House of Lords Journal Volume 13: 17 May 1679

DIE Sabbati, 17 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day George Duke of Buckingham 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.

This Day Arthur Earl of Essex took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration against Transubstantiation, in Pursuance to the Act made in the 25th Year of His now Majesty's Reign, for preventing the Dangers which may happen from Popish Recusants; his Witnesses being first sworn at the Bar, to prove the Truth of his Certificate concerning his receiving the Sacrament of the LORD'S Supper.

Dale's Bill.

The Lord Robertes reported, "The Lords Committees appointed to consider of the Bill for Sale of the Lands late of Charles Dale, deceased, have met, and heard all Persons concerned; and the Opinion of the Committee is, that the said Bill is fit to pass, without any Amendment."

Hodie 3^a vice lecta est Billa, "An Act for Sale of the Lands late of Charles Dale, of the County of Rutland, Esquire, deceased, for Payment of his Debts, and Provision for his Daughters and Coheirs."

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

It was Resolved in the Affirmative.

ORDERED, That the Duke of Bucks is added to the Committee for Privileges, and to the Committee for Examinations.

The Earl of Clare, Earl of Westmerland, Vicecomes Campden, Vicecomes Yarmouth, Lord Delawar, and Lord Mannors, are added to the Committee for Privileges.

Commons desire the Bishops may not be present at the E. of Danby's Trial.

The Lord President reported, "That the Lords Committees have met the Committee of the House of Commons this Morning, and gave them an Account of the Resolution of the Lords passed Yesterday, concerning the Trials of the Five Lords in The Tower, videlicet, Earl of Powis, Viscount Stafford, Lord Petre, Lord Arundell of Wardour, and Lord Belasyse; and also of the Desire of the Lords Spiritual, to withdraw themselves from the Trials of those Lords, reserving the Liberty of entering their usual Protestation; and delivered to them a signed Copy of what is entered in the Journal of the House of Peers concerning this Matter; which is all they had in Command.

"To which the Commons answered, That the Vote of the House of Commons, which they acquainted the Lords with Yesterday, concerning the Bishops, extends to the Earl of Danby, as well as the said Five Lords; whereas the Lords Vote relates only to the Five Lords: And therefore they desired to know what Answer the Lords give as to the Earl of Danby.

"They further objected, that they conceived that their Vote was to the Right of the Thing; and that the Bishops have no Right to be at any One Vote in any Capital Case; and they conceived the Earl of Danbye's Case to be a Capital Case, as well as the Cases of the other Five Lords; and that, if the Bishops may have Leave to withdraw, it implies a Right, which if they have it is a new Court, which the Commons cannot admit of.

"The Lords did then let them know, there is no Day yet appointed for the Trial of the Earl of Danby; and that the Lords Spiritual will be absent at all the Parts of the Trials of the Five Lords; and that the Protestation they now desire to enter will be the same as in the Earl of Strafford's Case. Then the Commons said, they could not proceed to treat of any other Proposal, till such Time as this Business about the Court be settled."

Committee to search Precedents concerning Trials of Peers and Judicature.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Committee for Privileges are hereby appointed further to search for and consider Precedents and Ways of proceeding on the Trials and Judicature of Peers; and to advise of Directions and Methods fit to be observed therein, for the Preservation of Order and Regularity in the Trials of the Lords now appointed; and all Circumstances usually occurring in such Trials; and to report to this House on Monday next; and for this End to sit this Afternoon.

Lawson, Solicitor to the Popish Lords, released upon Bail.

Upon Report made from the Lords Committees for Examinations, "That their Lordships have examined Mr. Henry Lawson, Solicitor to the Five Lords now Prisoners in The Tower, upon the Information of Richard Child put in against him; which he denies to be true:"

It appearing to their Lordships that he is a Protestant, and is assigned by this House to solicit the Business of the said Lords; it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Lawson shall forthwith appear before Edmond Warcupp Esquire, One of His Majesty's Justices of the Peace for the County of Midd. and Liberty of Westm. and enter into Recognizance to appear whenever he shall be summoned, and thereupon be discharged from any further Attendance at present concerning this Matter.

E. of Thanet's Privilege, concerning Brough Mill, Coniston, etal. to be discharged.

Whereas Mr. John Coniston, William Dargue, and John Whorton, were, by Order of the Third Instant, summoned to appear this Day, to answer for a Breach of Privilege suggested to be by them committed against the Earl of Thannet, by turning his Tenant John Horne out of the Possession of Brough Mill, in the County of Westmerland: It appearing this Day, upon reading the Petition of the said John Coniston, William Dargue, and John Whorton, and their Affidavit annexed; and also upon examining the said John Horne at the Bar, "That, on the 25th of April last, he was in possession of the said Mill for a Year, ending that Day, as Tenant to Mr. Tuston, Brother to the said Earl; and not willing to hold the said Mill any longer, the Title being in Controversy, the Possession thereof was taken from him, by the said John Coniston, for the Use of the said Mr. Tufton:"

Upon Consideration had thereof; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Coniston, William Dargue, and John Whorton, be, and are hereby, discharged from their Appearance this Day, or any further Attendance concerning this Matter.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 19^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 21 of May, 1679, by us,

Anglesey, C. P. S.
J. Bridgewater.
P. Bath & Wells.
Th. Exon.
J. Robertes.
Byron.