Conventicles, with the humble desire of this house for his majesty's continuance of the same care for suppressing of them for the future." The concurrence of the lords being desired, and readily obtained, on the 6th of Nov. both houses, in pursuance of this Vote, attended his majesty in the Banquetting House in Whiteball, where the lord-chief-justice Vaughan, supplying the room of the Lord-Keeper then indisposed, in the name of both houses returned his majesty the fore-mentioned Thanks for which he returned them this particular Answer, "My lords and gentlemen; I thank you for this mark of your affection to me: I doubt not of the continuance and concurrence of it in other things, as well as in this of my Proclamation: I recommend to you, that you would well weigh all that I say and desire in it towards the welfare and peace of the nation; in order to which, as I shall always be ready to contribute my utmost endeavours, so I hope you will never be failing in yours to enable me to do it." After which, the commons appointed a committee to enquire into the behaviour of the Dissenters, who reported, "That there were divers Conventicles and other seditious meetings near the parliament, where great numbers of evil-affected persons frequently meet; which they conceived, was not only an affront to the present government, but also of imminent danger to both houses of parliament, and the peace of the kingdom." Upon which, the whole house made this Declaration and Resolution, "That they will adhere to his majesty in the maintenance of the government of the Church and State, as it is now established, against all enemies whatsoever." Shortly after, information was given to the house from the Lord General, "Of the great resort of dangerous and disaffected persons to this town, and of their meetings and endeavours to disturb the public peace; and that he had, and would take care what he could to prevent their attempts." Upon which the commons immediately resolved, "That the thanks of the house be returned to the Lord-General, for his care in preserving the peace of the kingdom." So that the suppressing or restraining of Conventicles was now looked upon not so much a matter of Religion, as of necessity and safety to the government.

Sir S. Bernardiston's Narrative to the House.] As to the point of Privilege, the commons, not having satisfaction in the last session, revived the debate of the Difference between the two Houses, as it stood upon the Case of the East-India Company, and Skinner the merchant; and, understanding that sir Samuel Bernardiston was a particular sufferer by the lords in this case, they examined him in the matter, who, at the bar of the house, gave them this short account: "Mr. Speaker, as soon as the commons, according to his majesty's command, had adjourned themselves on the 8th of May, 1668, I was presently called as a delinquent upon my knees to the bar of the lords house, and demanded, What I had to say for

myself why the judgment of that house should not pass upon me, for having a hand in, and being one of the contrivers of a scandalous Libel against that house to which my reply was, That I knew not myself to be concerned in any scandalous libel; but true it was, I did deliver a Petition to the house of commons, in behalf of the East-India Company by their order, being Deputy-Governor; and I did it out of no other design, than to preserve the Company's interest and estate, according to my oath and duty of my place. Then I was commanded to withdraw, and others were called in: soon after some of the lords came to me in their lobby, and told ine, the house was highly incensed against me; that I should presently be called in again, and if I did not then submit myself, and own my fault I must expect the indignation of the house of peers to fall upon me. And being called in again the second time, it was demanded, What further had I to say for myself, before judgment should pass against me. When repeating my former discourse, adding, That I had no design to create any difference between the two houses, but to preserve the Company's estate: yet if I had offended their lordships, I humbly begged their pardon. Being then commanded to withdraw again, I was afterwards called in: and, being upon my knees, sentence was pronounced against me, to pay 3007. fine to his majesty, and to lie in custody of the black-rod till the money was paid. And accordingly, sir John Eyton, usher of the black-rod, kept me in his custody till the 10th of Aug. following, when, at 9 at night, he came to me and said, sir Samuel, I am come to discharge you from your imprisonment, and you may go when, and where you please. I then demanded how this unexpected releasement came to pass, and to whom I was beholden for the same. He replied, You are discharged upon honourable terms, but pray ask me no questions, for I must make you no answer: yet if I see you to-morrow, after the house is adjourned, I will tell you more; there is a mystery, but I have sufficient authority for what I do."

Resolutions of the Commons thereupon.] Upon hearing of this, the house fell into a warm debate about some expedients for settling the Difference in point of Privilege and Jurisdiction of the two houses, which could not be ended that night; and after that they resolved to bring in a Bill for that purpose. This appeared to be a matter of too great nicety and difficulty to be effected in a short time. However, after conferences with the house of lords, they came to these Resolutions. “I. That it is an inherent right of every commoner of England to prepare and present Petitions to the house of commous in case of grievance, and the house of commons to receive the same in evidence whereof, it is one of the first works that is done by the commons, to appoint a grand committee to receive Petitions and Informations of Grievances. II. That it is the undoubted right and privilege of the com

to vacate the Judgment against the East-India
Company, given by them the last session of
this parliament."

