House of Commons Journal Volume 9: 8 May 1679

Jovis, 8 die Maii, 1679.

Prayers.

Address for removing the Duke of Lauderdale.

SIR John Trevor reports from the Committee appointed to draw up an Address to be presented to his Majesty, to desire his Majesty to remove the Duke of Lauderdale from all Offices, Employments, and Places of Trust, and from his Majesty's Councils in England and Scotland, and from his Presence for ever, That the Committee had met, and had prepared such an Address: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was again read; and, upon the Question, agreed; and is as followeth, viz.

WE Your Majesty's most Loyal and Dutiful Subjects the Commons, in this present Parliament assembled, finding Your Majesty's Kingdoms involved in imminent Dangers, and great Difficulties, by the evil Designs and pernicious Counsels of some, who have been and are in high Place, Trust, and Authority, about Your Royal Person, who contrary to the Duty of their Places, by their arbitrary and destructive Counsels, tending to the Subversion of the Rights, Liberties, and Properties of your Subjects, and the Alteration of the Protestant Religion established, have endeavoured to alienate the Hearts of Your Loyal Subjects from Your Majesty and Your Government; amongst whom we have just Reason to accuse John Duke of Lauderdale for a chief Promoter of such Counsels, and more particularly, for contriving and endeavouring to raise Jealousies and Misunderstandings between Your Majesty's Kingdoms of England and Scotland, whereby Hostilities might have ensued, and may arise, between both Nations, if not prevented: Wherefore, we Your Majesty's Loyal Subjects could not but be sensibly affected with Trouble to find such a Person (notwithstanding the repeated Addresses of the last Parliament) continued in Your Councils at this Time, when the Affairs of Your Kingdom require none to be put into such Employments but such as are of known Abilities, Interest, and Esteem in the Nation, without all Suspicion of either mistaking or betraying the true Interest of the Kingdom, and consequently of advising Your Majesty ill. We do therefore most humbly beseech Your most Sacred Majesty, for the taking away the great Jealousies, Disaffections, and Fears, amongst Your good Subjects, That Your Majesty will graciously be pleased to remove the Duke of Lauderdale from Your Majesty's Councils in Your Majesty's Kingdoms of England and Scotland, and from all Offices, Employments, and Places of Trust, and from Your Majesty's Presence for ever.

Resolved, &c. That this House will, in a Body, attend his Majesty with the said Address.

Ordered, That such Members of this House as are of his Majesty's Privy Council, do desire to know of his Majesty, When this House may attend his Majesty with the Address this Day agreed to.

Supply Bill; disbanding the Army.

The House then took into Consideration the Amendments made by the Lords to the Bill for granting a Supply to his Majesty of Two hundred and Six thousand Four hundred Sixty-two Pounds Seventeen Shillings and Three Pence, for paying off and disbanding the Forces raised since the Twenty-ninth of September 1677.

And the First, Second, Third, Fourth, and Fifth Amendments, being twice read, were, upon the Question severally agreed.

The Sixth and Seventh Amendments being for leaving out "John Lord Roos, Son and Heir apparent to the Earl of Rutland," being read a Second time;

And the Lord Roos having being called up to the House of Peers, since the Bill was sent up to the House of Lords;

Resolved, &c. That this House doth agree with the Lords in the said Amendments.

The rest of the Amendments to the 102d Skin 6 Line, being twice read, were, upon the Question, severally agreed.

The Amendment in the 102d Skin 6 Line, being read a Second time;

And the Question being put, For agreeing with the Lords in that Amendment;

It passed in the Negative.

The rest of the Amendments, to the End of the Bill, being twice read, were, upon the Question, severally agreed.

The Two Clauses, to be added at the End of the Bill, being twice read;

And the Question being severally put, To agree with the Lords in the said Clauses;

It passed in the Negative.

Ordered, That a Committee be appointed to draw up Reasons to be delivered at a Conference, to be had with the Lords, Why this House had disagreed with their Lordships in several of their Amendments to the Bill for paying off and disbanding the Army.

And . . is referred to Sir Thomas Lee, Sir John Trevor, Sir Robert Carr, Mr. Seymour, Mr. Boscawen, Mr. Garraway, Mr. Powle, Mr. Hales, Sir Chr. Musgrave, Colonel Birch, Sir Thomas Clarges, or any Three of them, to prepare and draw up the same.

Earl Danby's Impeachment.

