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grounded upon malice, and be so construed as to bring misfortune to deprive gentlemen of their liberty, and, to their great charge, to be committed to the Tower; so I hope you will not part with such a law so useful to us, and so valued. It was one of the conditions of the neighbouring kingdom (Scotland) with the king, to have an Act of Habeas Corpus, as in England. They are in a state of war, and are not desirous of such a Bill as this.
Mr. Boscawen. If this bill deserves such a character as has been given of it, throw it out. I think it does not, and there is no invasion of the liberty of the subject; it is far from reducing us to the government of France; that king does all for his will and pleasure, we do all by the legislative power for preservation of ourselves. There is a sort of men that think of returning to king James, drinking his health, renouncing obedience to the king; the same spirit is working now as formerly. Were the days quiet, without apprehensions, to have this, bill would be the greatest blemish to the government. They, in the last reign, came not to the parliament for liberty to suspend the penal laws, or this bill. This is for a time only, and far from the practice of the last government, or France.
Sir Robert Colton. I am as much for the settlement of the government as any man, and will do as much towards it. I know, as circumstances alter, things must alter, and if only circumstances were altered, and a man to be committed without bail, but to alter the reason of the law is hard. Laws are made that a man may be safe, that a man may know his crime before he be committed to prison, and may recover his liberty in a legal manner, as the law appoints. If this was for suspicion of fact by words, or any ground of reasonable suspicion; but when the suspicion has no ground, but upon private resentiments, and that not so open, and not know why suspected, this alters the very reason of the law of Habeas Corpus. I know not how to distinguish the Liberties and Privileges of the house, as was offered yesterday for a Proviso in this Bill; but if nothing be offered upon record, who will know that it is not for words here? and the liberty of parliament will be destroyed. We have had a Proclamation about French Goods spoken of here; and the Scal; and that could not be done without advice; and how far may the advisers resentment extend to those who complained of it here, and they touched with it? This is the greatest breach of the subjects liberty without, and the liberty of the house within, I hope you will throw out the Bill.
Mr. Hampden. I find gentlemen tender in this Lill, and I cannot blame them. All the arguments I have heard were good, if we were about to take away the law, but if gentlemen think themselves safe, what need is there of a Militia, for security of the kingdom? These Acts are like buckets for water, to stand by till you have use for them. I know, the Romans gave up all their laws for a time to the
Dictators, for the preservation of the government.
Sir Joseph Tredenham. I cannot consent to pass this bill. When the first motion was inade for this bill, it was for this end, to keep persons from imprisoning by arbitrary power, and now that persons may not claim their Habeas Corpus, when imprisoned, till the government were entirely settled; and now that it is in good forwardness, that case ceases. The privy-council, by this Bill, may imprison upon all suspicions, and the power of the bill last till Oct. next. How agreeable is this to the laws of the kingdom, to make so great an invasion upon our liberties, I must declare my dissent when the question is put; and since I have this occasion, I must make use of my liberty. I have a great respect for those that are to have this power, but such an extraordinary authority has always been found fatal to those that have executed it, and been entrusted with it, as lately was the Ecclesiastical Commission. There is a trust implied in those grants, and they are answerable to the legislative power for their actions, and it is a question whether they will approve of what they have done. The laws are not at ali defective. The liabeas Corpus enacts only a declaratory law of what was the common law before the Great Charter; and the Habeas Corpus was a law to be tried in convenient time, and not to lie in prison, when committed for suspicion of treason and felony; and if this Bill make it not bailable in felony, surely not in treason, and the offence must be expressed in the body of the commitments. There has been (it is true) extraordinary bail demanded by the Judges, but whether is it more grievous to have extraordinary bail, or no bail at all, as by this bill, &c.
