House of Commons Journal Volume 9: 3 May 1679

Sabbati, 3 die Maii, 1679.

Prayers.

Liberty of the Subject.

THE House took into Consideration the Amendments made by the Lords to the Bill, intituled, An Act for the better Securing the Liberty of the Subject; and for Prevention of Imprisonments beyond the Seas.

The First, Second, Third, and Fourth Amendments, being read a Second time, were, upon the Question, severally agreed.

The Fifth Amendment, being read a Second time, was, with the Addition of these Words, "by any such Person or Persons, or any on his, her, or their Behalf," after the Words, "in Writing," upon the Question, agreed.

The Sixth and Seventh Amendments, being read a Second time, were, upon the Question, severally agreed.

The Eighth and Ninth Amendments, being read a Second time;

And the Question being put, To agree with the Lords in those Amendments;

It passed in the Negative.

The Tenth Amendment, being read a Second time, was, upon the Question, agreed.

The Eleventh and Twelfth Amendments being read a Second time;

And the Question being put, To agree with the Lords in those Amendments:

It passed in the Negative.

The rest of the Amendments, to the Twenty-fourth Line in the Ninth Press, being read a Second time, were, upon the Question, severally agreed.

The Amendment in the Twenty-fourth Line in the Ninth Press being read a Second time;

And the Question being put, To agree with the Lords in that Amendment;

It passed in the Negative.

The rest of the Amendments to the Twentieth Line in the Tenth Press, being read a Second time, were, upon the Question, severally agreed.

The Amendments in the Twentieth and One-and-twentieth Lines in the Tenth Press being read a Second time;

And the Question being put, To agree with the Lords in those Amendments;

It passed in the Negative.

The Amendments in the Twenty-fifth and Thirty-sixth Lines in the Tenth Press, being read a Second time, were, upon the Question, severally agreed.

The Clauses sent down from the Lords, to be added to the Bill, being read a Second time;

Ordered, That the Clauses sent down from the Lords to be added to the Bill for the better Securing the Liberty of the Subject, and for Prevention of Imprisonments beyond the Seas, be referred to a Committee; to consider of the same; and report their Opinions therein to the House, the first Business this Afternoon.

And it is referred to Sir Francis Winnington, Serjeant Maynard, Sir John Trevor, Sir Tho. Lee, Mr. Vaughan, Mr. Partheridge, Mr. Hamden, Sir Thomas Clergis, Serjeant Ellis, Mr. Powle, Master of the Rolls, Sir William Poulteney, and all the Gentlemen of the Long Robe that are Members of this House, or any Three of them.

House to sit P.M.

Resolved, &c. That this House will sit this Afternoon.

Ordered, That Sir Thomas Player do go up to the Lords, to acquaint them, That this House doth intend to sit this Afternoon; and desires their Lordships to do the like.

Sir Thomas Player reports, That the Lords have agreed to sit this Afternoon.

Leave of Absence.

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

Removing Papists.

A Message from the Lords, by Sir William Beversham and Sir Edward Low;

Mr. Speaker, The Lords have sent you a Bill, intituled, An Act for freeing the City of London, and Parts adjacent, from Popish Inhabitants; and providing against other Dangers which may arise from Papists: To which they desire the Concurrence of this House.

Irish Cattle.

Sir John Trevor reports from the Committee appointed to prepare and draw up a Bill for prohibiting the Importation of Cattle from Ireland, and other Parts beyond the Seas, and Fish taken by Foreigners, That the Committee had met, and had prepared such a Bill: Which he delivered in at the Clerk's Table.

Ordered, That the Bill be read on Tuesday Morning next, the First Business.

And then the House adjourned till Three of the Clock this Afternoon.

Post meridiem ejusdem diei.

Earl Danby's Pardon.

