COMPLETE COLLECTION OF State Trials. 272. Proceedings against RICHARD THOMPSON,* Clerk, for a High Misdemeanor against the Privilege of Parliament: 32 CHARLES II. A. D. 1680. HOUSE OF COMMONS, November 9, 1680. ORDERED, That Richard Thompson,† clerk, be sent for in custody of the serjeant at arms attending this House, to answer at the bar of this House, for his high Misdemeanor against the Privilege of this House.‡ I appoint Francis Smith, and Benjamin Harris, to print this Report and Resolution, perused by me, according to the Order of the 'House of Commons: And that no other person presume to print the same, December 24, * 1680. W. WILLIAMS, Speaker.' + Oldmixon calls this Thompson a "noisy, insolent, ignorant priest," and adds, "I take the more liberty with him because I knew him." It appears that the king soon after these proceedings made him dean of Bristol. I have not found in the Journals any earlier entry concerning this matter of Richard Thompson, nor does it appear so distinctly as might be wished in what respects his "high misdemeanor" was "against the privilege of the House." December 8. A Petition of Richard Thompson, clerk, in custody of the serjeant at arms, having been read, it was ordered, That the consideration thereof, as also of the matter of the complaint as possessed by them almost exclusively for the purpose of protection from attacks of prerogative. And of such privileges it may be truly said, in the words of the Remonstrance and Petition presented to Charles the First by both Houses on Dec. 17th, 1611, (See 1 Clarendon's Hist. of the Rebellion, $23. 8vo ed. 2 Cobb. and inheritance not only of the two Houses of Parl. Hist. 978.) that "they are the birth-right parliament but of the whole kingdom, wherein but it is by no means clear that this may with every one of the king's subjects is interested;" equal truth be said of an uncontrolled discretionary power in each House of parliament to imprison for whatever such House of parliament shall adjudge to be a contempt towards itself: more particularly if a like uncontrolled discretionary power in courts is to be supported by analogy to this. It is observable that Mr. Justice Blackstone, Upon the whole matter it may, perhaps, be in speaking of Privire of Parliament, seems to safely said that whatever be the extent of paruse the term in its more confined sense, of an liamentary privileges, every patriotic member immunity or exemption from such direct inter- of parliament will concur in the sentiment exruptions and molestations, as obstruct the exer- pressed by the learned and upright sir Robert cise of the functions of parliament, and from Atkyns in the Case of lord Clarendon. (See vol. the liability to have their freedom of speech and 6 of this Collection, p. 355). "Though prividebates and proceedings in parliament impeach-lege is much spoken of, I shall never be fond of ed or questioned in any court or place out of par- any privilege which shall intrench upon my liliament. He does indeed say, that to assault by berty as a subject:" and that every wise House violence a member of either House or his me- of Commons, knowing that confidence and afnial servant is a high contempt of parliament, fection between them and the body of the peoand there punished with the utmost severityple is the great foundation of their dignity and but with this exception, he seems to contemplate all their privileges, and especially when he speaks of their indefiniteness, (See the note to the Case of Shirley and Fagg, ante, vol. 6, p. 1121.) VOL. VIII. importance in the state, will be very abstemious in the exercise of any power by which that confidence and affection is liable to be diminished or impaired. B for which he stood committed, should be referred to a committee to examine the matter thereof, and to report the same, with their opinions therein, to the House. December 23. Colonel Birch reports from the committee to whom the examination of the complaint against Richard Thompson, clerk, was referred, That the committee having taken the same into their consideration, had directed him to make a special Report thereof to the House: which he read in his place, and afterwards delivered the same in at the clerk's table. Ordered, That the said Report be read at the table to-morrow morning. December 24. The REPORT from the Committee of the Commons in Parliament, appointed to consider the Petition of Richard Thompson, and to examine the matter of the Complaint against him. In the first place, the committee read unto the said Thompson, the heads of the complaints against him; which (for the most part) he depying, desired to have his accusers brought face to face: whereupon the committee proceeded to the examination of witnesses, to prove the said complaint. be pulled out of their houses, and the gaols filled with them: and wished their houses burnt. The third saith, That he was cited to the Bishop's Court, to receive the Sacrament last Easter; but being out of town at that time, did receive it at a place called Purl in Wiltshire; and that a month after he came home, was again cited to