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 Jovis, 8 die Maii.
E. of Plymouth introduced.
Lords take the Oaths.
After this, Charles Fitz Charles Earl of Plymouth, and Oliver Earl of Bolingbrooke, 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.
This Day, Anthony Earl of Shaftesbury Lord President of His Majesty's Privy Council, Arthur Earl of Anglesey Lord Privy Seal, and George Viscount Halyfax, took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration against Transubstantiation, pursuant to the Act made in the 25th Year of His now Majesty's Reign, for preventing the Dangers which may happen from Popish Recusants: Their Witnesses, being first sworn at the Bar, did prove the Truth of their Certificates, concerning their Lordships receiving the Sacrament of the LORD'S Supper.
E. Danby to be heard by Counsel.
Upon reading the Petition of Thomas Earl of Danby; praying, "That the Order of this House, of the Sixth Instant, made in his Case, which he suggesteth to be defective, as to the Assistance of his Counsel in Defence of his Plea, may be explained:"
Witnesses for Five impeached Lords, to attend.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Bryan Broughton, Sir Thomas, Whitgrave, Mr. Thomas Kennersley, Mr. Ralph Lawson, Mr. Thomas Abnell, Mr. William Pawlet, Nathaniell Caulkin, Elizabeth Eld, Ann Eld, Thomas Perry, James Jones, Mr. Ralph Phillips Parson of Tixall, Mr. Sambeech, Mr. Thomas Astely, Mr. Goodard Servant to the Bishop of Litchfeild and Coventry, Thomas Sayer, Mr. Richard Gerrard of Hillerson, John Proctor, Thomas Hollowes, John Pallet of Ridgley, Walter Collins of Stafford, Thomas Parker, Thomas Winter, John Menter, Anthony Landracy, William Parker, Anthony Cooke, James Baylie, John Joseph, Peter Carpenter, William Bradford, Elizabeth Silleyer, Edward Wood, John Minney, Thomas Andrewes, be, and are hereby, required to appear before the House of Peers, in Westminster Hall, to give Evidence of what they know, or can say, on the Behalf of William Earl of Powis, William Viscount Stafford, William Lord Petre, Henry Lord Arundell of Wardour, and John Lord Bellasis, or any of them, in their making their Defences upon their respective Trials, on Tuesday next, being the Thirteenth Day of this Instant May, and such Times after as the said Trials shall continue.
Harcourt, a Jesuit, to be brought to the Bar.
Hodie 3a 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 Daughters and Younger Children."
Message to H. C. with it.
Message from thence, to sit.
Liberty of the Subject, Habeas Corpus Bill.
The House took into Consideration the Amendments in the Bill for the better securing the Liberty of the Subject; and as to the Amendment in the 4th Skin and 3d Line, after ["committed"], add ["or in such other Court where the said Offence is properly cognizable]."
Wallis versus Whistler, in Error.
Upon reading the Petition of Thomas Wallis; shewing, That he having obtained a Judgement in the Court of King's Bench against Philip Whistler (which Judgement is affirmed in the Court of Exchequer,) the said Philip Whistler hath (for Delay) brought the said Judgement into this Court, on the 26th of April last, by Writ of Error; but hath not assigned Errors thereon, according to the Rule of this Court; and therefore praying, That the said Judgement may be affirmed:"
It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That if the said Philip Whistler shall not assign his Errors upon the said Writ of Errors, peremptorily, by Monday next, being the 12th Instant, at Ten of the Clock in the Forenoon, this Court will affirm the said Judgement, and remit the Transcript thereof, to the said Writ of Error annexed, into the Court of King's Bench; whereof the Petitioner is to cause timely Notice to be given to the said Philip Whistler for that Purpose.
Epus. Bath & Wells.
Epus. St. David's.
Ds. Præses Concilii Domini Regis.
Ds. Custos Privati Sigilli.
Ds. Grey d' Wark.
Ds. Howard Esc.
Ds. Herbert de Cherb.
Ds. Gerard Brand.
Ds. Arundell (fn. 1) M. P.
Message from H. C. for a Conference about the impeached Lords; and to remind the Lords of the Habeas Corpus Bill.
L. Privy Seal.
D. of Newcastle.
E. of Huntingdon.
E. of Clarendon.
E. of Essex.
|Bp. of Rochester.||
L. Howard Esc.
Report of the Conference.
"That the Commons suppose your Lordships do intend, in all the Proceedings upon the Impeachments now depending before your Lordships, to follow the usual Course and Methods of Parliament. And the Commons cannot apprehend what should induce your Lordships to address to His Majesty for a Lord High Steward, in order to the determining the Validity of the Pardon which hath been pleaded by the Earl of Danby to the Impeachment of the Commons, as also for the Trial of the other Five Lords; because the Commons conceive the Constitution of a High Steward is not necessary; but that Judgement may be given in Parliament, upon Impeachment, without a High Steward.
H. C. desire a Committee of both Houses may meet, to settle Matters relative to the Trial of the impeached Lords.
"There being several other Matters contained in your Lordships Messages, touching the Trial of the Lords Impeachments, which, if not settled, may occasion several Interruptions and Delays in the Proceedings; the House of Commons do therefore propose to your Lordships, that a Committee of both Houses be nominated, to consider of the most proper Ways and Methods of Proceedings upon Impeachments of the House of Commons, according to the Usage of Parliament, that thereby those Inconveniencies may be avoided."
Protest against refusing it.
Clare. Essex. Clarendon.
Newport. Strafforde. Salisbury.
Message to H. C. for a Conference on the Supply Bill.
Report of the Conference.
The Lord President reported the Effect of the last Conference; which was, "That the Commons agree to the Amendments made by their Lordships in the Names; but they do not agree in the Clause concerning Landlords and Tenants, because they conceive it is provided for already in another Act.
Message to H. C. that the Lords agree to the Supply Bill.
That the Lords, in regard of the Necessity of the speedy passing the Bill for granting a Supply to His Majesty, for paying off the Army, have departed from their Amendments, and agreed with the House of Commons.
Harcourt, a Jesuit, examined:
William Harcourt was brought to this Bar; and Mr. Oates did charge the said William Harcourt, "That he was a Jesuit, and was made Rector of London; and that he was at the Consultation in London, about April was Twelvemonth, about the Conspiracy against the Person of His Majesty and His Government."
Committed to Newgate.
"Whereas William Harrison, alias Harcourt, was this Day brought to the Bar, and was there charged with High Treason: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House do take special Care forthwith to convey the said William Harrison, alias Harcourt, in Safety, to Newgate, there to remain a Prisoner till he shall be discharged by due Course of Law; and for so doing, this shall be a sufficient Warrant.
Address to the King, to pass the Supply Bill.
ORDERED, That the Lords with White Staves do let His Majesty know, "That both Houses of Parliament have agreed to the Bill for raising Money, to pay off and disband the Forces raised since the 29th of September, 1677; and humbly to desire His Majesty, That He will be pleased to give His Royal Assent to the said Bill To-morrow Morning."
The Lord Maynard reported, "That the Lords with White Staves have attended His Majesty, with the Desire of this House, concerning His Majesty's giving His Royal Assent to the Bill for raising Money, to pay off and disband the Forces raised since the 29th of September, 1677: And His Majesty returns this Answer, That He will come To-morrow Morning, and give His Royal Assent to that Bill."