House of Lords Journal Volume 13: 18 March 1679

DIE Martis, 18 die Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day these Lords following took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, in Pursuance of the Act for the more effectual preserving of the King's Person and Government, by disabling Papists from sitting in either House of Parliament:

Jacob Lord Astley.

Nicholas Earl of Thannet.

Report concerning Appeals and Impeachments of last Parliament.

The Earl of Essex reported, "That the Lords Committees for Privileges, in Obedience to the Order of this House, dated the 17th of this Instant March, have considered of the Matters referred to them, Whether Petitions of Appeals, which were presented to this House in the last Parliament, be still in Force to be proceeded in; as also to consider of the State of the Impeachments brought up from the House of Commons last Parliament, and all the Incidents relating thereunto, and make Report thereof unto the House: And their Lordships, upon Perusal of the Judgement of this House of the 29th of March, 1673, are of Opinion, That, in all Cases of Appeals and Writs of Error, they continue, and are to be proceeded on, in Statu quo, as they stood at the Dissolution of the last Parliament, without beginning de novo. The Judgement and Proceedings being large, are omitted to be repeated; the Journal of this House being ready, wherein that Judgement is entered.

Continuance of Impeachments in Statu quo.

"And, upon Consideration had of the Matter referred to their Lordships concerning the State of the Impeachments brought up from the House of Commons the last Parliament, and all the Incidents relating thereunto, their Lordships find, that the Five Lords who are in The Tower are upon general Impeachment, and the other Lord is impeached with special Matter assigned: They refer the House to the Report made 12 Martii Instant, which states what is entered in the Journal of the last Parliament concerning this Matter. And their Lordships are of Opinion, That the Dissolution of the last Parliament doth not alter the State of the Impeachments brought up by the Commons in that Parliament."

ORDERED, That this Report be taken into Consideration To-morrow Morning, the First Business.

Popish Recusants, for better Discovery of, bill.

Hodie 1 vice lecta est Billa, "An Act for the better Discovery and more speedy Conviction of Popish Recusants."

ORDERED, That this Bill be read the Second Time To-morrow Morning.

Marquis of Dorchester excused.

William Colegrave and Charles Feltham, Servants to the Marquis of Dorchester, upon Oath, deposed, at the Bar, "That his Lordship is so ill at this Time, that he cannot attend this House without Danger of his Life."

Hereupon the House excused his Lordship.

Ly. Abergavenny, Privilege: Presentments against her for Recusancy discharged.

Upon reading the Petition of Elizabeth Dowager Abergaveny; complaining, "That, contrary to the Privilege due to the Peerage of this Realm, the and her Servants were, on the Seventh of January last, presented for Recusancy, at the Quarter Sessions held for the County of Oxford; and praying, that the said Presentments may be discharged:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That, as to the Person of the said Dowager Abergaveny, the said Presentment for Recusancy be discharged, and all further Prosecution be staid; whereof all Persons concerned are hereby required to take Notice, and yield Obedience accordingly.

Her Servants Privilege to be considered.

Upon reading the Petition of Elizabeth Dowager Abergaveny; shewing, "That her Servants were, on the Seventh of January last, presented for Recusancy, at the Quarter Sessions held for the County of Oxford; and praying, that she may have the Privilege of Peerage for her Servants in this Case, they being presented within the Time of Privilege:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Privileges, to consider of the Case set forth in the said Petition, so far as it relates to the Petitioner's Servants; and report their Opinion thereupon to this House.

Howard, Leave to come and stay in Town.

It being moved, by the Duke of Albemarle and Marquis of Winchester, "That Bernard Howard Efquire (for whose civil Deportment they have engaged their Honours to this House) may have Leave to come to Town;" the House made the following Order:

"The House being moved, That Bernard Howard Esquire may have Leave to come to, and stay some Time in Town, to attend some Business of great Importance to him, notwithstanding which, he hath, in Obedience to His Majesty's late Proclamation, withdrawn himself from the Cities of London and Westminster: Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bernard Howard be, and is hereby, authorized to come to, and abide in, the Cities of London and Westminster, or either of them, for the Space of One Month next after the Date of this Order, for attending his said Business, but no longer."

Popish Families in London and Westminster, State of the Laws concerning them.

ORDERED, That the Lord Chief Justice of the Court of Common Pleas and Mr. Baron Thurland do consider of the State of the Laws now in Being, how they now stand, as to the clearing the Cities of London and Westminster from Popish Families, and wherein the said Laws are defective (if they be so) for the Purposes aforesaid, and give this House an Account thereof on Monday next.

Order concerning Papists having Leave to stay in Town.

ORDERED, That in all Cases, for the future, wherein any Peer shall move for Leave for any popish Recusant to come to, and make Stay in, the Cities of London or Westminster, or the Suburbs thereof, such Peer shall declare, upon his Honour, "That he knows the particular Occasions that require such Leave."

Sir Ed. Turner and Gardiner versus Ly. Turner.

Whereas Dame Mary Turner was on this Day to put in her Answer in Writing, to the Petition and Appeal of Sir Edward Turner Knight, and Anne Gardiner Widow, depending in this House against her; and hath prayed, by Petition, "That the Time of putting in her said Answer may be enlarged, in regard of her Counsel's other Affairs, whereby she could not be ready within the Time limited:"

Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Dame Mary Turner hath hereby Time given her to put in her said Answer within Ten Days from the Date of this Order; and hereof the may not fail.

King's and Chancellor's Speeches.

Next, His Majesty's Speech and the Lord Chancellor's Speech were read.

Protestant Religion.

ORDERED, That on Thursday next this House shall be put into a Committee, to consider of the securing of the Protestant Religion.

ORDERED, That the Committee for Privileges do meet on Thursday next.

Ly. Cox and Family, Leave to stay in Town.

This House being moved, "That Dame Joice Cocks (Widow of Sir John Cocks Knight) and Mrs. Katherine Cocks her Daughter with Two Servants, may have Liberty to stay in Town, the said Daughter being sick:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Dame Joice Cocks, with her said Daughter, and John Decus and Anne Mander her Servants, be, and are hereby, authorized and permitted to stay in the Cities of London or Westminster for the Space of One Month, from the Date of this Order, and no longer; the Names of the said Servants being brought in to the Clerk of the Parliament upon Oath.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 19^um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.