House of Lords Journal Volume 13: 23 May 1679

DIE Veneris, 23 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Report from the Committees of both Houses, that the Commons desire an Answer about the Bishops voting; and that they still desire the E. of Danby's Trial may precede those of the Popish Lords, &c.

The Lord President reported, "That the Lords Committees have met this Morning, with the Committee of the House of Commons; and have delivered to them a Copy of the Methods of Proceedings agreed on Yesterday, in order to the Trial of the Five Lords, and appointed to be communicated to them; their Lordships hoping that therein all Things were adjusted which are necessary to the said Trial.

"To which, the Commons desired to know, Whether the Paper now delivered, be delivered as Propositions to be debated, or as Rules not to be altered; which if so, seems as if the Lords would pass by all that they have proposed; and till they have an Answer to the more material Propositions they have made, they can say nothing to the minute Circumstances in this Paper; and that the Lords are pleased by this Paper to answer several Things not asked, but not to answer what they do desire.

"Then the Lords did let them know, that their Lordships are not instructed to debate, but shall acquaint the House with what they insist on; and that the Lords meet on great Disadvantage, if they should not have Liberty to propose, as well as the Commons; and conceive that there is no Imposition put upon the Commons by this Paper; but the Commons may make Objections, and the Lords may debate them: And that the Lords expect not any present Answer to the Paper; but hope they will receive it, as the Lords have received their Propositions.

"To this the Commons replying, That Tuesday next, set for the said Trial, growing near, it will take up longer Time to adjust these Propositions than till Tuesday; and some material Objections may be made against them: However, they shall receive this Paper as Propositions; to which they intend not to give any Answer till they have an Answer from the Lords to their former Proposition concerning the Lords Spiritual; and that they think it not to be according to the good Correspondence that ought to be between the Committees of both Houses, for the Lords to appoint a Day of Trial without adjusting the Time with them, having formerly told them that that should be the last Thing to be agreed on.

"The Commons further added, That they do not quit their former Proposition, of the Earl of Danby's being tried before the Five Lords; and desired to know, whether the Lords intend to proceed to the Trial of the Five Lords on Tuesday next, though the Commons consent not: And desired also, that the Lords would report, That the Commons desire to know, whether they may expect any Answer to their former Proposition, concerning the Bishops; without which, the Meetings of the Committees will be useless; and One Meeting more may put a Period to this Committee."

Upon Consideration had of this Report, the House made these Resolutions following:

Lords Committees to acquaint the Commons, that they are not authorized to give any further Answer about the Bishops voting;

The Question was put, "Whether it shall be an Instruction to the Lords Committees, appointed to meet the Committee of the House of Commons, to let them know, that their Lordships are not empowered to give any other Answer than what is already given, concerning the Lords Spiritual?"

And it was Resolved in the Affirmative.

Protest against it.

"Dissentientibus,
Buckingham.

"Shaftesbury, Pr.

"Derby.
Winchester.

"Huntingdon.

"Bedford.
Clare.
Westmorland.

Stamford.
Strafforde.

"Herbert,
F. Grey.

"Rochester.
Say & Seale.

"R. Eure.

"Rockingham.
Delamer.

"Pagett.

"Mulgrave.

"Howard.
J. Lovelace.

"Burlington.
North & Grey.
P. Wharton.',

ORDERED, To let the Commons know, that the Paper delivered this Day contains the Orders of the House of Lords, de bene esse, preparatory to the Trials; yet such, that if the Commons have any Thing to object, or to offer to be added to them, the Lords will consider thereof, and do what shall be reasonable.

The Lords will proceed to the Trials of the Popish Lords before the E. of Danby's.

The Question being put, "Whether it shall be an Instruction to the Lords Committees, appointed to meet with the Committee of the House of Commons, to let them know, that there occur to the Lords Difficulties in the Case of the Earl of Danby, which are not in the Case of the other Five Lords; and that therefore the Lords have resolved to proceed first to the Trial of the Five Lords?"

And it was Resolved in the Affirmative.

Protest against it.

"Dissentientibus,

"Buckingham.
"Shaftesbury, Pr.
"Winchester.
"Derby.
"Huntingdon.
"Arlington.
"F. Grey.
Stamford.
Strafforde.
"Herbert.
"R. Eure.
"Rockingham.
Rochester.
Clare.
"Howard.
Mulgrave.
Bedford.
"J. Lovelace.
Burlington.
"P. Wharton.
"Fauconberg.
Say & Seale.
Pagett.
"Westmorland."

Chute versus Lady Dacre & al.

Upon the Petition of Chaloner Chute Esquire, presented to this House, being an Appeal from Decrees made in the Court of Chancery, in Two several Causes; one wherein Dorothy Lady Dacre, Sir Dudley North, late Lord North, and Richard Barret Esquire, were Plaintiffs, against Chaloner Chute Esquire, the Petitioner's Father and others Defendants; and another, wherein the Persons aforesaid, and one Richard Owen, were Plaintiffs, against the Petitioner and others, Defendants:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lady Dacre, and her Trustees, and the said Richard Owen, be, and are hereby, required to put in their Answer, or respective Answers, in Writing, to the said Appeal; (whereof they may have a Copy,) within One Week next after Notice of this Order to them given by the said Chaloner Chute, or his Agent, or Solicitor, for that Purpose.

Oates, Bedloe, and Dugdale, to visit condemned Priests, to see if they are any of those whom they knew to be concerned in the Plot.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Titus Oates, Mr. William Bedloe, and Mr. Stephen Dugdale, be, and are hereby, appointed to repair to the Prison of Newgate this Afternoon, there to see and speak with David Lewis, Roger Hanslip, John Kemble, and Francis Johnson, alias Webb, condemned Popish Priests, now Prisoners there; and that the said Titus Oates, William Bedloe, and Stephen Dugdale, do attend the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy To-morrow, at Nine of the Clock in the Forenoon, to give the said Lords Committees an Account, whether they know that any of the said Popish Priests have been engaged in the said horrid Conspiracy.

SirCh.Houghton's Bill.

Hodie 1^a vice lecta est Billa, "An Act for rectifying several Errors and Mistakes in certain Deeds of Settlement, made upon the Marriage of Sir Charles Hoghton Baronet, with Mary the Daughter of John Lord Viscount Masserene, of the Kingdom of Ireland."

ORDERED, That the Committee for Examinations do meet To-morrow Morning.

ORDERED, That the Earl of Bedford and the Earl of Berks are added to the Bill concerning the Lord Mowbray's Estate.

Bill for clearing London, &c. of Papists.

ORDERED, That the Amendments in the Bill for freeing the City of London from Papists be taken into Consideration To-morrow Morning.

Lords leave to visit L. Stafford.

ORDERED, That the Lord Mowbray and the Lord Howard of Esc. have leave to visit the Lord Viscount Stafford, in The Tower, for One Time.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 24^tum diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.