3dly, Because we conceive, it may tend infinitely to pre- Anno 7 Will. judice the Judicature of this Houfe, and to weaken the SecuIII. 1695. rity that all Subjects have, by the Judgments of this great Court, if the Lords fhall permit Judgment once given, in fo folemn a manner, to be review'd. 崇 Somerset, Bradford. J. Bridgewater, Monmouth, Bolton, Culpeper, Devonshire, Macclesfield, Manchefter, Stam ford, Suffolk. The 24th, Hodie 3a vice leta eft Billa, entitled, An Act to Bill to prevent prevent falfe and double Returns of Members to serve in double Returns Parliament. of Members The Queftion was put, Whether this Bill fhall pass? It was refolved in the Affirmative. Contents 27: Not contents 20 Leave having been asked and given to any Lords to proteft, if the Question fhould be carried in the Affirmative, we whose Names are underwritten do protest, for the Reasons following: By reafon of a Claufe in this Bill, which enacts in these Words following, pafs'd. In cafe that any Perfon or Perfons fhall return any Proteft thereon, Members to ferve in Parliament for any County, City, Borough, Cinque Port or Place, contrary to the laft Determination in the Houfe of Commons, of the Right of Election in fuch County, City, Borough, Cinque Port or Place, that fuch Return fo made, fhall, and is thereby adjudged to be a falfe Return'. To which we cannot agree, because, we conceive, that the confirming, by Act of Parliament, the Proceedings in another Place, which have never been examined here, is derogatory to the Dignity, and inconfiftent with the Juftice of the Houfe of Peers. And, Because the enacting, that the laft Determination of the House of Commons, in the Case of Returns of Members to fit in that Houfe, fhall be made the Rule for the future, seems to us, to erect a Court of Judicature there, which, by the Constitution of the Government, and the conftant Practice of all Ages to this Day, hath never yet been allowed in the House of Commons, and may contribute to the introducing of evil Precedents, and be of dangerous Confequence hereafter. Rochefter, Granville, Bath, Jefferys, R. Ferrers, Tho. Francis Lord Viscount Newport, created Earl of Bradford, May 12, 1693. William Earl of Devonshire, created Marquis of Hartington and Duke of Devonshire, May 12, 1693. Anno 7 Will. Sir R. Verney's Proteft thereon. Affaffination- February the 13th, Council were this Day heard upon the Petition of Sir Richard Verney, Knt. praying a Writ of Summons to Parliament, as alfo his Majesty's Council. And Confideration and Debate had thereof, the Question was put, Whether, by what hath been made appear to this Houfe, the Petitioner, Sir Richard Verney, hath a Right to a Writ of Summons to Parliament, by the Name and Title of Willoughby de Broke? It was refolved in the Affirmative. To which the Lords, whofe Names are underwritten, do diffent, for the Reafons following: 1ft, Because it is apparent, by the antient Journals of the Lords Houfe, that Sir Robert Willoughby, the Petitioner's Anceftor, and his Son and Grandíon, fat in the House by the Name of Lord Broke, and never by Lord Willoughby de Broke. 2dly, We conceive, no Lord, whofe Ancellors were called to the Lords House, by Writ of Summons, can claim a Writ by Defcent from thofe Ancestors, to fit in the Houfe by any other Name than thofe Ancestors fat by. 3dly, The Houfe having, in the laft Parliament, adjudged, that the Petitioner had no Right to a Writ of Summons to Parliament, when he petitioned to be fummoned as Lord Broke, we conceive he can fit by no Title at all. J. Bridgewater, Somerfet, Stamford, Culpeper, Bradford. February the 24th, The King came to the Houfe, and in a Speech communicated the breaking out of the* AffafinationPlot; which Speech, together with the Proceedings thereon, are To murder the King, between Turnham-Green and Brentford, in a moorish Bottom, where are a Bridge and divers Roads croiling one another. The 15th Day of February was the Day appointed to act this Royal Tragedy; and the Confpirators having long kept two Men at Kenfington, to watch the King's going to hunt, which was commonly every Saturday, one of thefe Orderly Men (for fo they called them) brought them Word that the King did not go abroad that Day. This Difappointment was attended with the Fears of a Difcovery, and thereupon Plouden, Kendrick, and herburn, the moft timorous of all the Plotters, declin'd the Action, and withdrew themfelves; but Sir George Barclay, Sir Wil liam Perkins, Captain Porter, and Mr. Goodman, concluding the Defign was not difcover'd, from their not being taken up by the Government, they had