House of Lords Journal Volume 13: 26 November 1680

DIE Veneris, 26 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

This Day the Lord President supplied the Place of the Lord Chancellor.

L. Holles takes his Seat.

This Day Francis Lord Holles 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 Francis Lord Holles sat first in Parliament as a Peer, upon the Decease of Denzell Lord Holles, his Father.

L. Stafford, Report concerning the Method of his Trial.

The Lord Privy Seal reported from the Committee for Privileges, "That their Lordships have considered the Proceedings at the Trial of the Earl of Pembrooke, the 22th of March 1677; as also those of the 22th of May 1679, concerning the Trials of the Five Lords now Prisoners in The Tower; as likewise that of the same May, concerning the Peers Eldest Sons. And their Lordships are of Opinion, That a Copy be made of the said Proceedings (mutatis mutandis); and that it be delivered to the Lord High Steward, at the Trial of the Lord Viscount Stafford; and that so much thereof as followeth be sent to the House of Commons; (videlicet,)

"That the Lord Viscount Stafford, who is to be brought to his Trial in Westm. Hall, shall have Warrants for such Witnesses as will not come without (Affidavit being first made thereof), excepting such as are Members of the House of Commons, and such Persons as stand charged with the same Treason as the said Lord is charged with; and that such Witnesses as his Lordship shall produce for his Defence, shall not be examined upon Oath in his Case, but may be examined upon Oath if the Members of the House of Commons do desire it, on their Behalf; and if his Lordship do re-examine the said Witness, it is to be upon the same Oath.

"That the Lieutenant of The Tower is to return the Warrant of this House.

"That the said Lord, being brought to the Bar by the Lieutenant of The Tower, is to kneel, until the Lord High Steward command him to arise; and then he is to let him know, that he is this Day to answer to the Accusation of High Treason, wherewith he stands charged, in the Name of the Commons now assembled in Parliament, and in the Name of all the Commons of Engl'd; and that this Day he is to receive his Trial.

"That the whole Impeachment against him is to be read; and then his Answer: Which being done, the Lord High Steward is to tell the Commons, "That now they may go on with their Evidence."

"Then the Lord High Steward is to declare, "That now the Court is proceeding to hear the Evidence; and desire the Peers to give Attention."

"If the said Lord Viscount Stafford shall demand Counsel; the Lord High Steward is to let him know, "That, during the Time that the Members of the Commons do manage their Evidence in Matter of Fact, his Lordship is to use no Counsel."

"If any of the Peers, the Members of the House of Commons that manage the Evidence, or the Prisoner, do desire to have any Question asked; they must desire the Lord High Steward to ask the Question.

"If any Doubt doth arise at the Trial, no Debate is to be in the Court; but the Question suspended, to be debated in this House.

"The Members of the Commons to be set first, before the Peers come.

"None to be covered at the Trial, but the Peers.

"That a private Place be made, to put Offenders safely in.

"That the Place between the Prisoner and the Woolsack be clear.

"That such Peers, at the Trial of the said Lord, who, at the Instance of the Commons, shall be admitted Witnesses, are to be sworn at the Clerk's Table; and the Lord High Steward to administer the Oath, and to deliver their Evidence in their own Places.

"Those Witnesses that are Commoners are to be sworn at the Bar by the Clerk; and are to deliver their Evidence there.

"The Oath, which is to be given to the Witnesses, is this:

"The Evidence which you shall give in the Trial, concerning the Lord Viscount Stafford, Prisoner at the Bar, shall be the Truth, the whole Truth, and nothing but the Truth: So help you God, and the Contents of this Book.

"The said Lord Viscount of Stafford may cross examine Witnesses, viva Voce, at the Bar.

"That Notice be given to the Lord Mayor, Aldermen, and Sheriffs, of the City of London, and likewise to the Deputy Lieutenants and Justices of Midd. and the Justices of Peace of the City of Westm. to take Care for the safe Guarding of the Gates and Places, thereby to prevent the Concourse of People resorting to Westm. during the Time of the Trial of the said Lord."

