House of Commons Journal Volume 9: 29 November 1680

Lunæ, 29 die Novembris, 1680.

A person discharged.

ORDERED, That John Lawes, being in Custody of the Serjeant at Arms attending this House, be discharged.

Fines for Misdemeanors.

A Bill for ascertaining Fines upon Convictions for Misdemeanors, was read the First time.

Resolved, That the Bill be read a Second time.

King to appoint being attended.

Ordered, That Mr. Secretary Jenkins be desired immediately to attend his Majesty, to know his Majesty's Pleasure, When this House may attend him with their Address in Answer to his Majesty's Message relating to Tangier.

Saverne Fishing.

Ordered, That a Committee be appointed to prepare and bring in a Bill for the Repeal of Part of the Law already made for regulating the Fishing in the River Saverne.

And it is referred to Sir John Guyes, Sir Edward Harley, Colonel Sands, Mr. Thomas Foley, Sir Robert Atkins, Serjeant Street, Sir James Long, Mr. Barker, Mr. Colt, Sir Ralph Dutton, Mr. Powle, Sir William Estcourt, Mr. Houghton, Serjeant Seys, and all the Members that serve for the Counties of Gloucester, Hereford, Salop, and Monmouth; or any Three of them: And they are to meet at Three of the Clock this Afternoon, in the Speaker's Chamber.

Bexhill and Cowding Manors.

A Bill being presented to the House for the better Securing and Payment of an Annuity or Rent Charge of One hundred and Thirty Pound per Annum, out of the Manors and Farms of Bexhill and Cowding in the County of Sussex, to the Use of the Poor of several Parishes in the County of Surrey;

Ordered, That the said Bill do lie upon the Clerk's Table: And that it be read on Wednesday Morning next.

Tryals of impeached Lords.

Sir William Jones reports from the Committee appointed to meet with the Committee of Lords, for the adjusting of Methods and Circumstances relating to the Tryals of the Lords in the Tower, That the said Committee did meet on Saturday last: And that the Committee of Lords being asked, by the Committee of this House, Whether their Lordships had any Propositions to make to the said Committee, touching the Methods and Circumstances to be had in the Tryals of the Lords in the Tower; their Lordships made Answer, That the Lords had sent down a Paper to this House, containing several Propositions; and that the Lords Committees knew of no other Propositions.

That their Lordships being asked, Whether the Com mission of the Lord High Steward were drawn in the same manner as that in the last Parliament was drawn; and whether the Clause Cujus præsentia in hac parte requiritur were inserted; Their Lordships answered, That they could not give any Account thereof; but that they would make Report of the said Proposition to the House of Peers; and would afterwards give Answer to this Committee therein.

That their Lordships being asked, Whether they could give any Assurance, That the Lords Spiritual would be absent at the Tryals, their Lordships made Answer, That they had no Power from the House of Lords to give any Account in that Matter; but that their Lordships would report the same to the House of Peers; and return an Answer to the said Committee the next Meeting.

And further, That the said Committees had agreed to meet again at Twelve of the Clock this Day.

Ordered, That the said Committee do meet the Committee of Lords at Twelve of the Clock this Day.

Printing Sir M. Hale's MSS.

Ordered, That the Executors of Sir Matthew Hale, late Lord Chief Justice of the Court of King's Bench, be desired to print his Manuscripts relating to the Crown Law: And that a Committee be appointed to take Care in the Printing thereof.

And it is referred to Sir William Jones, Serjeant Maynard, Mr. Sacheverell, Mr. George Pelham, Sir Fra. Winnington, Mr. Paul Foley.

Devon Grand Jury.

The Clerk of the Assize for the Western Circuit, the Clerks of the Peace for the County of Somersett, and the Under Sheriffs for the Counties of Devon and Somersett, being called in, gave the House an Account touching a Declaration made by the Justices of the Peace for the County of Somersett at the Sessions held at Wells in January One thousand Six hundred Seventy-and-nine; and of the Presentment made by the Grand Jury of the County of Devon, the last Summer Assizes.

Resolved, That this House doth dispense with any further Attendance of the said several Persons.

Information of exceptionable Words.

Mr. Snead being called in, gave the House an Account of certain Words spoken by one Edward Brett, at Chesterton in the County of Stafford; and now in Custody of the Serjeant at Arms attending this House.

Ordered, That the said Edward Brett be discharged from his said Confinement.

King appoints to be attended.

Mr. Secretary Jenkins acquaints the House, That he having, according to the Order of the House, attended his Majesty, to know his Majesty's Pleasure, When this House should attend him with the last-mentioned Address; his Majesty was pleased to appoint this House to attend him at Three of the Clock this Afternoon, in the Banqueting House:

Pardon to Denis, &c.

And further acquaints the House, That his Majesty, being humbly moved, according to the Order of the House, for a Pardon for Bernard Denis, was graciously pleased to grant the same: And though neither the said Bernard Denis, nor any other by his Appointment, did carry on the said Pardon to the Seals; yet the same, together with the Pardon granted to Mr. Turbervill, were now ready, under the Great Seal. And the Directions of the House were desired, Into what Hands to put the same:

Ordered, That the said Pardons be lodged in Mr. Treby's Hands for the Service of the House, and Benefit of the said Persons pardoned.

