House of Lords Journal Volume 13: 8 May 1679

DIE Jovis, 8 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Plymouth introduced.

This Day, Charles Fitz Charles Earl of Plymouth was introducted, in his Robes, in the usual Manner, between the Earl of Sunderland and the Earl of Bath, in their Robes.

His Lordship presented his Patent of Creation and Writ of Summons, upon his Knees, to the Lord Chancellor on the Woolsack; which, being delivered to the Clerk, were read:

First, the Patent, which bears Date the 29th of July, A° 27° of King Charles the Second.

The Writ bears Date the 7th of May, in the 31th Year of the Reign of King Charles the Second.

Lords take the Oaths.

After this, Charles Fitz Charles Earl of Plymouth, and Oliver Earl of Bolingbrooke, 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.

Then the Earl of Plymouth was brought and placed at the lower End of the Earls Bench.

This Day, Anthony Earl of Shaftesbury Lord President of His Majesty's Privy Council, Arthur Earl of Anglesey Lord Privy Seal, and George Viscount Halyfax, took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration against Transubstantiation, pursuant to the Act made in the 25th Year of His now Majesty's Reign, for preventing the Dangers which may happen from Popish Recusants: Their Witnesses, being first sworn at the Bar, did prove the Truth of their Certificates, concerning their Lordships receiving the Sacrament of the LORD'S Supper.

E. Danby to be heard by Counsel.

Upon reading the Petition of Thomas Earl of Danby; praying, "That the Order of this House, of the Sixth Instant, made in his Case, which he suggesteth to be defective, as to the Assistance of his Counsel in Defence of his Plea, may be explained:"

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Counsel of the said Earl of Danby are to attend with him, and be heard in his said Defence.

Witnesses for Five impeached Lords, to attend.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Bryan Broughton, Sir Thomas, Whitgrave, Mr. Thomas Kennersley, Mr. Ralph Lawson, Mr. Thomas Abnell, Mr. William Pawlet, Nathaniell Caulkin, Elizabeth Eld, Ann Eld, Thomas Perry, James Jones, Mr. Ralph Phillips Parson of Tixall, Mr. Sambeech, Mr. Thomas Astely, Mr. Goodard Servant to the Bishop of Litchfeild and Coventry, Thomas Sayer, Mr. Richard Gerrard of Hillerson, John Proctor, Thomas Hollowes, John Pallet of Ridgley, Walter Collins of Stafford, Thomas Parker, Thomas Winter, John Menter, Anthony Landracy, William Parker, Anthony Cooke, James Baylie, John Joseph, Peter Carpenter, William Bradford, Elizabeth Silleyer, Edward Wood, John Minney, Thomas Andrewes, be, and are hereby, required to appear before the House of Peers, in Westminster Hall, to give Evidence of what they know, or can say, on the Behalf of William Earl of Powis, William Viscount Stafford, William Lord Petre, Henry Lord Arundell of Wardour, and John Lord Bellasis, or any of them, in their making their Defences upon their respective Trials, on Tuesday next, being the Thirteenth Day of this Instant May, and such Times after as the said Trials shall continue.

Harcourt, a Jesuit, to be brought to the Bar.

The Earl of Clarendon reported from the Committee of Examinations, "That William Harcourt, the Jesuit, is taken; and is now in the Hands of the Officer that took him."

It is ORDERED, That the said William Harcourt be brought to this Bar presently; and Mr. Oates and Mr. Bedlo to be then also present.

Drake's Bill.

Hodie 3^a vice lecta est Billa, "An Act to confirm certain Leases made by John Drake and others, and to enable Sir Francis Drake to make a Jointure and raise Portions for his Daughters and Younger Children."

The Question being put, "Whether this Bill "shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Samuell Clerke and Sir John Hoskyns:

To deliver the Bill concerning Sir Francis Drake, and to desire Concurrence therein.

Message from thence, to sit.

A Message was brought from the House of Commons, by Sir William Franckland, &c.

To acquaint their Lordships, that the Commons do intend to sit; and they desire their Lordships would please to fit likewise.

Liberty of the Subject, Habeas Corpus Bill.

The House took into Consideration the Amendments in the Bill for the better securing the Liberty of the Subject; and as to the Amendment in the 4th Skin and 3d Line, after ["committed"], add ["or in such other Court where the said Offence is properly cognizable]."

The Question being put, "Whether to insist upon this Amendment?"

It was Resolved in the Affirmative.

Wallis versus Whistler, in Error.

Upon reading the Petition of Thomas Wallis; shewing, That he having obtained a Judgement in the Court of King's Bench against Philip Whistler (which Judgement is affirmed in the Court of Exchequer,) the said Philip Whistler hath (for Delay) brought the said Judgement into this Court, on the 26th of April last, by Writ of Error; but hath not assigned Errors thereon, according to the Rule of this Court; and therefore praying, That the said Judgement may be affirmed:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That if the said Philip Whistler shall not assign his Errors upon the said Writ of Errors, peremptorily, by Monday next, being the 12th Instant, at Ten of the Clock in the Forenoon, this Court will affirm the said Judgement, and remit the Transcript thereof, to the said Writ of Error annexed, into the Court of King's Bench; whereof the Petitioner is to cause timely Notice to be given to the said Philip Whistler for that Purpose.

Adjourn.

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

Post meridiem.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. for a Conference about the impeached Lords; and to remind the Lords of the Habeas Corpus Bill.