A Message from the Lords, by Mr. Justice Atkins and Mr. Justice Jones;

Mr. Speaker, The Lords have commanded us to acquaint you, That, according to the Desire of this House, their Lordships have demanded of the Earl of Danby, Whether he would rely upon, and abide by, the Plea of his pardon: And the Earl of Danby, being this Day brought to the House of Lords, made the Answer following by Word of Mouth only;

"The Plea, which I have put in, was put in by the Advice of my Counsel: And my Counsel tells me, That my Pardon is a good Pardon in Law; and advise me to insist upon my Plea put in. Which I now do; and I desire, that my Counsel may be heard, to make out the Validity of my Pardon.

A Debate arising in the House thereupon;

Resolved, &c. That the Consideration of the said Debate be adjourned till Monday Morning the First Business.

Liberty of the Subject.

Sir William Poultney reports from the Committee appointed to consider of the Clauses sent down from the Lords to be added to the Bill for the better Securing the Liberty of the Subject, and for Prevention of Imprisonments beyond the Seas, That the Committee had met; and had considered of the Matter to them referred; and were of Opinion, That the Clauses do stand as Part of the Bill.

The said Clauses being read, were, with the Addition of these Words, "Provided nevertheless, That, after the Assizes are ended, any Person or Persons detained may have his or her Habeas Corpus, according to the Direction and Intention of this Act," after the Word, "appertain," at the End of the First Clause.

Ordered, That the Members to whom the Consideration of the said Clauses was referred, do withdraw; and consider of Reasons to be delivered at a Conference to be had with the Lords, Why this House have disagreed with their Lordships in several of their Amendments to the Bill, intituled, An Act for the better Securing the Liberty of the Subject, and for Prevention of Imprisonments beyond the Seas.

Conference desired with Lords.

Ordered, That a Message be sent to the Lords, to desire a Conference with their Lordships upon their Amendments made to the Bill, intituled, An Act for the better Securing the Liberty of the Subject, and for Prevention of Imprisonments beyond the Seas: And that Sir Robert Markham do go up with the Message.

Warwick Election.

Ordered, That the Report touching the Election for the County of Warwick be made on Wednesday Morning next, at Ten of the Clock.

Conference on Bill for Liberty of the Subject.

Sir Thomas Meres reports from the Members appointed to draw up Reasons to be delivered at a Conference to be had with the Lords, Why this House doth disagree with their Lordships in several of their Lordships Amendments to the Bill, intituled, An Act for the better Securing the Liberty of the Subject, and for Prevention of Imprisonments beyond the Seas, That they had Prepared Reasons: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same were again read, and, upon the Question, severally agreed: And are as followeth, viz.

3 Pr. 9 Line: These Words are but an Explanation, that any Person or Persons, or any in their Behalf, may make the said Request, agreeable to the foregoing Words of the Bill.

4 Pr. 3 Line: The leaving out these Words takes not away the Jurisdiction of other Courts; but the Retaining of them may give Countenance to them through a Mistake; and there can be no Failure of Justice by the Omission of them.

4 Pr. 11 Line: The Admitting of this Amendment may support other kind of Commitments than what are allowed by this Act.

5 Pr. 33 Line: This Amendment depends upon the Reasons given in the Second Amendment disagreed to by the Commons.

5 Pr. 35 Line: The Commons think that these are Words of too much Restriction.

9 Pr. 24 Line: The Commons conceive the Offences named in the Bill, are so heinous, that they cannot agree to diminish the Penalties.

10 Pr. 20 and 21 Lines: Against a bare Accusation and Indictment no Man can be safe, being against the unusual Proceedings at Law.

10 Pr. 56 Line: This Addition gives only more clearly, to the Party grieved, the Remedy intended by the Bill.

Sir Robert Markham reports, That the Lords have agreed to meet this House at a Present Conference in the Painted Chamber.

Ordered, That the Members that prepared the Reasons, do attend, and manage the Conference

Sir Thomas Meres reports, That the Members appointed had attended, and managed the Conference; and left the Bill, Amendments, and Clauses, with the Lords; and delivered the Reasons, Why this House hath disagreed with their Lordships in several of their Amendments.

Committees.

Ordered, That all Committees which are discontinued, be revived; and do sit on Monday next, at Three of the Clock in the Afternoon, in the Places formerly appointed.

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