House of Commons Journal Volume 9: 15 May 1679

Jovis, 15 die Maii, 1679.

Prayers.

Norfolke, &c. Elections.

ORDERED, That the Miscarriages of the Elections for the Counties of Norfolke and Leicester be heard on Tuesday next.

Lost Records of Fines.

An ingrossed Bill for Re-ingrossing of the Records of Fines lost or burnt by the late Fire in the Temple, was read the Third time.

Resolved, &c. That the Bill do pass: And that the Title be, An Act for Re-ingrossing of the Records of Fines burnt or lost in the late Fire in the Temple: And that Mr. Serjeant Seys do carry up the same to the Lords for their Concurrence.

Liberty of the Subject.

Ordered, That the Amendments made by the Lords to the Bill for the better Securing the Liberty of the Subject, and for Prevention of Imprisonments beyond the Seas, be taken into Consideration To-morrow Morning at Ten of the Clock.

Alborough Election.

Sir Thomas Meres reports from the Committee of Privileges and Elections, That the Committee had taken into Consideration the Matter touching the Election for the Borough of Alborough in the County of Yorke: And that it appeared to the Committee, that Sir John Reresby had about Nineteen of the Inhabitants paying Scot and Lot, who voted for him in the said Election; and Sir Godfrey Copley had about Twenty-four of the Inhabitants paying Scot and Lot: And that thereupon the Committee had agreed upon Three Resolves to be reported to the House: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same were again read; and are as followeth; viz.

Resolved, &c. That all the Inhabitants of the Borough of Alborough in the County of Yorke, paying Scot and Lot, have only Right to vote in electing Members of Parliament for the said Borough.

Resolved, &c. That Sir John Reresby is not duly elected to serve in this present Parliament, for the Borough of Alborough in the County of Yorke.

Resolved, &c. That Sir Godfrey Copley is duly elected to serve in this present Parliament, for the Borough of Alborough in the County of Yorke.

Resolved, &c. That this House doth agree with the Committee, That all the Inhabitants of the Borough of Alborough in the County of Yorke, paying Scot and Lot, have only Right to vote in electing Members of Parliament for the said Borough.

Resolved, &c. That this House doth agree with the Committee, That Sir John Reresby is not duly elected to serve in this present Parliament for the Borough of Alborough in the County of Yorke.

Resolved, &c. That this House doth agree with the Committee, That Sir Godfrey Copley is duly elected to serve in this present Parliament, for the Borough of Alborough in the County of Yorke.

Ordered, That the Clerk of the Crown do attend Tomorrow Morning, to take off the Indenture of Sir John Reresby; and affix the Indenture of Sir Godfrey Copley to the Return for the Borough of Alborough in the County of Yorke.

Southwarke Court of Conscience.

A Bill for the Ease and Relief of the poor Inhabitants of Southwarke, and the Suburb Parishes of Middlesex, in the Recovery of small Debts, was read the First time.

Resolved, &c. That the Bill be read a Second time.

Irish Cattle, &c.

Ordered, That the Report of the Bill for Continuance of the Act for prohibiting the Importation of Cattle from Ireland, and other Parts beyond the Seas; and Fish taken by Foreigners; be made on Saturday Morning next.

Trials of the impeached Lords.

Sir John Trevor reports from the Committee appointed to join with the Committee of Lords, to consider of Propositions and Circumstances relating to the Tryals of the Lords in the Tower, That the Committee had made Two Propositions to the Committee of Lords.

First, That they did desire to see the Commission of the Lord High Steward, and the Commissions to former Lords High Stewards.

Secondly, That they did desire to know, What Resolutions had been taken about the Lords Spiritual being present or absent at the Tryals of the Lords impeached.

To the First Proposition, the Lords of the Committee produced Copies of the Commissions to the Lords Stewards, for the several Tryals of the Lord Morley and the Lord Cornwallis: But those Tryals were out of Parliament. They produced the Copy of their Commission for the Tryal of the Earl of Pembroke, for Murder: Which Tryal was before the Peers in Parliament; and so differed from the two former Commissions.

The Lords did further produce a Copy of the Commission passed under the Great Seal, for the Tryal of Thomas Earl of Danby; and also, a Form of the Commission for the Tryal of the other Five Lords impeached; and did communicate to the Committee a Resolution of the Lords House, in hæc verba:

"Die Luna, 12 Maii, 1679."

"It is Declared and Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Office of a High Steward, upon Tryals of Peers upon Impeachments, is not necessary to the House of Peers: But that the Lords may proceed upon such Tryals, if a High Steward be not appointed according to their humble Desire."

Their Lordships further declared to the Committee, That a Lord High Steward was made hac vice only: That, notwithstanding the making of a Lord High Steward, the Court remained the same, and was not thereby altered, but still remained the Court of Peers in Parliament: That the Lord High Steward was but as a Speaker or Chairman, for the more orderly Proceedings at the Tryals.

The Copy of the Commission for a Lord High Steward for the Tryal of the Earl of Danby being read, the Committee of this House took Exception to these Words in the Commission; viz. Ac pro eo quod Officium Seneschalli Angliæ (cujus Prasentia in hac parte requiritur), ut accepimus, jam vacat; and desired, that they might be left out; as implying, that the Constituting of a Lord High Steward was necessary: And thereupon proposed these Words to be inserted in their stead; viz. Ac pro eo quod Proceres & Magnates in Parliamento nostro assemblati nobis humiliter supplicaverunt, ut Seneschallum Anglia hac vice constituere digneremus: To which Amendment the Lords of the Committee did agree. And it was further agreed by the said Committee of the Lords and Commons, That the Commission under Seal, for the constituting a Lord High Steward for the Tryal of the Earl of Danby, should be recalled; and a new Commission, according to the said Amendment, to be issued, and to bear Date after the said Resolution: And that the like Commission, mutatis mutandis, should be issued for the Tryal of the other Lords impeached.

As to the Second Proposition, the Committee of the Lords communicated to the Committee of this House the Resolution of the House of Peers, in hac verba; viz.

"Die Martis, 13 Maii, 1679."

"Resolved, &c. by the Lords Spiritual and Temporal, in Parliament assembled, That the Lords Spiritual have a Right to stay in Court in Capital Cases, till such time as Judgment of Death comes to be pronounced."

15 Maii, 1679.

The Lords explained themselves, That the Meaning of their Resolution passed Yesterday, concerning the Lords Spiritual, is, That the Lords Spiritual have a Right to stay and sit in Court, till the Court proceed to the Vote of Guilty or Not guilty.

The Second Proposition being a Matter of great Weight and Consideration; the Committee of the Commons had commanded him it to report to the House, in order to receiver their Directions for their further Proceedings.

Resolved, &c. That it be given as an Instruction to the Committee appointed to join with the Committee of Lords, to consider of Propositions and Circumstances relating to the Tryal of the Lords in the Tower; That they insist upon it at the Committee, That the Lords Spiritual ought not to have any Vote in any Proceeding upon the Impeachments against the Lords in the Tower.

A Member ordered into custody.

Ordered, That Mr. John Tregegle, having departed the Service of this House without Leave, be sent for in Custody of the Serjeant at Arms attending this House.

Disabling the Duke of Yorke.

A Bill to disable the Duke of Yorke to inherit the Imperial Crown of this Realm, was read the First time.

Resolved, &c. That the Bill be read a Second time, on Monday Morning next.

Committees.

Ordered, That all Committees be revived; and do sit this Afternoon, in the Places formerly appointed.

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