House of Commons Journal Volume 9: 9 May 1679

Veneris, 9 die Maii, 1679.

Prayers.

Drake's Estate.

AN ingrossed Bill, sent from the Lords, intituled, An Act to confirm certain Leases made by John Drake Esquire, and others; and to enable Sir Francis Drake to make a Jointure, and raise Portions for his Daughter and younger Children, was read the Second time.

Resolved, &c. That the Bill be read a Third time.

The said Bill was read the Third time.

Resolved, &c. That the Bill do pass: And that the Title be agreed.

Ordered, That Sir John Hewley do carry up the said Bill to the Lords.

Lords reminded of Vote respecting Duke of Yorke.

Resolved, &c. That a Message be sent to the Lords, to put them in mind of the Message sent from this House, To desire their Lordships Concurrence to the following Vote; viz.

"That the Duke of Yorke's being a Papist, and the Hopes of his coming such to the Crown, has given the greatest Countenance and Encouragement to the present Conspiracies and Designs of the Papists against the King, and the Protestant Religion."

Ordered, That Sir Patience Ward do carry up the said Message to the Lords.

A Person to attend.

Ordered, That Mr. Charles Bertie be immediately sent for to attend at the Bar of this House.

Supply Bill; disbanding the Army.

A Message from the Lords, by Sir Edward Loe and Sir Miles Cooke;

Mr. Speaker, The Lords have commanded us to acquaint you, That their Lordships have agreed to leave out their Amendments, to which this House have not agreed, in the Bill for granting a Supply to his Majesty of Two hundred and Six thousand Four hundred and Sixty-two Pounds Seventeen Shillings and Three-pence, for paying off and disbanding the Forces raised since the Twenty-ninth of September 1677.

Leicester Election.

A Petition of Henry Rayson, John Seagrave, and John Edwin, Gentlemen, Freeholders in the County of Leicester, on the Behalf of themselves, and the Majority of the Freeholders in the said County; complaining of Briberies, and other undue Practices, used at the Election of a Knight of the Shire, to serve in this present Parliament for the said County; and of the undue Return of Sir John Hartop, in Injury of the Petitioners; was read.

Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Privileges and Elections; to examine the Matter thereof; and report the same, with their Opinions therein, to the House.

Lost Records of Fines.

A Bill for the Re-ingrossment of the Records of Fines lost or burnt by the late Fire in the Temple, was read a Second time.

Resolved, &c. That the Bill be committed to Serjeant Seyes, Mr. Grey, Sir Anth. Irby, Sir Robert Peyton, Mr. Thurborne, Sir John Mallet, Mr. Duboyes, Sir Richard Cust, Sir John Knight, Serjeant Rigby, Mr. Love, Mr. Sachaverell, Sir James Long, Mr. Foley, Sir John Hewley, Sir Richard Corbett, and all the Gentlemen of the Long Robe; that are Members of this House: And they are to meet To-morrow at Three of the Clock in the Afternoon, in the Speaker's Chamber.

Message to attend the King.

A Message from the King, by Sir Edward Carteret, Usher of the Black Rod;

Mr. Speaker,

The King commands this honourable House immediately to attend Him in the House of Peers.

And accordingly Mr. Speaker, with the House, went up to attend his Majesty.

King appoints to be attended.

Mr. Secretary Coventry acquaints the House, That his Majesty, having been attended to know his Pleasure, When this House might attend him with the Address concerning the Duke of Lauderdale, had appointed Three of the Clock this Afternoon, in the Banqueting House at Whitehall.

Precedents respecting Messages from the King, &c.

Ordered, That a Committee be appointed to inspect the Journals, and search Precedents, touching the Carrying up of Bills; and what previous Intimation ought to be given to this House, of his Majesty's Intention to pass Bills; and from and by whom such Notice hath usually been given; and whether this House may debate, after the Message delivered by the Black Rod, for Attendance of this House upon his Majesty.

