Sabbati, 16 die Decembris;
5° Gulielmo et Mariæ.
Prayers.
Leave of Absence.
ORDERED, That Sir William Thomas have Leave
to go into the Country for a Fortnight, for Recovery
of his Health.
Hackney Coaches.
Mr. Brewer presented to the House, according to
Order, a Bill for regulating the Number of Hackney
Coaches in the Cities of London and Westminster, and
Borough of Southwark, and Weekly Bills of Mortality:
And the same was received, and read the First time.
Resolved, That the Bill be read a Second time, after
Twelve a Clock.
London and Westminster Paving.
A Bill for the better Paving and Cleansing of the
Streets, Lanes, and Alleys, in the Suburbs of the Cities
of London and Westminster, and Liberties thereof, and
Weekly Bills of Mortality, except the City of London,
was read the First time.
And the Question being put, That the Bill be read a
Second time;
It passed in the Negative.
Resolved, That the Bill be rejected.
Quakers Affirmation.
A Petition of the People called Quakers was presented
to the House and read; setting forth, That, because of
their tender Conscience, they cannot take an Oath; so
that they have been prosecuted to Sequestrations, their
Estates seized, and Bodies imprisoned; and prevented
from maintaining their just Rights, especially in the Courts
of Chancery and Exchequer, without an Oath; wherein
the Law hath not provided for the Petitioners Relief:
And praying Leave to bring in a Bill to admit, that their
solemn and respective Answers, Affirmations, and Denials,
may be accepted, instead of an Oath, in the Courts of
Chancery and Exchequer.
Resolved, That the said Petition be rejected.
Free Proceedings in Parliament.
A Message from the Lords, by Mr. Justice Nevill and
Mr. Baron Powell:
Mr. Speaker,
The Lords have agreed to the Bill, intituled, An Act
touching free and impartial Proceedings in Parliament,
with some Amendments: To which Amendments they
desire the Concurrence of this House.
And then the Messengers withdrew.
Lord Conyngsby's Impeachment.
The Earl of Bellamont presented to the House Artiticles of Impeachment of High Treason, and other Crimes
and Misdemeanors, against Thomas Lord Conyngsby, one
of the late Lord Justices of Ireland: And the same were
delivered in at the Clerk's Table, and read; and are as
followeth; viz.
1. That he the said Lord Conyngsby hath traitorously
abused the Power and Authority of his Government, and
exercised the same tyrannically, . . discouraging and terrifying the Militia, by framing and imposing on them a new,
arbitrary, and illegal Oath, notwithstanding that his
Majesty left Instructions, when he came from Ireland, for
arraying the Militia; which Instructions did, among other
Things, direct, That the Oaths, established by Act of
Parliament in England, should be administered to them;
but the said Lord Conyngsby, in the Oath he imposed,
left out that Part which requires them to renounce the
Jurisdiction of the Pope, and all other foreign Powers,
purposely to leave room for Papists to come into the
Militia: And further, in his Instructions, ordered all
Governors of Counties to subject the Militia to Martial
Law, contrary to the known Laws of that Kingdom, and
his Majesty's said Instructions; there being no Militia
established in that Kingdom by Law, but has been
hitherto a voluntary Service.
2dly, That the said Lord Conyngsby, intending to bring
their Majesties good Protestant Subjects of Ireland into
a Dislike of their Majesties Government, did traitorously,
arbitrarily, and against the known Laws of the said Realm,
exact and force free Quarter for the Army: And did also,
by Force of Arms, levy Money on the Protestant Subjects; rejecting the several Proposals made to them, by
the most considerable Gentry of some Counties, for the
more regular subsisting a greater Number of Soldiers than
were free-quartered upon them; which discouraged other
Counties from making the same Offers; so that the
Country thereby became entirely ruined.