Sir Thomas Clerges reports from the Committee appointed to inspect the Journals and search Precedents relating to the Message Yesterday sent from the Lords, relating to the Earl of Danby, That the Committee had met; and had taken into Consideration the Matters to them referred; and had agreed upon a Report to be made to the House: 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;

That the Committee finds, that, on the like Occasion, the House of Commons have appointed a Select Committee to join with a Committee of the Lords, to consider of the Methods and Circumstances to be observed in the Tryals.

Leave of Absence.

Ordered, That Sir Francis Winnington have leave to go into the Country till Monday next.

Popish Plot.

Ordered, That Mr. Seymour, Sir Tho. Stringer, Sir Tho. Clargis, Mr. Treby, and Sir Thomas Player, do immediately repair to Mr. Harcourt, and take his Examination relating to the Plot; and report the same, if they see Cause, to the Committee of Secrecy.

House sits P. M.

Resolved, &c. That this House will sit this Afternoon: And that Sir William Franklyn do go up to the Lords, and acquaint them therewith; and desire their Lordships will do the like.

Drake's Estate.

A Message from the Lords, by Sir Samuel Clerke and Sir John Hoskins;

Mr. Speaker, The Lords have sent you a Bill, intituled, An Act to confirm certain Leases made by John Drake, and others; and to enable Sir Francis Drake to make a Jointure, and raise Portions for his Daughters and younger Children: To which they desire the Concurrence of this House.

Lords sit P. M.

Sir William Franklyn reports, That the Lords have agreed to sit this Afternoon.

Supply Bill; disbanding the Army.

Sir John Trevor reports from the Committee appointed to draw up Reasons, Why this House cannot agree with several of the Amendments made by the Lords to the Bill for disbanding the Army, Reasons agreed upon by the Committee: 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, agreed: And are as followeth; viz.

5th Press, The Commons conceive the Clause to be unnecessary, because the Bill hath a relative Clause to the Act for the Building of the Ships; wherein the Clause desired by their Lordships is enacted.

That their Lordships Amendment, touching Guernsey and Jersey, is such a Disposition of Money as the Commons have great Reason to be tender of, from former Experience: It alters the Bill in several Parts; and would be of dangerous Consequence, if admitted.

That the Fifty thousand Pounds, mentioned in the last Amendment, is already appropriated to the paying off and disbanding the Army; and so there needs no such Clause: And the Altering of such Appropriation, by a subsequent Act, would destroy the Credit of any Appropriation to be hereafter made by Act of Parliament.

Earl Danby's Impeachment.

Ordered, That Mr. Sachaverell Sir Thomas Meres, Sir William Coventry, Sir Richard Cust, Mr. Vaughan, Mr. Foley, Mr. Swinfen, Mr. Woogan, Sir Thomas Lee, Mr. Powle, Colonel Titus, Sir John Trevor, Sir Henry Capell, Sir Robert Carr, Sir William Hickman, or any Three of them, do immediately withdraw, and prepare Matter and Heads, upon the Debate of the House, for a Conference to be had with the Lords, upon the Subject Matter of the last Message sent from the Lords, relating to the Earl of Danby, and the other Lords impeached; and present the same to the House.

Drake's Estate.

An ingrossed Bill, sent from the Lords, intituled, An Act to confirm certain Leases made by John Drake, and others; and to enable Sir Francis Drake to make a Jointure, and raise Portions for his Daughters and younger Children, was read the First time.

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

Lost Records of Fines.

A Bill for the Re-ingrossment of the Records of Fines, lost or burnt by the late Fire in the Temple, was read the First time.

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

Popish Plot.

Ordered, That it be referred to Mr. Mildmay, Mr. Buller, Colonel Birch, Sir Gilbert Gerrard, Serjeant Rigby, Mr. Hamden, to take the Examination of John Sidway, touching the Plot; and report the same to the House, or the Committee of Secrecy, as they shall see Cause.

Liberty of the Subject.

Ordered, That it be Part of the next Message to the Lords to remind their Lordships of the Bill, intituled, An Act for the better Securing the Liberty of the Subject; and for Prevention of Imprisonments beyond the Seas.

Earl Danby's Impeachment.

Mr. Powle reports, That the Members appointed had prepared Matter and Heads, upon the Debate of the House, for a Conference to be had with the Lords upon the Subject Matter of the last Message sent from their Lordships, relating to the Earl of Danby, and the other Lords impeached: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was again read; and, upon the Question, agreed: And is as followeth; viz.

