House of Commons Journal Volume 9: 23 May 1679

Veneris, 23 die Maii, 1679.

Prayers.

Privilege.

A COMPLAINT being made of a Breach of Privilege, committed against the honourable Edward Lord Morpeth, a Member of this House, by William Tallantire, by stopping up a Way belonging to the said Lord Morpeth; and speaking contemptuous Words against the Lord Morpeth; and in Proceeding at Law to try the Right of the said Way, during the Sitting and Privilege of Parliament;

Ordered, That the said William Tallantire be sent for in Custody of the Serjeant at Arms attending this House, for his Breach of Privilege committed against the Lord Morpeth: And that all Proceedings at Law, touching the Right of the said Way, be stayed: And that Notice hereof be given to the said Tallantire's Attorney at Law.

Exporting Cloth to Turkey.

Ordered, That the Committee to whom the Bill for exporting Cloth to Turkey, stands committed, be revived; and do sit this Afternoon, in the Place formerly appointed: And that all the Members that serve for the Counties of Worcester, Gloucester, Wilts, Somersett, and Yorke, be added to the said Committee: And all that come are to have Voices.

Burying in Woollen.

A Bill for the more easy administring the Oaths required to be taken by the Act for Burying in Woollen, was read the First time.

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

Hearth money.

Sir Wm. Franckland reports from the Committee to whom the Bill for the more easy collecting the Duty of Hearth-money, was committed, several Amendments agreed by the Committee to be made to the said Bill: 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, severally agreed.

Resolved, &c. That the Bill, with the Amendments agreed to, be ingrossed.

Leave of Absence.

Ordered, That Major Austin have Leave to go into the Country.

Committee of Privileges.

Ordered, That the Reports that are now ready to be made from the Committee of Privileges and Elections, be made To-morrow Morning, the first Business.

Impeachment of Earl Danby, &c.

Mr. Hamden reports from the Committee appointed to inspect the Journals of the Lords, a Report agreed upon by the Committee to be made to the House, of all the Proceedings, relating as well to the Impeachment and Bill against the Earl of Danby, as to the Impeachments against the other Lords in the Tower: Which he read to the House.

Money paid to Members.

The House being informed, That Sir Stephen Fox had paid several Sums of Money to some of the Members of the last Parliament; and that he has Books of Accompt to evidence the same;

Ordered, That Sir Stephen Fox be immediately sent for to attend the House; and do bring with him all the Books and Papers of Accompts, of any Money that he has paid to any Members of the last Parliament, and others, for keeping of Publick Tables: And that Sir John Hotham, Sir Robert Peyton, and Sir John Holman do acquaint him with this Order.

Impeachment of Earl Danby.

Mr. Papillon reports from the Committee appointed to inspect the Journals of this House, a Report agreed upon by the Committee to be made to the House, of all the Proceedings, relating as well to the Impeachment and Bill against the Earl of Danby, as to the Impeachments against the other Lords in the Tower: Which he read to the House.

Books respecting Secret Service.

Ordered, That Sir Stephen Fox do forthwith produce to this House his Ledger Book, Cash Book, and Journal, and his Receipts for Money by him paid for Secret Service: And that Sir John Hotham, Sir Robert Peyton, and Sir John Hollman, do accompany the said Sir Stephen Fox: And that he is injoined not to go out of the Company of the said Members before they return to the House.

Members not to depart.

Ordered, That no Member do depart the Service of this House, until Sir Stephen Fox and the other Members do return.

Money paid to Members.

Ordered, That Sir Francis Winnington do, To-morrow Morning, make a Report of the Informations given to the Committee of Secrecy, touching Money paid for Secret Service to any of the Members of the last Parliament.

Trials of the impeached Lords, &c.

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 Lords had communicated to the Committee of this House, a Paper, containing several Circumstances relating to the Tryals upon the Impeachments: Which he read in his Place, in hæc verba; viz.

"That the Earl of Powys, Viscount Stafford, Lord Petre, Lord Arundell of Wardour, and Lord Bellasis, and every of them, who are to be brought to their Tryal in Westminster 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 the said Lords are charged with: And that such Witnesses as any of the said Lords, at their respective Tryals, shall produce for their Defence, shall not be examined upon Oath in their Case; but may be examined upon Oath, if the Members of the House of Commons do desire it, on their Behalf: And if the said Lords, or any of them, do re-examine the said Witnesses, it is to be upon the same Oath."

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

"That the Lords being brought to the Bar by the Lieutenant of the Tower, are to kneel, till the Lord High Steward command them to arise: And then he is to let them know, That they are this Day to answer to the Accusation of High Treason, wherewith they stand charged, in the Name of the Commons now assembled in Parliament, and in the Name of all the Commons of England: And that, this Day, they are to receive their Tryals for their Lives."

"That the whole Impeachment against them is to be read; and then their Answers: 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 their Attention."

"If the said Lords shall demand Counsel, the Lord High Steward is to let them know, That, during the Time that the Members of the Commons do manage their Evidence in Matter of Fact, they the said Lords are to use no Counsel."

"If any of the Peers, the Members of the House of Commons that manage the Evidence, or the Prisoners, 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 Tryal, no Debate is to be in the Court; but the Question suspended to be debated in the House."

"The Peers are to sit upon the Tryal but once a Day, and not to sit past Two of the Clock."

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

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

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

"That the Place between the Prisoners and the Wool Sack be clear."

"That such Peers at the Tryal of the said Lords, 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 Tryal concerning the Five Lords, Prisoners 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 Five Lords 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 Middlesex, and the Justices of the Peace of the City of Westminster; to take Cake for the Safe-guarding of the Gates, and other Places; thereby to prevent the Concourse of People resorting to Westminster, during the Time of the Tryal of the said Lords."

"Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That this Paper be communicated to the Committee of the House of Commons, by the Lords Committee of this House."

Sir John Trevor further reports, That the Committee of Lords declared, when they delivered the said Paper, That the Paper was delivered as Proposals to be debated, and not as an Order or Rule to bind the Commons: And that the Committee of this House did declare, That they received the Paper only as Proposals.

Money paid to Members.

Ordered, That Sir Stephen Fox do, upon his Memory, name to the House such Members of the last Parliament, as he paid any Money to, for Secret Service.

And then the House adjourned till Saturday Morning, Seven of the Clock.