DIE Jovis, 22 die Maii.
Domini tam Spirituales quam Temporales præsentes
Epus. Bath & Wells.
Epus. St. David's.
Ds. Præses Concilii Domini Regis.
Ds. Custos Privati Sigilli.
Vicecomes Say & Seale.
Ds. Willoughby de Parham.
Ds. North & Grey.
Ds. Grey de Wark.
Ds. Herbert de Cherb.
Ds. Gerard de Brand.
Ds. Arundell de Treryse.
Ds. Butler de M.Park.
Message from H. C. for condemned Priests to be remanded to the Counties where they were condemned, for Execution;--and to remind the Lords of the Address about raising the Militia of London and Westm.
A Message was brought from the House of Commons, by Sir William Franklin and others:
To acquaint their Lordships, that the House of Commons having made an humble Address to His Majesty, "That He would please to give Order to the
Judges, to issue out their Warrants, for executing the
several Popish Priests condemned in the several Circuits: And His Majesty having been graciously pleased
to signify to the House of Commons, That your
Lordships have sent for them, in order (as He conceived) to some Examinations; and the House of
Commons being also informed, That the said Priests
have, by Order from your Lordships, not only been
brought out of the several Countries where they
were condemned, but continued yet in Newgate and
other Prisons in and about the Cities of London and
Westminster, by reason whereof; the Execution of the
Sentence pronounced upon them is still delayed; do
desire of your Lordships, that the said Priests may
be forthwith remanded to the several Countries
where they were condemned, that so they may be
executed according to the Judgements passed upon
ORDERED, That the Consideration of this Part of
the Message shall be taken up To-morrow Morning.
"Also, he said, he was further commanded to put
your Lordships in mind of the Address concerning
the Militia, to which your Lordships have agreed;
but is not yet presented to His Majesty."
Address to be presented, for raising the Militia of London and Westm.
ORDERED, That the Earl of Salisbury, Earl of
Bridgewater, and Earl of North'ton, do attend His Majesty, to know His Pleasure, when the Two Houses of
Parliament shall wait on His Majesty to present their
Address concerning the Militia of Midd. and London,
and other Parts adjacent.
Earl of Plymouth, Leave to visit E. Danby.
ORDERED, That the Earl of Plymouth hath hereby
Leave given him for one Time to visit the Earl of Danby
who is now a Prisoner in The Tower.
Message from H. C. with the Bill for
A Message was brought from the House of Commons, by Sir Thomas Clargis and others; who said,
clearing London and Westm. and for a Conference on the Habeas Corpus Bill.
He was commanded to return a Bill sent to the Commons from their Lordships, for clearing the City of
London and the Parts adjacent from Popish Recusants; to
which the Commons have made Amendments, and desire
their Lordships Concurrence thereunto.
2. To desire a Free Conference, upon the Amendments in the Bill for the more effectual securing the
Liberty of the Subject.
The Answer returned was:
That the Lords do agree to give a Free Conference,
as is desired; and appoint the same to be presently, in
the Painted Chamber.
The Lord President, the Lord Privy Seal, the Earl
of Bridgewater, and the Lord Wharton, were appointed
to manage this Free Conference.
The House was adjourned during Pleasure, and the
Lords went to the Free Conference; which being ended,
the House was resumed.
Report of the Conference about the Habeas Corpus Bill.
The Lords that managed this Free Conference gave
the House an Account, "That the Commons did declare, that they had agreed to all the Amendments
to the Bill for the more effectual securing the Liberty of the Subject excepting to Four; many Reasons were given on both Sides, but they came to no
ORDERED, That the Debate of this Free Conference is put off to Saturday next.
Report of Precedents and Ways of Proceedings in the Trials of the impeached Lords.
