House of Lords Journal Volume 13
2 May 1679

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1767-1830

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'House of Lords Journal Volume 13: 2 May 1679', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 548-551. URL: http://british-history.ac.uk/report.aspx?compid=11685 Date accessed: 21 August 2014.


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DIE Veneris, 2 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Rochester.
Epus. Ely.
Epus. Bangor.
Epus. Worcester.
Epus. Exon.
Epus. St. David's.
Ds. Cancellarius.
Ds. Præses Concilii Domini Regis.
Ds. Custos Privati Sigilli.
Dux Monmouth.
Marq. Winton.
Marq. Worcester.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Dorset & Midd.
Comes Salisbury.
Comes Bridgewater.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Clare.
Comes Westm'land.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Petriburgh.
Comes Stanford.
Comes Winchilsea.
Comes Carnarvon.
Comes Chesterfeild.
Comes Thannet.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes St. Alban.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Ayle'bury.
Comes Burlington.
Comes Guilford.
Comes Feversham.
Vicecomes Fauconberg.
Vicecomes Halyfax.
Vicecomes Newport.
Ds. Mowbray.
Ds. Berkeley.
Ds. Morley.
Ds. De Grey.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North & Grey.
Ds. Chandos.
Ds. Norreys.
Ds. Grey de Wark.
Ds. Maynard.
Ds. Herbert de Cherb.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Asteley.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Wotton.
Ds. Delamer.
Ds. Frescheville.
Ds. Arundell T.
Ds. Butler M. P.

PRAYERS.

L. Manners introduced, and takes the Oaths.

This Day John Mannors, de Haddon, Chevalier, was introducted, after the usual Manner, in his Robes, between the Lord Norreys and the Lord Rockingham.

After his Lordship had delivered his Writ to the Lord Chancellor, the same was delivered to the Clerk of the Parliaments, and read, as follows:

His Writ of Summons.

"Carolus, Dei Gratia, Angl. Scociæ, Franc. et Hib. Rex, Fidei Defensor, &c. Prædilecto et Fideli Nostro Joh'i Mannors, de Haddon, Chevalier, Salutem: Cum Nos, de Avisamento et Assensu Concilii Nostri, pro quibusdam arduis et urgentibus Negotiis, Nos, Statum, et Defensionem Regni Nostri Angl. et Ecclesiæ Anglicanæ concernen. Parliamentum Nostrum apud Civitatem Nostram Westm. Sexto Die Martii ult. præterit. teneri ordinabamus; et ibidem, cum Prælatis, Magnatibus, et Proceribus dicti Regni Nostri, Colloquium habere et Tractat.; quod quidem Parliamentum tunc et ibidem incept. fuerat; et abinde, per Prorogationem, usque Decimum Quintum Diem ejusdem Martii prorogat. fuerat, apud Civitatem Nostram Westm. prædict. ibidem tunc tenend. et prosequend. Vos, sub Fide et Ligeantia quibus Nobis tenemini firmiter injungend. mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis imminentibus, cessante Excusatione quacunque, ad Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis et Magnatibus et Proceribus prædict. super dictis Negotiis tractatur. vestrumque Consilium impensur. Et hoc, sicut Nos, et Honorem Nostrum, et Salvationem et Defensionem Regni et Ecclesiæ prædict. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Westm. 30° Die Aprilis, Anno (fn. *) Regni Nostri Tricesimo Primo.

"Barker."

But, before his Lordship took his Place, he 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.

Then his Lordship was brought and placed at the lower End of the Barons Bench.

L. Grey takes the Oaths.

This Day Forde Lord Grey of Wark took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration against Transubstantiation, pursuant 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, did prove the Truth of the Certificate concerning his Lordship receiving the Sacrament of the LORD'S Supper.

Liberty of the Subject, Habeas Corpus Bill.

Hodie 3a vice lecta est Billa, "An Act for the better securing the Liberty of the Subject, and for preventing of Imprisonments beyond the Seas."

The Question being put, "Whether this Bill, with the Amendments now read, shall pass?"

It was Resolved in the Affirmative.

A Message was sent to the House of Commons, by the Lord Chief Justice of the Common Pleas and Mr. Justice Atkins:

To return the Bill for the better securing the Liberty of the Subject, and for preventing of Imprisonments beyond the Seas; in which the Lords have made Amendments, and desire the Concurrence of the House of Commons thereunto.

Bill for clearing London and Westm. of Papists.

Hodie 3a vice lecta est Billa, "An Act for freeing the City of London and Parts adjacent from Popish Inhabitants."

The Question was proposed, "Whether this Bill shall be amended?"

Then this previous Question was put, "Whether this Question shall now be put?"

