: to the lords to set the matter right, by revers- this bill but upon terms: 1. That part of the A debate arising in the commons, touching the said Amendments proposed by the lords to thereupon severally, That the house do agree with the lords in the said Amendments; it passed in the negative. Ordered, "That the committee who managed the above Conference do inspect the Journals of both houses, and examine, whether there be any precedents of free Conferences desired, and yet there hath not been thereat a liberty of debate of the matters for which such free Conferences have been desired." distinct capacities. In their judicature, where they ought to act by the strict rules of law, they proceed according to a supposed convenience in their legislative capacity, where there is a latitude of proceeding according to a moral certainty and convenience, a single expression, of a corrupt verdict,' though inserted upon such just grounds, will not be allowed; unless a precise proof be made in the strictest forms of courts. If Oates's brain was turned, as was said by the lords, the more wrong was done, by convicting him for perjury; which a madman cannot be guilty of and, after such cruel usage (which would make a wiser man mad) it may with more reason be believed his brain is turned; and then there is little danger of his being used in evidence for the future. That it was observable, that Oates was sentenced to be whipped from Aldgate to Newgate on the Wed-be made to the Bill; and the question being put nesday; and from thence to Tyburn on Friday following: which could be intended no other wise, but in the nature of a rack; that, by the smart of the first sufferings, and the approaching terror of the next, he might be brought to make such a recantation as was desired: and it is hard to think, that any thing, but a full persuasion in himself, that what he swore was true, could support a man under such torture. If Oates had been guilty of perjury about the Queen-dowager, or any other matter, which has not hitherto been brought in question, it did not relate to the present case: he is liable to be indicted, and punished for it, whatsoever 1. "Because the persons who gave Evidence becomes of this bill.-That the commons did against Titus Oates were incompetent witnesses. not argue, That, because a man had been once 2. Because Titus Oates's Evidence had before believed at a trial, he was not to be prosecu- been verified upon those very points in which ted for perjury after but they observed, that the perjury is assigned. 3. Because it was at the very same objections had been made to a time when neither council nor witnesses Oates's testimony at former trials, and proved could, with safety, appear for Titus Oates. 4. by the same witnesses; and yet the juries gave Because it was at a time when the whole course credit to Oates: so that, according to the lords of the administration of the government was way of reasoning, to suppose Oates to be per- corrupted. 5. Because a vast sum of money, jured in those points, was to attaint those for- on that trial, and other foul practices, were mer juries; and the lords ought to be as care- used both with the witnesses and jurors. 6. ful of charging such a guilt upon one jury, as Because it makes it almost impossible to prove another. Upon the whole matter, the commons that a Verdict is corrupt, if nothing but the did not think it reasonable it should be requir-giving and taking of money may pass for evied of them to concur to support any part of this erroneous record. It is the right of the subject, that all that is done before or after an illegal Judgment, should fall with it; and though, in proceedings in the legislative way, the commons are sensible they are not tied up to forms, yet they are certainly bound to the rules of natural justice, and are not to deprive the subject of his legal advantage." The Managers for the commons concluded the conference, by stating the case, in short, to the lords: "A writ of error is brought in the house of peers: the lords do all avow the judgments to be erroneous; yet, as judges, do, for collateral reasons, a-sume an arbitrary power to affirm it. The nature of the Judgment being such, as that every subject was concerned in the highest degree, that so dangerous a precedent should not stand, the commons find themselves under a necessity of sending a bill Protest thereon.] These lords following entered their Dissents to the question of adhering to the Amendments, for the Reasons ensuing: dence; whereas the law has declared, that many other things may make a verdict corrupt. 7. Because this gives the jury preference in point of justice above four successive parliaments. 8. Because it casts an imputation on the verity of the Popish Plot, and on the justice of the nation, and justifies my lord Stafford and the rest that suffered on the score of the Plot, so long as the Judgment against Oates stands in force. 9. Because it is expressly against the Declaration of our Rights on the 13th of February last. 10. Because it is the greatest blow that ever the English_liberties received; and puts them under a greater disadvantage than if they had not so lately been declared. 11. Though a Bill should be brought in to declare the like Judgment shall not be given in time to come, yet it would imply, that before, such Judgment was lawful; which may be of pernicious consequence. 12. Because this Judgment against Oates has so far been receiv-|ject, the commons thought themselves under a ed for law, since Oates suffered, that whipping bath been used in other cases besides perjury. 13. Because the lords have allowed the Judgments against Titus Oates to be erroneous. 