House of Lords Journal Volume 14: 3 June 1685

DIE Mercurii, 3 die Junii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Willoughby of Par. takes the Oaths.

This Day Thomas Lord Willoughby of Parham took the Oaths of Allegiance and Supremacy, and subscribed the Declaration, in Pursuance of the Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament.

Bill for reversing L. Stafford's Attainder.

The House was put into a Committee, to proceed in the Consideration of the Bill for reversing the Attainder of the Lord Viscount Stafford.

The House was resumed.

The Earl of Bridgwater reported, "That the Committee of the whole House were in further Consideration of the Bill for reversing the Attainder of the Lord Viscount Stafford, and were reading of Records, which would take up some Time; but the Committee understanding there was a Message from the House of Commons of great Concern, were willing the House might be resumed, to receive the said Message; and then desired the House would appoint another Time for the House to be put into a Committee again."

The House ordered, the Committee of the House should sit again, after the receiving of the Message.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Solicitor General; who brought up a Bill, passed by the House of Commons, intituled, "An Act for granting an Imposition upon all Wines and Vinegar imported, between the Four and Twentieth Day of June 1685, and the Four and Twentieth Day of June 1693;" to which Bill the Commons desire their Lordships Concurrence.

Imposition on Wines, &c. Bill.

Hodie 1^a vice lecta est Billa, "An Act for granting His Majesty an Imposition upon all Wines and Vinegar imported, between the Four and Twentieth Day of June, 1685, and the Four and Twentieth Day of June, 1693."

Bill for reversing L. Stafford's Attainder.

The House was again adjourned into a Committee, to proceed in Consideration of the Business which was debated before the Message.

The House was resumed.

And the Earl of Bridgwater reported, "That the Committee of the whole House have considered the Bill for reversing the Attainder of the Lord Viscount Stafford; and have made some Alterations in the Title, a considerable Amendment in the Preamble, and a small Amendment in the Enacting Clause. The Opinion of the Committee is, That the Bill do pass, with the said Amendments."

The Amendments were read Twice; and the House agreed to the said Amendments.

Then the Question was put, "Whether this Bill, with the Amendments, shall be engrossed?"

It was Resolved in the Affirmative.

Protest against engrossing it.

The Earl of Anglesey and some Lords desired Leave, before the Question was put, to enter their Dissents, if the Question were carried in the Affirmative:

"1. Because the Assertion in the Bill, of its being now manifest that the Viscount Stafford died innocent, and that the Testimony on which he was convicted was false, which are the sole Grounds and Reasons given to support the Bill, are destitute of all Proof, Warrant, or Testimony of Witness, or Matter of Record before us.

"2. That the Record of the King's Bench, read at the Committee concerning the Conviction, last Term, of One of the Witnesses for Perjury, in collateral Points of Proof, of no Affinity to the Lord Stafford's Trial, and given several Years before, it's conceived, can be no Ground to invalidate the Testimony upon which the said Viscount was convicted: which could never legally be by One Witness, and was, in Fact, by the Judgement of his Peers, on the Evidence of at least Three.

"3. It's conceived, the said Judgement in the King's Bench, and the whole Proceedings, was unprecedented, illegal, and unwarranted, highly derogatory to the Honour, Judicature, and Authority of this Court, who have Power to question and punish Perjuries of Witnesses before them, and ought not to be imposed upon by the Judgements of inferior Courts, or their Attainders of a Peer invalidated by Implication; and the Popish Plot, so condemned, pursued, and punished by His late Majesty and Four Parliaments, after public solemn Devotion through the whole Kingdom, by Authority of Church and State, to be eluded, to the Arraignment and Scandal of the Government, and only to the restoring of the Family of One Popish Lord; and all this being without any Matter judicially appearing before us to induce the same, and the Records of that Trial not suffered to be read for Information of the Truth before the passing of the Bill.

"Lastly, For many other weighty Reasons offered and given by divers Peers in the Two Days Debate of this Bill, both in the Committees and the House.

"Anglesey."

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Edmond Jennings and others:

Who brought up a Bill, passed the Commons, for reviving a former Act for transporting of Leather; to which their Lordships Concurrence is desired.

Bill for Exportation of Leather.

Hodie 1^a vice lecta est Billa, "An Act for reviving a former Act for transporting of Leather."

Bill to prevent Minors clandestine Marriages.

The Earl of Huntingdon reported from the Committee for the Bill to prevent Minors marrying without Consent of their Parents, "That the Committee have made several Alterations and Amendments therein, which are offered to the Consideration of this House."

The Amendments and Alterations were read Twice.

And after some Debate, it is ORDERED, That the Consideration of the Amendments and Alterations in the said Bill be referred to a Committee of the whole House, To-morrow Morning.

Fitton versus L. Gerard, now E. of Macclesfield.

Upon reading the Answer of the Right Honourable the Earl of Macclesfeld, to the Petition of Alexander Fitton Esquire:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel on both Parts, at the Bar, upon the said Appeal and Answer, on Friday next, being the Fifth Day of June Instant, at Ten of the Clock in the Forenoon.

Hervey versus Hervey.

This House being moved, on the Behalf of Mrs. Elizabeth Hervey, "That whereas, by an Order of this House, it was resolved, not to proceed any further upon her Appeal until she appear and give Security in this House; and desiring to know what Security will be accepted:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Petitions, to consider what Security is fit to be given by the said Mrs. Hervey, and to hear such Persons thereupon as they think fit; and make Report to the House: And it is further ORDERED, That their Lordships do fit this Afternoon, at Four of the Clock.

Vaughan versus Bampfield.

Upon reading the Petition of Hugh Vaughan and others, Respondents to the Appeal of Warwick Bampfeild Appellant; shewing, "That Warwick Bampfeild hath brought an Appeal into this House, to which your Petitioner is Defendant, on Purpose to delay your Petitioner; and praying to be heard:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel on both Sides, at the Bar, on Wednesday the 17th Day of June Instant, at Ten of the Clock in the Forenoon, upon the said Petition and Answer; whereof Hugh Vaughan is to cause Notice to be given to the said Warwicke Bampfeild for that Purpose.

Adjourn.

Dominus Custos Magni. Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, quartum diem instantis Junii, hora decima Aurora, Dominis sic decernentibus.