And it was Resolved in the Negative.

Then the Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Protest against rejecting an Amendment to it.

"Dissentientibus,

"Because this House hath sent down a Bill to the House of Commons, for the better Discovery and speedy Conviction of Popish Recusants, wherein the Conviction of Recusancy was for refusing the Test, and not the Oaths; the same Bill was sent down from this House about the End of the last Parliament.

"As also, because there are Thousands of Dissenters that will be faithful, even to Death, against the common Enemies, the Papists; which, by the Addition of the Oaths to the Test, may be tempted to think themselves in Interest obliged to take the Papists Parts against us.

"Shaftesbury, Pr Kent. Derby.

"Huntingdon. Berkeley.

"Stamford. Delamer. Chandos."

Bishops voting in Cases of Blood.

ORDERED, That on Monday next this House will take into Consideration, "Whether the Lords Spiritual are to vote in Judicature, in Cases of Blood, or upon Bills of Attainder?"

D. of Norfolk's Bill.

Hodie 1a vice lecta est Billa, "An Act for vesting some of the Manors and Lands of the Duke of Norffolk and Henry Lord Mowbray his Son in Trustees, for the Satisfaction and Payment of Debts and Annuities charged on their Estate, raising a Portion for the Lady Frances, for the Re-building Norffolk House, and continuing the Residue of the Manors and Lands (after the Trusts performed) with the Dukedom of Norfolk."

L. Mowbray to give the Duke Notice of it.

Upon the First Reading of the Bill for vesting some of the Manors and Lands of the Duke of Norffolk and Henry Lord Mowbray his Son in Trustees, for the Satisfaction and Payment of their Debts and Annuities charged on their Estate, raising a Portion for the Lady Frances, for the Re-building Norfolk House, and continuing the Residue of the Manors and Lands (after the Trusts performed) with the Dukedom of Norfolk:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Mowbray do take Care, that the Duke of Norfolk may forthwith have a Copy of the said Bill sent to him; and that this House may have an Account that the said Duke hath Notice thereof.

Grey, L. Widdrington's Steward, Leave to look after his Estate.

Upon reading the Petition of the Trustees and Executors of the late Lord Widdrington and his Children; praying, "That Mr. Robert Grey, of Coughton, in the County of Warwick, who hath for above Twenty Years last past been employed in managing the Estate of that Family, and without whose Help the said Estate will be ruined, may be permitted to travel, to look after the same:"

Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Grey be, and is hereby, authorized and permitted to travel into Buckinghamshire and Lyncolnshire, for receiving the Rents, and letting and setting the Lands, belonging to the Estate of the said Lord Widdrington and his Children, for the Space of Three Months from the Date of this Order, but no longer.

E. of Anglesey, Privilege: Fenn, his Servant, freed from an Arrest.

Upon Complaint made to this House, "That John Fenn, Servant to the Earl of Anglesey Lord Privy Seal, is arrested, the Parliament now sitting, by Robert Bedham, One of the Bailiffs belonging to the Sheriffs of Middlesex, and is detained in Custody, contrary to Privilege of Parliament:"

Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Sheriffs of the County of Middlesex and their Under-sheriff, the said Robert Bedham, and any other Persons who may be concerned therein, be, and are, required forthwith to discharge the said John Fenn from the present Restraint he is under by reason of the said Arrest, as they and every of them will answer the contrary at their Perils: And this shall be a sufficient Warrant on that Behalf.

Drake's Bill.

Hodie 2a vice lecta est Billa, "An Act to confirm certain Leases made by John Drake and others, and to enable Sir Francis Drake to make a Jointure and raise Portions for his Daughters and Younger Children."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

L. President.
L. Privy Seal.
Marq. Winton.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Salisbury.
Comes Bridgewater.
Comes Rivers.
Comes Stanford.
Comes Scarsdale.
Comes Clarendon.
Vicecomes Halyfax.
Vicecomes Newport.
Epus. London.
Epus. Rochester.
Epus. Ely.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Exon.
Epus. St. David's.
Ds. Berkeley.
Ds. Ferrers.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North.
Ds. Chandos.
Ds. Maynard.
Ds. Gerard B.
Ds. Delamer.
Ds. Arundell T.
Ds. Mannors.

Their Lordships, or any Five of them; to meet this Afternoon, at Three of the Clock, in the Prince's Lodgings; and to adjourn as they please.

Address, in Behalf of Seamen Prisoners at Algiers.

Upon reading the Petition of the Wives and Relations of several Hundred Seamen, His Majesty's Subjects, now Prisoners in Algier, in Slavery; praying, "That this House would find out some Means for their speedy Ransom:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chancellor be, and is hereby, desired humbly from this House to move His Majesty in Council concerning this Matter.