3dly, That the said Lord Conyngsby, for his own
private Gain and Advantage, did traitorously cause great
Scarcity of Provisions in the Army before Lymrick, by
obliging the Sutlers to take Licences from him at
excessive Rates, and by laying Taxes on all such Beer,
and other Provisions, as went to the Camp; whereby, all
or most of the Sutlers being forced to forsake the Service
of the Camp, Provisions of all Sorts became so very scarce
and dear, that great Numbers of the Soldiers perished
for Want.
4thly, That the said Lord Conyngsby, assuming to
himself an arbitrary and tyrannical Power over the Lives,
as well as the Properties, of their Majesties Subjects of
Ireland, above, and against all Law, did, in Council,
traitorously, and by Word of Mouth, order one Gafney
to be hanged, without Tryal, the Courts of Justice being
then open, and who was, at that time, an Evidence against
one Sweetman for the barbarous Murder of some of Colonel
Foulke's Soldiers: But the said Sweetman giving all his
real Estate to the Value of Two hundred Pounds per
Annum, to Mr. Culliford, besides the Sum of Five hundred Pounds to Mr. Fielding, his the said Lord Conyngsby's
Secretary, for being his Bail, but never prosecuted for the
said horrid Murder: and the said Gafney was immediately
executed, according to the said verbal Order.
5thly, That the said Lord Conyngsby, during his
Government of Ireland, did, by himself, or his Agent,
traitorously settle and maintain a Correspondence, and
carry on a Trade, with the Subjects of the French King,
their Majesties declared Enemy.
6thly, That the said Lord Conyngsby, betraying and
abusing the great Trust reposed in him, and the better to
enrich himself, and to enable him to go through with his
traitorous Designs; did embezil vast Quantities of their
Majesties Stores, and forfeited Estates both real and
personal; whereby the Reduction of that Kingdom became
more difficult, and the War more burdensome upon
England, and the Army greatly discouraged for want of
their Pay; which, by due Application of the said embeziled Stores and Estates, might have been remedied.
7thly, That the said Lord Conyngsby further traitorously abusing his great Trust, and betraying their Majesties
Honour and Interest, did, during his whole Government,
openly favour and support the Papists in their Robberies,
and other Outrages, committed upon the Protestants;
refusing to allow them Liberty of taking their legal
Remedies against the Papists.
And that he, the said Lord Conyngsby, was one of the
said Lords Justices during the time that all and every
the Crimes and Offences, before set forth, were done and
committed.
Sir C. Porter's Impeachment.
The Earl of Bellamont also presented to the House
Articles of Impeachment of High Treason, and other high
Crimes and Misdemeanors, against Sir Charles Porter
Knight, one of the late Lords Justices of Ireland: And
the same were delivered in at the Clerk's Table, and
read; and are as followeth; viz.
1. That the said Sir Charles Porter hath traitorously
abused the Power and Authority of his Government, and
exercised the same tyrannically, in discouraging and terrifying the Militia, by framing and imposing on them a
new, arbitrary, and illegal Oath, notwithstanding that
his Majesty left Instructions, when he came from Ireland,
for arraying the Militia; which Instructions did, among
other Things, direct, That the Oaths, established by Act
of Parliament in England, should be administered to
them; but the said Sir Charles Porter, in the Oath he
imposed, left out that Part which requires them to rerenounce the Jurisdiction of the Pope, and all other foreign
Powers, purposely to leave room for Papists to come into
the Militia: And further, in their Instructions, ordered all
Governors of Counties to subject the Matter to Martial
Law, contrary to the known Laws of that Kingdom, and
his Majesty's said Instructions; there being no Militia
established in that Kingdom by Law, but hath been
hitherto a voluntary Service.
2dly, That the said Sir Charles Porter, intending to
bring their Majesties good Protestant Subjects of Ireland
a Dislike of their Majesties Government, did, traitorously,
arbitrarily, and against the known Laws of the Realm,
exact and force free Quarter for the Army: And did also
by force of Arms levy Money on the Protestant Subjects,
rejecting the several Proposals made to him, by the most
considerable Gentry of some Counties, for the more regular
subsisting a greater . . . . . . of Soldiers than were
free-quartered upon them; which discouraged other
Counties from making the same Offers; so that the
Country thereby became entirely ruined.