the said Court, and he did accordingly appear, and told the Court, that he hoped his absence and business might be accepted for a lawful excuse; upon which Mr. Thompson immediately said, that they would proceed to excommunicate him. Upon which, this informant produced his certificate, of which the Chancellor approved, and said it was lawful. Hereupon Mr. Thompson said, that his receiving the Sacrament from any other minister, than the minister of the parish wherein he dwelled, was damnation to his soul; and that he would maintain this doctrine. The fourth saith, That being at Bristol fair he heard a great talk and noise of a Satire-sermon prepared, and designed to be preached by Mr. Thompson against the Presbyterians, on the S0th of January, 1679; and that very many resorted to hear him: in which sermon the said Mr. Thompson declared and said, that there was a great talk of a plot: but (says he) a Presbyterian is the man; and further added, that the villain Hampden scrupled to give the king 20s. upon Ship-money and Loan, which was due by law, but did not scru The first Witness examined, saith, That there being a great noise and rumour, that Mr. Thompson had prepared a sermon to be preach-ple to raise rebellion against him. ed on the 30th of January, 1679, the said witness went to the said sermon, and did hear Mr. Thompson publicly declare, that the Presbyterians were such persons, as the very devil blushed at them; and that the villain Hampden grudged, and made it more scruple of conscience, to give twenty shillings to the king, for supplying his necessities by Ship-money and Loan, which was his right by law, than to raise rebellion against him. And that the Presbyterians are worse (and far more intolerable) than either priests or jesuits. The fifth saith, That Mr. Thompson, in a sermon preached the 30th of January, 1679, did say, that the presbyterians did seem to outvie Mariana, and that Calvin was the first that preached the king-killing doctrine; and that after he had quoted Calvin often, said, if this be true then, a Presbyterian brother, qua talis, is as great a traitor as any priest or Jesuit: and that then he condemned all the proceedings of parliament. The sixth saith, That he the said Mr. Thompson, had uttered many scandalous words concerning the act for burying in woollen; affirming, that the makers of that law were a company of old fools and fanatics, and that he would bring a school-boy should make a better act than that, and construe it when he bad done. The second saith, That hearing a great talk and noise spread of a sermon to be preached by Mr. Thompson, on the 30th of January, 1679; he was mined to hear the same, and accordingly did; at which he writ some notes: amongst which, he saith, that Mr. Thompson openly The seventh saith, That Mr. Thompson in a preached, that the devil blushed at the Presby- Sermon by him preached (while petitions for terians; and that the villain Hampden grudged sitting of this parliament were on foot) speakmore to give the king twenty shillings, which ing of a second rebellion by the Scotch, who was his just due by law hip-money and Loan), had framed a formidable army, and came as than to raise rebellion against him; and that a far as Durham, to deliver a petition forsooth; Presbyterian brother, qua talis, was as great a and that they seemed rather to command than traitor by the statute, as any priest or jesuit petition their sovereign to grant; and comparwhatsoever. That he heard, that Mr. Thomp-ing that petition with the then petition on foot, son said, that he hoped the Presbyterians would greatly inveighed against it, and scoffed much In sir Edwin Sandys's Case, Mr. Chancellor of the Dutchy wisely observed, It is an easier matter to raise an inflammation by the specious title of privileges than to allay it again.' See Proceedings and Debates of the House of Commons in 1620, and 1621, vol. 2, p. 259. at it. The eighth saith, That Mr. Thompson (when the petition was on foot for the sitting of this parliament) used at the funeral sermon of one Mr. Wharton these words (pointing at the dead said), that he was no schismatical petitioning rebel, and that by his instigations the grand jury of Bristol made a presentment of their detestation against petitioning for the sitting of the parliament; that the said Mr. Thompson had told him, that he was governor to Mr. Narbor, when he was beyond sea; and said, that he had been very often (and above one hundred times) at mass in the great church at Paris, and usually gave half a crown to get a place to hear a certain Doctor of that church, and that he was like to be brought over to that religion; and that when he went beyond sea, did not know but that he might be of that religion before his return. That he is very censorious, and frequently casts evil aspersions against several divines at Bristol of great note, Į viz. Mr. Chetwind, Mr. Standfast, Mr. Crosman, Mr. Palmer, and others, saying, that such as went to their lectures were the brats of the devil. The ninth saith, That Mr. Thompson in his preaching inveighed bitterly against subscribing