14. Because it is more consistent with the honour and justice of the house of peers to rectify a mistaken Judgment, given by themselves, than to adhere to it. 15. Because, at Oates's Trial, the court refused to grant a Habeas Corpus for his witnesses that were in prison, though often by him demanded, and no notice was taken of his demand even by the jurors themselves. (Signed,) Bolton, Herbert, Monmouth, Bolingbroke, Radnor, Stamford, Granville, Montagu, Paget, Shrewsbury, Ward, Delamer, Newport, Cornwallis, Rivers, Vaughan, J. Lovelace, Bath, Culpeper, Macclesfield, Oxford." Aug. 9. The Resolution of the Committee of the whole house, That it was their opinion that an additional Proviso should be added to the Bill for settling the Revenue, for granting 40,000l. per annum to the princess Anne of Denmark for her life only, was reported; and on the question, it was resolved, that the debate should be adjourned, till the Revenue came again under consideration. Mr. Hampden, chairman of the Committee, also, at the same time, acquainted the house that he was directed by the committee to move that a Bill may be brought in for settling a particular Fund, for satisfying the 600,000l. to the Dutch for defraying the Charges of the Expedition to England; and also for 60,000l. for the servants of Charles 2. to both which particulars the house agreed. Aug. 12. The Committee upon the Irish Affairs delivered in their report; the principal part of which, turning on the conduct of col. Lundy, governor of London-Derry; Resolved, That au humble Address be presented to his majesty, that colonel Lundy be sent over to London-Derry, to be tried there for the Treasons laid to his charge. Reasons to be offered at a Conference with the Lords for settling the Order of Conferences, &c.] Aug. 13. The Reasons to be offered to the lords at a Conference with the lords for settling the method of proceedings between the two houses, upon Conferences, and free Conferences, were reported by the SolicitorGeneral, and were, in substance, as follow: "The commons have desired this Conference, on occasion of your lordships Message to them, signifying that your lordships adhered to your Amendments in the case of Oates; and have commanded us to open it with a brief of the Dispute between the two houses.-Writs of error were brought to reverse two Judgments against Oates, for perjury, by which he was sentenced to be degraded, to be set in the pillory annually several times; to be imprisoned for life; to be whipt from Aldgate to Newgate one day, and from Newgate to Tyburn the next. These Judgments your lordships thought fit to affirm. These precedents being of such dangerous consequence to every English sub necessity of sending up a Bill to your lordships to have them reversed; in which bill they are called erroneous, illegal, cruel, and of evil example to future ages.'-Your lordships by Message acquainted the commons, that you had agreed to the Bill with amendments. By these Amendments the words illegal, cruel, and of evil example to future ages' are left out; and a Clause is added, that such excessive punishment should not be inflicted for the future. The words relating to the annulling the said Judgments of the peers on the writ of error, are likewise left out; and a Clause is added, That, till the matters for which Oates was convicted be heard, and determined in parliament, he should not be received as a witness in any court or cause.-The commons, at a Conference, delivered their Reasons why they could not agree to these Amendments; your lordships did the same for insisting on them; but they not proving satisfactory to the commons, a free Conference was desired and obtained, in which your lordships owned that the whole house of peers was satisfied that the Judgments given by the King's-bench, were erroneous, extravagant, and the punishment so exorbitant, as ought not to be inflicted on any English subject, and also that you would not debate whether an erroneous judgment was not illegal: but yet your lordships did declare, that, upon the writs of error, you had chosen to affirm the judgment, rather than Oates should be restored to his testimony; which must have been the consequence of the reversal.-After your lordships had owned so much at the Conference, the commons were extremely surprised to receive a Message that you adhered to your Amendments. 1. Because by this general Vote of adhering, your lordships depart from what was yielded at the free Conference. 2. Your lordships proceeding to adhere upon the first free Conference, they look upon to be irregnlar; at least, contrary to the ordinary course of proceedings between the two houses: especially, if such adhering should be looked upon as conclusive, since it is usual to have two free Conferences or more, before either house proceeds to adhere.-And, as to the course of parliament, so it is suitable to the nature of things, that there should be no adhering before two free Conferences, at least because, before that time, each house is not fully possessed of the Reasons upon which the other does proceed, nor have full opportunities of making replies: wherefore, to adhere sooner, is to exclude all possibility of offering expedients.