3dly, That the said Sir Charles Porter. for his own
private Gain and Advantage, did traitorously cause a great
Scarcity of Provisions in the Army before Limerick, by
obliging the Sutlers to take Licences from him at excessive
Rates, and by laying Taxes on all such Beer, and other Provisions, as went to the Camp; whereby, all or most of the
Sutlers being forced to forsake the Service of the Camp,
Provisions of all Sorts became so very scarce and dear,
that great Numbers of the Soldiers perished for Want.
4thly, That the said Sir Charles Porter, assuming to
himself an arbitrary and tyrannical Power over the Lives
as well as the Properties, of their Majesties Subjects of
Ireland, above, and against all Law, did, in Council,
traitorously, and by Word of Mouth, order one Gafney
to be hanged without Tryal, the Courts of Justice being
then open, and who was, at that time, an Evidence against
one Sweetman, for the barbarous Murder of some of
Colonel Foulke's Soldiers: But the said Sweetman, giving
all his real Estate, to the Value of about Two hundred
Pounds per Annum, to Mr. Culliford, besides the Sum of
Five hundred Pounds to Mr. Fielding, the said Sir
Charles and Lord Conyngsby's Secretary, for being his
Bail, was never prosecuted for the said horrid Murder:
And the said Gafney was immediately, according to the
said verbal Order, hanged.
5thly, That the said Sir Cha. Porter, during his
Government of Ireland, did, by himself, or his Agents,
traitorously settle and maintain a Correspondence, and
carry on a Trade, with the Subjects of the French King,
their Majesties declared Enemies.
6thly, That the said Sir Charles Porter, betraying and
abusing the great Trust reposed in him; and the better to
enrich himself, and to enable him to go through with his
traitorous Designs; did embezil a considerable Part of
the forfeited Estates, both real and personal; whereby
the Reduction of that Kingdom became more Difficult,
and the War more burdensome upon England, and the
Army greatly discouraged for want of their Pay; which,
by due Application of the said embeziled Estates, might
have been remedied.
7thly, That the said Sir Charles Porter, further
traitorously abusing his great Trust, and betraying their
Majesties Honour and Interest, did, during his whole
Government, openly favour and support the Papists in
their Robberies, and other Outrages, committed upon
the Protestants; refusing to allow the Liberty of taking
their legal Remedies against the Papists.
8thly, And that he the said Sir Charles Porter was
one of the Lords Justices of Ireland, during the time that
all and every the Crimes and Offences, before set forth,
were done and committed.
And Colonel Robert Fitzgerald, and Mr. Frances
Annesley, were called in, and examined to several
Matters in the said Articles contained.
And then withdrew.
Resolved, That this House will, upon Friday Morning
next, at Ten a Clock, hear Witnesses, at the Bar of this
House, to the said several Articles.
Supply.
Resolved, That this House will, upon Friday Morning
next, at a Eleven a Clock, resolve itself into a Committee
of the whole House, to consider further of the Supply
to be granted to their Majesties, for Maintenance of the
Land-Forces.
Trials for Treason.
Resolved, That this House will, upon Saturday Morning
next, at Ten a Clock, resolve itself into a Committee
of the whole House, to consider of the Bill for regulating
of Trials in Cases of High Treason, and Misprision of
Treason.
Ways and Means.
Ordered, That the Report from the Committee of the
whole House, to whom it was referred to consider of
Ways and Means for raising the Supply to be granted to
their Majesties for Maintenance of the Fleet, be made
upon Tuesday Morning next.
Ordered, That all Committees be adjourned.
Committees.
And then the House adjourned till Monday
Morning next, Nine a Clock.