House of Lords Journal Volume 13
9 May 1679

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 13: 9 May 1679', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 560-563. URL: http://www.british-history.ac.uk/report.aspx?compid=11691 Date accessed: 31 October 2014.


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DIE Veneris, 9 die Maii.

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 Monmouth.
Dux Newcastle.
Marq. Worcester.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Salisbury.
Comes Bridgwater.
Comes Leycester.
Comes North'ton.
Comes Denbigh.
Comes Clare.
Comes Bolingbrooke.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Petriburgh.
Comes Stanford.
Comes Carnarvon.
Comes Chesterfeild.
Comes Thannet.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes St. Alban.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Guilford.
Comes Plymouth.
Vicecomes Say & Seale.
Vicecomes Conway.
Vicecomes Fauconberg.
Vicecomes Halyfax.
Vicecomes Newport.
Ds. Mowbray.
Ds. Berkeley.
Ds. Ferrers.
Ds. De Grey.
Ds. Windsor.
Ds. Cromwell.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby de Parham.
Ds. Paget.
Ds. North & Grey.
Ds. Chandos.
Ds. Norreys.
Ds. Grey de Wark.
Ds. Maynard.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Herbert de Cherb.
Ds. Leigh.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Astley.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Wotton.
Ds. Delamer.
Ds. Frescheville.
Ds. Arundell T.
Ds. Butler M. P.
Ds. Manners.

PRAYERS.

Lord Willoughby de Parham takes his Seat;

This Day Charles Willoughby de Parham, Chevalier, sat first in Parliament as a Peer.

His Writ of Summons to Parliament bears Date the 19th Day of April, A° 31° Domini nostri Regis Car'l. 2di.

and the Oaths.

Charles Lord Willoughby de Parham 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.

Message from H.C. with a Bill; and that they agree to Drake's.

A Message was brought from the House of Commons, by Sir John Huly, &c.

1. To return the Bill for settling the Estate of Sir Francis Drake; to which the House of Commons agree, without any Amendments.

2. To present their Lordships with a Bill, intituled, An Act for Sale of the Lands late of Charles Dale, of the County of Rutland, Esquire, deceased, for Payment of his Debts, and Provision for his Daughters and Coheirs;" to which their Lordships Concurrence is desired.

Message from thence, to remind the Lords of the Vote, that the D. of York, being a Papist, encouraged the Conspiracies.

A Message was brought from the House of Commons, by Sir Patience Ward and others; who said,

"He was commanded, by the Knights, Citizens, and Burgesses, of the House of Commons, to put their Lordships in Mind of the Message by them sent, to desire their Concurrence to the Vote following:

"Die Dominico, 27 April, 1679.

"Resolved, Nemine Contradicente,

"That the Duke of Yorke's being a Papist, and the Hopes of his coming such to the Crown, has given the greatest Countenance and Encouragement to the present Conspiracies and Designs of the Papists against the King and the Protestant Religion."

King present.

His Majesty, sitting in His Royal Throne, adorned with His Robes and other Regal Ornaments (the Lords being likewise in their Robes), commanded the Gentleman Usher of the Black Rod to signify His Majesty's Pleasure to the House of Commons, "That they attend "Him presently."

Who, being come, did, by their Speaker present unto His Majesty,

"An Act for granting a Supply to His Majesty, of Two Hundred and Six Thousand Four Hundred Sixty-two Pounds, Seventeen Shillings, and Three Pence, for paying off and disbanding the Forces raised since the 29th Day of September, One Thousand Six Hundred Seventy and Seven".

Bills passed.

Which Bill was received at the Bar, from the Speaker' by the Clerk of the Parliaments; who brought it to the Table.

The Clerk of the Crown read the Title of it; and the Royal Assent was pronounced by the Clerk of the Parliaments, in these Words:

"Le Roy, remerciant Ses bons Subjects, accepte leur Benevolence, et ainsi le veult."

His Majesty was pleased to give His Royal Assent to a Private Bill, intituled,

"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."

The Clerk of the Crown read the Title of the said Bill; and the Clerk of the Parliaments pronounced the Royal Assent, in these Words,

"Soit fait come il est desiré."

E. of Ogle's and Lady Percy's Marriage Articles, Bill.

Hodie 1a vice lecta est Billa, "An Act for the confirming of Articles of Agreement made before the Marriage of the Lady Percy, Daughter and Heir of Jocelyn late Earl of Northumberland, with the Earl of Ogle, Son and Heir Apparent of Henry Duke of Newcastle, and for the enabling the Performance of the same Articles."

Liberty of the Subject, Habeas Corpus Bill.

The House took into further Consideration the Amendments in the Bill concerning the more effectual securing the Liberty of the Subject.

