Journal of the House of Commons: Volume 9, 1667-1687. Originally published by His Majesty's Stationery Office, London, 1802.
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Veneris, 23 die Maii, 1679.
A COMPLAINT being made of a Breach of Privilege, committed against the honourable Edward Lord Morpeth, a Member of this House, by William Tallantire, by stopping up a Way belonging to the said Lord Morpeth; and speaking contemptuous Words against the Lord Morpeth; and in Proceeding at Law to try the Right of the said Way, during the Sitting and Privilege of Parliament;
Ordered, That the said William Tallantire be sent for in Custody of the Serjeant at Arms attending this House, for his Breach of Privilege committed against the Lord Morpeth: And that all Proceedings at Law, touching the Right of the said Way, be stayed: And that Notice hereof be given to the said Tallantire's Attorney at Law.
Exporting Cloth to Turkey.
Ordered, That the Committee to whom the Bill for exporting Cloth to Turkey, stands committed, be revived; and do sit this Afternoon, in the Place formerly appointed: And that all the Members that serve for the Counties of Worcester, Gloucester, Wilts, Somersett, and Yorke, be added to the said Committee: And all that come are to have Voices.
Burying in Woollen.
Sir Wm. Franckland reports from the Committee to whom the Bill for the more easy collecting the Duty of Hearth-money, was committed, several Amendments agreed by the Committee to be made to the said Bill: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same were twice read; and, upon the Question, severally agreed.
Leave of Absence.
Committee of Privileges.
Impeachment of Earl Danby, &c.
Mr. Hamden reports from the Committee appointed to inspect the Journals of the Lords, a Report agreed upon by the Committee to be made to the House, of all the Proceedings, relating as well to the Impeachment and Bill against the Earl of Danby, as to the Impeachments against the other Lords in the Tower: Which he read to the House.
Money paid to Members.
Ordered, That Sir Stephen Fox be immediately sent for to attend the House; and do bring with him all the Books and Papers of Accompts, of any Money that he has paid to any Members of the last Parliament, and others, for keeping of Publick Tables: And that Sir John Hotham, Sir Robert Peyton, and Sir John Holman do acquaint him with this Order.
Impeachment of Earl Danby.
Mr. Papillon reports from the Committee appointed to inspect the Journals of this House, a Report agreed upon by the Committee to be made to the House, of all the Proceedings, relating as well to the Impeachment and Bill against the Earl of Danby, as to the Impeachments against the other Lords in the Tower: Which he read to the House.
Books respecting Secret Service.
Ordered, That Sir Stephen Fox do forthwith produce to this House his Ledger Book, Cash Book, and Journal, and his Receipts for Money by him paid for Secret Service: And that Sir John Hotham, Sir Robert Peyton, and Sir John Hollman, do accompany the said Sir Stephen Fox: And that he is injoined not to go out of the Company of the said Members before they return to the House.
Members not to depart.
Money paid to Members.
Ordered, That Sir Francis Winnington do, To-morrow Morning, make a Report of the Informations given to the Committee of Secrecy, touching Money paid for Secret Service to any of the Members of the last Parliament.
Trials of the impeached Lords, &c.
Sir John Trevor reports from the Committee appointed to join with the Committee of Lords, to consider of Propositions and Circumstances relating to the Tryals of the Lords in the Tower, That the Lords had communicated to the Committee of this House, a Paper, containing several Circumstances relating to the Tryals upon the Impeachments: Which he read in his Place, in hæc verba; viz.
"That the Earl of Powys, Viscount Stafford, Lord Petre, Lord Arundell of Wardour, and Lord Bellasis, and every of them, who are to be brought to their Tryal in Westminster 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 the said Lords are charged with: And that such Witnesses as any of the said Lords, at their respective Tryals, 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 Lords being brought to the Bar by the Lieutenant of the Tower, are to kneel, till 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 Tryals for their Lives."
"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."
"That such Peers at the Tryal 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 Places."
"The Evidence which you shall give in the Tryal 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."
"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 Middlesex, and the Justices of the Peace of the City of Westminster; to take Cake for the Safe-guarding of the Gates, and other Places; thereby to prevent the Concourse of People resorting to Westminster, during the Time of the Tryal of the said Lords."
Sir John Trevor further reports, That the Committee of Lords declared, when they delivered the said Paper, That the Paper was delivered as Proposals to be debated, and not as an Order or Rule to bind the Commons: And that the Committee of this House did declare, That they received the Paper only as Proposals.