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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DIE Martis, 6 die Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
The Lord President reported, "That the Committee for the Bill concerning the settling Sir Francis Drake's Estate have met, and heard all Parties concerned, and perused the Deeds of Settlement; and the Opinion of the Committee is, That this Bill is fit to pass, with some Amendments, which are offered to the Consideration of the House."
The Amendments were read Twice, and Agreed to; and the Bill is ordered to be engrossed, with these Amendments.
(fn. 1) The Committee for taking Care for mending the Highways, and paving the Streets about Westm. do meet To-morrow Morning, at 9 of the Clock; and to adjourn from Time to Time, that the Committee may not be Sine Die.
Bishops voting in Cases of Blood.
The House entered into Consideration, "Whether the Lords Spiritual are to vote in Judicature in Cases of Blood, or upon Bills of Attainder?"
After some Debate;
It is ORDERED, That this Debate be resumed Tomorrow Morning.
Message from H. C. for the Five impeached Lords to be brought to their Trial.
A Message was brought from the House of Commons, by Mr. Treby and others:
That the Knights, Citizens, and Burgesses, in Parliament assembled, having exhibited to this House Articles of Impeachment, of High Treason and other high Crimes and Offences, against William Earl of Powys, William Viscount Stafford, William Lord Petre, Henry Lord Arundell of Wardour, and John Lord Bellasis; to which the said Lords have severally pleaded not guilty: He said, "He was commanded, by the said Knights, Citizens and Burgesses, to acquaint their Lordships, that they will and are ready to make good the said Articles and Charge against those Lords."
After Debate of this Message:
This Question was proposed, "Whether the Five Lords in The Tower, videlicet, William Earl of Powis, William Viscount Stafford, William Lord Petre, Henry Lord Arundell of Wardour, and John Lord Bellasis, shall be brought to their Trials (upon the Impeachment against them) this Day Sevennight?"
This previous Question was put, "Whether this Question shall be now put?"
It was Resolved in the Affirmative.
Then the main Question was put; (videlicet,)
Day of Trial fixed.
"Whether the Five Lords in The Tower, (videlicet) William Earl of Powis, William Viscount Stafford, William Lord Petre, Henry Lord Arundell of Wardour, and John Lord Bellasis, shall be brought to their Trials (upon the Impeachment against them) this Day Sevennight?"
It was Resolved in the Affirmative.
E. of Danby to make good his Plea.
Whereas the Earl of Danby hath adhered to his Plea of his Pardon, and prayed to be heard, by his Counsel, to make good the Validity of his Pardon; and whereas the Commons have, by their Speaker in proper Person, demanded Judgement against the said Earl, as conceiving his Pardon to be illegal and void:
(fn. 1) Vide this Order, rectified, the 8th Day of May, 1679.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Saturday next is appointed, for hearing of the Earl of Danby to make good his said Plea.
Westminster Hall to be the Place of Trial.
ORDERED, That Westminster Hall is appointed to be the Place for hearing the Earl of Danby to make good his Plea of his Pardon before this House, with a Lord High Steward, and also for Trial of the Five Lords impeached in like Manner.
Address for a High Steward.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend His Majesty, to let Him know, from this House, "That they have appointed to hear the Earl of Danby to make good his Plea of his Pardon to the Articles of Impeachment against him, on Saturday next, in Westminster Hall; and that the Earl of Powis, Viscount Stafford, Lord Petre, Lord Arundell of Wardour, and the Lord Bellasis, are to be brought to their Trials in Westminster Hall, upon the Impeachments against them, on Tuesday next; and humbly to desire His Majesty, That He will be pleased to appoint a High Steward, for the Purposes aforesaid, to continue during the said Trials."
Message to H. C. to acquaint them with these Matters.
A Message was sent to the House of Commons, by Judge Atkins and Judge Dalben:
To acquaint them with the Two Orders made concerning the Earl of Danby and the Five Lords in The Tower; and to let them know, that the Lords have appointed an Address to be presented to His Majesty, for naming a Lord High Steward, as well in the Case of the Earl of Danby, as for the Trials of the other Five Lords Prisoners in The Tower; and that the same shall be in Westminster Hall.
State of Ireland to be considered.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, recommended to the Lords of His Majesty's Privy Council, to take into Consideration the present Condition of the Kingdom of Ireland, in this Time of imminent Danger; and to give Order that Protestant Merchants may be permitted and licensed to carry Arms as Merchandize into the Kingdom of Ireland, for the Use only of the Protestants there, who are unfurnished.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 7um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.