The Lord Privy Seal further reported, "That their Lordships are likewise of Opinion, that the Lord Great Chamberlain be ordered to take Care, that the Places behind the Lords be kept for Peeresses and their Daughters; and that His Majesty's Surveyor General be required to view the Court and Scaffolds in Westm. Hall, and see that they be strong and firm."

The House agreed to this Report.

To be communicated to H. C.

ORDERED, That the Rules and Directions to be observed at the Trial of the Lord Viscount Stafford be communicated to the House of Commons.

Surveyor General to view the Scaffolds.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Surveyor General be, and is hereby, required to view the Court and Scaffolds prepared in Westminster Hall, for the Trial of the Lord Viscount Stafford, and see that they be strong and firm; and give this House an Account thereof on Monday next, at Nine of the Clock.

Peeresses, &c. Seats at the Trial.

ORDERED, That the Lord Great Chamberlain, or his Deputy, be, and is hereby, desired to take Care that the Places in Westminster Hall, behind the Lords, be kept for Peeresses and their Daughters, at the Trial of the Lord Viscount Stafford.

Message to H. C. about L. Stafford's Trial.

A Message was sent to the House of Commons, by Sir Tymothy Baldwin Knight, and the Clerk of the Parliaments:

To acquaint them, that the Lords, taking into their Care the ordering of the Trial of the Lord Viscount Stafford, on Tuesday next, in Westminster, have prepared some Notes and Rules, to be observed at the said Trial; which the Lords have thought fit to communicate to them.

The Messengers gave this Account:

Answer.

That they have delivered their Message to the House of Commons.

Message from H. C. for a joint Committee about the Trial.

A Message was brought from the House of Commons, by Mr. Treby and others; desiring their Lordships to appoint a Committee, to join with a Committee of the House of Commons, for the adjusting the Methods and Circumstances in the Trials of the Lords in The Tower.

The Answer returned was:

Answer.

That this House will take their Message into Consideration, and will return an Answer by Messengers of their own.

Fines on Delinquents.

ORDERED, That these Words ["to take Care to prevent Libels"] be added to the Power of the Committee for Fines.

King's Answer about a Fast.

The Lord President acquainted the House, "That the Address of both Houses to His Majesty for a Fast was presented Yesterday; and His Majesty gave this Answer, That He would appoint a Day."

Mellor and Griesly versus Willimot.

Upon hearing Counsel this Day at the Bar, upon the Appeal of Henry Mellor, of Darby, and George Griesly, of Lullington, in the County of Darby, from a Decree made in the Court of Chancery, on the Sixth Day of February, 25° Car'l. Secundi, concerning the Settlement of the Lands of Robert Willimot Esquire, in Chaddesden, Morley, Breadsall, and Spoondon, in the said County, and from the Dismission of their Bill of Review concerning the same, and other Matters in the said Appeal suggested; as also upon the Answers of Edward Willimot, and the Children of Thomas and Dorothy Robey, by their Guardians, put in thereunto:

After due Consideration had of what was offered on either Side thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of the Court of Chancery, and Dismission of the said Appellant's Bill of Review, be, and are hereby, confirmed; and their said Appeal dismissed this House.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Eliab Harvey and others; who brought up a Bill, intituled, "An Act for the Repeal of a Statute made in the Thirty-fifth Year of the Reign of Queen Elizabeth;" to which they desire their Lordships Concurrence.

Stat. 35 Eliz. for Repeal of, Bill.

Hodie 1^a vice lecta est Billa, "An Act for the Repeal of a Statute made in the 35th Year of the Reign of Queen Elizabeth."

ORDERED, That this Bill be read the Second Time To-morrow Morning.

Williams versus Herbert.