Sir Wm. Williams. I differ from that gentleman: for the very reasons he has alleged, I desire the bill should pass. Were it such a bill as to lodge an arbitrary power in the prince, I would agree to my own execution first; should a bill be brought in to place an absolute power in the prince, I would call that man to the bar who should bring it in. I take the privy-counsellors to act in execution of this bill as trustees for the kingdom of England. Had it been for my life, I would have bad that clause in, that was rejected, about entering Informations into the Council-Book, &c, yesterday. Privycounsellors are not all lawyers, and I would have that clause for their safety. Privy-Counsellors, by this bill, may commit for suspicion of treason; if they have no reason for what they do, I tell them to their faces, they must answer for it in parliament. They are not to suspect a man because he wears a white perriwig, or a mask, but upon a just cause; else he must not be questioned. This cannot secure them from answering in parliament; if they commit a person without cause, they must answer it to the law, and the kingdom. Therefore pass the Bill-The Bill was then passed, 126 to 83.
Titus Oates's Petition to the Commons.] May 23. 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 Exceptions voted in the Bill of Indemnity.] belief therein, by the proofs the petitioner The same day, the house agreed with the comso fully made thereof: for which reason, and mittee appointed to prepare Heads for the Bill because he could not be prevailed with to de- of Indemnity, in the following Resolutions: sist in his discovery, the jesuits and papists pur- "1. That the asserting, advising, and prosued him with an implacable malice, suborning moting of the Dispensing Power and suspendwitnesses to accuse him of capital crimes: but, ing of laws without consent of parliament, as being defeated in that attempt, they procured it has been lately exercised, and the acting in king Charles to withdraw that protection and pursuance of such pretended dispensing power, subsistance his majesty, at several parliaments is one of the crimes for which some persons request, had allowed him; and instigated the may justly be excepted out of the Bill of Inthen duke of York to prosecute the petitioner demnity, for the safety, settlement, and welfare in an action of Scandalum Magnatum, for of the nation for the future, and the vindication speaking this notorious truth; viz. That he, of public justice. 2. That the commitment and the said duke, was reconciled to the Church prosecution of the seven Bishops, is another of Rome: and that it is high treason to be so crime, for which some persons may justly be reconciled; wherein a Verdict and Judgment excepted out of the Bill of Indemnity. 3. was obtained for 1000l. and the petitioner com- That the advising, promoting, and executing mitted to the King's-Bench: That, after this, the Commission for erecting the late court for they obtained leave from the king to prefer two Ecclesiastical Causes, is another crime, &c. several indictinents against him, for two pre- 4. That the advising the levying Money, and tended perjuries, in his Evidence concerning the collecting the same for and to the use of the conspiracy: which they brought to trial in the crown, by pretence of the prerogative, for the reign of king James 2, where the petitioner other time, and in other manner than the same was, upon the evidence of those very witnesses was granted by parliament, is another crime, who bad confronted him at three former trials, &c. 5. That the advising the raising and and were disbelieved, and through the par- keeping up a Standing Army in time of peace, tiality of the late lord Jeffreys, convicted of the without consent of parliament, and the quarsaid pretended perjuries; and received this tering of soldiers, is another crime, &c. 6. unparalleled sentence; viz. to pay to the king That advising, procuring, contriving and acting 2000 marks; to be divested of his canonical in the surrender of Charters, and in the alterhabit; to be brought into Westminster-Hallation and subversion of Corporations, and in with a Paper on his head, having this inscrip- procuring new charters, and the violating the tion, Titus Oates, convicted, on full evidence, rights and freedoms of elections to parliament, of two horrid Perjuries;' to stand in and upon to counties, cities, corporations, boroughs, and the pillory, two several days, for the space of ports, and questioning the proceedings in par an hour; and to be