BHO

House of Lords Journal Volume 13: 14 April 1679

Pages 514-516

Journal of the House of Lords: Volume 13, 1675-1681. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Citation:

Table of contents

DIE Lunæ 14 die Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Carlile.
Epus. Rochester.
Epus. Ely.
Epus. Chichester.
Epus. Bath & Wells.
Epus. Landaff.
Epus. Lyncolne.
Epus. Worcester.
Epus. Exon.
Epus. St. David's.
Epus. Bristol.
Dux Cumberland.
Ds. Cancellarius.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
L. Great Chamberlain.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Dorset.
Comes Salisbury.
Comes Bridgewater.
Comes Leycester.
Comes North'ton.
Comes Denbigh.
Comes Clare.
Comes Westm'land.
Comes Manchester.
Comes Mulgrave.
Comes Peterborough.
Comes Winchilsea.
Comes Carnarvon.
Comes Thannet.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Shaftesbury.
Comes Guilford.
Comes Sussex.
Vicecomes Fau'onberg.
Vicecomes Halyfax.
Vicecomes Newport.
Vicecomes Yarmouth.
Ds. Mowbray.
Ds. Delawar.
Ds. Berkeley.
Ds. Ferrers.
Ds. De Grey.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North & Grey.
Ds. Chandos.
Ds. Norreys.
Ds. Brooke.
Ds. Grey de Wark.
Ds. Lovelace.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Herbert de Cherb.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Wotton.
Ds. Delamer.
Ds. Frescheville.
Ds. Arundell de T.
Ds. Butler de M.Park.

PRAYERS.

Lords take the Oaths.

This Day these Lords following 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:

John Lord Robertes.

Robert Viscount Yarmouth.

ORDERED, That the Lord Robertes is added to the Committee for Privileges, the Committee for the Journal Book, the Committee for Petitions, and the Committee for Examinations.

E. of Danby's Attainder Bill.

The House took into Consideration the Report of the Free Conference with the House of Commons on Saturday last, concerning the Bill touching the Earl of Danby.

First, the House agreed, That the Dates of the 10th and 15th of April should be altered, and made the 21th Day of April, in case the Bill be made an Attainder, as the House of Commons desire.

After a long Debate;

The Question was put, "Whether this House will agree with the Commons to the Bill for Attainder of the Earl of Danby of High Treason, in case he come not in by a Day to be prefixed in the Bill?"

And it was Resolved in the Affirmative.

Protest against it.

"Dissentientibus,

"Northampton.
Berkeley.
Bathe.
R. Ferrers. R. Arundell.
Ailesbury.
Lucas.
Carnarvon. Byron.
J. Frescheville."

ORDERED, That this House agrees to the making the Dates of the 10th and 15th of April to be the 21th of April, in the Bill of Attainder for the Earl of Danby to come in, as the House of Commons desire; and to acquaint the House of Commons with their Lordships Resolutions, at a Conference, this Afternoon.

Report concerning Fire in Fetter-Lane.

The Earl of Clarendon reported, "That the Lords Committees for Examinations have received Examinations concerning the late Fire in Fetter-Lane."

Which were read:

"1. The Report of Mr. Warcup, a Justice of Peace.

"2. The Examination of Elizabeth Oxley.

"3. The Examination of Nicholas Stubbs."

Hereupon this Order was made:

Allen to be attached.

"Upon Information given to this House, upon Oath, That James Allen, late Fellow of the College of Dullidge in Surrey, now Vicar of Water Beachamp, in Essex, hath encouraged Elizabeth Oxley to fire Houses: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy and Deputies, shall forthwith attach the Body of the said James Allen, and bring him in safe Custody to the Bar of this House to answer for the same; and this to be a sufficient Warrant on that Behalf.

"To Sir Geo. Charnock Serjeant at Arms attending this House, his Deputy and Deputies, and to all His Majesty's Officers Civil and Military, to be aiding and assisting in the Execution hereof."

Papers concerning the Plot to be communicated to H. C.

ORDERED, That the Lords Committees for Examinations do communicate these Papers now read, and such other Papers as were not read, to the Committee of the House of Commons, to be made Use of as they shall think fit.

Hurt's Petition for the Reward, for taking a Priest.

The Earl of Clarendon reported, "That the Committee for Examinations have received a Petition from Christopher Hurt, that he may have Twenty Pounds paid him, according to the Proclamation; he having apprehended a Romish Priest."

But, in regard the said Priest was none of His Majesty's Subject, but a Foreigner, the House was of Opinion, That it was not within the Proclamation.