PROCEEDINGS RELATIVE TO THE IMPEACHMENT
OF THE EARL OF ORRERY.

Nov. 25. A Petition of Sir Edw. Fitzharris, bart. and Philip Alder, gent. against the earl of Orrery was read, containing in substance, raising of moneys, by his own authority, upon his majesty's subjects; defrauding the king's subjects of their estates. The money raised was for bribing hungry courtiers to come to bis ends, and if the king would not, he had 50,000 swords to compel him.

Mr. Garroway moves to have the point of time asserted when these things were done: if the petitioners had concealed it long, then his majesty was in danger. The Petitioners were then called in, and affirmed the words spo e and things done, since the Act of Indemnity. Colonel Sandys moved it to be taken into consideration; and attributed our misfortunes to moneys so disposed of.

Sir R. Curr moves that the treasonable words may be read, and the gentlemen of the long robe may give their judgments what they amount unto.

Serj. Maynard. The charge is general, treason and misdemeanor. He thinks the words are treason. 25 Edw. 3d, is the measure

of treason.

Sir Fr. Goodrick. Words make not a treason, but this is by act 25 Edw. Sd.

mons to judge and determine concerning the nature and matter of such Petitions, how far they are fit or unfit to be received; and that in no age they found any person presenting a Grievance by way of Petition to the house of commons, and received by them, that was ever censured by the lords, without complaint by the commons. III. That no court whatsoever hath power to judge or censure any Petition presented to the house of commons, and received by them, unless transmitted from thence, or the matter complained of by them: and that no suitors for justice in any inferior court in law or equity, are therefore punishable criminally, though untrue, or suable by way of action in any other court; but are only subject to a moderate fine or amercement by that court, unless in some cases specially provided by act of parliament, as appeals, or the like. In case men should be punishable in other courts for presenting Petitions to the house of commons, it may deter his majesty's subjects from seeking redress of their grievances, and frustrate the principal end for which parliaments were ordained. IV. Whereas a Petition from the East-India Company was presented to the house by sir Samuel Bernardiston and others, complaining of Grievances therein, which the lords have censured under the notion of a Scandalous Paper. or Libel: the said censure, and proceeding of the lords against the said sir Samuel, are contrary to, and a subversion of the rights and privileges of the house of commons, and liberties of the commons of England; and further, no Petition, or any matter depending in the house of commons, can be taken notice of by the lords, without breach of privilege, unless permitted by the house of commons. V. That the continuance upon record of the Judgment given by the lords, and complained of by the commons, in the last session of this parliament, in the case of Tho. Skinner and the East-India Company, is prejudicial to the rights of the commons of England." In conclusion they added this further Allegation, "That the house of peers, as well as all other courts, are in all their judicial proceedings to be guided and governed by law but if they shall give a wrongful Sentence contrary to law, and the party grieved might not seek redress thereof in full parliament, and for that end repair to the house of commons, (who are part of the legislative power); that either they may interpose with their lord- Mr. Edw. Seymour. The charge had not ships for the reversal of such Sentence, or pre-been brought against lord Orrery, if one had pare a Bill for that purpose, and for the pre- been brought against the duke of Ormond. venting the like Grievances for the time to come; the consequence thereof would plainly be, That their lordships judicature is boundless and above law, and that the party grieved shall be without remedy." Therefore, as a present Remedy, they resolved upon these two following Propositions to be presented to their lordships: "1. That the lords be desired to vacate the Judgment against sir Samuel Bernardiston, given the last session of this present parliament. 2. That the lords be also desired

VOL. IV.

Mr. Edw. Seymour. We have found that a charge of high treason in the house of commons, is a remedy for the gout. Wonders that the words have been called in question, reflecting on the duke of Ormond.' This had never been brought in question, if those had been silenced-Would have him summoned; but if he cannot come, would have his charge sent him.

Colonel Sandys. Would know who the persons are Seymour mentions.

Sir R. Howard. No discourses of well or ill men should come before us, when a person is accused. It is a hard thing these words should have been concealed thus long; no man can make this treason by 25 Edw. 3d.

Lord Cavendish takes him down to the

Orders. Not proper to launch into any thing that is not in the business before us.

Sir R. Howard. The earl of Meath came to acquaint him with his business, which he will tell you more of hereafter -Moves that the business may be prosecuted, and that if lord Orrery cannot come he may be brought in a chaise. What way would you go, pray resolve on presently on 25 Edw. 3d: he cannot

Third son of the first, commonly called the great, earl of Cork, and equally distinguished as a general, a statesman, and a poet,"

2 F

be ́accused; if on 13 Car. II. it lies at their doors that so long have concealed it.

Sir Tho. Lee. Common fame has made these two great lords enemies. He hopes, by their falling out, the king and his subjects may be the better for it.