whipt, by the common liament, and out of parliament by declarations, hangman, from Aldgate to Newgate on Wednes- informations, or otherwise, are crimes, &c. 7. day; and to be whipt again, on the Friday fol- That undue constructions of law, and the undue lowing, from Newgate to Tyburn; to stand in and illegal prosecutions and proceedings in and upon the pillory five times in every year capital crimes, are other crimes, &c. 8. That of his life and to remain a prisoner during the undue returns of juries and other illegal his life all which was accordingly executed, proceedings in civil cases, are other crimes, with all barbarity, upon the petitioner; lying &c. 9. That the requiring excessive bail, imten weeks under the surgeon's hands: but that posing excessive fines, giving excessive damsome of them afterwards got into his chamber, ages, and using undue means for levying such whilst weak in bed; and attempted the pull-fines and damages, and inflicting cruel and ing the plaisters applied for the cure of his unusual punishments, are other crimes, &c. back; and threatened to destroy him; pro- 10. That the advising king Charles 2. and king curing him to be loaded with irons of excessive James 2. by some of their judges and council, weight for a whole year, even when his legs that parliaments need not be called according were swoln with the gout; and to be shut up to the Statutes, is a crime, for which some in the dungeon; whereby he became impaired persons shall be excepted out of the Bill of in his limbs, and contracted convulsion fits, Indemnity." and other distempers, to the hazard of his life: that, after all such illegal proceedings upon him, he hopes the 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
Report concerning Money issued from the Exchequer for Crown Prosecutions, &c.] Major Wildwan, then, upon the motion of Sir Tho. Littleton, delivered in his Report from the Committee oppointed to inspect and examine the Accounts, in the bands of Mr. Auditor Done, of all such sums of Money as have been
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. Oates, and his counsel, be heard at the bar of this house this day sevennight.
paid out of the Exchequer to Mr. Graham, or Mr. Burton, or either of them, for Crown Prosecutions, &c. which was in substance, as follows: "That from the year 1678, to 1688, Mr. Burton charged himself with having received out of the Exchequer for Crown Prosecutions, &c. 42,116l. 9s. 6d. But was charged by sir Robert Howard's Accounts, with 42,6167. 93. 6d. which makes a difference of 500l. unacknowledged; that he charged himself with having received of Mr. Guy for the like uses, 1,438/. Os. 10d. Total of both Receipts, 43,5541. 10s. 4d. Total of his Discharge, 43,5221. 19s. 2d. Due to the king from the said Burton, (supposing his Accounts were allowed,) 5317. 11s.--That Mr. Burton and Mr. Graham charge themselves jointly, with having received from the Exchequer, 4,671/. 4s. 6d. That they jointly Account for 6,935l. 14s. 6d. which is alledged in the said Account to be paid by Mr. Burton to Mr. Graham out of the Money charged upon the several Accounts of Mr. Burton that they farther charge themselves with 12,466. 13s. 6d. received of sundry persons, by his late majesty's direction.-That by their joint Account they alledge, they have expended in Law-Suits the full sum of 12,466/. with an overplus of 1,300l. but do not acknowledge the 600/. charged to them by sir R. Howard, as a reward for prosecuting col. Whitley and lord Oswelston, over and above 3 years salaries.-That it appears by the Accounts of the said Burton and Graham that most of the said Moneys were paid to witnesses, jurors, solicitors, council, and to themselves in prosecutions of pretended criminals. That, for instance, they pretend to have expended, in prosecuting for their lives, lord Delamere, 5351. 6s. 5d. Mr. Hampden (for pretended correspondence with col. Armstrong) 527l. 1s. 6d. Alderman Cornish, 346. 11s. Mr. Hays, 2321. 7s. 4d. earl of Devonshire, 218/. 28. 5d. Sir S. Bernardiston, 7171. 3s. 4d. Sir Tho. Pilkington, 264/. 7s. 10d. Mr. S. Johnson, 181/. 16s. 4d. Dr. Oates, 3,037/. 9s. 6d. The seven Bishops, 183l. 1s. In procuring a Quo Warranto against the City of London, 1000l. 148. 2d. and against 80 other Corporations on the like Account, 1,1977. 9s. 8d. That it appears they expended several sums contrary to the laws of the land, as 3 and 5 guineas a piece to Midddlesex Jury-men, and in treating them sometimes, 25. sometimes 407. and sometimes 50%. besides unwarrantable Fees to Sheriffs and other officers about juries. -That sometimes they retained 8, 10 or 11 counci! in a cause, to whom great fees are set down. That great expences are charged in their Accounts for defence of several persons against their fellow subjects, for damages done them by the partizans of the designs of the late king; particularly in the case of sir John Moor, when many actions were brought against him by the citizens of London, for arbitrary proceedings in the election of sheriffs.-That it appeared on the Examination of several persons, that the said Burton and Graham