Lord Stafford's Impeachment.

Resolved, That this House will come as a Committee to the Tryal of William Viscount Stafford, upon the Impeachment of the Commons.

Committing a Member impeached.

Ordered, That the Clerk of this House do, de die in diem, attend the Committee appointed to examine Precedents touching the Committing a Member of this House to the Custody of the Serjeant at Arms, when impeached in Parliament.

Dangerfeild's Pardon, &c.

A Petition of Mr. Thomas Dangerfeild was read.

Ordered, That a Committee be appointed forthwith to inspect Mr. Dangerfeild's Pardon, as to the Validity thereof; and likewise to examine, What Allowances now are, or formerly have been, made to Mr. Dangerfeild, and by whom; and to consider of the Alterations, and other Circumstances of the said Mr. Dangerfeild's Allowances; and to report the same, with their Opinions therein, to this House.

And it is referred to Sir Thomas Player, Mr. Sacheverell, Mr. Treby, Colonel Birch, Mr. Pilkington, Mr. Duboys, Mr. White, Sir John Moreton, Sir Samuel Bernardiston, Mr. Hamden, Mr. Colt, Mr. Serjeant Rigby, Mr. Paul Foley, Mr. Harbord, Mr. Love, Mr. Cooper, Sir Robert Markham, Sir Robert Clayton, Mr. Whorwood, Sir William Ellis, and all the Members of the House that are of the Long Robe; or any Five of them: And they are to meet at Three of the Clock in the Afternoon, in the Speaker's Chamber.

Lord Stafford's Impeachment.

Sir William Jones reports from the Committee appointed to meet with a Committee of the Lords, for adjusting the Methods and Circumstances relating to the Tryals of the Lords in the Tower, That the Committee having met, their Lordships returned an Answer to several Propositions made by the Committee of this House, as followeth; viz.

That, as to the Question, Whether the Commission of the Lord High Steward be the same now, as it was the last Parliament; the Lords Committees answered, That the Commission differs not from that which passed in the last Parliament, otherwise than in that the Name of the Lord Stafford is inserted in this Commission, in the Places where the Names of the Five Popish Lords impeached were inserted in the former Commission.

That, as touching the Lords Spiritual, Whether they would be present at the Tryal of the Lord Stafford; their Lordships have returned Assurance, That the Lords Spiritual are not to be present at the Tryal.

That their Lordships acquainted the said Committee, That the Prisoner is to be brought To-morrow Morning at Ten of the Clock.

That the said Committee, having acquainted the Lords Committees with the Vote of this House, touching their coming as a Committee to the Tryal of the Lord Stafford, made a Proposal to the Lords Committees, taking Notice of One of the Rules sent down from the Lords; viz. "That, when the Commons should ask any Question in the Tryal, they should apply themselves to the Lord High Steward:" And that this Committee made some Exceptions thereunto, they taking the Lord High Steward not as a necessary Part of the Court, but only as the Speaker of the House of Lords; alleging, That, when the Commons speak to the Court, they ought to say, "My Lords," not "My Lord, or Your Grace."

And That then the Committees adjourned to Nine of the Clock To-morrow Morning.

Ordered, That the Members of this House do sit together, without mingling with any other Persons, in that Place which is prepared for them, at the Tryal of the Lord Stafford: And Mr. Howard, Captain of the Yeomen of the Guards, is desired to take Care therein.

Ordered, That a Committee be appointed forthwith to view the Scaffold erected in Westminster Hall for the said Tryal: And they are impowered to send for such Persons as they shall see Occasion to make use of in this Service.

And it is referred to Sir John Moreton, Sir Robert Markham, Colonel Birch, Mr. Foley, Sir John Carew, Mr. Colt, Sir Thomas Lee, Mr. Stokes, Mr. Pilkington, Mr. Fleetwood, Mr. Harbord, Sir Gilbert Gerald, Mr. White, Sir Samuel Bernardiston, Mr. Slater, Mr. Bremen, Lord Brandon, Sir Thomas Armstrong.

A Witness to be brought in custody.

The House being informed, from the Committee appointed to prepare Evidence against the Lords in the Tower, That a certain Person inhabiting in Shrewsbury, being summoned to appear as a Witness in the Tryals of the Popish Lords in the Tower, did refuse so to do; and that it was not convenient, that his Name should as yet be publickly known;

Ordered, That Mr. Speaker do issue out his Warrant to the Serjeant at Arms attending this House, to bring in Custody the said Person, to be named to Mr. Speaker from the said Committee, for his Warrant for that Purpose.

And then the House adjourned to Three of the Clock in the Afternoon.

Post Meridiem.

A Member to attend as a Witness.

ORDERED, That Sir Walter Baggott, a Member of this House, have Leave to appear as a Witness in the Tryal of William Viscount Stafford.

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