And it is referred to Mr. Hamden, Sir John Trevor, Mr. Seymour, Mr. Butler, Sir Anth. Irby, Mr. Duboyes, Sir Joseph Tredenham, Sir Francis Russell, Mr. Boscawen, Colonel Birch, Mr. Harboard, Mr. Wogan, Sir Henry Calverly, Mr. Sachaverell, Sir Tho. Clarges, Sir Wm. Coventry, Sir Robert Carr, Sir Ralph Ashton, Sir Robert Peyton, Sir Robert Markham, Sir Robert Howard, Mr. Swinfen, Sir John Knight, Sir James Rushout, Mr. Colt, Mr. Foley: And they are to meet To-morrow at Three of the Clock in the Afternoon, in the Speaker's Chamber.

Conference- Liberty of the Subject.

A Message from the Lords, by Sir John Coell and Sir Samuel Clerke;

Mr. Speaker, The Lords desire a present Conference with this House in the Painted Chamber, upon the Subject Matter of the last Conference, relating to the Amendments made by their Lordships to the Bill for the better Securing the Liberty of the Subject; and for Prevention of Imprisonments beyond the Seas.

The Messengers being withdrawn;

Resolved, &c. That this House doth agree to meet the Lords at a present Conference in the Painted Chamber.

And the Messengers being called in, Mr. Speaker acquaints them, That this House had agreed to meet the Lords at a present Conference in the Painted Chamber.

Ordered, That the Members that managed the last Conference had with the Lords, concerning the Amendments made to the said Bill, do attend, and manage this Conference.

Conference concerning the Trials.

A Message from the Lords, by Sir John Coell and Sir Samuel Clerke:

Mr. Speaker, The Lords desire a present Conference in the Painted Chamber, about the Subject Matter of the Conference Yesterday had, concerning the Tryals.

The Messengers being withdrawn;

Resolved, &c. That this House doth agree to meet the Lords at a present Conference, in the Painted Chamber.

The Messengers being called in, Mr. Speaker acquaints them, That this House had agreed to meet the Lords at a present Conference in the Painted Chamber.

Ordered, That the Members that managed the last Conference, concerning the Tryals, do attend, and manage this Conference.

Conference- Liberty of the Subject.

Mr. Powle reports from the Conference had with the Lords concerning the Amendments made by their Lordships to the Bill for the better Securing the Liberty of the Subject, and for Prevention of Imprisonments beyond the Seas; That the Members appointed had attended, and managed the Conference: And that the Lord Privy Seal managed the Conference: And that what he delivered was as followeth;

4 Skin, 9 Line: First Amendment agreed.

4th Skin, 3d Line: It is safe to provide no other Courts be hurt or prejudiced; and That's all the Amendment the Lords Offer imports: And the House of Commons intending the same Thing, the Amendment can do no Hurt, nor give Countenance through Mistake.

11 Line: It extends only to legal Warrants and Orders, which may come from other Authority besides the Courts and Judicatures enumerated, and all legal Commitments ought to be allowed by this Act; and the Scope of the Act will stand firm, without other Words which the Lords have left out.

5 Skin, 33 Line: The Words "of Record" must be left out, for the Reasons in the Second Amendment; and because all Authority and Courts that may lawfully commit, are not of Record.

35 Line: Agreed.

9th Sk. 24 Line: Agreed; on condition the Proviso for the Peers be admitted.

10 Skin, 20 Line: The Lords wave their Amendment of "accused or indicted," so the Words may be read "have committed," instead of "commit."

Being of Resiants in England, the Offence must have been committed before the Offender be sent away.

21: The Lords insist on the Word "Capital:" and wave the rest of their Amendments; because the Lords do not think reasonable, Men be sent away for trivial Offences.

The last we agree to, That after the Assizes Men may have the Benefit of this Act.

Lords Proceedings on the Impeachments.