Coulster and Sanders released.

Whereas the Three Persons committed to the Prison of The Gatehouse by the Names of Daniell Coulster, John Sanders, and Christopher Sanders, were this Day brought to the Bar by the Keeper of the said Prison, and examined by this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Daniell Coulster, John Sanders, and Christopher Sanders, be, and are hereby, discharged from their present Imprisonment in The Gatehouse; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of the Prison of The Gatehouse at Westm. his Deputy and Deputies, and every of them.

Oates's Servants tampered with, to invalidate his Evidence:

Upon Report made by the Earl of Clarendon, from the Committee for examining Matters relating to the Discovery of the late horrid Conspiracy, "That their Lordships have examined William Osborne and Thomas Lane, late Servants to Mr. Tytus Oates, as also Thomas Nox, who had tampered and practised with them to take off Mr. Oates' Testimony;" which appearing to their Lordships to be a Matter of great Consequence, and fit to be communicated to the House of Commons:

H. C. to be acquainted with it.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Clerk attending the said Committee is hereby appointed to deliver to some of the Members of the House of Commons, the Examinations taken by their Lordships in this Case.

Countess of Powis, Privilege: Complaint of Persons coming to her House, to demand her Servants.

Upon reading the Petition of Elizabeth Countess of Powis; complaining of some Persons (not named) entering into her House in Lyncolnes-Inn-Feilds, the last Night, about Twelve a Clock, with Staves and Halberts, and forcing her to undertake for the Forth-coming of her Servants this Morning; which Proceedings she conceiveth to be against the Privilege of Peerage:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Craven be, and is hereby, desired to enquire into the Matter of Fact complained of, and to give this House an Account by what Authority it was done.

Message to H. C. with a Bill.

A Message was sent to the House of Commons, by Sir William Beversham and Sir Edward Low:

To deliver a Bill to them, intituled, "An Act for freeing the City of London and Parts adjacent from Popish Inhabitants;" which the Lords have passed: To which the Lords desire the Concurrence of the House of Commons.

Message from thence, with a Bill.

A Message was brought from the House of Commons, by Sir John Trevor, &c. who said,

"The Commons had passed a Bill, intituled, "An Act for granting a Supply to His Majesty of Two Hundred and Six Thousand Four Hundred Sixty-two Pounds, Seventeen Shillings, and Three Pence, for paying off and disbanding the Forces raised since the 29th Day of September, 1677;" to which Bill the Commons desire their Lordships Concurrence."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quinta, Dominis sic decernentibus.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Bath & Wells.
Epus. Exon.
Epus. St. David's.
Ds. Cancellarius.
Ds. Præses Concilii
Domini Regis.
Dux Newcastle.
Marq. Winton.
Marq. Worcester.
L. Chamberlain.
Comes Bridgewater.
Comes North'ton.
Comes Sunderland.
Comes Clarendon.
Comes Essex.
Comes Craven.
Comes Aylesbury.
Comes Feversham.
Vicecomes Halyfax.
Ds. Paget.
Ds. North & Grey.
Ds. Maynard.
Ds. Rockingham.
Ds. Freschevile.

PRAYERS.

King's Answer, concerning Mr. Warcupp.

The Lord Chamberlain of His Majesty's Household reported, "That he and the Lord Maynard have attended His Majesty, with the Address of this House concerning Edmond Warcupp Esquire. To which His Majesty was pleased to give this Gracious Answer: That He hath a very good Opinion of Mr. Warcupp; and is so well satisfied with the good Service done by him, that His Majesty will be ready to gratify him in any Employment that the said Mr. Warcupp can reasonably pretend to, or that shall occur to His Majesty's own Thoughts for Mr. Warcupp's Advantage."

Supply Bill, for disbanding the Forces.

Hodie 1a et 2a vice lecta est Billa, "An Act for granting a Supply to His Majesty, of Two Hundred and Six Thousand Four Hundred Sixty-two Pounds, Seventeen Shillings, and Three Pence, for paying off and disbanding the Forces raised since the 29th Day of September, One Thousand Six Hundred Seventy and Seven."

ORDERED, That this Bill is committed to a Committee of the whole House; to be taken into Consideration To-morrow Morning.

E. of Danby to be brought to the Bar.

ORDERED, That the Lieutenant of The Tower of London be, and is hereby, required to bring Thomas Earl of Danby, now Prisoner there, to the Bar of this House, To-morrow, at Ten of the Clock in the Forenoon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 3um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 8th Day of May, 1679, by us,

Anglesey, C. P. S.
J. Bridgewater.
Craven.

Footnotes

* Deest in Originali.