House of Lords Journal Volume 13: 12 April 1679

DIE Sabbati, 12 die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

These Lords following this Day took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, in Pursuance of the Act for the more effectual preserving of the King's Person and Government, by disabling Papists from sitting in either House of Parliament:

Thomas Lord Leigh.

Edward Lord Bishop of Carlile.

Sydway discharged.

Upon reading the Petition of John Sydway, now Prisoner in The Gatehouse; acknowledging his Offence and Sorrow, for misbehaving himself when he appeared at the Bar of this House, and begging Pardon for the same:

After Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Sydway be, and is hereby, discharged from his present Imprisonment in The Gatehouse, paying his Fees: And this shall be a sufficient Warrant on that Behalf.

To the Keeper of the Prison of The Gatehouse at Westm. his Deputy and Deputies, and every of them.

Lulworth Castle, Weld's House, searched for Arms; and to remain as it was.

Upon Report made by the Earl of Clarendon, from the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy, "That Lullworth Castle, being the Dwelling of Humphrey Weld Esquire, having by Order been searched for Arms, and some Arms found there; it appearing to the said Lords Committees that the said Castle lieth upon the Sea Coasts, and that the said Arms are kept there for the Security of the said House, and the Houses of the Inhabitants adjacent, from the sudden Incursion of Strangers landing upon the Coast thereabouts, who have heretofore made Spoil there:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Arms now being in the said Castle of Lulworth shall remain and be continued there, for the Security of the said Inhabitants, as aforesaid.

Thanks to the Bp. of Rochester, for his Sermon.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House be given to the Lord Bishop of Rochester, for his Sermon preached before the House of Peers in the Abbey Church at Westm. Yesterday, being the Day appointed by His Majesty to be observed as a Public Fast-day; and his Lordship is desired by this House to print and publish his said Sermon.

Impeached Lords, having Extracts from the Journals, to be considered.

The House took into Consideration, "Whether to revoke, the Order made for the Lords in The Tower to have Liberty of having Copies out of the Journals of this House, to be made Use of for their Defence at their Trials."

The Opinion of the Lord Chief Justice of the Common Pleas, Baron Thurland, and Mr. Attorney General, was required upon this Case:

Judges Opinion.

"Whether, in inferior Courts, a Prisoner that stands in Question for his Life may be denied Copies of any Entries upon Record for his Defence?"

And their unanimous Opinion is, "That no Prisoner indicted for any Capital Offence in the King's Bench can have a Copy of the Indictment, without Order of the Court.

"That such a Prisoner cannot of Right demand Copies of Informations of Witnesses against him."

The House came to no Resolution herein.

Lawson appointed Solicitor for the Five Lords.

It is this Day ORDERED, That Mr. Henry Lawson be, and is hereby, assigned to be Solicitor for the Earl of Powis, Viscount Stafford, Lord Petre, Lord Arundell of Wardour, and Lord Bellasis, now Prisoners in The Tower, upon their Lordships Request for that Purpose, to look after and manage such Matters as may concern them, or any of them, in order to their Trials; and that the said Henry Lawson may, from Time to Time, till the said Trials shall be over, have free Liberty of Access to their Lordships, or any of them, for that Purpose.

Counsel.

ORDERED, That Mr. Thompson is assigned Counsel for the Lord Bellasis, and Mr. Hunt for the Lord Viscount Stafford.

Tuchet & al. exempted from the Act for better Discovery of Popish Recusants.

Whereas there is a Bill now depending in Parliament, intituled, "An Act for the better Discovery and more speedy Conviction of Popish Recusants;" wherein Provision is made, That Mervin Tuchet Esquire (with other Persons therein named), who, although Papists, were yet very instrumental in the Preservation of His Majesty's Sacred Person after the Battle at Worcester, and have thereby merited, as a Reward of their Loyalty, to be distinguished from others of their Religion:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mervin Tuchet and his Wife be, and they are hereby, protected from Imprisonment and Confinement of their Persons, or any other Penalties to be inflicted on Popish Recusants, for refusing any Oaths (except the Oath of Allegiance), or not repairing to Church to hear Divine Service, or receiving the Sacrament according to the Usage of the Church of England, during the Depending of the said Bill in Parliament.

ORDERED, That the Committee for the Bill for clearing London from Popish Recusants do meet on Monday next, in the Afternoon.

Message from H. C. to sit P. M.

A Message was brought from the House of Commons, by Sir Tho. Lee, &c.:

To acquaint their Lordships, that the Commons intend to sit this Afternoon; and to desire their Lordships will be pleased to sit likewise.

Answer.

The Answer returned was:

That this House intends to sit this Afternoon.

State of Ireland.

ORDERED, That on Tuesday next this House be put into a Committee, to proceed further in the Consideration of the present Condition of the Kingdom of Ireland.

Bp. of Litch. excused.

This Day Richard Whitworth and Richard Doxy, upon Oath, at this Bar, deposed, "That the Lord Bishop of Coventry and Litchfeild is in Staffordshire, and is at present so ill, that he is not able to come to London."

Upon which, his Lordship is excused.

Fire in FetterLane.

Stubbs, a Papist, to be apprehended.

The Earl of Clarendon reported, from the Lords Committees for Examinations, "That they had received Information, that there was on Thursday Night last a Fire in Fetter-Lane; and the Maid Servant of the House, being apprehended upon Suspicion, said, she was bid to do it by one James Allen: But, upon further Examination, she confessed that one Stubbs, a Papist, and Butler to the Countess of Shrewsbury, offered her Five Pounds, so as she would set her Master's House on Fire: For the apprehending of which Stubbs, a Warrant is issued out by Mr. Thomas Bayles, a Justice of the Peace."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quarta, Dominis sic decernentibus.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. for a Conference about the E. of Danby.

A Message was brought from the House of Commons, by Mr. Grey, &c.:

To desire a Free Conference, touching the Subjectmatter of the last Free Conference.

The Answer returned was:

Answer.

That the Lords have considered their Message, and agree to a Free Conference; and appoint it to be presently, in the Painted Chamber.

The same Lords who managed the last Free Conference are appointed to report this.

The House was adjourned during Pleasure, and the Lords went to the Free Conference; which being ended, the House was resumed.

Report of the Conference.

And the Earl of Shaftesbury reported, "That Sir Francis Winnington managed this Conference: He told us, That the Methods in the Commons Proceedings about the Earl of Danby have been acknowledged by your Lordships to be right, and according to former Precedents, and therefore every Way justifiable.

"That your Lordships did declare, That your most cogent Reasons were better to be understood than expressed.

"That the Commons did agree with your Lordships, that this did occasion long Disputes, and that Delay was very prejudicial; wherefore the Commons did earnestly desire, that we would agree with them in their Bill; for the Commons did stand to their former Proceedings.

"The next that spake was Sir Thomas Lee; who told us, That, if your Lordships were not satisfied in any Particular, they were ready, at a Free Conference, to debate the Matter with us; otherwise they were to acquaint us, that the Commons had adhered.

"Several of them did acquaint us, That there was in the Bill a Mistake, which the House desired might be mended; the ["10th"] of April for the ["15th"]; which upon Perusal would be evident."

Debate adjourned.

ORDERED, That this House be adjourned till Monday Morning, at Nine of the Clock; and the Consideration of the Report of this Free Conference is adjourned to Eleven of the Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 14^um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 14th of April, 1679, by us,

Anglesey, C. P. S.
J. Bridgewater.
Rivers.
P. Wharton.
Byron.
Vaughan Carbery.
Delamer.