House of Lords Journal Volume 13: 3 May 1679

DIE Sabbati, 3 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. to sit P. M.

A Message was brought from the House of Commons, by Sir Thomas Player Knight, and others:

To let their Lordships know, that the Commons intend to sit this Afternoon; and they desire their Lordships would please to sit likewise.

The Answer returned was:

Answer.

That the Lords have considered their Message, and intend to sit this Afternoon.

E. Danby will abide by his Plea of Pardon.

Then Thomas Earl of Danby was brought to this Bar; and, having kneeled, the Lord Chancellor asked him for his Answer: "Whether he will rely upon and abide by the Plea of his Pardon?"

To which his Lordship gave this Answer, "The Plea I have put in was put in by the Advice of my Counsel; who tell me, that my Pardon is good in Law, and advice me to insist upon my Plea put in: Which I now do; and desire that my Counsel may be heard to make out the Validity of my Pardon; and that Serjeant Barrell and Mr. Pollexsen may be added to the Counsel formerly assigned to me."

Counsel assigned him.

Upon Request made by the Earl of Danby this Day at the Bar, "That Serjeant Barrell and Mr. Pollexsen may be assigned to be of Counsel for him:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Serjeant Barrell and Mr. Pollexfen be, and are hereby, assigned to be of Counsel for Thomas Earl of Danby, now Prisoner in The Tower, together with the Counsel formerly assigned to him, in order to his Defence upon his intended Trial.

Ly. Powis, Privilege, versus Wells & al. for entering her House at Midnight, to secure her Servants.

Whereas, upon Complaint made to this House, and Report made by the Earl of Craven, it appears, "That Anthony Wells Constable, and George Pallsey and Mathew Rutter Headboroughs, with others, entered the House of the Countess of Powis, in Lincoln's-InneFeilds, on the First Instant, about Midnight, who misbehaved themselves there" (as in the Petition of the said Countess of Powis is suggested):

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Anthony Wells, George Pallfey, and Mathew Rutter, be, and are hereby, required to appear at the Bar of this House, to give an Account of their so doing, on Monday the Fifth Day of this Instant May, at Ten of the Clock in the Forenoon; whereof they may not fail, at their Perils.

E. Thanet versus Coniston & al. about Brough Mill, Privilege.

Upon Complaint made to this House, "That Mr. John Coniston, William Dargue, and John Whorton, have forcibly entered into the Possession of Nicholas Earl of Thannet, a Peer of this Realm, the Parliament now sitting; and turned out his Tenant John Horne Milner of Brough Mill:"

Which Proceeding being contrary to the Privilege of Parliament, it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Coniston, William Dargue, and John Whorton, be, and are hereby, required to appear at the Bar of this House, to answer for their said Offences, on Saturday the 17th Day of this Instant May, at Ten of the Clock in the Forenoon; and hereof they may not fail.

Message to H C. with the E. of Danby's Answer.

A Message was sent to the House of Commons, by the Lord Chief Justice of the Common Pleas and Judge Atkins:

To communicate to them the Earl of Danby's Answer given in this Day.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quarta, Dominis sic decernentibus.

Post meridiem.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Supply Bill for disbanding the Forces.

The House was adjourned into a Committee, to consider of the Bill for granting a Supply to His Majesty, for disbanding the Army.

The House was resumed.

And the Earl of Clarendon reported, "That the Committee have made some Progress in the said Bill, but desire that the House may be put into a Committee again on Monday, to proceed; and the Opinion of the Committee is, That a Proviso may be prepared concerning the Isles of Jersey and Guernsey; and that the Committee may have Power to receive a new Clause concerning Landlords and Tenants."

All which the House ordered accordingly.

Message from H. C. for a Conference about the Habeas Corpus Bill.

A Message was brought from the House of Commons, by Sir Robert Markham and others:

To desire a Conference, touching the Amendments sent down by their Lordships in the Bill concerning Habeas Corpus's.

The Answer returned was:

Answer.

That the Lords have considered of their Message, and will give a Conference, as is desired; and the Lords appoint the same to be presently, in the Painted Chamber.

The House appointed these Lords following to be Reporters of this Conference:

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

ORDERED, That the Report of this Conference shall be made on Monday Morning next.

Adjourn.

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