DIE Jovis, 8 die Maii.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| | |
Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Rochester.
Epus. Ely.
Epus. Gloucester.
Epus. Bath & Wells.
Epus. Chester.
Epus. Bangor.
Epus. Lyncolne.
Epus. Worcester.
Epus. Exon.
Epus. St. David's.
Epus. Bristol. |
Ds. Cancellarius.
Ds. Præses Concilii Domini Regis.
Ds. Custos Privati Sigilli.
Dux Monmouth.
Dux Newcastle.
Marq. Winton.
Marq. Worcester.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Dorset et Midd.
Comes Sarum.
Comes Bridgewater.
Comes Leycester.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Clare.
Comes Bolingbrooke.
Comes Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Stanford.
Comes Carnarvon.
Comes Chesterfeild.
Comes Thannet.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Guilford.
Comes Plymouth.
Comes Feversham.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Newport. |
Ds. Berkeley.
Ds. Ferrers.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North.
Ds. Chandos.
Ds. Norreys.
Ds. Grey de Wark.
Ds. Lovelace.
Ds. Maynard.
Ds. Coventry.
Ds. Howard Esc.
Ds. Herbert de Cherb.
Ds. Leigh.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Astley.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Wotton.
Ds. Delamer.
Ds. Frescheville.
Ds. Arundell T.
Ds. Butler M. P. |
PRAYERS.
E. of Plymouth introduced.
This Day, Charles Fitz Charles Earl of Plymouth was
introducted, in his Robes, in the usual Manner, between
the Earl of Sunderland and the Earl of Bath, in their
Robes.
His Lordship presented his Patent of Creation and
Writ of Summons, upon his Knees, to the Lord Chancellor on the Woolsack; which, being delivered to the
Clerk, were read:
First, the Patent, which bears Date the 29th of July,
A° 27° of King Charles the Second.
The Writ bears Date the 7th of May, in the 31th
Year of the Reign of King Charles the Second.
Lords take the Oaths.
After this, Charles Fitz Charles Earl of Plymouth, and
Oliver Earl of Bolingbrooke, 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 the Earl of Plymouth was brought and placed
at the lower End of the Earls Bench.
This Day, Anthony Earl of Shaftesbury Lord President of His Majesty's Privy Council, Arthur Earl of
Anglesey Lord Privy Seal, and George Viscount Halyfax,
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: Their Witnesses, being first sworn at the Bar, did prove the Truth
of their Certificates, concerning their Lordships receiving the Sacrament of the LORD'S Supper.
E. Danby to be heard by Counsel.
Upon reading the Petition of Thomas Earl of Danby;
praying, "That the Order of this House, of the Sixth
Instant, made in his Case, which he suggesteth to
be defective, as to the Assistance of his Counsel in
Defence of his Plea, may be explained:"
It is this Day ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That the Counsel
of the said Earl of Danby are to attend with him, and
be heard in his said Defence.
Witnesses for Five impeached Lords, to attend.
ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That Sir Bryan Broughton, Sir
Thomas, Whitgrave, Mr. Thomas Kennersley, Mr. Ralph
Lawson, Mr. Thomas Abnell, Mr. William Pawlet, Nathaniell Caulkin, Elizabeth Eld, Ann Eld, Thomas Perry,
James Jones, Mr. Ralph Phillips Parson of Tixall, Mr.
Sambeech, Mr. Thomas Astely, Mr. Goodard Servant
to the Bishop of Litchfeild and Coventry, Thomas Sayer,
Mr. Richard Gerrard of Hillerson, John Proctor, Thomas
Hollowes, John Pallet of Ridgley, Walter Collins of Stafford, Thomas Parker, Thomas Winter, John Menter,
Anthony Landracy, William Parker, Anthony Cooke, James
Baylie, John Joseph, Peter Carpenter, William Bradford,
Elizabeth Silleyer, Edward Wood, John Minney, Thomas
Andrewes, be, and are hereby, required to appear before the House of Peers, in Westminster Hall, to give
Evidence of what they know, or can say, on the Behalf
of William Earl of Powis, William Viscount Stafford,
William Lord Petre, Henry Lord Arundell of Wardour,
and John Lord Bellasis, or any of them, in their making
their Defences upon their respective Trials, on Tuesday
next, being the Thirteenth Day of this Instant May,
and such Times after as the said Trials shall continue.
Harcourt, a Jesuit, to be brought to the Bar.
The Earl of Clarendon reported from the Committee
of Examinations, "That William Harcourt, the Jesuit,
is taken; and is now in the Hands of the Officer
that took him."