another Meeting, and there refolv'd to execute their bloody Project, on Saturday the 21st of February. That Forenoon was spent in a tedious Expectation of the News, that the King was gone abroad; but, instead of that Account, Keys, one of their Orderly Men at Kenfington, brought Advice, that the Guards were all come back in a foam, and that there was a muttering among the People, that a damnable Plot was difcover'd: This aftonishing News alarm'd and difpers'd all the Conipirators, and drove them to fhift for themselves by a speedy Flight. Nor are to be found in CHANDLER'S Hift. Anno W. III. 1696, Anno 7 Will. Page 19, &c. III. 1695. March the 6th, Hodie 3a vice leta eft Billa, entitled, An A&t for continuing feveral Duties granted by former Acts Act for granting feveral Duties upon pafs'd. Nor were Keys's Report, and their Apprehenfions groundless; for the Plot, and every Step of it, from time to time, had been discover'd by Richard Fisher, and fomething of it by Mr. Grimes, to the Earl of Portland. Fisher had his Knowledge of it from Harrison the Priest, who took him to be one of their Party; and Grimes had fome dirk Hints from another; but both refufing to give his Lordfhip the Names of the Confpirators, little Credit was given to their Informations, till they were confirm'd by other Teftimonies. Mr Pendergrafs, who was wholly ignorant of the Defign till he was fent for to London, being ftruck with Horror at the first Propofal of it, even then took up a Refolution to fave his Majefty's Life; tho', the better to manage his intended Discovery, he feem'd willing to engage in the hellish Enterprize. This Gentleman, on the 14th of February at Night, went, to the Earl of Portland, and being admitted to Privacy with his Lordship, tho' wholly a Stranger, without further Address, accofted his Lordship with this furprizing Requeft: Pray, my Loid, perfuade the King to stay at home to-morrow; for, if he goes abroad to hunt, he will be murder'd.' The fame Night, tho' late, he was introduced to his Majefty, and discovered the whole Plot; and his whole Deportment fhewing him to be a Man of Houour, a great Stress was laid upon his Information. The next Day after, Mr. De la Rue made the fame Discovery, which he would have done before, but that his Friend Brigadier Lewfon, who defign'd to introduce him to the King, was gone out of Town. Upon his return to London, Brigadier Lewfon acquainted the King, that Mr. De la Rue had inform'd him of a Defign carrying on to affaffinate his Majefty, and propos'd a Way, if the King thought fit, how all the Confpirators might be taken in Arms. Tho' Pendergrafs and De la Rue acted upon a feparate Bottom, yet they punctually agreed in all the Circumftances of the Confpiracy; which render'd their Dilcovery unquestionable: But yet both peremptorily refused to name the Confpirators, which might have been of fatal Confequence, if the Earl of Portland had not found the happy Expedient to prevent it, by perfuading his Majesty to give himself the Trouble of examining them feparately in his Clofet. The King having accordingly examined Mr. Pendergrafs before the Earl of Portland, and the Lord Cuts, and Mr. De la Rue, before the fame Earl and Brigadier Lewfon, his Majefty fhew'd himself extremely well fatisfied in the Truth of their Discoveries; and in a very obliging manner expreft his Refentment for their Generofity, in the great Care and Zeal they fhew'd for the Prefervation of his Life, and the Safety of the Kingdom; and at laft gave them fuch unanfwerable Reasons, why, as Men of Honour and Lovers of their Country, they should compleat their Duty and Affection by naming the Confpirators, as quite overcame their former Unwillingness, and prevail'd with them to tell the Names of the Affaflins, under the Promise of not being made ufe of as Evidences. But not many Days after, Mr. Pendergrafs hearing that Mr. Porter, who engaged him in the Plot, had, by an allowable Stratagem, been frighted into a Difcovery, and accused him; he thought himself difcharged from any Obligation of Honour in concealing it, and therefore afterwards came in as an Evidence at Charnock's Trial. The King having now a perfect Knowledge of the Confpiracy, caufed his Proclamation to be iffued out for the apprehending the Confpirators, Anno 7 Will upon Wine and Vinegar, and upon Tobacco and East-India III. 1696. Goods, and other Merchandize imported, for carrying on the War against France. Bill against wearing wrought Silks, &c. Council to be heard. Proteft thereon. The Quettion was put, Whether this Bill shall pass? It was refolved in the Affirmative. Diffentient