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:

Epus. Durham.
Epus. Ely.
Epus. Bath & Wells.
Epus. Worcester.
Dux Cumberland.
Ds. Cancellarius.
Ds. Custos Privati Sigilli.
Dux Monmouth.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Suffolke.
Comes Salisbury.
Comes Bridgewater.
Comes North'ton.
Comes Manchester.
Comes Rivers.
Comes Winchilsea.
Comes Carnarvon.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Aylesbury.
Comes Burlington.
Comes Shaftesbury.
Comes Sussex.
Vicecomes Fauconberg.
Vicecomes Halyfax.
Vicecomes Newport.
Ds. Delawarr.
Ds. Berkeley.
Ds. Ferrers.
Ds. De Grey.
Ds. Wharton.
Ds. Paget.
Ds. Chandos.
Ds. Norreys.
Ds. Grey de Wark.
Ds. Lovelace.
Ds. Maynard.
Ds. Herbert de Cherb.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Delamer.
Ds. Frescheville.
Ds. Arundell T.

PRAYERS.

Message to H. C. for a Conference about the E. of Danby.

A Message was sent to the House of Commons, by Sir John Coell and Sir Tymothy Baldwin:

To desire a present Free Conference, in the Painted Chamber, touching the Matter of the last Free Conference.

Crabb and Goldsmith versus Fenton.

Upon reading the Petition of William Crabb and Thomas Goldsmith, Merchants, of the City of Bristol, being an Appeal from a Decree made in the Court of Chancery, on the Behalf of Elizabeth Fenton Widow, concerning Monies decreed to be paid by the Petitioners to her, upon the Accompt of her late Husband's Interest in the Ship called The Rainbow of Bristol, and other Matters in the said Petition suggested:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Elizabeth Fenton be, and is hereby, required to put in an Answer, in Writing, to the said Petition and Appeal, within Fourteen Days next after Notice given her of this Order by the Petitioners, or their Agent for that Purpose.

Eyre and Family, Leave to go beyond Sea.

This House being moved, "That Thomas Eyre and Mary his Wife, with Two Men Servants and Two Maid Servants, may have Leave to go beyond Sea:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Eyre and Mary his Wife, and Two Men Servants, videlicet, Mathew House and Richard Hurd, and Two Maid Servants, (to wit,) Mary Waite and Elizabeth Person, be, and are hereby, authorized and permitted forthwith to repair to any of His Majesty's Sea Ports of this Kingdom, and thence to pass into the Parts beyond the Seas; and for so doing, this shall be a sufficient Warrant.

Bill to clear London and Westm. of Papists.

Whereas the Lords Committees to whom the Bill, intituled, "An Act for freeing the City of London and "Parts adjacent from Popish Inhabitants," stands committed, have Power to add thereto several Clauses for preventing the Growth of Popery:

It is ORDERED, That (among other Things) Provision shall be therein made, to prevent the going of any Person whatsoever under the Age of Twenty Years into Foreign Parts, not being His Majesty's Dominions; and that, in the mean Time, no Leave shall hereafter be granted by this House to any Person under the said Age to go out of England into any Parts beyond the Seas, not being His Majesty's Dominions.

The Messengers return with this Answer:

Answer from H. C.

That the House of Commons will give a present Free Conference, as is desired.

Conference concerning E. of Danby's Attainder Bill.

The same Lords who managed the last Free Conference are to acquaint the House of Commons with the Agreement of this House in the Bill for Attainder of the Earl of Danby; and that they are willing also to concur in altering the Dates to the 21th of April, for his coming in.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Message from H. C. that they agree to it.

A Message was brought from the House of Commons, by Sir Francis Winnington and others:

To acquaint their Lordships, that the House of Commons agree to the Bill of Attainder of the Earl of Danby, with the Amendment offered by their Lordships at the last Conference.

Address to the King, to pass it.

Whereas a Bill, intituled, "An Act for the Attainder of Thomas Earl of Danby of High Treason," is now passed both Houses of Parliament; and the Time limited therein for the said Earl to render himself is on Monday the 21th Instant:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Privy Seal, the Duke of Monmouth, the Earl of Bridgewater, Viscount Halyfax, and the Lord Grey of Wark, do attend His Majesty, humbly to acquaint Him, from this House, "That the said Bill is passed; and, in respect of the Shortness of the Time mentioned therein for the said Earl's coming in, that His Majesty will be graciously pleased to appoint a short Time, at which the said Bill may be tendered to His Majesty, for His Royal Assent."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, 15um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.