--Beside, this method of adhering so suddenly and unexpectedly, draws very great inconveniences after it: as hath appeared this session; : The Additional Poll-Bill, having been lost, to the great prejudice of the crown, by your lordships adhering upon the first free Conference. The Bill of Rights,' likewise, in which your lordships, as well as the commons, are highly concerned, by that same quick way of adhering, is in danger to be lost and no inconveniences can be greater than what must follow the loss of this Bill, if your lordships should take upon yourselves to be conclusive, by adhering upon the first free Conference. For the commons think it undeniable, That in proceedings in your judicial capacity, upon writ of error, your lordships are as much bound to give judgment upon the record, according to the strict rules of law, as any inferior court whatever, and ought not to enter into the consideration of persons, or collateral respects. That, for your lordships to assume a discretional power, to affirm a Judgment, though at the same time, you agree it is erroneous, is to assume a power to make law, in stead of judging according to the rules of law. -That, when the commons send up a Bill to your lordships, in order to prevent the mischiefs of such destructive precedents, for your lordships to refuse to reverse those Judgments, though confessed to be erroneous, (unless upon such terms as you are pleased to impose, and to which the commons cannot, in reason, agree) is to leave the kingdom without redress against acknowledged wrongs.-It is recorded, to the honour of your noble ancestors, That they declared they would not change the laws; and the commons hope, you will pursue their steps, and not, by affirming erroneous Judgments, go about to make that law, which was not so before; and, by insisting upon collateral terms, before you will reverse those Judgments in the legislative way, take to yourselves in effect the whole power of the legislature; which is not only to change the law, but to subvert the constitution of the government; if your lordships should persist in such a way of proceeding, and the commons should acquiesce in it. The commons, therefore, hope your lordships will not persist in this unusual way of adhering, which manifestly tends to the interruption of a good correspondence between the two houses, at this time of such absolute necessity for the establishing the government, and for the peace and safety of the kingdom."* Petition against Colonel Copley.] The same day, George Mawson, deputy post-master of Kingston upon Hull, exhibited a Petition to the house, complaining that colonel Copley, lieut. governor of Hull, had divers times taken into his possession the post-mail coming to the said town, and disposed of the Letters at his pleasure, to the great prejudice of the traders, &c. of the said town, and the gentry "Upon the whole matter Oates, by the dint of the struggle, made a shift to obtain, 1. An Address from the parliament to the king, requiring that his majesty would be graciously pleased to grant him his pardon, 2. The king's pardon in consequence of that Address, and, 3. A pension of 51. a week in lieu of the several pensions formerly granted him by king Charles of 6241. 601, and 2001. per ann, which be had been deprived of, and which he had now again applied for, and expected to be restored to." Ralph. in the neighbourhood. That he having made complaint of this to John Wildman, esq. postmaster general, the said post-master ordered him to cause the mails to be brought directly to his own house; and, likewise, wrote to the said col. Copley to enjoin him, not to open the mail for the future; Notwithstanding which, the said colonel behaved as before, and sent for the petitioner to come to him, who declining it, on account of indisposition; the said Copley ordered a serjeant, and four musqueteers to bring him, tied neck and heels, which they did with such a strange violence, that the blood gushed out of his nose and mouth, and kept him in that intolerable posture for two hours. In consequence of which, the said petitioner is disabled in his limbs, and impaired in his sight, &c. and for as much as the said petitioner cannot have his remedy against the said Copley, by a due course of law, praying the house to take his case into consideration, &c. Ordered, That lieut. colonel Copley do attend the house. Aug. 14th, The said Copley attended accordingly, and the petitioner having made good his allegations, Resolved, "That the seizing the Mail, and breaking open the Post-Letters by any military officer or soldier, is a violation of the right of the subject. That the breaking open the Letters directed to, or sent from a member, is a Breach of Privilege. That the imprisoning, or inflicting any punishments, by any officer or soldier, upon any of the subjects of this kingdom, not being in actual military service, and in pay, is a violation of the rights of the people. That the case of the Petitioner be referred to the committee of grievances." Another Petition was presented against the said Copley, for exacting a farthing a tun, from every ship entering the port of Hull: upon which he was again summoned to attend the house; and alledging the said farthing a tun was his perquisite, as lieut. governor, for the maintenance of a certain Chain; Resolved, "That the levying a farthing a tun, or any sum of money on Ships coming into the port of Hull, upon pretence of maintaining a Chain there, is an illegal exaction upon the people." And he was afterwards enjoined to levy the said pretended duty no more. A tumultuous Petition of the Silk-Weavers, occasioned by a Woollen Bill.] This day the commons having sent up a Bill to the lords, for the enjoining the wearing the Woollen Manufacture of this kingdom at certain times of the year, the bailiffs, wardens, and assistants of the companies of Silk-Weavers of London and Canterbury, presented a Petition to their lordships in a tumultuous manner, praying to be heard before the said bill should be passed into a law. Whereupon the house ordered their Speaker to tell the petitioners, "That the lords did not then think fit to give an Answer, because they observed there was an unusual manner of application of men, who ought to be journment.] Aug. 20. The Bills being ready for the royal assent, the king came this day to the house of peers, where the Speaker of the commons addressed his majesty as follows: better directed by them who were bailiffs, wardens, and assistants of the Company. That the lords did first require that those crowds should go home; and when that was done, neither they, nor others, people of this nation, needed to doubt, but that their lordships would do justice, and hear the objections of parties concerned in this or any other Bill that should come before them."