BHO

House of Lords Journal Volume 13: 17 April 1679

Pages 526-529

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 Jovis, 17 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. 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. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Pembrooke.
Comes Suffolk.
Comes Salisbury.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Clare.
Comes Westmerland.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Peterborough.
Comes Winchilsea.
Comes Carna'von.
Comes Chesterfeild.
Comes Thannet.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes St. Albans.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Shaftesbury.
Comes Guilford.
Comes Sussex.
Vicecomes Fauconberg.
Vicecomes Halyfax.
Vicecomes Yarmouth.
Vicecomes Newport.
Ds. Mowbray.
Ds. Delawar.
Ds. Berkeley.
Ds. Morley.
Ds. Ferrers.
Ds. De Grey.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North & Grey.
Ds. Chandos.
Ds. Brooke.
Ds. Grey de Wark.
Ds. Robertes.
Ds. Maynard.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Wotton.
Ds. Delamer.
Ds. Frescheville.
Ds. Arundell de Treryse.
Ds. Butler de M. Park.

PRAYERS.

E. Berks takes the Oaths;

This Day Thomas Earl of Berks 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.

and his Seat.

This Day Thomas Earl of Berks sat first as a Peer in Parliament, upon the Decease of Charles Earl of Berks, his Brother.

His Writ of Summons to Parliament bears Date the 16th Day of April, Anno 31° Domini Regis Caroli Secundi.

Cooling versus Stratfold, in Error.

Whereas this Day was appointed to hear the Errors argued by Counsel, upon a Writ of Error depending in this House, wherein Joseph Cooling Esquire is Plaintiff, against Samuell Stratfold Defendant:

Upon reading a Petition of the said Joseph Cooling, concerning the same; it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued, by Counsel on both Parts, at the Bar, on the First Day of the Sitting of the Parliament next after Easter-day.

E. Manchester versus Newtas & al. Privilege, concerning the Manor of Holwell &c.

Whereas Edmund Mewtas, Henry Smith, John Lambert, and John Thorpe, were this Day brought to the Bar, by the Serjeant at Arms attending this House, to answer for their Breach of Privilege, in entering upon the Inheritance of the Earl of Manchester, a Peer of this Realm, in the Manors of Holwell and Needingworth, nigh St. Ives, in the County of Huntingdon; and breaking down his Lordship's Fences, and ploughing up the Ditches there made to fence-in his Grounds, and keeping his Servants out of Possession of his House built thereon; where, they having humbly begged the Pardon of this House, and of his Lordship, for their said Offence; and having promised and engaged, within One Month's Time after the Date hereof, to repair and put the said Fences and Ditches into the same Condition as they were in at the Time of their flinging and ploughing them down:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edmund Mewtas, Henry Smith, John Lambert, and John Thorpe, be, and are hereby, discharged from their present Restraint for their said Offences, paying their Fees: And this shall be a sufficient Warrant on that Behalf.

To Sir Edward Carteret, Gentleman Usher of the Black Rod, his Deputy and Deputies, and every of them.

Weld discharged.

Whereas Humphrey Weld Esquire was this Day brought to the Bar, by the Serjeant at Arms attending this House, for not obeying the Orders given for preventing the Back Avenues to the Chapel of the Spanish Ambassador, and frustrating the Intent thereof:

Upon hearing what the said Humphrey Weld had to say concerning that Matter; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Humphrey Weld be, and is hereby, discharged from any further Restraint for the Cause aforesaid, paying his Fees; and this shall be a sufficient Warrant on that Behalf.

To Sir Edward Carterett Knight, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.

Wolfe exempted from the Penalties of Popish Recusants.

Whereas there is a Bill depending in Parliament, intituled, "An Act for the better Discovery, and more speedy Conviction, of Popish Recusants;" wherein Provision is made, "That Mr. Francis Wolfe, of Madely, with other Persons therein named, who, although Papists, were yet very instrumental in the Preservation of His Majesty's Sacred Person, after the Battle at Worcester; and have thereby merited, as a Reward of their Loyalty, to be distinguished from others of their Religion:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Francis Wolfe and his Wife be, and are hereby, protected from Imprisonment and Consinement of his Person, or any other Penalties to be inflicted on Popish Recusants, for refusing any Oaths (excepting the Oath of Allegiance), or not repairing to Church to hear Divine Service, or receiving the Sacrament according to the Usage of the Church of England, during the Depending of the said Bill in Parliament.

Address to His Majesty, concerning Ireland.

Upon serious Consideration had by the Lords Spiritual and Temporal in Parliament assembled, of the present State of Ireland, in this Time of imminent Danger; and of the Securing of the Protestant Religion there:

It is ORDERED, by their Lordships, That the Lord Privy Seal, Earl of Strafford, Earl of Essex, Earl of Burlington, the Lord Robertes, the Lord Herbert of Cherbury, and the Lord Butler of Moore Park, do attend His Majesty, humbly to desire Him, from this House, That His Majesty will be pleased to give Order to the Lord Lieutenant of Ireland, to put all the Laws in Execution strictly and vigorously (that are now in Force), for the disarming of all Papists there; and that the Lord Lieutenant take the best Care he can, to arm all the Protestants there, for the Defence of their Religion, and the Government of that Kingdom; and that His Majesty will be pleased to give Order that a sufficient Quantity of Arms and Gunpowder may be sent over to such Places in Ireland as His Majesty shall direct, to be disposed as the Lord Lieutenant shall think fit; which are to be sold to the Protestants, and at such Rates as that His Majesty may be reimbursed His Charges; and also that His Majesty will be pleased to give Order to the Lord Lieutenant of Ireland, for the inquiring after and prosecuting such Bonds by Suit as have been entered into in Ireland, for the Education of Children in the Protestant Religion, and are forfeited by the said Children's being educated Papists; and that the Forfeitures may, by His Majesty's Order, be disposed in such Manner, to charitable Uses, as that they be effectually recovered; and that His Majesty will be pleased to give Order, that an Account may be transmitted hither of the Names of the Guardians, and of the Security entered into for the Education of Children in Ireland in the Protestant Religion, with the Names of the said Children, expressing respectively which have been educated Protestants, and which Papists; and also that His Majesty will be pleased to give Order to the Lord Lieutenant of Ireland, to put the Laws there in Execution, to the utmost Extent, against all Jesuits, and such other Popish Priests as exercise Ecclesiastical Jurisdiction after the Romish Manner in Ireland; and that, upon the account of the late horrid Conspiracy, and the present Prospect of Affairs, and that several Things are under Consideration for preventing the Dangers that may thereby arise, and for the Preservation of His Majesty's Person, Kingdoms, and Dominions; that His Majesty will be pleased to give Order to the Lord Lieutenant of Ireland, in the mean Time, to secure such Persons, being Papists, in Ireland, as his Lordship and the Council shall judge to be dangerous to the Government there."

Barret versus St. Leger.

Upon the Petition of John Barret Esquire, being an Appeal from a Decree, made in the Court of Chancery in Ireland, on the Behalf of John St. Leger, concerning Lands in Ireland, late the Estate of Sir William Barret:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John St. Leger be, and is hereby, required to put in an Answer in Writing to the said Appeal (whereof he may have a Copy) on Saturday the 26th Day of this Instant April, at Ten of the Clock in the Forenoon; whereof the said John Barret is to cause timely Notice to be given to the said John St. Leger, for that Purpose.

Report concerning paving Streets, &c.

The Lord Viscount Fauconberg reported, from the Lords Committees for considering the Inconveniencies which arise for Want of paving and repairing the Streets, That the King may be moved, from this House, That, for the immediate Repair of such Places and Ways as are to be paved at His Majesty's Charge, His Majesty will be pleased to give Order, That the Commissioners of the Treasury may issue such a Sum as may forthwith put the said Places into good Repair; and that there may be a certain Fund for the future, that they may be continued so: And further, that the Lords Committees, finding that the Act of 13 and 14° Car. 2di, for the paving the Streets, is expiring, in which several Defects are found; their Lordships are of Opinion, That a new Act for repairing the Streets may be prepared, to be offered to the House."

Which Report the House Agreed to.

Address to the King thereupon.

"Upon Report made from the Lords Committees for considering of the Inconveniencies which arise for Want of paving and repairing the Streets, and what Course is fit to be taken for the more effectual Remedy thereof: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Bridgewater, and the Lord Viscount Fauconberg, do humbly move His Majesty, from this House, That, for the immediate Repair of such Places and Ways as are to be paved at His Majesty's Charge, His Majesty will be pleased to give Order, That the Commissioners of His Treasury may issue such a Sum of Money as may forthwith put the said Places and Ways into good Repair; and that there may be a certain Fund for the future, that they may be continued so."

Liberty of the Subject, Habeas Corpus Bill.

The House was adjourned into a Committee, to consider of the Bill for the better securing the Liberty of the Subject.

The House being resumed;

The Lord Robertes reported, "That the Opinion of the Committee of the House is, That the further Consideration of this Bill be put off till the next Day of sitting after Easter-day:

"That, in the mean Time, a Committee may be appointed, to consider of the whole Coherence of the said Bill, so as it may be put into a fit Method to be offered to the Committee of the whole House the next Sitting."

To which Purpose, the House named the Committee following:

L. Chancellor.
L. Privy Seal.
Marq. Winton.
E. Huntingdon.
E. Bridgewater.
E. North'ton.
E. Clare.
E. Berks.
E. Winchilsea.
E. Strafford.
E. Essex.
E. Burlington.
E. Shaftesbury.
Vicecomes Fauconberg.
Vicecomes Halyfax.
Arch. Cant.
Epus. London.
Epus. Carlile.
Epus. Rochester.
Epus. Ely.
Epus. Bath & Wells.
Epus. Lyncolne.
Epus. Exon.
L. Berkeley.
L. Wharton.
L. North.
L. Grey W.
L. Robertes.
L. Herbert Cherb.

The Judges, and Mr. Attorney General, to assist their Lordships.

Their Lordships, or any Five; to meet on Monday next, at Three of the Clock in the Afternoon, in the Prince's Lodgings; and to adjourn as they please.

Trial of Peers, Bill.

Hodie 1a vice lecta est Billa, "An Act for the better regulating of the Trial of the Peers of England."

The Question was proposed, "Whether this House shall be adjourned till Wednesday next, or not?"

Then this previous Question was put, "Whether this Question shall be put?"

It was Resolved in the Negative.

ORDERED, That this House be adjourned to Monday next.

E. Danby, to answer to his Impeachment.

Whereas Thomas Earl of Danby was Yesterday appointed to put in his Answer, in Writing, to the Articles of Impeachment wherewith he stands charged by the House of Commons, on the First Day of the Sitting of the Parliament next after Easter-day:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Earl of Danby is hereby appointed to put in his said Answer, in Writing, on Wednesday the Twenty-third Day of this Instant April, at Ten of the Clock in the Forenoon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 21um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.