petitions for sitting of this parliament, saying, that it was the seed of rebellion, and like to Forty-one; and that the devil set them on work, and the devil would pay them their wages; saying, that before he would set his hand to such petitions, he would cut it off, yea and cut them off. The tenth saith, That about two years since, being in the chancel of St. Thomas's church in Bristol, where queen Elizabeth's effigies is, Mr. Thompson pointing his finger to it, said, that she was the worst of women, and a most lewd and infamous woman; upon which this informant replied, he never heard any speak ill of her: thereupon Mr. Thompson said, she was no better than a church-robber, and that Hen. 8, begun it, and that she finished it. The eleventh, Rowe, saith, That in the year 1678, he waited on the mayor to church, and that Mr. Thompson, who was there, railed at Hen. 8, saying, he did more hurt in robbing the Abbey lands, than he did good by the reformation. That after dinner, Mr. Thompson comes to this informant, and claps his hands on his shoulders, saying, Hah, boy, had queen Elizabeth been living, you needed not to have been sword-bearer of Bristol. The said Rowe asked him why? He replied, She loved such a lusty rogue (so well) as he was; and he would have been very fit for her drudgery at Whitehall. The twelfth saith, That he heard a great noise of a sermon to be preached by Mr. Thompson on the 30th of January, 1679, to the second part of the same tune; and that he was present at the same sermon, in which Mr. Thompson said, there was a great noise of a Popish Plot, but, says he, here is nothing in it but a Presbyterian Plot; for here they are going about to petition for the sitting of the parliament, but the end of it will be to bring the king's head to the block, as they have done his father. The thirteenth saith, That in January last, or thereabouts, there was a petition going about for the sitting of this parliament, when Mr. Thompson, in Redcliff church, in his sermon: said, it was a seditious and rebellious petition, and rather than he would sign it, his hand should be cut off. The fourteenth saith, The 8th day of April, he going to pay Mr. Thompson his dues, speaking concerning the meeters in private; Mr. Thompson said, he would haul them out, and fill the gaols with them, and hoped to see their houses a fire about their ears in a short time; and this he, the said Thompson, doubled again and again. He The fifteenth saith, That about December, 1679, Mr. Thompson came to visit his mother, being sick; and discoursing of religion, Thompson said, if he were as well satisfied of other things, as he was of justification, auricular confession, penance, extreme unction, and chrism in baptism, he would not have been so long separated from the Catholic Church. And further affirmed, that the Church of Rome was the true Catholic Church. further endeavoured to prove extreme unction, and auricular confession, as well as he could, out of the Epistles. Further, he hath heard him say, the king was a person of a mean and soft temper, and could be led easily to any thing, but yet a Solomon in vices; but that the duke of York was a prince of a brave spirit, would be faithful to his friends, and that it was our own faults that he was a Roman catholic, in that we forced him to fly into France, where he embraced that religion. About the same time, he the said Thompson said the church would be militant; but greatly commended the decency of solemnizing the mass in France; and that it was performed with much more reverence and devotion than any other religion doth use. He further heard him say, in a Sermon, about the time of petitioning, he would rather cut off his hand than sign it, and had many bad expressions of it, that it was the seed of rebellion, and like forty and forty-one. And further, the said Mr. Thompson, at one Sandford's shop-door in Bristol, speaking of Bedloe, said, that he was not to be believed, because Bedloe had said he, meaning Mr. Thompson, was at St. Omer's, where Mr. Thompson said he was not; and that Bedloe was of a bad life, and in many Plots, and not to be credited in any thing he said. And that in another discourse he commended the Romish clergy for their single life, and is himself so; and did at the same time vilify and rail at the English clergy for marrying; saying, it was better for a clergyman to be gelt than to marry; and that the Calvinists in France were lecherous fellows, and could scarce be two years a priest without a wife. About the time, and after the election of sir John Knight to this parliament, Mr. Thompson said, he was not fit to be believed, and as bad as any fanatic. He further said in the pulpit at St. Thomas's, that after excommunication by the bishop, without absolution from the spiritual court, such a one was surely damned; and he would pawn his soul for the truth of it. very justly odious as he was to the majority of his subjects-without a House of Commons to carry on his government during the four last years of his life. 6 In his Declaration to all his loving subjects, Evidence