-And to prevent the eruption of this unruly multitude, which was supposed to be egged on by the discontented, the lords desired his majesty to command some of the horse and foot guards to be aiding to the civil powers; and ordered the governor of the Tower to take care to prevent any unlawful concourse of people in the hamlets of that fortress; the lord mayor of London to have a suthcient number of the Trained Bands in readiness to hinder the passing of any extraordinary numbers of people through the city towards Westminster. And the deputy lieutenants, and justices of the peace of Middlesex, to provide for the security of the city, and liberties of Westminster. The Weavers, seeing these preparations remained quiet in their houses: Whereupon the lords discharged the Trained Bands which had been posted in the Palace yard, Westminster. However, upon the second reading of the Bill for the enjoining the wearing the Woollen Manufactures, their lord-licy of those that laboured our destructions to ships unanimously rejected the same. Conference on the Bill of Attainder.] The commons having past the Bill, for attainting several persons in Rebellion against their majesties,' and sent it up to the lords for their concurrence, the committee whom their lordships appointed to examine the same, prayed, That the commons might be desired by a Conference to give a List to the lords of the persons that gave evidence to the commons, against the several persons designed in the Bill to be attainted; that the lords might be fully satisfied by evidence, viva voce, to attaint the several persons, (as they supposed the commons were;) for that if the lords should by themselves enquire of such evidence, they might fail of hearing all the evidence the commons had had.' The lords having agreed to this motion, a Conference was desired and managed betwixt both houses, at which the commons gave a list of the witnesses that deposed at their bar, against the persons mentioned in the Bill of Attainder. These witnesses were W. Watts, Matthew Gun, Basil Purefoy, and W. Dalton; whose Evidence not satisfying the lords, the Bill lay neglected for some days; but the commons having pressed their lordships by two Messages to give expedition to it, the house agreed with the committee in leaving out Thomas lord Howard, the earl of Dover, the lord Hunsdon, sir Roger Strickland, sir Edw. Herbert, colonel Hugh Southerland, and sir W. Jennings, because there did not appear sufficient evidence against them.-The prorogation of the parliament, which happened soon after, put a final stop to this Bill. The Speaker's Speech to the King at the Ad- "May it please your majesty; the commons in this present parliament assembled, having taken into consideration the great assistance that was given by the States of the United Provinces to your majesty, in your glorious design of restoring these kingdoms to their ancient rights and liberties, and how for that end they intrusted their army and fleet to your majesty's disposal, at a time when they had a war declared, and an invasion threatened, by the French king, merely to divert them; they do here humbly present your majesty with a Bill for the appropriating certain Duties of Excise and Customs for the raising of 600,000l. which they desire may be applied by your majesty for the satisfaction of the Charges which have been expended by the States in this Expedition.-It is little more than an age, since the most illustrious prince of Orange, your majesty's great grandfather, whose name will ever be famous for his love to his country, did, by the assistance of the English, redeem those Provinces from the like oppressions; which shews how inseparable the interests of these two nations are: and since it was the fatal po endeavour to divide us; it ought to be the endeavour of all true lovers of their countries to keep us firmly united, in order to our preservation.-The commons have likewise considered of the great Arrears that were left due by king Charles 2nd to his Servants; and have therefore made a provision of 60,000l. for them, which they humbly desire your majesty would please to distribute amongst them, in such proportions as your majesty, in your princely wisdom, shall think most fit.-And having proceeded thus far in the weighty affairs depending before them, they now become humble suitors to your majesty for a recess, that thereby they may have the opportunity of repairing into their several counties, and promoting your majesty's service there; and what remains undone at present, for want of time to dispatch, they doubt not but that they shall be able to perfect at their next meeting, and, as they hope, to the intire satisfaction of your majesty and the whole kingdom." After passing the several Bills, the lord privy seal signified, That it was his majesty's pleasure that both houses should severally adjourn themselves till Sept. 20th; but that his majesty did not intend there should then be a Session, unless some emergency of affairs happened: and that, whenever a session was to be, his majesty would give them notice by proclamation. The King's Speech to both Houses.] Oct. 19. The parliament met, when his majesty made the following Speech to both houses: * "My lords and gentlemen; Though the last sitting continued so long, that perhaps it might have been more agreeable to you, in relation to your private concerns, not to have met again so soon; yet the interest of the public lays an indispensable obligation upon me to call you together at this time.