House of Lords Journal Volume 13: 12 May 1679

DIE Lunæ, 12 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir Francis Ratcliffe to be examined.

The House being informed, by the Earl of Clarendon, "That Sir Francis Ratcliffe is brought to Town in Custody of the Serjeant at Arms attending this House:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees for Examination of Matters relating to the Discovery of the late horrid Conspiracy be, and are hereby, appointed to send for and examine the said Sir Francis Ratcliff and report to this House; and that in the mean Time he remain in the same Custody he now is.

L. Carrington, Leave to come to Town.

The House being moved, "That the Lord Carington and Mr. John Smith may have Leave to come to Town, to perfect a Business of great Importance to the Lady Smith and her Children:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Carington and Mr. John Smith be, and are authorized and permitted to come and stay in the Cities of London and Westm. or either of them, for the Space of One Week, from the Time of their coming to Town for effecting the said Business, but no longer.

Child's Deposition concerning Words spoke by Lawson against Oates and Bedloe.

It being moved, "That Mr. Bedlo desired that Two Persons may be examined at this Bar, touching some Words of dangerous Consequence spoken by Henry Lawson:"

Thereupon Richard Child was produced, and, upon Oath given him at this Bar, deposed, "That Mr. Henry Lawson, of St. Clement's Inne, Attorney, hath often said, "That, within some little Time, he hoped, and did not question, but to have Oates and Mr. Bedlo shorter by the Head; for that he did believe, that there were not Two such Rogues in the World; and that he could not imagine a Death could be bad enough for them." And as for Mr. Oates, the said Lawson said, "That he was burnt in the Shoulder and Hand, and broke out of Dover Gaol:" And further said, "That nothing should be wanting on his Part, to have both Mr. Oates and Mr. Bedlo hanged within some short Time." And further the said Lawson said, "That he did verily believe, that there was no Plot; for that Mr. Oates and Mr. Bedlo were Two as perjured Rogues as ever lived, and that the Lords now in The Tower were innocent, and so were all others; as to what was sworn against them." And further he said, Mr. Lawson said, "That, by virtue of an Order which he had in his Pocket, he valued not any Thing what he said or did; for he feared not what any-body could do to him:" And further said, "That he believed, that if there were any true Religion in the World, it was the Popish Religion; and that if he could but evade Mr. Oates's Testimony and Mr. Bedloe's, then he and his Family would be made for ever."

The Mark of Richard Childe. m.

Lawson to appear at the Bar;

It is this Day ORDERED, That Mr. Henry Lawson, who is Solicitor for the Five Lords who are Prisoners in The Tower, be, and is hereby, required to appear at the Bar of this House, To-morrow, at Ten of the Clock in the Forenoon.

and Day.

ORDERED, That William Day, in Horseshoe Court, in St. Clement's Lane, be, and, is hereby, required to appear at the Bar of this House, To-morrow, at Ten of the Clock in the Forenoon, to speak his Knowledge concerning some Words uttered by Mr. Henry Lawson.

Dudhall to appear at the Bar.

ORDERED, That Mr. Dudhall, at The Queene's Head in Princes-streete, be, and is hereby, required to appear at the Bar of this House, To-morrow, at Ten of the Clock in the Forenoon, to answer such Things as shall then and there be objected against him; and hereof he may not fail.

Report from Committees of both Houses, concerning the Manner of trying the impeached Lords.

The Lord President reported, "That the Committee of both Houses appointed to consider of Propositions and Circumstances in Reference to the Trials of the Lords in The Tower, have met this Morning, in the Inner Court of Wards, and made an Entrance into this Business:

"The Committee of the House of Commons propose, That the Lords would consider of a longer Time for the Trials of the Lords in The Tower.

"This Proposition is agreed to be the last Thing to be considered.

"The Commons also propose and desire to see the Commission that is prepared for a Lord High Steward at these Trials; and also the Commissions in the Earl of Pembrooke's and Lord Morley's Cases."

"To this the Lords Committees said, The High Steward is but Speaker pro Tempore, and gives his Voice as well as the other Lords: This changeth not the Nature of the Court; and the Lords declared they have Power enough to proceed to Trial, though the King should not name an High Steward.

"This seemed to be Satisfaction to the Commons; provided it were entered in the Lords Journals, which are Records.

"The Commons also propose and desire to know, what Resolution the Lords have taken concerning the Bishops being, or not being, at the Trials of these Lords.

"The Commons say, That, in the Earl of Strafford's Case, the Lords acquainted the Commons, That the Bishops intended not to be at the Trials.

"The Commons think it necessary to know, whether the Lords intend any new Forms in Trials upon Impeachment.

"They conceive, all Trials upon Impeachments in Parliament have been by the Temporal Lords only."

Trials of the Five Popish Lords put off fine Die.

Hereupon it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Trials of the Earl of Powis, Viscount Stafford, Lord Petre, Lord Arundell of Wordour, and Lord Bellasis, now Prisoners in The Tower, which were appointed to begin To-morrow Morning in Westminster Hall, be, and are hereby, put off till further Order; and that timely Notice shall be given to the said Lords of such further Day as shall be appointed for that Purpose.

Clerk of the Crown to attend L. Chancellor, with Copies of Commissions for High Stewards.

ORDERED, That the Clerk of the Crown do attend the Lord Chancellor this Afternoon, with Copies of the Commission for the Lord High Steward, in order to the Trials of these Lords; and also the Commissions in the Earl of Pembrooke's and Lord Morley's Case.

Message to H. C. to remind them of the following Bills.

A Message was sent to the House of Commons, by Sir Samuell Clerke and Sir Miles Coke;

To put them in Mind of these Bills sent down to them:

1. The Bill for better Discovery and more speedy Conviction of Popish Recusants.

2. The Bill for freeing the Liberties of London and Parts adjacent from Popish Inhabitants.

3. The Bill for the better securing the Liberty of the Subject, and preventing Imprisonment beyond the Seas.

Trial of Peers Bill.

The House was adjourned into a Committee during Pleasure, to proceed further in the Consideration of the Bill for the better regulating the Trial of the Peers of England.

The House was resumed.

And the Earl of Huntingdon reported, "That the Committee of the whole House have finished the Bill for the better regulating the Trial of the Peers of England; and think it fit to be engrossed, with some Amendments, which are offered to the Consideration of the House."

The Amendments were read Twice, and Agreed to; and the said Bill ordered to be engrossed, with these Amendments.

L. High Steward not essential to Trials on Impeachments.

It is Declared and ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Office of a High Steward, upon Trials of Peers upon Impeachments, is not necessary to the House of Peers; but that the Lords may proceed in such Trials if a High Steward be not appointed, according to their humble Desire.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, 13^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 15th Day of May, 1679, by us,

Huntingdon.
J. Bridgewater.
Craven.
Fauconberg.
P. Bath & Wells.
Delamer.
R. Arundell.