House of Lords Journal Volume 13: 29 April 1679

Pages 545-546

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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Page 545
Page 546

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DIE Martis, 29 die Aprilis.


Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Rochester.
Epus. Ely.
Epus. Gloucester.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Lyncolne.
Epus. Worcester.
Epus. Exon.
Epus. St. David's.
Epus. Bristol.
Ds. Cancellarius.
Ds. Præses Concilii Domini Regis.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Dux Newcastle.
Marq. Winton.
Marq. Worcester.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Suffolk.
Comes Salisbury.
Comes Bridgewater.
Comes Leycester.
Comes North'ton.
Comes Denbigh.
Comes Clare.
Comes Westm'land.
Comes Manchester.
Comes Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Stanford.
Comes Carnarvon.
Comes Chesterfeild.
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 Gu'lford.
Comes Sussex.
Comes Feversham.
Vicecomes Conway.
Vicecomes Campden.
Vicecomes Fau'onbergh.
Vicecomes Halyfax.
Vicecomes Newport.
Ds. Mowbray.
Ds. Berkeley.
Ds. Morley.
Ds. Ferrers.
Ds. De Grey.
Ds. Sandys.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North.
Ds. Chandos.
Ds. Norreys.
Ds. Lovelace.
Ds. Paulet.
Ds. Maynard.
Ds. Herbert de Cherb.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Wotton.
Ds. Delamer.
Ds. Frescheville.
Ds. Arundell de T.
Ds. Butler de M. P.


Message from H. C. with the Answers of the Five impeached Lords.

A Message was brought from the House of Commons, by Sir John Trevor and other:

To return the original Pleas of the Earl of Powis, Viscount Stafford, Lord Petre, Lord Arundell of Wardour, and Lord Belasyse.

Drake's Bill.

Hodie 1a vice lecta est Billa, "An Act to confirm certain Leases made by John Drake and others, and to enable Sir Francis Drake to make a Jointure, and raise Portions for his Daughter and Younger Children."

E. of Danby at the Bar:

This Day Thomas Earl of Danby was brought to the Bar.

And, having kneeled, the Lord Chancellor, by Direction of this House, told him, "That the Lords have received a Message from the House of Commons, to desire their Lordships to send for him, to know, whether he will rely upon, and abide by, the Plea of his Pardon?"

To which the Earl of Danby said, "This Question was new to him, and of very great Importance; and did not know what Answer to give at present: Therefore desired some Time to advise on it."

And being demanded, "What Time?"

He desired "Till this Day Sevennight."

Then, the Earl of Danby being withdrawn, the House ORDERED, That he should have till Saturday next.

To declare whether he will abide by his Answer put in.

Upon which, his Lordship being called in again, the Lord Chancellor told him, "That in regard he says, This Matter was new unto him, and of great Importance, the Lords have given him till Saturday, to advise therein; and then to give in his Answer."

Bill to clear London and Westm. of Papists.

The House was put into a Committee, to consider of the several Amendments in the Bill for clearing the City of London and the Parts adjacent from Papists.

The House was resumed.

And the Earl of Bridgwater reported, "That the Committee of the House have been in Consideration of the Amendments in the Bill for clearing the City of London from Papists; and the chief Point now in Question was, whether the Oaths of Allegiance and Supremacy shall be inserted in the several Places of the Bill where the Declaration is mentioned; which is resolved to be inserted."

To which the House agreed; and ordered the Bill to be engrossed accordingly.

ORDERED, That the Lord Sandys is added to the Committee for Privileges.

Five impeached Lords complain of their Witnesses being imprisoned:

Upon reading the Petition of William Earl of Powis, William Viscount of Stafford, William Lord Petre, Henry Lord Arundell of Wardour, and John Lord Belasyse; shewing, "That, in order to their Defence upon their Trials, they have sent for, from beyond the Seas, Christopher Towneley, Henry Hall, and Daniell Gifford, being very material Witnesses; which Witnesses are imprisoned upon Suspicion of being Priests, as in the Petition is alledged; and praying, that they may be discharged from their Imprisonment:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Warrants by which the said Christopher Townley, Henry Hall, and Daniell Gifford, were committed to Prison, shall be brought before this House To-morrow, at Ten of the Clock in the Forenoon.

To give in the Names of such of their Witnesses as are beyond Sea.

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That neither the Earl of Powis, Viscount Stafford, Lord Petre, Lord Arundell of Wardour, and Lord Belasyse, being Prisoners in The Tower, nor any of them, shall send for any Person or Persons from beyond the Seas, to be used as Witnesses upon their respective Trials, unless they shall first give in the Name or Names of such Person or Persons, to be allowed of by this House.

Countess of Portland, Privilege: Recusancy.

Upon reading the Petition of Frances Countess of Portland; praying, "That this House would be pleased to intercede to His Majesty, for perfecting His Royal Pardon granted to her, for her being convicted of Recusancy in the Year 1674; which Conviction a Steward of hers hath taken Advantage of, to her Prejudice, upon a Trial for a considerable Sum of Money of her's detained by him:"

King to be moved, to perfect her Pardon.

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Privy Seal, and Viscount Fauconberg do attend His Majesty, humbly to move Him, from this House, "That His Majesty will be graciously pleased to give Order for the perfecting of His said Royal Pardon granted to her, which, by reason of the late Change made in the Management of His Majesty's Treasury, now stoppeth for Want of a Doquet to be issued by the Commissioners of the said Treasury, without which the said Pardon cannot regularly be perfected."

Indictments against the Five impeached Lords brought in.

This Day the several Indictments, whereby William Earl of Powis, William Viscount Stafford, William Lord Petre, Henry Lord Arundell of Wardour, and John Lord Belasyse, are found guilty of High Treason, by the Grand Jury, before the Justices for the County of Midd. sitting at Westm. on the Third Day of December, 1678, were brought into this House, by virtue of His Majesty's Writs of Certiorari for that Purpose issued.

Caryll, Leave to stay in Town.

Upon reading the Petition of John Caryll the Elder, of Harting, in the County of Sussex, Esquire; shewing, "That having obtained His Majesty's License to pass beyond the Seas, which he intending to pursue, was by a Fit of Sickness hindered from performing, and had thereupon License from His Majesty in Council to stay in Town for a Month, for the Recovery of his Health; which Time is expired; and yet he remains so weak, as that he cannot with Safety be removed, as appears by the Certificate of his Physician:"

Upon Consideration thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Caryll, with his Servants Arthur Philips, Robert Randall, Susan Luckin, and Mary Mills, be, and are hereby, authorized and permitted to stay in and about the Cities of London and Westm. and the Liberties thereof, for the Space of One Month from the Date of this Order, for the Recovery of his Health; but no longer.


Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 30um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.