ended; Mr. Thompson, after the evidence given by every particular person, face to face, was asked to every one, if he had any questions to ask before they called another? Who answered, he should not say any thing at present. When the witnesses before-mention-touching the causes and reasons that moved ed were all examined, Mr. Thompson being de- him to dissolve the two last parliaments' (which sired to make his defence, and declare whether Declaration, his majesty in council, on the 8th he were guilty of the matters laid to his charge, of April, 1681, ordered to be printed and pubdid for the greatest part confess words spoken lished, and read in all churches and chapels to that effect; and in other things endeavoured throughout the kingdom, and which, as it apto turn the words with more favour towards pears, was drawn up by lord chief justice himself; but the witnesses being of great cre- North) he specially mentions in the catalogue dit, and many more being ready to have made of the vicious measures of the House of Comgood the same things, the Committee looked mous, arbitrary orders for taking our subupon the business to be of a high nature; and jects into custody, for matters that had no retherefore ordered the matter to be reported lation to Privileges of Parliament.' specially, leaving it to the wisdom of the House. A debate arising in the House thereupon; Resolved, nem. con., That Richard Thompson, clerk, hath publicly defamed his sacred majesty; preached Sedition; vilified the Reformation; promoted Popery, by asserting popish principles, decrying the Popish Plot, and turning the same upon the protestants; and endeavoured to subvert the liberty and property of the subject, and the rights and privileges of parliament: And that he is a scandal and reproach to his function. Resolved, &c. That the said Richard Thompson be impeached, upon the said Report and Resolutions of the House. Ordered, That a Committee be appointed to prepare the said Impeachment. And it is referred to sir Wm. Jones, and others: And the said Committee is impowered to receive further informations against the said Richard Thompson: And to send for persons, papers, and records. January 5, 1681. The mention of this matter by two of the contemporaneous historians, Roger Coke and Roger North, is curious and perhaps instructive: of the two last parliaments, when they were "The Commons, heated by the Dissolutions searching into the discovery of the Popish Plot, and exasperated against the Tories, for ridiculing the Popish Plot, and for abhorring petitioning the king to let the parliament sit, against it, &c. proceeded in another temper, in order to prosecute and secure the nation in truth, I do not desire the prosecution of I think, than any other ever before; and, the Commons in the Long Parliament, in the first ten years, against the Protestant Dissenters, and of the Commons of this parliament against the Tories, should be taken for precedents by any parliament in time to come. "When parliaments met annually, or at least frequently, I think complaint cannot be found against any man for Breach of Privilege: but when there were long intervals of parliaments, from whence the consequence resolved into long sittings of parliaments, which began in the reign of Henry 8, then the inconvenience of privilege first began; nor do I find any beOrdered, That the said Serjeant at Arms before the latter end of Henry 8, nor does Mr. impowered to receive sufficient security for the forthcoming of the said Richard Thompson, to answer to the Impeachment of this House against him, A Petition of Richard Thompson, clerk, in custody of the Serjeant at Arms attending this House, was read. The Parliament was soon afterwards dissolved, and I have not found in the Journals any subsequent proceedings against this Thompson, Ir should be noticed, that at the time when this Case occurred, the House of Commons practised commitments, as for Breach of Privilege, with a frequency and extent which seem to have excited much disgust and discontent; and it is not improbable that the prevalence of those feelings thus excited greatly contributed to enable king Charles the Second-odious, and Petit, in his Precedents [of Exemptions] from arrests, and other privileges of parliamentmen, cite any before the 34th of Henry 8, in case of Mr. George Ferrers, burgess for the and this was taken for such a novelty, that he town of Plymouth, being arrested for debt; takes up near seven pages to recite the proceedings of the Commons upon it; and how the king being advertised thereof, called the Chancellor, the Judges, the Speaker of the Commons, and the gravest persons of them, wherein he commended the wisdom of the Commons in maintaining their privileges, and that the privileges of parliament extend to the servants of the Commons from arrests, as well as to the persons of the Commons. It is worthy observation with what sobriety and justice the Commons proceeded herein: they ordered their serjeant forthwith to repair to the Compter in Bread-street, wherein Mr. Ferrers was committed, with his mace, to demand his delivery; |