House of Lords Journal Volume 13
30 April 1679

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 13: 30 April 1679', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 546-548. URL: http://british-history.ac.uk/report.aspx?compid=11684 Date accessed: 30 July 2014.


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DIE Mercurii, 30 die Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Rochester.
Epus. Ely.
Epus. Gloucester.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Lyncolne.
Epus. Worcester.
Epus. Exon.
Epus. St. David's.
Epus. Bristol.
Ds. Cancellarius.
Comes Shaftesbury, Præses Concilii Domini Regis.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Dux Monmouth.
Dux Newcastle.
Marq. Winton.
Marq. Worcester.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Suffolk.
Comes Dorset & Midd.
Comes Salisbury.
Comes Bridgewater.
Comes Leycester.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Clare.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Stanford.
Comes Carnarvon.
Comes Chesterfeild.
Comes Thannet.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes St. Alban.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Guilford.
Comes Sussex.
Comes Feversham.
Vicecomes Conway.
Vicecomes Fau'onberg.
Vicecomes Halyfax.
Vicecomes Newport.
Ds. Mowbray.
Ds. Berkeley.
Ds. Morley.
Ds. Ferrers.
Ds. De Grey.
Ds. Sandys.
Ds. Windsor.
Ds. Cromwell.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North & Grey.
Ds. Chandos.
Ds. Norreys.
Ds. Grey de Wark.
Ds. Lovelace.
Ds. Paulet.
Ds. Maynard.
Ds. Herbert de Cherb.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Wotton.
Ds. Delamer.
Ds. Frescheville.
Ds. Arundell de T.
Ds. Butler de M. Park.

PRAYERS.

King present.

This Day His Majesty, sitting in His Royal Throne, adorned with His Crown and Regal Robes and Ornaments, the Peers being also in their Robes, commanded the Gentleman Usher of the Black Rod to give Notice to the House of Commons, "That they presently attend His Majesty."

The Commons being come, with their Speaker; His Majesty was pleased to make the short Speech following:

His Majesty's Speech.

"My Lords and Gentlemen,

"The Season of the Year advancing so fast, I thought it necessary to put you in Mind of Three Particulars:

"1. Prosecution of the Plot.

"2. Disbanding of the Army.

"3. Providing a Fleet, for our common Security.

"And to shew you, that, whilst you are doing your Parts, My Thoughts have not been misemployed; but that it is My constant Care to do every Thing that may preserve your Religion, and secure it for the future in all Events; I have commanded my Lord Chancellor to mention several Particulars, which I hope will be an Evidence that in all Things that (fn. *) concerns the Public Security I shall not follow your Zeal, but lead it."

Then the Lord Chancellor spake as followeth:

L. Chancellor's Speech.

"My Lords; and you the Knights, Citizens, and Burgesses of the House of Commons;

"That Royal Care which His Majesty hath taken, for the general Quiet and Satisfaction of all His Subjects, is now more evident, by these new and fresh Instances of it which I have in Command to open to you.

"His Majesty hath considered with Himself, that 'tis not enough that your Religion and Liberty is secure during His own Reign; but He thinks, He owes it to His People, to do all that in Him lies, that these Blessings may be transmitted to your Posterity, and so well secured to them, that no Succession in Afterages may be able to work the least Alteration.

"And therefore His Majesty, who hath often said in this Place, "That He is ready to consent to any Laws of this Kind, so as the same extend not to alter the Descent of the Crown in the right Line, nor to defeat the Succession," hath now commanded this to be further explained.

"And, to the End it may never be in the Power of any Papist, if the Crown descend upon him, to make any Change either in Church or State, I am commanded to tell you, that His Majesty is willing that Provision may be made; First, to distinguish a Popish from a Protestant Successor; then, so to limit and to circumscribe the Authority of a Popish Successor, in these Cases following, that he may be disabled to do any Harm.

"First, in Reference to the Church, His Majesty is content, that Care be taken, that all Ecclesiastical and Spiritual Benefices and Promotions, in the Gift of the Crown, may be conferred in such a Manner, that we may be sure the Incumbents shall always be of the most pious and learned Protestants; and that no Popish Successor, while he continues so, may have any Power to controul such Presentments.

"In Reference to the State, and Civil Part of the Government; as it is already provided, that no Papist can sit in either House of Parliament; so the King is pleased, that it be provided too, That there may never want a Parliament, when the King shall happen to die; but that the Parliament then in Being may continue indissoluble for a competent Time; or if there be no Parliament in Being, then the last Parliament which was in Being before that Time may reassemble, and sit a competent Time, without any new Summons or Elections.