otherwise influencing witnesses against the then were employed in procuring, hiring, and abovementioned pretended criminals. In which they were assisted by sir Roger L'Esstrange and one Hawes. That they offered one Cragg, a prisoner, 100. quarterly if he would become evidence against the earl of Macclesfield, lord Delamere and major Wildkept a close prisoner in Newgate, without fire But he refusing, they caused him to be principal instruments against Stephen Col or candle, 40 weeks.-That they were the ledge at Oxford; that together with the attorney general, they denied the said Colledge (who was condemned and executed) a copy of his jury, the use of his own papers, and other benefits of the law. That several other witnesses concurred in their evidence, that the said Burton and Graham were employed in almost all the illegal prosecutions of the last 8 years.--That though no cause is assigned in the writ of the peers, for committing the late lord Jeffreys to the Tower, they find it to be notorious, that he was instrumental in the undue and illegal prosecution. &c. of lord Russel, col. Sydney, Fitzharris, Colledge, and Armstrong. And it is expressly avowed in the Accounts of the said Burton and Graham, that the said Jeffreys undertook the prosecutions in the West, after Monmouth's Invasion, and received of the said Burton and Graham, 1416/. 10s. for the job. To which may be added, that the said Burton and Graham paid to other Commissioners on the estates of attainted persons 1,117l. 18s. 10d. more.-That the said Jeffreys past several grants under the great seal to violate, transgress, and supersede the laws; many shocking particulars of which are enumerated, especially relating to the tyrannical powers delegated to the High Commission Court, of which the said Jeffreys accordingly. That sir Robert Wright, late was appointed to be of the quorum, and sat lord chief justice, and sir Tho. Jenner, late one of the Justices of the Common-Pleas, had likewise a principal concern in these arbitrary proceedings; for which, in the opinion of the Committee, they were involved in the subversion of the laws and government of this kingdom."
then moved, by the direction of the committee,
derry.] June 1.
desire that it may be enquired, why the forces sent to relieve Londonderry came back again? If Ireland be lost, England will follow-And why the man that was sent to enquire the condition of Londonderry, landed not?
Mr. Colt. These delays must lie at somebody's door. A poor parcel of people defended themselves bravely, and gave a stand to the enemy. I would enquire who were the authors of the counsel, when the commissioners were sent to the army. That brave regiment at Stamford, instead of being sent into Ireland, was to go to Antigua, and the king knew nothing of the matter, but that it was one of the marine regiments. I would have this part of the instructions to your committee to enquire. Mr. Howe. I gladly stand up to second this motion, and I hope, before we part, to second something of the same sort worthy your consideration. They that came back from Ireland perished in the ships by ill provision; those who gave this counsel are greater offenders than they that executed it. I see no justice done upon them; and I should regard them no more than a footman in the streets. I find stones thrown at my back, and I know not who does it, but if I find persons in the crowd that are my enemies, I believe they did it. King William came over and delivered us from these counsels; if we be delivered to these men, who formerly gave the ill counsel, and were of the privy-council to king James, they are not fit to be counsellors to king William. If you deprive him of these servants, who would draw the king into the same inconvenience they did king James, I hope affairs will go on much better.
Mr. Smith. I heartily join in this motion, but the motion is properly" for a committee to enquire into the miscarriages relating to Ireland, &c."
