House of Lords Journal Volume 13: 4 April 1679

DIE Veneris, 4 die Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Danby, Attainder Bill.

Hodie 3^a vice lecta est Billa, "An Act for the Attainder of Thomas Earl of Danby of High Treason, in case he shall return into, or be found in, any of the King's Dominions, after the First Day of May, 1679."

The Question being put, "Whether this Bill, with the Amendments, shall pass?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentientibus,

"Berkeley.
Northampton.
"Lawarr.
Ailesbury.
"R. Arundell.
Byron.
Lindsey.
"Hatton."

ORDERED, That this Bill, with the Amendments, be communicated to the House of Commons, at a Conference, for their Concurrence thereunto.

Heads for a Conference about the Bill.

The House appointed the Lord Privy Seal, the Earl of Essex, Vicecomes Fauconberg, and the Lord Colepeper, to consider what is fit to be said to the House of Commons at this Conference.

The Lords presently withdrew.

And being returned;

The Lord Privy Seal reported, in Writing, what they thought fit to be said to the House of Commons; which was read, as follows:

"The Lords House have chosen the Way of Delivery of this Bill at a Conference, rather than by Message, the better to preserve a good Understanding between the Two Houses; which they shall always endeavour.

"And, to prevent Debates and Controversy as much as may be, their Lordships do observe, that the greatest Affairs of Parliament are at a Stand, in the Time of the greatest Difficulties and Dangers, both at Home and Abroad, that this Kingdom hath ever been known to lie under.

"They observe also, and none of us but must with Comfort remember, that His Majesty hath ever set Himself in a Way of Clemency and Mercy to all His Subjects; so that His Reign hath been to this Time merciful and compassionate; and their Lordships were unwilling the First Interruption thereof should be by the Two Houses pressing His Majesty to the utmost Severity in this Case, that hath interrupted greater Affairs so long; and therefore have passed your Bill with some Amendments, which they hope and desire the House of Commons Concurrence in."

The House approved of this Paper.

Message to H. C. for this Conference.

A Message was sent to the House of Commons, by Sir Miles Coke and Sir John Francklyn:

To desire a present Conference, in the Painted Chamber, touching the Bill concerning Thomas Earl of Danby.

The Lord Privy Seal, the Earl of Huntingdon, Earl of Bridgewater, Earl of Essex, Earl of Shaftesbury, Vicecomes Fauconberg, Vicecomes Hallyfax, and Lord Colepeper, were appointed to be Managers of the Conference:

The Messengers return with this Answer:

Answer.

That the House of Commons will give a Conference, as is desired.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference.

And the Lord Privy Seal reported, "That the Managers had delivered at the Conference what they were directed."

Bill to clear London and Westm. of Papists.

Upon Report made from the Lords Committees for the Bill for freeing the City of London and Parts adjacent from Papists, "That their Lordships, assisted by the Lord Chief Justice of the Court of Common Pleas, find it convenient that the Provisions to be made by a Bill for clearing the Inns of Court and Chancery, The Doctors Commons, The College of Physicians and Heralds Office, from Papists, may be added to, and made Part of, this Bill:"

It is ORDERED, That the said Bill now under Consideration be fitted by the Lords Committees to the Purposes aforesaid, and so reported to the House.

Mrs. Brathwaite, Leave to stay in Town.

Upon reading the Petition of Mary Brathwaite Widow; shewing, "That, in Obedience to His Majesty's Proclamation of the 30th of October last, she hath endeavoured to absent herself from London and Westminster; but, by reason of her great Age and Infirmity of Health (as is certified by her Physician), she cannot remove without great Danger of her Death; and praying that she may therefore have Leave to stay some longer Time in Town:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mary Brathwaite, with her Niece, and One Maid Servant, be, and are hereby, authorized and permitted to stay in the Cities of London and Westminster, or either of them, for the Space of One Month from the Date of this Order, for the Recovery of her Health, but no longer.

E. Manchester, Privilege: Harvey & al. to be attached, for entering upon his Manor of Harlow, &c.

Upon Complaint made to this House, and Oath made by Joseph Barnes and Isaac Kilborne, at the Bar, "That Richard Harvey, Edmond Mewtos, Henry Smith, John Lambert, and John Thorpe, did, on or about the 22th of February last, enter upon the Inheritance of the Earl of Manchester, a Peer of this Realm, in the Manor of Harlow and Needington, nigh St. Ives, in the County of Huntingdon, and broke down his Fences, and plowed up the Ditches there made to fence his Ground, and keep his Servants out of Possession of his House built thereon:"

Which Proceedings being contrary to the Privilege of Parliament; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy or Deputies, do forthwith attach the Bodies of the said Richard Harvey, Edmund Mewtos, Henry Smith, John Lambert, and John Thorpe, and bring them in safe Custody to the Bar of this House, to answer for their said Breach of Privilege; and this shall be a sufficient Warrant on that Behalf.

To Sir Geo. Charnock, Serjeant at Arms attending this House, his Deputy and Deputies, and to all His Majesty's Officers Civil and Military, to be aiding and assisting in the Execution hereof.

Time enlarged for bringing in Appeals and Writs of Error.

Whereas the Time limited by Order of this House for bringing in Appeals and Writs of Error is now expired; wherein, since the Meeting of this Parliament, this House hath had but little Leisure to admit the presenting thereof:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Time limited for the Purpose aforesaid be, and is hereby, enlarged to Friday the 18th Day of this Instant April; and that in the mean Time the Delivery of any such Appeals to the Clerk of the Parliaments shall be a sufficient possessing of the House therewith: And it is further ORDERED, That this Order be affixed to the Doors of this House, to the End that all Persons concerned may take Notice thereof.

Sir Philip Mathewes empowered to take up Priests.

Upon Information given to this House, "That Sir Phillip Mathewes can make Discovery of some Popish Priests:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Philip Mathewes be, and is hereby, authorized and empowered to search for and apprehend any Popish Priest, or any Person suspected to be guilty of High Treason, in all such Places as he shall have Cause to suspect any such Person or Persons to be sheltered in; and for his so doing, this shall be a sufficient Warrant.

To Sir Philip Mathewes, and all His Majesty's Officers Civil and Military, to be aiding and assisting in the Execution hereof.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 5^um instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.