"And as no Papist can by Law hold any Place of Trust; so the King is content, that it may be further provided, That no Lords or others of the Privy Council, no Judges of the Common Law or in Chancery, shall, at any Time during the Reign of any Popish Successor, be put in, or displaced, but by the Authority of Parliament; and that Care also be taken, that none but sincere Protestants may be Justices of Peace.

"In Reference to the Military Part, the King is willing, that no Lord Lieutenant, or Deputy Lieutenant, nor no Officer in the Navy, during the Reign of any Popish Successor, be put in or removed, but either by Authority of Parliament, or of such Persons as the Parliament shall entrust with such Authority.

" 'Tis hard to invent another Restraint to be put upon a Popish Successor, considering how much the Revenue of the Successor will depend upon Consent of Parliament, and how impossible it is to raise Money without such Consent: But yet, if any Thing else can occur to the Wisdom of the Parliament, which may further secure Religion and Liberty against a Popish Successor, without defeating the Right of Succession itself, His Majesty will most readily consent to it.

"Thus watchful is the King for all your Safeties: And if He could think of any Thing else, that you do either want or wish, to make you happy; He would make it His Business to effect it for you.

"God Almighty long continue this blessed Union between the King and His Parliament and People!"

Address of Thanks for the Speeches.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Privy Seal, the Lord Chamberlain of His Majesty's Household, the Earl of Bedford, the Earl of North'ton, and the Earl of Bristol, do attend His Majesty with the humble Thanks of this House, for the gracious Speech made by His Majesty this Day, and the Lord Chancellor's Speech made by His Majesty's Command to both Houses of Parliament; and to desire that His Majesty will be pleased to give Order that they may be printed and published.

Killigrew, Groom of the Chamber, versus Price, Privilege.

Upon reading the Petition of Thomas Price, Milliner, now in the Custody of the Serjeant at Arms attending this House, for arresting Henry Killigrewe, One of the Grooms of His Majesty's Bedchamber, contrary to Privilege, as was suggested; which Petition setteth forth the Case, as the Petitioner states it, between him and the said Henry Killigrewe:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Case opened on both Parts, at the Bar, on Monday next, being the Fifth Day of May, at Ten of the Clock in the Forenoon: And it is further ORDERED, That the Party whom this House shall thereupon judge faulty shall bear and pay the whole Charge that hath been occasioned thereby.

The Lord Archbishop of Cant. is added to the Committee for Examinations.

ORDERED, That this House be adjourned till Friday next.

Coulster & al. to be brought to the Bar.

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Keeper of the Prison of The Gatehouse at Westminster be, and is hereby, required to bring to the Bar of this House, those Three Persons who are committed to his Custody, by the Names of Daniell Coulster, John Sanders, and Christopher Sanders, on Friday the Second Day of May next, at Ten of the Clock in the Forenoon.

Oates to attend.

ORDERED, That Mr. Titus Otes be, and is hereby, required to attend this House, on Friday the Second Day of May next, at Ten of the Clock in the Forenoon; at which Time Three Persons now Prisoners in The Gatehouse at Westm. by the Names of Daniell Coulster, John Sanders, and Christopher Sanders, are to be brought to the Bar by the Keeper of the said Prison.

Trial of Peers, Bill.

ORDERED, That on Saturday Morning next this House be put into a Committee, to proceed in Consideration of the Bill for the better regulating the Trial of the Peers of England.

The House was adjourned into a Committee during Pleasure, to consider of the Amendments in the Bill for the better securing the Liberty of the Subject.

The House was resumed.

Liberty of the Subject, Habeas Corpus Bill.

And the Earl of Bridgewater reported, "That the Committee of the House have been in Consideration of the Bill concerning the Liberty of the Subject, wherein they have made several Amendments; and the Opinion of the Committee is, That the Bill is fit to pass, with these Amendments."

The said Amendments were read Twice, and Agreed to; and the last Reading of this Bill to be on Friday Morning next.

Sir E. Turner and Gardiner versus Turner.

Whereas this Day was appointed to hear Counsel upon the Petition and Appeal of Sir Edward Turner and Anne Gardner Widow and the Answer of Dame Mary Turner, depending in this House:

It is this Day ORDERED, That this House will hear Counsel, at the Bar, on both Parts, upon the said Appeal and Answer, on Wednesday the Seventh Day of May next, at Ten of the Clock in the Forenoon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 2um diem Maii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 7th Day of May, 1679, by us,

Anglesey, C. P. S.
J. Bridgewater.
Craven.
N. Duresme.
Seth Sarum.
Byron.
Vaughan Carbery.

Footnotes

* Sic in Originali.