Sir Rob. Howard. I would willingly do the king present service, but now we are to apply ourselves principally to this business. glad I now stand in a parliament, where I may speak for the king and country, and not by interpretation of others, that we speak against the king, if for our country; but now it is otherwise. Two things are to be done concerning Ireland; one is, what has been done amiss, who should have stayed to have relieved them; the other, the slow assistance that has been sent them. He that will not speak plainly in this, must go against his judgment; I am
« Mr. Smith was a man of clear parts, and of a good expression, and went through great posts in king William's reign with reputation and honour, being commissioner of the treasury, and chancellor of the exchequer: He had from his first setting out in the world been thoroughly in the principles and interests of the king, yet with a due temper in all personal things with relation to the times." Burnet. In queen Anne's reign he was chosen Speaker, in 1705, by a majority of 44 voices, in opposition to Mr. Bromley.
sure it is against mine. You have made a bill to punish Mutiny and Desertion. This of Ireland is of so il consequence, and a question, whether this matter comes within those two heads. The king will be tender in these things. My opinion is singular, and therefore I mistrust it. Great minds do great things, by conquest of countries, but to enslave their laws and subjects is the least part of princes. Edw. 3. knew how to conquer, and had great Aids; Edw. 2. and Rich. 2. to enslave us at home. We have a king of that great mind, that, when we came into this power, he might have quickly exacted it. Therefore it is no fault of his. If there be the least doubt in executing martial law, he will not do it. But as for the lords, we have a late Judgment in Oates's Case--I will say no more of that. If you are wanting in this, you send word to Londonderry to give it up. There is a thing called Impeachment; and it is the right of the commons to do it. Though the king will not come to it, yet I am of opinion that the act itself is a desertion of Lundy. If we do not our part, and are wanting in our duty to the king, we are like to have a melancholy session when we meet again. I move that a Committee may sit strictly to enquire if these men are worthy of an Impeachment. I would have a search, and a speedy search, into these things, that Ireland may see we desert them not.
Mr. Harbord. I hope we shall not only enquire into these, but what has been done in general, and if any person be faulty, to represent that too to the king. As to Ireland, nothing has been more industriously followed in some places, and defective in others. There was sent above 20007. in provisions, and not only to bring themselves back, but their provisions too! Either they are guilty of the greatest treason, or cowardice in the world. A Court Martial will handle these men tenderly, and I do not know whether an Impeachment will reach them; but if you do nothing, all will be lost. One came from Glasgow to Londonderry with provisions, hearing it was straitened: I sent the person to take away from the goldsmith what he pleased, and he will be at Glasgow in sixty hours. I have long foreseen such a storm as this, and I have carefully entered all this for your safety.
Mr. Hampden, sen. I move for instructions. to your committee to enquire into a fresh pursuit about the Victuals. Some steps have been made towards this. An officer of Chester has been committed for great abuse; on complaint, the provisions he made were so bad, that a great many were little better than poisoned, and in a languishing condition. The prisons in Chester Castle broken-This is so newly done that it may be enquired into, and it is worth your enquiry what guilt lies upon the Victuals.
Mr. Harbord. The Victuallers of the Navy, Haddock and the rest, sent down to the person, and col. Richards told him, the seamen had rather drink their own water. The victualler's name is Anderton.
Col. Birch. This of these Miscarriages is a great business, and, if well followed, will make the rabbit bolt. I would have instructions given to your committee to enquire into this. Now it is a good season, this month, and they may go in two or three days and come back; all that know those seas, say, they may tide it half sea over, and anchor at this time of the year. I would enquire into these things in general.
Sir Joseph Tredenham. If there be no other person to blame than him named, you come not to your end. Therefore I would have it enquired to the bottom.
Mr. Boscawen. I know not why we should be tender in naming persons. I think they should be particularly named, not only in the matter of fact, but their opinion of the whole.
The Speaker. The Committee are to report only the matter of fact, and it is proper for you to give opinion of the whole.