It is ORDERED, That the said William Harcourt be
brought to this Bar presently; and Mr. Oates and Mr.
Bedlo to be then also present.
Drake's Bill.
Hodie 3a
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."
The Question being put, "Whether this Bill
"shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Sir Samuell Clerke and Sir John Hoskyns:
To deliver the Bill concerning Sir Francis Drake, and
to desire Concurrence therein.
Message from thence, to sit.
A Message was brought from the House of Commons,
by Sir William Franckland, &c.
To acquaint their Lordships, that the Commons do
intend to sit; and they desire their Lordships would
please to fit likewise.
Liberty of the Subject, Habeas Corpus Bill.
The House took into Consideration the Amendments
in the Bill for the better securing the Liberty of the
Subject; and as to the Amendment in the 4th Skin and 3d
Line, after ["committed"], add ["or in such other Court
where the said Offence is properly cognizable]."
The Question being put, "Whether to insist upon
this Amendment?"
It was Resolved in the Affirmative.
Wallis versus Whistler, in Error.
Upon reading the Petition of Thomas Wallis; shewing,
That he having obtained a Judgement in the Court
of King's Bench against Philip Whistler (which Judgement is affirmed in the Court of Exchequer,) the said
Philip Whistler hath (for Delay) brought the said
Judgement into this Court, on the 26th of April last,
by Writ of Error; but hath not assigned Errors
thereon, according to the Rule of this Court; and
therefore praying, That the said Judgement may be
affirmed:"
It is thereupon ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That if the said
Philip Whistler shall not assign his Errors upon the said
Writ of Errors, peremptorily, by Monday next, being the
12th Instant, at Ten of the Clock in the Forenoon, this
Court will affirm the said Judgement, and remit the
Transcript thereof, to the said Writ of Error annexed,
into the Court of King's Bench; whereof the Petitioner
is to cause timely Notice to be given to the said Philip
Whistler for that Purpose.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus
instantis diei, hora quarta, Dominis sic decernentibus.
Post meridiem.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| | |
Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Rochester.
Epus. Ely.
Epus. Bath & Wells.
Epus. Landaff.
Epus. Lyncolne.
Epus. Worcester.
Epus. Exon.
Epus. St. David's.
Epus. Bristol. |
Ds. Cancellarius.
Ds. Præses Concilii Domini Regis.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Dux Monmouth.
Dux Newcastle.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Salisbury.
Comes Bridgewater.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Clare.
Comes Carnarvon.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Plymouth.
Comes Campden.
Vicecomes Halyfax.
Vicecomes Newport. |
Ds. Berkeley.
Ds. Ferrers.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. Norreys.
Ds. Grey d' Wark.
Ds. Lovelace.
Ds. Maynard.
Ds. Howard Esc.
Ds. Herbert de Cherb.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Astley.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard Brand.
Ds. Wotton.
Ds. Delamer.
Ds. Frescheville.
Ds. Arundell (fn. *) M. P.
Ds. Mannors. |
PRAYERS.
Message from H. C. for a Conference about the impeached Lords; and to remind the Lords of the Habeas Corpus Bill.
A Message was brought from the House of Commons,
by Sir Christopher Musgrave:
To desire a Conference, concerning the Matter of
their Lordships last Message sent to them, concerning the
Trials of the Earl of Danby and the Five Lords in The
Tower.
2. To put their Lordships in Mind of a Bill sent from
the House of Commons, for the better securing the Liberty of the Subject.
The Question was put, "Whether to give a
present Conference with the House of Commons, in the Painted Chamber?"
It was Resolved in the Affirmative.
The Answer returned was.
Answer.
That this House will give a Conference, as is desired;
and appoint the same to be presently, in the Painted
Chamber.
These Lords following were appointed to report this
Conference:
| | |
L. President.
L. Privy Seal.
D. of Newcastle.
E. of Huntingdon.
E. of Clarendon.
E. of Essex.
Vicecomes Fauconberg.
Vicecomes Halyfax. |
Bp. of Rochester. |
L. Grey.
L. Howard Esc.
L. Colepeper. |
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Report of the Conference.
Then the Lord President reported the Effect of the
Conference; which was,
"That the Commons suppose your Lordships do intend, in all the Proceedings upon the Impeachments
now depending before your Lordships, to follow the
usual Course and Methods of Parliament. And the
Commons cannot apprehend what should induce your
Lordships to address to His Majesty for a Lord High
Steward, in order to the determining the Validity of
the Pardon which hath been pleaded by the Earl of
Danby to the Impeachment of the Commons, as also
for the Trial of the other Five Lords; because the
Commons conceive the Constitution of a High Steward
is not necessary; but that Judgement may be given
in Parliament, upon Impeachment, without a High
Steward.
