlock do carry the said Bill
to the Lords; and desire their Concurrence thereunto.
Supply Bill; Excise.
A Bill for doubling the additional Duty of Excise
upon Beer, Ale, and other Liquors, to begin from the
Time the Act for doubling the Duty of Excise for One
Year doth expire, was read a Second time.
Resolved, That the Bill be committed to a Committee
of the whole House.
Ways and Means.
Resolved, That this House will, To-morrow Morning
at Ten of the Clock, resolve itself into a Committee of
the whole House, to consider of Ways and Means for
raising the Supply to be granted to their Majesties for
Building of Ships.
Supply Bill; Excise.
Resolved, That this House will, To-morrow Morning
at Eleven of the Clock, resolve itself into a Committee
of the whole House, to consider of the said Bill for
doubling the additional Duties of Excise.
Ordered, That all Committees be revived.
And then the House adjourned till To-morrow
Morning, Eight of the Clock.