Sir Rob. Clayton. It is a thing admirable to me, that col. Richards, who raised the first regiment to fight against the Protestant Religion under king James, should be sent to maintain it. I would have this for Instruction to the Committee.
Mr. Holt. We are beholden to Londonderry; if that had not made a good resistance king James had been at Edinburgh before now. I never expect redress of these Miscarriages, till we come to the root. If Londonderry Miscarriage be not redressed, it will come home to us. The old army, we see, is continued, and the new one laid aside. Those who were king James's creatures are now in office and employment; and those who have been of the cabinet-council with the queen.
Resolved, "That a Committee be appointed to enquire who has been the occasion of the Delays in sending Relief over into Ireland, and particularly to Londonderry.
Debate on the Heads for the Bill of Indemnity.] June 3. Mr. Howe. I move that you proceed upon the Indemnity; and, as for Offenders, I would shake them off gently from my hand like a viper, but when it is upon the ground I would tread upon it, and destroy it, that it may hurt no more.
Mr. Garroway. We find great miscarriages in the government, but we do not know where to place them; the main of our miscarriage is, that we are not quicker with our Money to supply the present emergencies of the governAs for those who have abused their trust, let better men be put in their places. The military miscarriage is the source of all. Unless we enable the king, he cannot do it. I am sorry you give the Money at four quarterly payments: I would have had it at two. I will not presume to make you a motion, but I would go on this Bill of Supply to-morrow, and on Thursday on this Indemnity.
Mr. Hampden, sen. Lord Lisburne's regiment. ment was thought fit at first to go to Antigua till it was reformed, which is now; but now another regiment is ordered.
Mr. Harbord. I would have it enquired into; but I have heard Mr. Blathwaite, the secretary of war, say, that the king would have a proper person to go, and sir George Lesley was pitched upon, but he lying near Scotland, the king had changed his mind, and that regiment was fit to go.'
Mr. Montagu, Clerk of the Council. wonder gentlemen should twice repeat this of lord Lisburne. The first regiment was Lesley's, and that was ordered for Scotland, and the Papists were turned out of it; as good a regiment as his, lord Roscommon's regiment, as more proper, was ordered for Ireland.
Mr. Howe. I am glad of this good beginning. But I would have this Committee to examine particulars, why we had not kept the Papists for hostages, and why admiral Herbert was sent to sea with but 19 ships, when he should have had 30, and why so many ill men in all offices. It seems, those gentlemen want sense to manage, and so put in king James's officers; one bucket goes in, and another out. I would enquire into those that give these advices. It is said, in the country, we are betrayed, and if we address the king to remove those who are under Impeachments for crimes, and those that managed king James's affairs, we do but what we ought.
*"The same day, Mr. Howe, vice-chamberlain to the queen, moved for an Address, to desire his majesty to remove from his presence and councils such as had been impeached by parliament, and had betrayed the Liberties of the subject: though nobody was named, yet
it was easy to guess that the persons, at which the address was to be levelled, were the lords Halifax and Danby, the President of the Council, and the Speaker of the house of lords, and that not so much on account of their mismanagements in former reigns, as their ascendancy under the present. This question was debated with great warmth; and, we are told, was so little expected by the courtiers, that if the contrary party had not unexpectedly cooled, it would have been carried in the affirmative. But this is not overlikely; because, on the morrow, Mr. Howe renewed the attack, and was supported by a great many but the opposite side requiring them to name the persons, and nobody offering to do it, the motion fell; and all that Mr. Howe and his party were able to do, after the reading the Exceptions to the Bill of Indemnity, was to carry this Resolution, "That the king's pardon was not pleadable in bar to an Impeachment." Ralph, vol. ii. p. 127.
Myn Heer Dyckvelt discoursed Mr. Howe about the motion he had made in the house; to which he answered, he did not think it to be of any ill consequence to his majesty; and besides, that a place at court should never sileuce him, when the good of his country required him to speak." Life of K. Will. vol. ii, p. 119.