Ordered, That a Committee be appointed forthwith to inspect the Journals of the House of Lords; and see what Entries are there made of their Proceedings relating to the Tryal of the Earl of Danby, and the other Five Lords impeached, and particularly of their Proceedings upon the Conference Yesterday had; and also upon what Grounds the Popish Priests were sent for.

And it is referred to Mr. Powle, Mr. Hamden, Sir Robert Carr, Colonel Titus, Sir Robert Howard, Mr. Sachaverell, Sir Thomas Lee, Mr. Boscawen, Colonel Birch, or any Three of them.

Conference concerning the Trials.

Sir Thomas Meres reports from the Conference had with the Lords upon the Subject Matter of the Conference Yesterday had concerning the Tryals, That the Members appointed had attended at the Conference; and that the Lord Privy Seal managed the Conference; and what he delivered was as followeth;

"That the Lords do not agree to a Committee of both Houses; because they do not think it conformable to the Rules and Orders of Proceedings of this Court; which is, and ever must be, tender in Matters relating to their Judicature."

Addresses for raising the Militia, &c.

Resolved, Nemine contradicente, That an humble Address be made to his Majesty, to desire his Majesty to give Order, That the Militia of London, Westminster, Southwarke, the Tower Hamlets, and the Counties of Middlesex and Surrey, may be immediately raised, and put into a Posture of Defence.

And it is referred to Sir Robert Peyton, Sir Thomas Littleton, Mr. Hamden, Sir William Poultney, Sir Thomas Clarges, Colonel Birch, Sir Henry Calverly, Colonel Titus, Sir Thomas Player, Mr. Duboyes, Mr. Sachaverell, Sir Thomas Meres, or any Three of them, to prepare and draw up the same.

Resolved, &c. That an humble Address be made to his Majesty, by such Members of this House as are of his Majesty's Privy Council, to desire his Majesty, That his Majesty would be graciously pleased to give Order, that Two Companies of the Trained Bands of Westminster may be put into Arms To-morrow Morning.

And then the House adjourned till Four of the Clock this Afternoon.

Post Meridiem.

Prayers.

Answer to Address.

MR. Speaker reports, That he, with the House, having attended his Majesty with the Address concerning the Duke of Lauderdale; his Majesty was pleased to say, That he would consider of it, and return an Answer.

Hearth Money.

A Bill for the more easy Collecting the Duty of Hearth Money, was read the First time.

Resolved, &c. That the Bill be read a Second time.

Committees.

Ordered, That all Committees which were discontinued, be revived; and do sit To-morrow in the Afternoon, in the Places formerly appointed.

Lords Proceedings on the Impeachments.

Mr. Hamden reports from the Committee appointed to inspect the Lords Journals, and see what Entries are there made relating to the Tryal of the Earl of Danby, and the other Five Lords impeached; and particularly of the Proceedings upon the Conference Yesterday had; and upon what Grounds the condemned Popish Priests are sent for; That the Committee had inspected the Journals, and taken out Copies of their Proceeding: Which he reported to the House.

Resolved, &c. That no Commoner whatsoever shall presume to maintain the Validity of the Pardon pleaded by the Earl of Danby, without the Consent of this House first had: And that the Persons, so doing, shall be accounted Betrayers of the Liberties of the Commons of England.

Ordered, That this Vote be posted at Westminsterhall Gate, at the several Gates of the Serjeants Inns, and Inns of Court.

Resolved, That the Answer delivered by the Lords this Day, at the last Conference, tends to the Interruption of the good Correspondency between the Two Houses.

Ordered, That a Conference be desired with the Lords, upon the Subject Matter of the last Conference.

Ordered, That the Persons that managed the last Conference be appointed to draw up Reasons to be offered at the said Conference: And that it be an Instruction to the said Committee, That this House cannot proceed in the Tryal of the Lords, until the Methods of Proceedings be adjusted.

And then the House adjourned till To-morrow Morning, Seven of the Clock.