Sir R. Temple thinks the words are a misprision of the king's government: words though not treason, may be evidence of treason; if they do design to perpetrate some treason, they are treason: Would have the Petitioners called in, to know whether they have two witnesses to prove these words. By too long silence, they might have time to execute their treason. If you conclude it treason, the person must hear his charge read in his place, and his answer, and then withdraw.

The Earl's Defence.] Dec. 1. The earl of Orrery, in his seat near the bar, answers his Charge. Because of his indisposition of the gout* sir Robert Howard asked leave that he might sit, which was granted. The car began with acknowledging, with all humbleness, the justice and favour of the house, in having the ten Articles sent him. The Articles bring no less than his life and estate, and, what should be more than both, his loyalty, in question; but he has innocence, without which he durst not appear before the house. He should be unworthy to serve his country in this place, should he fly your justice. In some places the Articles are dark, in some places intricate and immethodical. If, by reason of some months sickness, and a spirit wounded with such a charge, he mis-express himself, he hopes he shall be pardoned.-Art. I. He thinks rather a Narrative than a Charge. The Charge says not that those he corresponded with were traitors or rebels. It is no crime to hold corres Mr. Swynfin would be informed how you pondence with the militia, for if they had will proceed, in order to information where power to do ill, they had power to keep from he may be tried, the treasonable words being ill; they were the interest the king took care said to be spoken in Ireland. He must first of. Should he say, ' England lies a bleeding, be heard, and witnesses must be examined. now London is burning,' these were words to The words may be treason, or not treason, ac- stir up compassion rather than rebellion. They cording to circumstance: Thinks it a parlia-(the petitioners) accuse him of no bad inten mentary way to appoint some short time for examination of witnesses, and then call it what you will, and draw up the charge.

Sir Job Charlton cites Pine's case, that the king was a fool, and unfit to govern.' The Irish Friar at Lisbon, who said, he would come over to kill king James,' was guilty of

treason.

Mr. Garroway would not have him committed, but heard in the house: would have the petitioners give security to prosecute, and the member likewise be secured to appear.

tion in what he did, and no ill consequence followed upon it.-To Art. II. That he gained to his own use great sums of money, to raise up sedition, and told the purchasers, that unless money was raised to feed the hungry courtiers, nothing would be done; and levied 13,750l. to obtain his ends by corrupt means, Sir R. Howard. If they be trucking wit- which noneys were converted to his own use: nesses, to keep this in the dark so long, Answers, It is not his custom to use uncivil they deserve a rebuke, and at least to give language to any, much less to a courtier. The security to prosecute. Lord Orrery will un-king will find those who exhibited the Articles dergo any torture rather than the torture of not answering his charge.-On a division it was resolved, that Treasonable Matter was contained in this Charge, 182 to 144.

more apt to rebel than the Irish interest. There were voluntary subscriptions of one penny per acre towards the charge of getting an Act of Settlement. Is it a likely thing that Sir Winston Churchill knew not how we he should put them into rebellion, and not could proceed against lord Orrery, being a head them; cheat them of their money, and privy counsellor. But it was averred he had think to have an interest in them? If this Arno Privilege in that case. It was then Re-ticle were true, he was fitter to be sent to Bedsolved, "That lord Orrery be sent for in custody of the serjeant at arms." It was also ordered, That a copy of the Articles against lord Orrery be sent him by the serjeant at arms, and his attendance required, to give his Answer to them; if he be not able to come, then that the serjeant is to leave a keeper with him, to attend him till he is".

During the Debate no member was suffered to go out, without leave asked, and when obtained, was enjoined by the Speaker not to communicate any thing that passed in the House." It was the sentiment of a great and dangerous minister, sir Tho. Clifford, that he should be able to do nothing in Ireland, while Orrery was president of Munster; and this is the secret of bringing the impeachment against him into parliament. The earl having

had timely notice of the design of his enemies, came over, and took his seat in the English house of commons, but being seized with a violent fit of the gout, that opportunity was taken by his adversaries to bring on his affair, and to get him committed." Love's Memoirs of the earl of Orrery.

"As the earl of Orrery, being scarce half recovered from his gout, was going up the stairs, leading from Westminster-hall to the Court of Requests, one of his friends observing to him that he ascended the steps with great difficulty and pain, 'Yes,' said he my feet are weak, but if my heels will serve to carry ine up, I promise you my head shall bring me safe down again." Morrice's Memoirs of the earl of Orrery, chap. 6. His lordship prophesied right.

The charge was, 'That he, by a paper-causing some of his own creatures to take and order, dispossessed one Edmund Fitzgerald of a house, and 2000 acres of land; slew one of Fitzgerald's servants, and mortally wounded others, &c.'