And having gone over the Amendments:

It is ORDERED, To communicate their Lordships Resolutions to the House of Commons, at a Conference presently: And the Lord President, the Lord Privy Seal, and the Lord Wharton, were appointed to draw up what is fit to be offered at the Conference.

Call of the House.

Next, the House was called; and these Lords following were absent:

Lord Butler of Weston.
Lord Clifford.
Lord Crew.
Lord Cornwallis.
Lord Holles.
Lord Langdale.
Lord Lexington.
Lord Bellasis.
Lord Widdrington.
Lord Carrington.
Lord Mohun.
Lord Pawlet.
Lord Roberts.
Lord Mountagu.
Lord Brooke.
Lord Tenham.
Lord Arundell.


Lord Gerard de Bromley.

Infra Ætatem.

Lord Petre.
Lord Hunsdon.
Lord Sandys.
Lord Stourton.
Lord Fitzwalter.
Lord Darcy.
Lord Delawar.
Lord Awdley.
Lord Abergaveny.
Bishop of Oxon.
Bishop of Landaff.
Bishop of Chester.
Bishop of Chichester.


Bishop of Cov. et Litchfeild.

Excused.

Bishop of St. Asaph.
Bishop of Norwich.
Bishop of Carlile.
Bishop of Sarum.
Bishop of Hereford.
Bishop of Winton.
Vicecomes Mordant.
Vicecomes Stafford.
Vicecomes Mountagu.
Vicecomes Hereford.
Comes Burford.


Comes Northumberland.

Infra Æ;tatem.

Comes Suffex.
Comes Danby.
Comes Litchfeild.
Comes Powis.
E. Carlile.
E. Cardigan.
E. Sandwich.
E. Rochester.
E. Portland.
E. Newport.
E. Winchilsea.
E. Marlborough.
E. Manchester.
E. Westmerland.
E. Devon.


E. of Warwick and Holland.

Infra Æ;tatem.

E. Exon.
E. Suff.
E. Nottingham.
E. Lyncolne.
E. Pembrooke.
E. Rutland.
E. Shrewsbury.
Lord Steward.


Lord Great Chamberlain.


Marq. Dorchester.
Marq. Worcester.
D. of Grafton.
D. of Richmond.
D. of Bucks.
D. of Somerset.
D. of Norffolk.
Archbishop of Yorke.
Duke of Cumberland.
Duke of Yorke.
Being in Ireland, excused.
Infra Æ;tatem.
Being sick, is excused.
Sick.
Not well, excused.
Recus.
Infra Æ;tatem.
Extra Regnum.
Infra Æ;tatem.
Sick, excused.
Not well, excused.
Excused.
Is coming up.
Recus.
Recus.
Excused.
Recus.
Excused.
Excused.
Coming up.
Recus.
Infra Æ;tatem.
Excused.
Excused.
Excused.
Excused.
Excused.
Excused.
Excused.
Excused.
Excused.
Excused.
Infra Æ;tatem.
Recus.
Infra Æ;tatem.
Infra Æ;tatem.
Excused.
Infra Æ;tatem.
Extra Regnum.
Recus.
Extra Regnum.
Excused.
Recus.
Excused.
Excused.
Will be here To-morrow.
Excused.
Sick, excused.
Is coming up.
Sick.
Excused.
Excused.
Excused.
Infra Æ;tatem.
In Ireland.
Sick, excused.
Excused.
Infra Æ;tatem.
Infra Æ;tatem.
Infra Æ;tatem.
Extra Regnum.
Excused.
Excused.
Extra Regnum.

D. of Newcastle takes the Oaths.

This Day Henry Duke of Newcastle took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration against Transubstantiation, pursuant to the Act in the 25th Year of His now Majesty's Reign, for preventing the Dangers which may happen from Popish Recusants. His Witnesses, being first sworn at the Bar, did prove the Truth of the Certificate concerning his Lordship's receiving the Sacrament of the LORD'S Supper.

Heads for a Conference on the Habeas Corpus Bill.

The Lord Privy Seal reported what the Committee thinks fit to be said at the Conference with the House of Commons:

"To let them know, that in the 3 Skin, 9 Line, the Lords agree to that Amendment: 4 Skin, 3 Line, it is safe to provide no other Courts be hurt or prejudiced; and that's all the Amendment the Lords Offer imports. And the House of Commons intending the same Thing, the Amendments can do no hurt, nor give Countenance through Mistake.

"2. It exends only to legal Orders and Warrants, which may come from other Authority besides the Courts and Judicatures; and all legal Commitments enumerated ought to be allowed by this Act; and the Scope of the Act will stand firm without the other Words which the Lords have left out.

"In the 5 Skin, 33 Line, The Word ["Record"] must be left out, for the Reasons in the 2d Amendment, and because all Authority and Courts that may lawfully commit, are not of Record.