The Lord Privy Seal reported, "That the Committee for the Journal Book, which was appointed
to make an Abstract out of the Report concerning
the Methods of Proceedings to be observed at the
Trials of the Lords in The Tower, of what is fit to
be communicated to the House of Commons, and
what is requisite to be for the Direction of the Lord
Chancellor, have met, and considered thereof, as
The Preface of the Report to stand; videlicet,
"The Lords Committees for Privileges, to whom
it is referred to consider of Precedents and Ways
of Proceeding in the Trials and Judicature of the
Peers, have perused the Journals of this House; in
which the Proceedings in order to the Trials of the
Earl of Strafford and the Earl of Pembrooke are entered; and, upon Consideration had thereof, have
ordered to report, that the Method of Proceedings
agreed to by the House of Peers on the 22th of
March, 1677, in order to the Trial of the Earl of
Pembrook, be observed in order to the Trials of the
Earl of Powis, Viscount Stafford, Lord Petre, Lord
Arundell of Wardour, and Lord Bellasise; save only
that the Attendance of the Clerk of the Crown in
the King's Bench is not to be required, nor any
Place to be prepared at the Bar for the King's
Counsel; and that the additional Rule for the going
of the Eldest Sons of the Peers between the House
of Peers above Stairs and Westminster Hall, made the
9th of this Instant May, be observed: Also,
"The Lord Chancellor is to observe Rules and Directions, which are already upon the Journals; of
which he is to have an Extract, and therefore not
requisite to be entered again here.
"That which is proper to be communicated is as
"That the Earl of Powis, Viscount Stafford, Lord
Petre, Lord Arundell of Wardour, and Lord Belasise,
and every of them, who are to be brought to their
Trial in Westm. Hall, shall have Warrants for such
Witnesses as will not come without (Affidavit being
first made thereof), excepting such as are Members
of the House of Commons, and such Persons as
stand charged with the same Treason as the said Lords
are charged with; and that such Witnesses as any of
the said Lords at their respective Trials shall produce for their Defence shall not be examined upon
Oath, in their Case; but may be examined upon
Oath, if the Members of the House of Commons do
desire it, on their Behalf: And if the said Lords, or
any of them, do re-examine the said Witnesses, it
is to be upon the same Oath.
"That the Lieutenant of The Tower is to return
the Warrant of this House.
"That the said Lords, being brought to the Bar
by the Lieutenant of The Tower, are to kneel until
the Lord High Steward command them to arise;
and then he is to let them know, "That they are this
Day to answer to the Accusation of High Treason,
wherewith they stand charged, in the Name of the
Commons now assembled in Parliament, and in the
Name of all the Commons of England; and that this
Day they are to receive their Trials for their Lives."
"That the whole Impeachment against them is to be
read; and then their Answers: Which being done,
the Lord High Steward is to tell the Commons, "That
now they may go on with their Evidence."
"Then the Lord High Steward is to declare, "That
now the Court is proceeding to hear the Evidence;"
and desire the Peers to give Attention.
"If the said Lords shall demand Counsel, the Lord
High Steward is to let them know, "That, during the
Time that the Members of the Commons do manage
their Evidence in Matter of Fact, they (the said
Lords) are to use no Counsel."
"If any of the Peers, the Members of the House
of Commons that manage the Evidence, or the Prisoners, do desire to have any Question asked; they
must desire the Lord High Steward to ask the Question.
"If any Doubt doth arise at the Trial, no Debate is
to be in the Court, but the Question suspended to be
debated in this House.
"The Peers are to sit upon the Trial but Once a
Day, and not to sit past Two of the Clock.
"The Members of the Commons to be set first, before the Peers come.
"None to be covered at the Trial but the Peers.
"That a private Place be made, to put Offenders
"That the Place between the Prisoners and the
Woolsack be clear.
"That such Peers, at the Trial of the said Lords,
who at the Instance of the Commons shall be admitted Witnesses, are to be sworn at the Clerk's
Table, and the Lord High Steward to administer the
Oath, and to deliver their Evidence in their own
"Those Witnesses that are Commoners are to be
sworn at the Bar by the Clerk, and are to deliver
their Evidence there.
"The Oath which is to be given to the Witnesses
"The Evidence which you shall give, in the Trial
concerning the Five Lords Prisoners at the
Bar, shall be the Truth, the whole Truth,
and nothing but the Truth: So help you God,
and the Contents of this Book.
"The said Five Lords may cross-examine Witnesses,
viva vice, at the Bar.
"That Notice be given to the Lord Mayor, Aldermen, and Sheriffs of the City of London, and likewise to the Deputy Lieutenants and Justices of Midd.
and the Justices of the Peace of the City of Westm.
to take Care for the safe-guarding of the Gates and
Places, thereby to prevent the Concourse of People
resorting to Westm. during the Time of the Trial of
the said Lords."
