House of Commons Journal Volume 9: 10 May 1679

Sabbati, 10 die Maii, 1679.

Prayers.

Address for raising the Militia.

SIR Robert Peyton reports from the Committee appointed to draw up an Address to be presented to his Majesty, to desire him, That the Militia of London, Westminster, Southwarke, the Tower Hamlets, and the Counties of Middlesex and Surrey, may immediately be raised, and put into a Posture of Defence, An Address agreed upon by the Committee: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was twice read; and, with some Amendments made at the Table, upon the Question, agreed; and is as followeth; viz.

WE Your Majesty's most dutiful and Loyal Subjects and Commons, in Parliament assembled, taking Notice of the great Resort of the Multitude of Jesuits, Popish Priests, and other Popish Recusants, to the Cities of London and Westminster, and Parts adjacent; and their obstinate Continuance there; in Contempt of Your Majesty's Laws, and Royal Proclamations in pursuance thereof; and considering the great Dangers that may ensue thereby, especially at this Time of the approaching. Tryals of the Popish Lords now Prisoners in the Tower, in whose Behalfs some desperate Attempts may be made; for Prevention whereof, and for the better Securing of Your Majesty's Sacred Person, do most humbly beseech Your Majesty, That Your Majesty would be graciously pleased to give Order, That the Militia of London, Westminster, Southwarke, the Tower Hamlets, and the Counties of Middlesex and Surrey, may immediately be raised, and put in a Posture of Defence, in such Proportions, and for such Time, as Your Majesty shall think fit.

Resolved, That the Concurrence of the Lords be desired to the said Address.

Ordered, That Sir Robert Carr do carry up the same to the Lords for their Concurrence.

Fires in the City of London.

Ordered, That it be referred to the Committee appointed to inquire into the Causes of the late Fires, in and about the City of London, to examine likewise concerning the Fire which happened last Night; and to bring in a Bill or Bills, upon the Debate of the House, for Prevention of the like for the future: And that Sir Charles Harboard, Mr. Colt, and Sir Samuel Bernardiston, be added to the said Committee.

Post Office.

Ordered, That a Committee be appointed to inquire into the Abuses and Exorbitancies of the Post Office; and to bring in a Bill for Remedy thereof, upon the Debate of the House.

And it is referred to Mr. Papillon, Sir Francis Russell, Mr. Pilkington, Sir Henry Calverley, Sir Samuel Bernardiston, Serjeant Rigby, Mr. Wright, Sir Thomas Stringer, Sir Richard Corbett, Sir Patience Ward, Mr. Vernon, Mr. Greenvile, Mr. Foot, Sir Henry Ford, Sir Stephen Fox, Sir Halswell Tynt, Mr. Duboyes, Mr. Thompson, Mr. Williams, Sir Nathanael Herne, Colonel Whitley, Mr. Gould, Mr. Whitehead, Sir Philip Egerton, Sir John Knight, Lord Ancram, Alderman Backwell, Lord Allington, Sir Robert Southwell, Colonel Titus, Mr. Godolphin, Mr. Dalmahoy, Mr. Thyn, * Pickering, Sir Thomas Armstrong, Mr. Neale, Sir Henry Goodrick, Mr. Bulkeley, Sir Hugh Bethell, Sir John Lowther, Sir John Talbot, Mr. Foley, Sir Tho. Maleveror, Sir John Hotham, Mr. Paston, and all the Members that serve for the Post Towns, and the City of London: And they are to meet on Monday next, at Two of the Clock, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.

Address for raising the Militia.

Sir Robert Carr reports, That he had attended the Lords with the Address for raising the Militia: And that their Lordships had filled up the Blank with the Words "the Lords Spiritual and Temporal;" and unanimously agreed to the Address.

Conference concerning the Trials.

Resolved, &c. That a Message be sent to the Lords, to desire a present Conference upon the Subject Matter of the last Conference: And that Colonel Titus do go up with the Message.

Colonel Titus reports, That the Lords had agreed to meet this House at a present Conference, in the Painted Chamber.

Mr. Hamden reports from the Committee appointed to draw up Reasons to be offered at a Conference to be had with the Lords upon the Subject Matter of the last Conference, Reasons agreed upon by the Committee: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same were twice read; and, upon the Question, agreed: And are as followeth; viz.

The Commons have desired this Conference with your Lordships, upon the Subject Matter of the last Conference desired by your Lordships: Which was upon the Matter of the Conference desired by the Commons about the Tryals: This last Conference was thus reported to the Commons.