I diffent to the faid Bill, by reafon of a Claufe therein, concerning the Price of Guineas, which, I conceive, is pre. judicial to the Privileges of this Houfe, and the Trade of the Country. Abingdon. April the 7th, Report was made from the Committee of the whole House, upon the Bill to reftrain the wearing of all wrought Silks or ftained Callicoes imported, of the Manufacture of Perfia and the Eaft-Indies, that they had heard Council for and against the Bill. Ordered, That the House be put into a Committee again upon the faid Bill on Thursday next. The Question was put, Whether Council and Witnesses fhall be heard To morrow, upon the Subject-matter of this Bill? It was refolved in the Affirmative. Leave having been asked and given for any Lords to disfent, if the Queftion was carried in the Affirmative, we whose Names are underwritten do diffent, for the Reasons following: ft, Because it was never known, that where a Bill was once referred to a Committee of the whole House, the House did hear Council and examine Witneffes to any Part of the Bill fo committed, or when that Committee was ftill fubfifting. zdly, viz the Duke of Berwick, Sir George Barclay, Major Lowick, George Porter, apt. Stow, Capt. Walbanck, Capt James Courtney, Lieutenant Sherburn, Brice Blaire, Dinant, Chambers, Boife, George Higgens, and his two Brothers, Sons to Sir Thomas Higgens, Davis, Cardell Goodman, Cramburn, Keys, Pendergrafs, Byerly, Trevor, Sir George Maxwell, Durance a Fleming, Chriftopher Knightly, Lieutenant King, Holmes, Sir William Perkins, and Rookwood; with a Promife of one thousand Pounds Reward for every Offender that fhould be taken, and brought to Juftice. The Forces in England were ordered to be in readiness to march; a Train of Artillery was forthwith prepared to attend them; and Admiral Ruffel repair'd immediately to Deal, to take upon him the Command of the Fleet, which, by a particular Providence, had been detain'd many Weeks in the Downs by contrary Winds; and which was foon reinforced by other Men of War from the River, and twelve Dutch Ships from Spithead; infomuch that in five or fix Days time, the Admiral had near fixty Men of War, with which he stood over directly to the Coafts of Calais and Dunkirk, no less to the Terror and Amazement of the Enemy, than to the Disappointment of their Designs; which were to invade England, as foon as they had received Intelligence that the fatal Blow was ftruck. 2dly, Because, we conceive, fuch Proceedings may occa- Anno 8 Will. fion fevere Reflections upon the Honour of this House, and ÌII. 1696. may be of fatal Confequence, by inverting the Laws and Customs of Parliament, upon which our Conftitution depends. Bolton, Stamford. The 27th, The King put an End to the Seffion with a Speech to both Houses, (which fee in CHANDLER's Hift. Anno 8 W. III. 1696, Page 24.) and May the 1ft set out for Holland. The burning of the French Magazines at Givet, and the Affairs abroad. bombarding of Calais, tho' not very effectually, were the principal Exploits of this Year; nothing confiderable of either Side being even attempted in Flanders. The Duke of Savoy, indeed, ftruck up a feparate Peace, and a Neutrality was vouchfafed to Italy. October the 6th, The King returned, and on the 20th 0pened The SECOND SESSION of his Third Parliament WIT 7ITH a Speech to both Houses, to be found in CHAND- The Attainder of Sir John Fenwick for being concerned in The Attainder the Affaffination and Invafion-Plot, before mentioned, was of Sir John the principal Tranfaction of the Seffion, and the Bill hav- Fenwick. ing paffed the Commons, was fent up to the Lords, where it occafion'd long and vehement Debates, the House appearing to be equally divided in their Opinions; and even some of the best Friends to the present Government remain'd stiff a. gainst this extraordinary Proceeding; but a Court-Prelate (not without occafioning a fevere Reflection on his Character) having made a long Speech to fhew the Neceffity of paffing this Bill, he drew the cafting Votes on his Side; and fo the Bill was carried by a Majority of feven Voices only, there being fixty eight for it, and fixty-one against it. Which gave Rife to the following Proteft. We whose Names are underwritten do diffent, for the Reasons following: Because Bills of Attainder against Perfons in Prifon, and 3 who are therefore liable to be tried by Law, are of danger. ous Confequence to the Lives of the Subject, and, as we conceive, may tend to the Subverfion of the Laws of this Kingdom. Because See CHANDLER's Hift. Anno 8 Will, III, 1696. Page 30, &c. Proteft thereon. |