House of Commons Journal Volume 9: 5 May 1679

Lunæ, 5 die Maii, 1679.

Prayers.

Middle-drop's &c. Petition.

A PETITION of Peter Middledorp, Herman Stubbs, David Stolly, Detcless Stolly, and Wickman Lastropp, on Behalf of themselves and several others, Hamburghers, Dantzikers, Polanders, and Lunenburgers; Owners of a Cargo of Goods laden on board the Ship called the Prosperous of London, whereof John Reade was Master; was read.

Ordered, That the Consideration of the said Petition be referred to a Committee; to examine the Matter of Fact set forth in the said Petition; and report the same, with their Opinions therein, to the House: And that they make no Report, till after Ten of the Clock.

And it is referred to Mr. Love, Sir Patience Ward, Sir Robert Carr, Sir Samuel Bernardiston, Sir Nathanael Herne, Sir Richard Corbet, Sir John Knight, Mr. Wright, Mr. Papillon, Sir John Hotham, Sir Robert Dillington, Dr. Jacob, Sir Hugh Bethell, Sir Joseph Tredenham, Mr. Harbord, Sir Edmund Jennings, Sir Thomas Lee, Mr. Pilkington, Mr. Williams, Sir John Hewley, Sir Robert Holmes, Colonel Birch, Mr. Whorwood, Sir Charles Gawdey, Sir Hugh Cholmly, Sir Robert Clayton, Sir Robert Peyton, Mr. Deeds, Serjeant Rigby, Mr. Powle, Sir John Coryton, Mr. Vaughan, Mr. William Coryton, Mr. Gould: And all that come are to have Voices: And they are to meet this Afternoon at Three of the Clock, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.

Mr. Brent to be discharged from Custody.

Sir Thomas Lee reports from the Committee of Secrecy to whom the Consideration of Mr. Brent's Petition was referred, That the Committee had considered of the Matter of the said Petition; and were of Opinion, That there was no Cause further to continue Mr. Brent in Custody; but that he may have Liberty to go to his House in Glocestershire, giving his own Security to appear upon Summons.

Resolved, &c. That the House doth agree with the Committee, That there is no Cause further to continue Mr. Brent in Custody; but that he may have Liberty to go to his House in Glocestershire; and be discharged from the Custody of the Serjeant at Arms, paying his Fees, and giving his own Security to appear upon Summons.

Securing King, &c. against Popery.

Ordered, That the Committee to whom the Bill for securing the King and Kingdom against the Growth and Danger of Popery, is committed, be revived; and do meet this Afternoon at Three of the Clock, in the Place formerly appointed; and do sit de die in diem, until the Bill be reported: And the Care thereof is particularly committed to Sir William Poultney.

Attendance of Members.

A Bill for the better Attendance of Members elected to serve in Parliament, was read the First time.

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

Earl Danby's Pardon.

The House then resumed the adjourned Debate touching the Earl of Danby.

Resolved, Nemine contradicente, That it is the Opinion of this House, That the Pardon pleaded by the Earl of Danby is illegal and void; and ought not to be allowed in Bar of the Impeachment of the Commons of England.

Resolved, Nemine contradicente, That the whole House will go up to the Lords Bar, and demand their Judgment against the Earl of Danby; for that the Pardon by him pleaded is illegal and invalid; and ought not to bar or preclude the Commons from having Justice upon their Impeachment.

Resolved, &c. That a Committee be appointed to prepare and draw up Reasons, upon the Debate of this House, Why this House is of Opinion, That the Pardon pleaded by the Earl of Danby is illegal and void; and ought not to be allowed in Bar of the Impeachment of the Commons of England.

And it is referred to Sir Thomas Littleton, Sir Franc. Winnington, Sir Robert Carr, Master of the Rolls, Mr. Powle, Mr. Sachaverell, Sir Thomas Lee, Sir William Coventry, Mr. Williams, Mr. Seymour, Mr. Vaughan, Serjeant Ellis, Serjeant Maynard, Mr. Hamden, Sir Thomas Meres; or any Three of them.

Message respecting Pickering, and the Fleet.

The Lord Russell acquaints the House, That his Majesty commanded him to let the House know, That his Majesty is willing to comply with the Request made to Him by this House, concerning Pickering; and that the Law shall pass upon him accordingly.

As to the condemned Priests, the House of Peers have sent for them, in order (as his Majesty conceives) to some Examinations.

I am further commanded to acquaint you from his Majesty, That he repeateth his Instances to you, to think of putting the Fleet in such a Posture as may quiet Mens Fears, and, at least, secure us from any sudden Attempts; which his Majesty doubts not but you will do: And though the Streights and Difficulties He lieth under are very great, He doth not intend, during this Sessions, to press for any other Supply; being willing, rather to suffer the Burdens that are upon Him some time longer, than to interrupt you, whilst you are employed about the Discovery of the Plot, the Tryal of the Lords, and the Bills for securing our Religion.

Earl Danby's Pardon.

Ordered, That the Members appointed to draw up Reasons, Why this House is of Opinion, That the Pardon pleaded by the Earl of Danby is illegal and void, do withdraw; and consider of and prepare a Form of Words to be delivered at the Bar of the House of Lords, touching the Illegality and Invalidity of the Pardon pleaded by the Earl of Danby, and the Judgment to be demanded by this House of their Lordships thereupon, against the said Earl.

Judgment to be demanded.

Mr. Hamden reports, That the Members appointed had considered of the Matter to them referred; and had agreed upon a Form of Words to be delivered at the Bar of the House of Lords: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was again read; and is as followeth; viz.

My Lords,

THE Knights, Citizens, and Burgesses, in Parliament assembled, are come up to demand Judgment in their own Names, and the Names of all the Commons of England, against Thomas Earl of Danby, who stands impeached by them before your Lordships of High Treason, and divers High Crimes and Misdemeanors, to which he has pleaded a Pardon: Which Pardon the Commons conceive to be illegal and void; and therefore they do demand Judgment of your Lordships accordingly.

Leave of Absence.

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

King's Speech, &c. to be considered.

Ordered, That the Consideration of his Majesty's and the Lord Chancellor's Speech, made on Wednesday last, to both Houses of Parliament, be adjourned till Wednesday Morning next: And that the Committee of Secrecy do then present to the House an Abstract of such Matters as are contained in the Papers in their Custody, relating to the Duke of Yorke concerning the Plot.

Judgment demanded against Earl Danby.

Ordered, That Mr. Thyn do go up to the Lords, to desire their Lordships to sit for some time longer.

Mr. Thyn reports, That the Lords have agreed to sit for some convenient Time.

Mr. Speaker, with the House, then went up to the Bar of the House of Lords, to demand Judgment against the Earl of Danby, upon the Illegality and Invalidity of the Plea of his Pardon.

And Mr. Speaker, with the House, being returned;

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