House of Lords Journal Volume 13: 10 May 1679

DIE Sabbati, 10 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with an Address to the King.

A Message was brought from the House of Commons, by Sir Robert Carr and others:

To let their Lordships know, That the House of Commons have made an Address, to be presented to His Majesty; wherein they desire their Lordships Concurrence:

The said Address was read; and Agreed to, with the Addition of the Words ["Lords Spiritual and Temporal."]

Which Address follows:

Address for raising the Militia of London and Westm.

"We, Your Majesty's most loyal and dutiful Subjects, the Lords Spiritual and Temporal, and Commons, in Parliament assembled, taking Notice of the great Resort of the Multitude of Jesuits, Popish Priests, and other Popish Recusants, to the Cities of London and Westminster, and Parts adjacent, and their obstinate Continuance there, in Contempt of Your Majesty's Laws and Royal Proclamations in Pursuance thereof; and considering the great Dangers that may ensue thereby, especially at this Time of the approaching Trials of the Popish Lords now Prisoners in The Tower, in whose Behalf some desperate Attempts may be made; for the Prevention thereof, and for the better Security of Your Majesty's Sacred Person, do most humbly beseech Your Majesty, That Your Majesty would be graciously pleased to give Order, that the Militia of London and Westminster, Southwark, The Tower Hamlets, and the Counties of Midd. and Surrey, may immediately be raised, and put in a Posture of Defence, in such Proportions, and for such Time, as Your Majesty shall think fit."

The Answer returned was:

Answer to H. C.

That this House unanimously agrees with the House of Commons in this Address to His Majesty.

E. of Danby's Counsel will not appear, on account of a Vote of H. C.

Upon reading the Petition of the Earl of Danby, shewing, "That he is now attending according to their Lordships Order, and expected to have met his Counsel assigned by their Lordships for the Defence of his Plea; but he hath received a Message from every One of them, that they dare not appear to argue for him, by reason of a Vote of the House of Commons passed Yesterday, whereby the Petitioner is destitute of all Counsel, and is thereby totally disabled of making his legal Defence; therefore prayeth Relief and Directions herein:"

It is ORDERED, That this Petition be communicated to the House of Commons, at a Conference; and to know of them, whether they have made any such Vote.

Message to them, for a Conference about it.

A Message was sent to the House of Commons, by Sir John Coel and Sir Tymothy Baldwin:

To desire a present Conference, in the Painted Chamber, concerning a Petition received from the Earl of Danby.

Message from thence, for a Conference about the Trials.

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

That the House of Commons pray a Conference with their Lordships, upon the Subject-matter of the last Conference.

Answer.

The Answer returned was:

That this House agrees to a Conference, as is desired; and appoints 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 concerning the Desire of H. C. for Committees to meet about settling the Method of Trial of the impeached Lords.

Then the Earl of Salisbury reported the Effect of the last Conference; videlicet,

"That, for Answer to the last Conference, the Managers of this Conference were commanded by the House of Commons to say to your Lordships, That your Lordships do not offer any Answer or Satisfaction to the Commons, in their necessary Proposal amicably offered by Way of Supposition, that they might have been confirmed therein by Answer from your Lordships, That 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 further, that your Lordships have not given the least Answer or Satisfaction to the Commons, concerning your Lordships addressing to the King for a Lord High Steward, though the Commons proposed their Desire of Satisfaction in that Matter in as cautious Terms as could be, on Purpose to avoid all Disputes about Judicature. The Commons, to avoid all Interruptions and Delays in the Proceedings against the Lords impeached, and the Inconveniencies that may arise thereby, having proposed to your Lordships, That a Committee of both Houses might be nominated, to consider of the most proper Ways and Methods of Proceedings upon Impeachments; your Lordships, without any Reason assigned (save only that you say, you do not think it comformable to the Rules and Order of the Proceedings of this Court) have refused to agree with the House of Commons in appointing such a Committee, though not heretofore denied to the Commons, when asked upon the like Occasion, and at this Time desired purposely to avoid Disputes and Delays.

"And therefore the House of Commons have commanded us to acquaint your Lordships, That, Things standing thus upon your Answer, they cannot proceed in the Trials of the Lords, before the Methods of Proceedings be adjusted between the Two Houses."

After a long Debate hereof,

The Question was put, "Whether a Committee of this House shall be appointed to meet with a Committee of the House of Commons to confer about the Methods and Forms of Proceedings in Order to the Trials of the Lords?"

It was Resolved in the Negative.

Protest against refusing it.

"Dissentientibus,

"Kent.
"Huntingdon. Bedford.
Derby.
Bristol. Clare.
Halifax.
Newport.
Delamer. C. Grey.
Rochester.
Dorsett. Westmorland.
Manchester. N. Duresme.
Herbert.
J. Lovelace.
Clarendon.
Sunderland.
Strafforde.
Stamford.
Scarsdale.
Fauconberg.
Worcester.
Will. Say & Seale.
Salisbury.
Monmouth.
Berkshire.
Shaftesbury, Pr.
R. Eure.
Howard.
Finch, C.
Exeter.
Essex.
Winchester.
North & Grey.
Plymouth.
Windesor.
Rockingham.
Yarmouth.
Townshend.
Burlington.
P. Wharton.
Grey.
Feversham.
Arlington.
Pagett.
Brooke.
Edw. Carliol.
Hatton."

50.

Answer from H. C.

The Messengers sent to the House of Commons, to desire a Conference upon the Earl of Danby's Petition, return with this Answer:

That the Commons will give a Conference, as is desired.

The Lord Privy Seal, the Duke of Monmouth, Earl Huntingdon, Earl Bridgewater, Earl Aylesbury, Earl Bath, Bishop of Rochester, Lord Ferrers, and Lord Frescheville, are appointed Managers of 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 about the E. of Danby's Counsel refusing to appear on account of a Vote of H. C.

The Lord Privy Seal reported, "That the Managers have acquainted the House of Commons with the Petition of the Earl of Danby; and told them, this House did desire to know of them, whether they have made any such Vote."

Witnesses for the Five impeached Lords to be summoned.

ORDERED, That the Clerk of the Parliaments shall of Course issue out such Orders for summoning such Persons as the Lords who are Prisoners in The Tower, or any of them, shall from Time to Time send in the Names of, to be summoned to appear as Witnesses to be made Use of in their Defences, upon their respective Trials.

E. Danby remanded to The Tower.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lieutenant of The Tower of London do take Care and return the Earl of Danby in Safety thither.

Adjourn.

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

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dale's Bill.

Hodie 1^a vice lecta est Billa, "An Act for Sale of the Lands of Charles Dale, of the County of Rutland, Esquire, deceased, for Payment of his Debts and Provision for his Daughters and Coheirs."

Order for a Free Conference upon the Method of the Trials.

ORDERED, That there shall be a Free Conference had with the House of Commons, upon the late Conference they had with this House, concerning the Forms and Methods of Proceedings to be had at the Trials of the Lords in The Tower.

Managers not to enter into a Dispute about Judicature.

ORDERED, That the Managers of the Free Conference are not to enter into any Dispute about Judicature.

The Question was proposed, "Whether this House shall sit To-morrow Morning?"

Then this previous Question was put, "Whether this Question shall be put?"

It was Resolved in the Affirmative.

House to sit To-morrow.

The main Question was put, "Whether this House shall sit To-morrow Morning?"

It was Resolved in the Affirmative.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Dominicum, hora decima Aurora, Dominis sic decernentibus.

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

J. Bridgewater.
Scarsdale.
Vaughan Carbery.
Seth Sarum.
P. Bath & Wells.
Byron.