To be communicated to H. C.
This Report was read, and Agreed to; and it is
ORDERED, That it be communicated to the Committee
of the House of Commons, by the Lords Committees,
at their next Meeting.
King to be attended, with the Address concerning the Militia of London and Westminster.
The Earl of Salisbury reported, "That himself and
the other Lords have attended His Majesty, to know
what Time His Majesty will please to appoint, for
both Houses to present the Address to Him, concerning the Militia about London; and His Majesty hath
appointed To-morrow, at Three of the Clock in the
Afternoon, in the Banqueting-house at Whitehall, for
Message to H. C. to acquaint them with the Day of Trial of the Five Lords;
A Message was sent to the House of Commons, by
Sir John Coell and Sir Tymothy Baldwin:
To communicate to the Commons the Order of this
House, for appointing Tuesday next for the Trials of the
Five Lords in The Tower.
and with the King's Appointment to be attended with the Address.
Also to acquaint them, That the Lords having addressed to His Majesty, to know when He will appoint both
Houses to wait upon Him to present their Address concerning the Militia, His Majesty hath appointed Tomorrow, at Three of the Clock in the Afternoon, in
the Banqueting-house at Whitehall, to receive their Address.
Order to the Lieutenant of The Tower, to bring the Five Popish Lords to Westminster-hall.
ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That the Constable of His Majesty's Tower in London, or, in his Absence, the Lieutenant thereof, be, and is hereby, required to bring
William Earl of Powis, William Viscount Stafford, William Lord Petre, Henry Lord Arundell de Wardour, and
John Lord Belasyse, now Prisoners there, to the Bar of
this House, in Westminster-hall, on Tuesday the Twentyseventh Day of this Instant May, at Nine of the Clock
in the Forenoon.
Bill to clear London and Westminster of Papists.
ORDERED, That the Amendments in the Bill concerning the freeing of the City of London from Papists,
shall be taken into Consideration To-morrow Morning.
Thomas Ireland to be attached.
ORDERED, That John Briggs be, and is hereby, authorized and required to apprehend and secure Thomas
Ireland, so that the said Thomas Ireland may be brought
before the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy:
And this shall be a sufficient Warrant on that Behalf.
To the said John Briggs, as also to all His
Majesty's Officers Civil and Military;
who are hereby required to be aiding
and assisting in the Execution hereof.
L. Stafford's House to be searched again.
ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That Edmond Warcupp Esquire,
One of the Deputy Lieutenants and Justice of Peace
for the County of Midd. and City and Liberty of Westminster, taking to his Assistance Sir William Waller and
Sir Phillip Mathewes, or either of them, be, and is
hereby, authorized, empowered, and required, forthwith further to search the House of the Lord Viscount
Stafford, called or known by the Name of Tarthall;
and at such Times hereafter as the said Edmond Warcupp
shall receive Information, upon Oath, that any Popish
Priests, or other dangerous Persons, are, or shall be,
harboured there; and to seize and secure all such Persons, in order to their being brought before the Lords
Committees for examining Matters relating to the Discovery of the late horrid Conspiracy, in the Lord Privy
Seal's Lodgings, near the House of Peers.
Higgin, Keogg, and other Irishmen, detained in Pembrokeshire.
Upon Report made from the Lords Committees for
examining Matters relating to the Discovery of the late
horrid Conspiracy, concerning some Irish Persons; videlicet, James Higgon, Langlein Keogg, Thomas Eustace,
John Dowdswell, and Thomas Conway, driven into Millford-haven by Stress of Weather, and now in Prison in
Pembrookshire Gaol, upon Suspicion of being Popish
Priests, and for refusing to take the Oaths of Allegiance
and Supremacy; which Oaths they have since taken,
but are not yet discharged out of Prison:
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the Case of the said Five
Irish Persons be wholly dismissed this House; and that
the Justices of Peace for the said County of Pembrooke, and Town and County of Haverford West, be,
and are hereby, directed to proceed concerning the said
Five Irish Persons, according to Law.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 23um
diem instantis Maii, hora decima Aurora, Dominis sic