House of Lords Journal Volume 13
24 May 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: 24 May 1679', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 588-589. URL: http://british-history.ac.uk/report.aspx?compid=11705 Date accessed: 18 September 2014.


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DIE Sabbati, 24 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Ely.
Epus. Bath & Wells.
Epus. Chester.
Epus. Bangor.
Epus. Landaff.
Epus. Worcester.
Epus. Exon.
Ds. Cancellarius.
Ds. Præses Concilii Domini Regis.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Albemarle.
Dux Monmouth.
Dux Newcastle.
Marq. Winton.
L. Great Chamberlain.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Pembrooke.
Comes Suffolk.
Comes Dorset & Midd.
Comes Salisbury.
Comes Bridgewater.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Clare.
Comes Westm'land.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Stanford.
Comes Carnarvon.
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 Plymouth.
Comes Feversham.
Vicecomes Say & Seale.
Vicecomes Conway.
Vicecomes Campden.
Vicecomes Fauconberg.
Vicecomes Halyfax.
Vicecomes Yarmouth.
Vicecomes Newport.
Ds. Mowbray.
Ds. Delawar.
Ds. Berkeley.
Ds. Ferrers.
Ds. Sandys.
Ds. Windsor.
Ds. Cromwell.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby.
Ds. Paget.
Ds. North & Grey.
Ds. Chandos.
Ds. Norreys.
Ds. Grey de Wark.
Ds. Lovelace.
Ds. Maynard.
Ds. Coventry.
Ds. Howard Esc.
Ds. Herbert de Cherb.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Delamer.
Ds. Frescheville.
Ds. Arundell T.
Ds. Butler M. P.
Ds. Manners.

PRAYERS.

Sir Ch. Houghton's Bill.

Hodie 2a vice lecta est Billa, "An Act for rectifying several Errors and Mistakes in certain Deeds of Settlement, made upon Marriage of Charles Hoghton Baronet, with Mary the Daughter of John Lord Viscount Massereene, of the Kingdom of Ireland."

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

L. Privy Seal.
E. Huntingdon.
E. Suffolke.
E. Salisbury.
E. Bridgewater.
E. Clare.
E. Peterborough.
E. Aylesbury.
E. Burlington.
Vicecomes Conway.
Vicecomes Fauconberg.
Epus. Durham.
Epus. Bath & Wells.
Epus. Chester.
Epus. Exon.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. Howard Esc.
Ds. Herbert de Cherb.
Ds. Byron.
Ds. Ward.
Ds. Rockingham.
Ds. Gerard de Brand.

Their Lordships, or any Five of them; to meet on Monday next, at Three of the Clock in the Afternoon, in the Prince's Lodgings; and to hear all Persons concerned therein.

Nevile, a Papist, committed to The Gatehouse, for remaining in Town.

Upon Report made from the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy, "That Henry Nevile, being a Papist, hath been found and seized on, for being in Town contrary to His Majesty's late Proclamation, and pretending that his coming to Town is in order to his going beyond Sea; for which he hath His Majesty's License:"

It appearing that the said License bears Date in January last, and that he hath not made any other Use thereof than to shelter him in coming to Town; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Nevill shall be committed to the Prison of The Gatehouse, there to remain a Prisoner till further Order; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of the Prison of The Gatehouse, at Westm. and to such Constable in whose Custody the said Henry Nevill now is, and either of them.

Bill to clear London and Westminster of Papists.

The House took into Consideration the Amendments in the Bill for clearing the City of London, and the Parts adjacent, from Popish Recusants.

And the said Amendments being many; these Lords following were appointed, to consider of the said Amendments, and give this House an Account how they stand, and the Coherence thereof, on Monday Morning next:

L. President of the Council.
L. Privy Seal.
E. Bridgewater.
E. Essex.
Vicecomes Fauconberg.
Epus. Ely.
Epus. Bath & Wells.
L. Wharton.
L. Paget.
L. Howard Esc.
L. Colepeper.
L. Gerard Brand.

Any Three; to meet on Monday next, at Eight of the Clock, in the Prince's Lodgings.

E. Dunbarton's Petition, to be exempted from the Penalties of the said Bill.

Whereas, upon reading the Amendments made by the House of Commons to the Bill for clearing London and the Parts adjacent from Popish Inhabitants, a Petition of the Earl of Dunbarton was presented to this House, and read; praying, "That he may be exempted by Name from the Penalties of the said Bill, for the Reasons in his said Petition suggested:"

It is ORDERED, That the said Petition of the Earl of Dunbarton be referred to the Lords Committees appointed to consider of the said Amendments; and report their Opinion thereupon to this House, together with the other Matters referred to them.

Lords Leave to visit the Lords in The Tower.

ORDERED, That the Lord Stourton hath hereby Leave given him, for One Time, to visit the Lord Petre, who is now a Prisoner in The Tower.

ORDERED, That the Lord Viscount Fauconberg hath hereby Leave given him, for One Time, to visit the Lord Bellasyse, in The Tower.

Liberty of the Subject, Habeas Corpus Bill.

Next, the House took into Consideration, the Amendments in the Bill for the better securing the Liberty of the Subject, and for preventing of Imprisonments beyond the Seas; to which the Commons have not Agreed.

And the Lords made these Amendments; (videlicet,)

"4th Skin, 3d Line, the Lords agree to wave this Amendment, so as the Proviso following may be added to the Bill; (videlicet,)

"["Provided always, That nothing in this Act contained shall extend, or be construed to extend, to increase the Jurisdiction of the Court of King's Bench, or to diminish the lawful Jurisdiction of any other Court; but that all and every the Jurisdictions of the said Courts shall continue and remain the same as formerly, any Thing in this Act to the contrary notwithstanding."]

"11 Line, the Lords agree, that after ["Process"] the Words to ["for such Matters"] remain in the Bill; so as after the said Word ["Process"] the Words ["Order or Warrant"] be added in the said 11th Line.

"5 Skin, 33 Line, the Lords agree to wave the Amendment, on the same Condition as they wave that of the 4th Skin and 3d Line.

"9th Skin, 24th Line, the Lords agree to wave this Amendment, so as the Proviso marked (Ø) may be added to the Bill; (videlicet,)

"["Provided always, and be it enacted, That no Peer of this Realm shall be tried for any Offence against this Act, but by his Peers."]"

ORDERED, That these Resolutions shall be communicated to the House of Commons on Monday next, at the Free Conference.

Ward versus Booth.

Upon hearing Counsel this Day at the Bar, upon the Petition of William Ward Esquire, an Infant, by Edward Lord Ward, his Guardian and next Friend, and John Levet Gentleman, and Mary his Wife, being an Appeal from a Decree made in the Court of Chancery, on the Eighteenth Day of February last, concerning a Settlement of certain Manors and Lands, in the County of Chester, late the Lands of Sir Thomas Brereton Baronet, deceased; as also upon the Answer of Mr. Nathaniell Booth, put in to the said Appeal:

After due Consideration had of what was offered on either Part thereupon, and of the Depositions taken in the said Cause; it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Appeal of William Ward, and John Levet and Mary his Wife, be, and is hereby, dismissed this House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 26um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.