"The Lords do not agree to 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 their Judicature."

They hope this Conference may tend to prevent all Interruptions of a good Correspondence between the Two Houses; which, as the Commons desire at all Times on their Parts to preserve, so is especially necessary in this Conjuncture, when the most heinous Delinquents are to be brought to Justice; that the Enemies both of King and Kingdom may have no Hopes left them to see this obstructed by any Difficulties arising in the Way of Proceeding: And therefore, for Answer to the last Conference, the Commons have commanded us to say This to your Lordships;

That your Lordships do not offer any Answer or Satisfaction to the Commons in their necessary Proposals amicably offered, by Way of Supposition, that they might have been confirmed therein by Answer from your Lordships; That 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 further, That your Lordships have not given the least Answer or Satisfaction to the Commons, concerning your Lordships addressing to the King for a Lord High Steward; though the Commons proposed their Desire of Satisfaction in that Matter in as cautious Terms as could be, on purpose to avoid all Disputes about Judicatures.

The Commons, to avoid all Interruptions and Delays in the Proceedings against the Lords impeached, and the Inconveniencies that may arise thereby, having proposed to your Lordships, That a Committee of both Houses might be nominated, to consider of the most proper Ways and Methods of proceeding upon Impeachments; your Lordships, without any Reason assigned (save only that you say you do not think it conformable to the Rules and Orders of the Proceedings of this Court), have refused to agree with the House of Commons in appointing such a Committee, though not heretofore denied, when asked upon the like Occasion; and at this time desired purposely to avoid Disputes and Delays.

And therefore the House of Commons have commanded us to acquaint your Lordships, That, Things standing thus upon your Answer, They cannot proceed in the Tryals of the Lords, before the Methods of Proceedings be adjusted between the Two Houses.

Ordered, That the Members that drew up the Reasons do attend and manage the Conference.

Earl Danby's Impeachment.

A Message from the Lords, by Sir John Coell and Sir Timothy Baldwyn;

Mr. Speaker, The Lords desire a present Conference with this House in the Painted Chamber, to communicate to this House the Contents of a Petition their Lordships received this Day from the Earl of Danby.

The Messengers being withdrawn;

Resolved, &c. That this House doth agree to meet the Lords at a present Conference in the Painted Chamber.

The Messengers being called in, Mr. Speaker acquaints them, That this House had agreed to meet the Lords at a present Conference in the Painted Chamber.

Ordered, That the Members that managed the former Conference do attend, and manage this Conference.

Sir John Trevor reports, from the said Conference, That the Members appointed had attended at the Conference: And that the Conference was managed by the Lord Privy Seal: And that he acquainted them, That the Lords had received a Petition from the Earl of Danby, who was ordered to attend their Lordships this Day: Which his Lordship read; whereby the Earl of Danby, sets forth, That he met with Information severally from his Counsel, That they durst not appear to argue the Validity of his Pardon, by reason of a Vote of the House of Commons: And that their Lordships desired to know; whether there was any such Vote as was alledged in the Petition.

Ordered, That a Committee be appointed to inspect the Journals, and search Precedents concerning Questions asked at Conferences.

And it is referred to Sir Francis Russell, Mr. Seymour, Sir Thomas Littleton, Sir John Hewley, Sir Thomas Meres, Sir Thomas Lee, Mr. Sachaverell, Mr. Vaughan, Sir Francis Drake; or any Three of them.

Secret Service Money.

Mr. Charles Bertie being called in, and examined to several Questions; and then being withdrawn;

Resolved, &c. That this House is not satisfied with the Answers given by Mr. Bertie.

Sir Robert Howard informs the House, That there has been paid to Mr. Bertie for Secret Service, from Lady Day 1676 to the Twentieth of March 1678 / 9 the Sum of Two hundred Fifty-two thousand Four hundred and Sixty-seven Pounds One Shilling and Nine-pence.

A Person committed.

Ordered, That Mr. Charles Bertie be committed to the Custody of the Serjeant at Arms attending this House, for his Contempt to this House.

Leave of Absence.

Ordered, That Mr. Deering have Leave to go into the Country.

Earl Danby's Pardon.

Ordered, That all the Members of this House that are of the Long Robe, do prepare themselves with Reasons against the Pardon pleaded by the Earl of Danby.

Shipping of Artillery.

Ordered, That the Officers of the Ordnance do attend on Monday Morning next, to give this House an Account touching the Train of Artillery and Ammunition that are ordered to be shipped for Portsmouth.

And then the House adjourned till To-morrow Morning, Eight of the Clock.