A Message was brought from the House of Commons, by Sir Christopher Musgrave:

To desire a Conference, concerning the Matter of their Lordships last Message sent to them, concerning the Trials of the Earl of Danby and the Five Lords in The Tower.

2. To put their Lordships in Mind of a Bill sent from the House of Commons, for the better securing the Liberty of the Subject.

The Question was put, "Whether to give a present Conference with the House of Commons, in the Painted Chamber?"

It was Resolved in the Affirmative.

The Answer returned was.

Answer.

That this House will give a Conference, as is desired; and appoint the same to be presently, in the Painted Chamber.

These Lords following were appointed to report this Conference:

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

Report of the Conference.

Then the Lord President reported the Effect of the Conference; which was,

"That the Commons suppose your Lordships do intend, in all the Proceedings upon the Impeachments now depending before your Lordships, to follow the usual Course and Methods of Parliament. And the Commons cannot apprehend what should induce your Lordships to address to His Majesty for a Lord High Steward, in order to the determining the Validity of the Pardon which hath been pleaded by the Earl of Danby to the Impeachment of the Commons, as also for the Trial of the other Five Lords; because the Commons conceive the Constitution of a High Steward is not necessary; but that Judgement may be given in Parliament, upon Impeachment, without a High Steward.

H. C. desire a Committee of both Houses may meet, to settle Matters relative to the Trial of the impeached Lords.

"There being several other Matters contained in your Lordships Messages, touching the Trial of the Lords Impeachments, which, if not settled, may occasion several Interruptions and Delays in the Proceedings; the House of Commons do therefore propose to your Lordships, that a Committee of both Houses be nominated, to consider of the most proper Ways and Methods of Proceedings upon Impeachments of the House of Commons, according to the Usage of Parliament, that thereby those Inconveniencies may be avoided."

After a long Debate;

The Question was put, "Whether to agree with the Desire of the House of Commons at the Conference, to have a Committee of both Houses, to consider of the Manner of the Trials of the Lords?"

It was Resolved in the Negative.

Protest against refusing it.

"Dissentientibus,

"Finch, C.
Arlington.
Shaftesbury, Pr.
Huntingdon.
Bedford. Derby.
Clare. Essex. Clarendon.
Newport. Strafforde. Salisbury.
Delamer.
R. Eure.
Rockingham.
Halifax.
Pagett.
P. Wharton.
Grey.
J. Lovelace."

Message to H. C. for a Conference on the Supply Bill.

A Message was brought from the House of Commons, by Mr. Grey and others:

To desire a Conference, concerning the Amendments made by their Lordships in the Bill for granting a Supply to His Majesty, for paying off the Army.

The Answer returned was:

Answer.

That their Lordships will give a Conference, as is desired; and appoint the same to be presently, in the Painted Chamber.

The same Lords who reported the last Conference are to report this.

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

Report of the Conference.

The Lord President reported the Effect of the last Conference; which was, "That the Commons agree to the Amendments made by their Lordships in the Names; but they do not agree in the Clause concerning Landlords and Tenants, because they conceive it is provided for already in another Act.

"Neither do the Commons agree with their Lordships in the Amendments concerning the Isles of Jersey and Guernsey, nor in that Clause concerning Lemuell Kingdon."

The Lords departed from these Amendments; and agreed with the House of Commons, in regard of the great Necessity of the speedy passing this Bill.

Message to H. C. that the Lords agree to the Supply Bill.

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

That the Lords, in regard of the Necessity of the speedy passing the Bill for granting a Supply to His Majesty, for paying off the Army, have departed from their Amendments, and agreed with the House of Commons.

Harcourt, a Jesuit, examined:

William Harcourt was brought to this Bar; and Mr. Oates did charge the said William Harcourt, "That he was a Jesuit, and was made Rector of London; and that he was at the Consultation in London, about April was Twelvemonth, about the Conspiracy against the Person of His Majesty and His Government."

Whereupon the House made the following Order:

Committed to Newgate.

"Whereas William Harrison, alias Harcourt, was this Day brought to the Bar, and was there charged with High Treason: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House do take special Care forthwith to convey the said William Harrison, alias Harcourt, in Safety, to Newgate, there to remain a Prisoner till he shall be discharged by due Course of Law; and for so doing, this shall be a sufficient Warrant.

"To the Gentleman Usher of the Black Rod attending this House, as also to the Keeper of the Prison of Newgate, and their respective Deputies, and every of them."

ORDERED, That this House be called Tomorrow Morning.

Address to the King, to pass the Supply Bill.

ORDERED, That the Lords with White Staves do let His Majesty know, "That both Houses of Parliament have agreed to the Bill for raising Money, to pay off and disband the Forces raised since the 29th of September, 1677; and humbly to desire His Majesty, That He will be pleased to give His Royal Assent to the said Bill To-morrow Morning."

King's Answer.

The Lord Maynard reported, "That the Lords with White Staves have attended His Majesty, with the Desire of this House, concerning His Majesty's giving His Royal Assent to the Bill for raising Money, to pay off and disband the Forces raised since the 29th of September, 1677: And His Majesty returns this Answer, That He will come To-morrow Morning, and give His Royal Assent to that Bill."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 9^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 13th of May, 1679, by us,

J. Bridgewater.
Stamford.
Seth Sarum.
North & Grey.
J. Robertes.
Byron.
Vaughan Carbery.