"The Commons suppose your Lordships do intend, in all your Proceedings upon the Impeachments now depending before your Lordships, to follow the usual Course and Methods of Parliament; and the Commons cannot apprehend, what should induce your Lordships to address his Majesty for a Lord High Steward, in order to the determining the Validity of the Pardon, which hath been pleaded by the Earl of Danby to the Impeachment of the Commons, as also for the Tryal of the other Five Lords; because we conceive the Constituting of a High Steward is not necessary; but that Judgments may be given in Parliament, upon Impeachment, without a High Steward."

"There being several other Matters contained in your Lordships Messages, touching the Tryal of the Lords impeached; which, if not settled, may occasion several Interruptions and Delays in the Proceedings; the House of Commons do therefore propose to your Lordships, That a Committee of both Houses may be nominated to consider of the most proper Ways and Methods of Proceedings upon Impeachments of the House of Commons, according to the Usage of Parliament, that thereby those Inconveniencies may be avoided."

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

Post meridiem ejusdem diei.

Dale's Estate.

AN ingrossed Bill for the Sale of the Lands of Charles Dale Esquire, deceased, for Payment of his Debts, and Provisions for his Daughters, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for the Sale of the Lands, late of Charles Dale, of the County of Rutland, Esquire, deceased, for Payment of his Debts, and Provision for his Daughters and Co-heirs: And that Sir John Hewley do carry up the Bill to the Lords, for their Concurrence.

Remaning Papists.

An ingrossed Bill, sent from the Lords, 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; was read the Second time.

Resolved, &c. That the Bill be committed to the Committee to whom the Bill for securing the King and Kingdom against the Growth and Danger of Popery stands committed: And that Mr. Deeds, and Doctor Jacob, be added to the said Committee.

Conference desired with Lords.

Ordered, That Sir Christopher Musgrave do go up to the Lords, to desire a Conference upon the Subject Matter of the last Message relating to the Earl of Danby, and the other Five Lords, impeached.

Attendance of Members.

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

Resolved, &c. That the Bill be committed to Mr. Hamben, Lord Ancram, Mr. Seymour, Mr. Savage, Sir Edmund Jennings, Sir John Mallet, Serjeant Rigby, Colonel Whitley, Sir Thomas Meres, Sir Thomas Player, Mr. Foley, Sir Walter Ernle, Mr. Lewis, Sir Robert Howard, Mr. Whorwood, Sir Francis Drake, Sir William Hickman, Colonel Kirby, Mr. Palmes, Sir Walter Baggot, Sir Richard Corbett, Sir Roger Hill, Mr. Wyn, Mr. Papillon, Sir Henry Goodrick, Mr. Love, Sir Robert Peyton, Sir Henry Calverley, Sir Robert Markham, Colonel Titus, Mr. Lambert, Mr. Thyn, Sir Gilbert Gerrard, Sir Philip Egerton, Mr. Reynell, Mr. Upton, Sir William Bastard, Mr. Duboyes, Sir Scrope Howe, Sir John Knight, Sir John Talbot, Mr. Harboard, Mr. Ash, Mr. Hopkins, Sir William Franklyn, Sir William Robarts, Sir Robert Carr: And they are to meet To-morrow at Three of the Clock in the Afternoon, in the Speaker's Chamber.

Lords agree to Conference, &c.

Sir Christopher Musgrave reports, That he had attended the Lords, and their Lordships had agreed to a present Conference in the Painted Chamber; and also, That he had reminded their Lordships of the Bill for better securing the Liberty of the Subjects; and for Prevention of Imprisonments beyond the Seas.

Ordered, That the Persons that prepared the Matter for the Conference, do attend and manage the same: And that Colonel Birch, Sir William Coventry, Mr. Hamden, Mr. Seymour, Sir Robert Carr, Sir Christopher Musgrave, be added to the said Managers.

Conference on Supply Bill.

Ordered, That Mr. Gray do go up to the Lords, to desire a Conference about the Amendments made by their Lordships to the Bill for granting a Supply to his Majesty of Two hundred and Six thousand Four hundred and Sixty-two Pounds Seventeen Shillings and Threepence, for paying off and disbanding the Forces raised since the 29th of September 1677.

Mr. Gray reports, That the Lords had agreed to a present Conference in the Painted Chamber.

Ordered, That the Persons, that drew up the Reasons, do attend, and manage the said Conference: And that Sir Thomas Meres, Colonel Birch, Colonel Titus, Mr. Seymour, Mr. Solicitor, be added to the said Managers.

And accordingly the Members went up; and delivered their Reasons; and left the Bill and Amendments with the Lords.

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