Upon reading the Petition of Roger Williams Esquire, and Roger Williams Gent. being an Appeal from a Dismission of their Bill exhibited in the Court of Chancery, against Thomas Herbert Esquire, William Morgan, and others, concerning the Purchase of the Reversion of certain Messuages and Land in the Parish of Landbaducke, in the County of Monmouth, and other Matters in the said Appeal suggested; and praying, That the said Thomas Herbert and William Morgan may appear, and answer thereunto:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Herbert and William Morgan be, and they are hereby, required to put in their Answer, or several Answers, to the said Appeal, in Writing, on or before Friday the Tenth of December next, at Ten of the Clock in the Forenoon; whereof the said Roger Williams Senior, and Roger Williams Junior, or One of them, are to cause timely Notice to be given to the said Thomas Herbert, and William Morgan, for that Purpose.

Sir Oliver Boteler versus Regem, &c.

Whereas it was this Day made appear, at the Bar, that Sir Oliver Boteler hath given Notice to the City of Rochester, and to His Majesty's Attorney General, that this House would hear Counsel, to argue the Errors upon his Writ of Error, whereby a Judgement of the Court of Chancery, for vacating His Majesty's Letters Patents concerning a Market and Fair at Chatham in Kent, is brought into this House:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued, by Counsel, at the Bar, on both Parts, on Monday the Sixth Day of December next, at Nine of the Clock in the Forenoon; whereof the said Sir Oliver Boteler is to cause timely Notice to be given to His Majesty's Attorney General, and the City of Rochester, for that Purpose.

Darcy versus Darcy.

Upon reading the Petition of Sir William Darcy Knight; shewing, "That, by Order of this House, of the 5th of July, 1678, James Darcy, Son and Heir of Christopher Darcy, Executor of James Darcy Esquire, as also the said Christopher Darcy, were appointed to put in their Answers to the Appeal of the said Sir William Darcy, depending in this House, which, by Reason of the several Prorogations of Parliament, they have not hitherto done; and praying that they may now answer thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Darcy and Christopher Darcy be, and they are hereby, required to put in their Answer, or several Answers, in Writing, to the said Appeal on or before Monday the Sixth Day of December next, at Ten of the Clock in the Forenoon; whereof the said Sir William Darcy is to cause timely Notice to be given to the said James Darcy and Christopher Darcy, for that Purpose.

Chute versus Lady Dacre.

Upon hearing Counsel this Day at the Bar, in Pursuance of an Order of this House, of the Nineteenth Instant, on the Appeal of Challoner Chute Esquire, against Dorothy Lady Dacre, and others, upon the Points of the Nine Hundred Pounds Legacy, of Assets, of felling Timber, and of Maintenance for the Younger Children:

After due Consideration had of what was offered on either Side thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Clause in the Decree from which the said Challoner Chute doth appeal to this House, which concerns the Maintenance of Younger Children, be, and is hereby, reversed; and also that the said Lady Dacres, and her Agents, shall make fair and full Accompt, in the Court of Chancery, for the Value and Profits of all such Timber and Wood as she or they have sold or disposed of, which grew on the Estate in Question: And further, That the Value of the Legacy decreed to the said Lady be applied towards the Payment of the Debt of Five Thousand Pounds, owing to her at the Time that she had the said Legacy; and that what Interest the said Lady Dacres hath received for the Forbearance of the said Debt, or any Part thereof, shall be computed and taken to be as Part of the Principal Money of the said Debt; and that, until the Debts shall be fully satisfied, the said Lady Dacres shall not have any Advantage of the Legacy by her received, and not to have Interest for the same, but from the Time it comes to be due, if it be not then paid; and that the Court of Chancery do direct the Accompt to be settled according to the Directions aforesaid.

Adjourn.

Dominus Præses Concilii declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 27^um diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.

Hitherto examined, this 8th Day of December, 1680, by us,

J. Bridgewater.
Clarendon.North & Grey.
P. Bath & Wells.
Tho. Exon. Herbert.