House of Lords Journal Volume 13: 26 April 1679

DIE Sabbati, 26 die Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day these Lords following 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:

Edward Viscount Conway.

Henry Duke of Newcastle.

Liberty of the Subject, Habeas Corpus Bill.

ORDERED, That the Amendments in the Bill for the better securing the Liberty of the Subject be further considered of on Monday Morning next, in the Committee of the whole House,

Bill for clearing London and Westm. of Papists.

ORDERED, That the Amendments in the Bill for clearing the City of London and the Parts adjacent from Popish Recusants, be taken into further Consideration on Tuesday Morning, in a Committee of the House.

Wallis versus Whistler, in Error.

This Day the Lord Chief Justice of the Court of King's Bench did, in the usual Manner, bring in a Writ of Error, to reverse a Judgement in the King's Bench; in which Writ of Error, Wallis is Plaintiff and Whistler is Defendant.

E. Powis, L. Stafford, and L Arundell of Ward. brought to the Bar.

The Earl of Powis, Viscount Stafford, and Lord Arundell of Wardour, being brought to this Bar, and kneeling, and then bid stand up, were told, "That the House of Commons have taken Exceptions to their Pleas and Answers, as argumentative and evasive, and to which the Commons cannot reply. The Lords do not give any Opinion, one Way or other, in the Case: But, if they think fit to mend their Pleas, they may; if they insist on them, they may: But the House expects such Answers as they will abide by, and stand to."

After this, they withdraw.

They are called in again; and told, "They can have but One Plea depending in Court: And if they will stand by the Plea they have put in, they may; otherwise they may put in new Pleas, and withdraw the former."

After this, the Earl of Powis, Viscount Stafford, and the Lord Arundell of Wardour, put in other Answers; and the former Answers were re-delivered them.

E. Powis's Answer.

Then the several Answers were read, as follows:

"The humble Answer of William Earl of Powis, now Prisoner in The Tower of London, to the Articles of Impeachment of High Treason, and other high Crimes and Offences, exhibited against him the said Earl and others, to the Lords Spiritual and Temporal in Parliament assembled, by the Knights, Citizens, and Burgesses in Parliament assembled, in the Name of themselves and of all the Commons of England.

"This Defendant saving and reserving to himself all Advantage and Benefit of Exception to the Generality, Uncertainty, and other Insufficiencies, of the said Articles; of which he humbly prays that Notice may be taken, and a just Regard may be had by Your Lordships:

"He saith, That he is not guilty of all or any of the Matters by the said Articles of Impeachment charged against him, in Manner and Form as they are charged against him; and, for his Trial, he humbly putteth himself upon his Peers.

"Powis."

Viscount Stafford's Answer.

"The humble Answer of William Viscount of Stafford, now Prisoner in His Majesty's Tower of London, to the Impeachment of High Treason, and other high Crimes and Misdemeanours, exhibited against him and others, to the Right Honourable the Lords Spiritual and Temporal in Parliament, by the Knights, Citizens, and Burgesses in Parliament assembled, in the Name of themselves and of the Commons of England.

"The said Viscount saving to himself all Advantage and Benefit of Exceptions to the Generality, Incertainty, and Insufficiency of the said Impeachment; most humbly beseeching their Lordships thereof to take due Notice, and thereunto at all Times to have a just Regard:

"He answereth and saith, That he is not guilty of all or any of the Offences charged against him by the said Impeachment; and, for his Trial, humbly and willingly putteth himself upon his Peers; no Ways doubting but, by the Grace of God, and their Lordships impartial Justice, he shall make his Innocence appear. All which he most humbly submitteth unto their Lordships further Consideration.

"Stafford."

L. Arundell of Ward.'s Answer.

"The humble Answer of Henry Lord Arundell of Wardour, now Prisoner in The Tower of London, to the Articles of Impeachment of High Treason, and other high Crimes and Offences, exhibited against him the said Lord Arundell and others, to the Lords Spiritual and Temporal in Parliament assembled, by the Knights, Citizens, and Burgesses in Parliament assembled, in the Name of themselves and of all the Commons of England.

"This Defendant saving and reserving to himself all Advantage and Benefit of Exception to the Generality, Uncertainty, and other Insufficiencies of the said Articles; of which he humbly prays that Notice may be taken, and a just Regard may be had by your Lordships:

"He saith, That he is not guilty of all or any the Matters by the said Articles of Impeachment charged against him in Manner and Form as they are charged against him; and, for his Trial, he humbly putteth himself upon his Peers.

"Hen. Arundell."

Message to H. C. with these Answers.

A Message was sent to the House of Commons, by Sir Miles Coke and Sir John Hoskins:

To communicate to them the several Answers of the Earl of Powis, Viscount Stafford, and the Lord Arundell, given in this Day, at this Bar, by the Lords in Person.

Killigrewe, Groom of the Chamber, freed from an Arrest.

Upon reading the Petition of Henry Killigrewe, One of the Grooms of His Majesty's Bedchamber; shewing, "That, contrary to Privilege of Parliament, he is arrested (the Parliament now sitting) and detained Prisoner in Custody at the House of Edward Moulton, at the Suit of Thomas Price Milliner:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Killigrew be forthwith discharged from his present Restraint, by reason of the said Arrest contrary to Privilege; and this shall be a sufficient Warrant on that Behalf.

To the Head Bailiff of the City and Liberties of Westm. and all his Under Officers whom this may concern.

Elms & al. to be attached, for arresting him.

Upon Complaint to this House, and Oath made at the Bar, "That Henry Killigrew, One of the Grooms of His Majesty's Bedchamber, is arrested, the Parliament now sitting, by Robert Elmes Bailiff, at the Suit of Thomas Price Milliner, by the Prosecution of Ince Attorney at Law:"

All which Proceedings being contrary to the Privilege of Parliament; it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy or Deputies, shall forthwith attach the Bodies of the said Robert Elmes, Thomas Price and Ince, and bring them in safe Custody to the Bar of this House, to answer for their said Offences; and this shall be a sufficient Warrant on that Behalf.

To Sir Geo. Charnock, Serjeant at Arms attending this House, his Deputy and Deputies, and to all His Majesty's Officers Civil and Military, to be aiding and assisting in the Execution hereof.

Countess of Portland's Privilege: Recusancy.

Upon reading the Petition of Frances Countess of Portland; shewing, "That, in the last Parliament, she, by Petition, complained to this House, of Proceedings had against her in 1674, contrary to Privilege of Parliament, whereby she was indicted and convicted of Recusancy; and praying now, That she may be relieved against the said Proceedings, and have the favourable Assistance of this House to His Majesty, for the perfecting of His Royal Pardon granted to her for the same:"

After Consideration had thereof, it is ORDERED, That the Clerk of the Parliaments look out, and have in a Readiness, the Proceedings of this House upon the former Petition of the said Countess of Portland, against Tuesday next, at Ten of the Clock in the Forenoon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 28^um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.