H. C. desire a Committee of both Houses may meet, to settle Matters relative to the Trial of the impeached Lords.
"There being several other Matters contained in your
Lordships Messages, touching the Trial of the Lords
Impeachments, which, if not settled, may occasion
several Interruptions and Delays in the Proceedings;
the House of Commons do therefore propose to your
Lordships, that a Committee of both Houses be nominated, to consider of the most proper Ways and
Methods of Proceedings upon Impeachments of the
House of Commons, according to the Usage of Parliament, that thereby those Inconveniencies may be
avoided."
After a long Debate;
The Question was put, "Whether to agree with
the Desire of the House of Commons at the
Conference, to have a Committee of both
Houses, to consider of the Manner of the
Trials of the Lords?"
It was Resolved in the Negative.
Protest against refusing it.
"Dissentientibus,
"Finch, C.
Arlington.
Shaftesbury, Pr.
Huntingdon.
Bedford. Derby.
Clare. Essex. Clarendon.
Newport. Strafforde. Salisbury.
Delamer.
R. Eure.
Rockingham.
Halifax.
Pagett.
P. Wharton.
Grey.
J. Lovelace."
Message to H. C. for a Conference on the Supply Bill.
A Message was brought from the House of Commons,
by Mr. Grey and others:
To desire a Conference, concerning the Amendments
made by their Lordships in the Bill for granting a Supply to His Majesty, for paying off the Army.
The Answer returned was:
Answer.
That their Lordships will give a Conference, as is desired; and appoint the same to be presently, in the Painted
Chamber.
The same Lords who reported the last Conference are
to report this.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Report of the Conference.
The Lord President reported the Effect of the last
Conference; which was, "That the Commons agree
to the Amendments made by their Lordships in the
Names; but they do not agree in the Clause concerning Landlords and Tenants, because they conceive
it is provided for already in another Act.
"Neither do the Commons agree with their Lordships
in the Amendments concerning the Isles of Jersey
and Guernsey, nor in that Clause concerning Lemuell
Kingdon."
The Lords departed from these Amendments; and
agreed with the House of Commons, in regard of the
great Necessity of the speedy passing this Bill.
Message to H. C. that the Lords agree to the Supply Bill.
A Message was sent to the House of Commons, by
Sir Miles Coke and Sir John Hoskins:
That the Lords, in regard of the Necessity of the
speedy passing the Bill for granting a Supply to His
Majesty, for paying off the Army, have departed from
their Amendments, and agreed with the House of
Commons.
Harcourt, a Jesuit, examined:
William Harcourt was brought to this Bar; and Mr.
Oates did charge the said William Harcourt, "That he
was a Jesuit, and was made Rector of London; and
that he was at the Consultation in London, about April
was Twelvemonth, about the Conspiracy against the
Person of His Majesty and His Government."
Whereupon the House made the following Order:
Committed to Newgate.
"Whereas William Harrison, alias Harcourt, was this
Day brought to the Bar, and was there charged with
High Treason: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That
the Gentleman Usher of the Black Rod attending
this House do take special Care forthwith to convey
the said William Harrison, alias Harcourt, in Safety, to
Newgate, there to remain a Prisoner till he shall be
discharged by due Course of Law; and for so doing,
this shall be a sufficient Warrant.
"To the Gentleman Usher of the Black
Rod attending this House, as also to
the Keeper of the Prison of Newgate,
and their respective Deputies, and every
of them."
ORDERED, That this House be called Tomorrow
Morning.
Address to the King, to pass the Supply Bill.
ORDERED, That the Lords with White Staves do let
His Majesty know, "That both Houses of Parliament
have agreed to the Bill for raising Money, to pay off
and disband the Forces raised since the 29th of September, 1677; and humbly to desire His Majesty,
That He will be pleased to give His Royal Assent to
the said Bill To-morrow Morning."
King's Answer.
The Lord Maynard reported, "That the Lords with
White Staves have attended His Majesty, with the
Desire of this House, concerning His Majesty's giving His Royal Assent to the Bill for raising Money,
to pay off and disband the Forces raised since the
29th of September, 1677: And His Majesty returns
this Answer, That He will come To-morrow Morning,
and give His Royal Assent to that Bill."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 9um diem
instantis Maii, hora decima Aurora, Dominis sic decernentibus.
Hitherto examined, this 13th of May, 1679, by us,
J. Bridgewater.
Stamford.
Seth Sarum.
North & Grey.
J. Robertes.
Byron.
Vaughan Carbery.