"35 Line, Agreed.

"9 Skin, 24 Line, Agreed, on Condition the Proviso for the Peers be admitted.

"10 Skin, 20 Line, the Lords wave the Amendment of accused or indicted; so the Words may be read ["have committed"], instead of ["commit."]

"Being of Resiants in England, the Offence must have been committed before the Offender be sent away.

"21. The Lords insist on the Word ["Capital"], and wave the rest of their Amendment; because the Lords do not think reasonable, Men be sent away for trivial Offences.

"The last, we agree to; that, after the Assizes, Men may have the Benefit of this Act."

To which the House Agreed.

Message to H. C. for this Conference.

A Message was sent to the House of Commons, by Sir John Coel and Sir Sam. Clerke:

To desire a present Conference, concerning the Amendments in the Bill concerning the better securing the Liberty of the Subject.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Message from thence, for a Conference about Committees meeting to settle the Method of Trial of impeached Lords.

A Message was sent to the House of Commons, by Sir Tymothy Baldwin and Sir John Hoskins:

To desire a present Conference, in the Painted Chamber, touching the Subject-matter of the first Conference with them Yesterday in the Forenoon.

Heads for it.

That which is to be said at the Conference is, "That the Lords do not agree with the House of Commons for a Committee of both Houses; because they do not think it conformable to the Rules and Orders of Proceedings of this Court, which is, and ever must be, tender in Matters relating to Judicature."

The Lord Privy Seal, Earl Bridgewater, Earl North'ton, Lord Berkeley, Lord Ferrers, and Lord Norreys, were appointed to manage this Conference.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of it.

The Lord Privy Seal reported, "That the Managers had delivered at the Conference, what they were directed."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quinta, Dominis sic decernentibus.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Rochester.
Epus. Ely.
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.
Marq. Winton.
Comes Oxon.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Salisbury.
Comes Bridgewater.
Comes Leycester.
Comes North'ton.
Comes Denbigh.
Comes Clare.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Stanford.
Comes Carnarvon.
Comes Chesterfeild.
Comes Thannet.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes St. Alban.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Guilford.
Comes Plymouth.
Comes Feversham.
Vicecomes Say et Seale.
Vicecomes Conway.
Vicecomes Campden.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Newport.
Ds. Berkeley.
Ds. Morley.
Ds. Ferrers.
Ds. De Grey.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby de Parham.
Ds. Paget.
Ds. North & Grey.
Ds. Chandos.
Ds. Norreys.
Ds. Grey de W.
Ds. Lovelace.
Ds. Maynard.
Ds. Herbert de Cherb.
Ds. Leigh.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Astley.
Ds. Lucas.
Ds. Gerard B.
Ds. Wotton.
Ds. Delamer.
Ds. Fretchville.
Ds. Arundell T.
Ds. Butler de M. P.

PRAYERS.

E of Danby, Method of Trial.

The House took into Consideration in what Manner the Lords are to go into Westminster Hall To-morrow; and the Orders made upon the Occasion of the Trial of the Earl of Pembrook were read.

And it was agreed and ordered, the same Orders of Procedure should now be observed; and that the Eldest Sons of the Nobility do go next after the Judges, before the Maces that go before the Barons.

ORDERED, That upon any Incident that shall fall out at the Trial of the Earl of Danby To-morrow in Westminster Hall, the Lords are to resort to the House for Debate and Consideration.

To be brought to Westminster Hall To-morrow.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lieutenant of The Tower be, and is hereby, required to bring Thomas Earl of Danby, now Prisoner there, to the Bar of this House in Westminster Hall, To-morrow, at Ten of the Clock in the Forenoon.

Westminster Hall to be kept clear.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Great Chamberlain be desired to take strict Care, by his Under Officers, that the Seats appointed for the House of Commons in Westm. Hall, be kept clear from all other Persons whatsoever, that are not Members of the House of Commons; and that his Lordship direct that Papers be posted up in all convenient Places, warning all Persons, not being Members of the House of Commons, "That they presume not to sit upon any of the Seats in Westminster Hall, appointed for the Members of the House of Commons, during any Time of the Sitting of the House of Peers there;" and that they cause all such Persons as shall do the contrary, to be forthwith removed.

Private Business put off.

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House doth put off hearing or receiving any Private Business, till such Time as the Public Business now before them relating to the Hearings and Trials of the Lords now Prisoners in The Tower, be dispatched.

D. Monmouth and L. Newport, Bill.

Hodie 1a vice lecta est Billa, an Act, intituled, "An Act for confirming a Conveyance lately made by his Grace the Duke of Monmouth and the Lord Viscount Newport, of several Manors and Lands to several Trustees, and for indemnifying the said Trustees."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 10um diem instantis Maii, hora nona Aurora, Dominis sic decernentibus.