-In your last meeting, you gave me so many testimonies of your affection, as well as confidence in me, that I do not at all question, but in this I shall receive fresh proofs of both. I esteem it one of the greatest misfortunes which can befal me, that, in the beginning of my reign, I am forced to ask such large Supplies; though I have this satisfaction, that they are desired for no other purposes, but the carrying on those wars into which I entered with your advice, and assurance of your assistance. Nor can I doubt of the blessing of God upon an undertaking, wherein I did not engage out of a vain ambition, but from the necessity of opposing those, who have so visibly discovered their designs of destroying our religion and liberties. It is well known how far I have exposed myself to rescue this nation from the dangers that threatened, not only your liberty, but the Protestant religion in general, of which the Church of England is one of the greatest supports, and for the Defence whereof I am ready again to venture my life.-My Lords and Gentlemen; That which I have to ask of you at present, is, that what you think fit to give towards the Charges of the War for the next year, may be done without delay and there is one reason, which more particularly obliges me to press you to a speedy determination in this matter, because this next month there is appointed, at the Hague, a General Meeting, of all the Princes and States concerned in this war against France, in order to concert measures for the next campaign, And till I know your intentions, I shall not only be uncertain myself, what resolutions to take, but our allies will be under the same doubts, unless they see me supported by your assistance. Besides, if I know not in time what you will do, I cannot make such provisions as will be requisite, but shall be exposed to the same inconveniences, which were the cause that the preparations for this were neither so effectual nor expeditious as was necessary: the Charge will also be considerably lessened, by giving time to provide things in their proper season, and without confusion. : I have no other aim in this, but to be in a condition to attack our enemies in so vigorous a 18th of October, produced it to the Council, written with his own hand in French, at which time he was pleased to say, I know most of my predecessors were used to commit the drawing of such Speeches to their ministers, who generally had their private aims and interests in view; to prevent which, I have thought fit to write it myself in French, because I am not so great a master of the English tongue: therefore I desire you to look it over, and change what you find omiss, that it may be translated into English.' manner, as by the help of God, in a little time may bring us to a lasting and honourable peace, by which my subjects may be freed from the extraordinary expences of a lingering war; and that I can have no greater satisfaction, than in contributing to their ease, I hope I have already given proof.-That you may be satisfied how the Money has been laid out, which you have already given, I have directed the Accounts to be laid before you, whenever you think fit to call for them.-My Lords and Gentlemen; I have one thing more to recommend to you, which is, the dispatch of a Bill of Indemnity; that the minds of my good subjects being quieted, we may all unanimously concur to promote the welfare and honour of the kingdom." Resolved, That the humble Thanks of the house be returned to his majesty, for his gracious Speech The same day, the sheriffs of London waited * "The Speech, we are assured, was received with universal applause. Among the lords, no objection was started; and among the commons but one, (which met with little countenance) by sir Tho. Clarges, who made it a matter of complaint, that the words, as by law established,' did not follow the mention that was made in it of the church of England: Both houses returned their solemn Thanks; and after this seeming carnest of their good humour, it was thought advisable to provide yet farther for the peace of this session, by extinguishing, as far as possible, the broils of the last : as that had been closed by adjournment only, the several contests between the two houses were left open, and the several inflammatory bills depending; which might be again prosecuted at pleasure: but a Prorogation cancelled all, and laid the malignants under a necessity to begin their webs again. A prorogation was therefore resolved upon; and yet such was the caution of his majesty at this crisis, that he would not exercise that branch of his prerogative, without the concurrence of both houses: accordingly he applied to them for their sense of the matter, and had the pleasure to find that of the lords exactly conformable to his own but among the commons there was a party who asserted, that such a prorogation was altogether irregular, after his majesty bad in his Speech proposed new matter to their consideration: and, in truth, it seemed reasonable enough to conclude, that if a prorogation destroyed all connection between session and session, in relation to the matters depending in either house, it would also do the same with respect to the matters proposed to them from the throne. But the majority were of another mind: and thus, fortified with the approbation of both lords and commons, his majesty on the 21st put a stop to the current of public business, that it might flow the more freely on the 23d following: for it was then that he came again to the house, for form's sake, and opened the session anew with a short reference to his last Speech." Ralph. |