House of Lords Journal Volume 13: 22 May 1679

DIE Jovis, 22 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. for condemned Priests to be remanded to the Counties where they were condemned, for Execution;--and to remind the Lords of the Address about raising the Militia of London and Westm.

A Message was brought from the House of Commons, by Sir William Franklin and others:

To acquaint their Lordships, that the House of Commons having made an humble Address to His Majesty, "That He would please to give Order to the Judges, to issue out their Warrants, for executing the several Popish Priests condemned in the several Circuits: And His Majesty having been graciously pleased to signify to the House of Commons, That your Lordships have sent for them, in order (as He conceived) to some Examinations; and the House of Commons being also informed, That the said Priests have, by Order from your Lordships, not only been brought out of the several Countries where they were condemned, but continued yet in Newgate and other Prisons in and about the Cities of London and Westminster, by reason whereof; the Execution of the Sentence pronounced upon them is still delayed; do desire of your Lordships, that the said Priests may be forthwith remanded to the several Countries where they were condemned, that so they may be executed according to the Judgements passed upon them."

ORDERED, That the Consideration of this Part of the Message shall be taken up To-morrow Morning.

"Also, he said, he was further commanded to put your Lordships in mind of the Address concerning the Militia, to which your Lordships have agreed; but is not yet presented to His Majesty."

Address to be presented, for raising the Militia of London and Westm.

ORDERED, That the Earl of Salisbury, Earl of Bridgewater, and Earl of North'ton, do attend His Majesty, to know His Pleasure, when the Two Houses of Parliament shall wait on His Majesty to present their Address concerning the Militia of Midd. and London, and other Parts adjacent.

Earl of Plymouth, Leave to visit E. Danby.

ORDERED, That the Earl of Plymouth hath hereby Leave given him for one Time to visit the Earl of Danby who is now a Prisoner in The Tower.

Message from H. C. with the Bill for

A Message was brought from the House of Commons, by Sir Thomas Clargis and others; who said,

clearing London and Westm. and for a Conference on the Habeas Corpus Bill.

He was commanded to return a Bill sent to the Commons from their Lordships, for clearing the City of London and the Parts adjacent from Popish Recusants; to which the Commons have made Amendments, and desire their Lordships Concurrence thereunto.

2. To desire a Free Conference, upon the Amendments in the Bill for the more effectual securing the Liberty of the Subject.

The Answer returned was:

That the Lords do agree to give a Free Conference, as is desired; and appoint the same to be presently, in the Painted Chamber.

The Lord President, the Lord Privy Seal, the Earl of Bridgewater, and the Lord Wharton, were appointed to manage this Free Conference.

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

Report of the Conference about the Habeas Corpus Bill.

The Lords that managed this Free Conference gave the House an Account, "That the Commons did declare, that they had agreed to all the Amendments to the Bill for the more effectual securing the Liberty of the Subject excepting to Four; many Reasons were given on both Sides, but they came to no Resolution."

ORDERED, That the Debate of this Free Conference is put off to Saturday next.

Report of Precedents and Ways of Proceedings in the Trials of the impeached Lords.

The Lord Privy Seal reported, "That the Committee for the Journal Book, which was appointed to make an Abstract out of the Report concerning the Methods of Proceedings to be observed at the Trials of the Lords in The Tower, of what is fit to be communicated to the House of Commons, and what is requisite to be for the Direction of the Lord Chancellor, have met, and considered thereof, as follows:"

The Preface of the Report to stand; videlicet,

"The Lords Committees for Privileges, to whom it is referred to consider of Precedents and Ways of Proceeding in the Trials and Judicature of the Peers, have perused the Journals of this House; in which the Proceedings in order to the Trials of the Earl of Strafford and the Earl of Pembrooke are entered; and, upon Consideration had thereof, have ordered to report, that the Method of Proceedings agreed to by the House of Peers on the 22th of March, 1677, in order to the Trial of the Earl of Pembrook, be observed in order to the Trials of the Earl of Powis, Viscount Stafford, Lord Petre, Lord Arundell of Wardour, and Lord Bellasise; save only that the Attendance of the Clerk of the Crown in the King's Bench is not to be required, nor any Place to be prepared at the Bar for the King's Counsel; and that the additional Rule for the going of the Eldest Sons of the Peers between the House of Peers above Stairs and Westminster Hall, made the 9th of this Instant May, be observed: Also,

"The Lord Chancellor is to observe Rules and Directions, which are already upon the Journals; of which he is to have an Extract, and therefore not requisite to be entered again here.

"That which is proper to be communicated is as follows:

"That the Earl of Powis, Viscount Stafford, Lord Petre, Lord Arundell of Wardour, and Lord Belasise, and every of them, who are to be brought to their Trial in Westm. Hall, shall have Warrants for such Witnesses as will not come without (Affidavit being first made thereof), excepting such as are Members of the House of Commons, and such Persons as stand charged with the same Treason as the said Lords are charged with; and that such Witnesses as any of the said Lords at their respective Trials shall produce for their Defence shall not be examined upon Oath, in their Case; but may be examined upon Oath, if the Members of the House of Commons do desire it, on their Behalf: And if the said Lords, or any of them, do re-examine the said Witnesses, it is to be upon the same Oath.

"That the Lieutenant of The Tower is to return the Warrant of this House.

"That the said Lords, being brought to the Bar by the Lieutenant of The Tower, are to kneel until the Lord High Steward command them to arise; and then he is to let them know, "That they are this Day to answer to the Accusation of High Treason, wherewith they stand charged, in the Name of the Commons now assembled in Parliament, and in the Name of all the Commons of England; and that this Day they are to receive their Trials for their Lives."

"That the whole Impeachment against them is to be read; and then their Answers: Which being done, the Lord High Steward is to tell the Commons, "That now they may go on with their Evidence."

"Then the Lord High Steward is to declare, "That now the Court is proceeding to hear the Evidence;" and desire the Peers to give Attention.

"If the said Lords shall demand Counsel, the Lord High Steward is to let them know, "That, during the Time that the Members of the Commons do manage their Evidence in Matter of Fact, they (the said Lords) are to use no Counsel."

"If any of the Peers, the Members of the House of Commons that manage the Evidence, or the Prisoners, do desire to have any Question asked; they must desire the Lord High Steward to ask the Question.

"If any Doubt doth arise at the Trial, no Debate is to be in the Court, but the Question suspended to be debated in this House.

"The Peers are to sit upon the Trial but Once a Day, and not to sit past Two of the Clock.

"The Members of the Commons to be set first, before the Peers come.

"None to be covered at the Trial but the Peers.

"That a private Place be made, to put Offenders safely in.

"That the Place between the Prisoners and the Woolsack be clear.

"That such Peers, at the Trial of the said Lords, who at the Instance of the Commons shall be admitted Witnesses, are to be sworn at the Clerk's Table, and the Lord High Steward to administer the Oath, and to deliver their Evidence in their own Places.

"Those Witnesses that are Commoners are to be sworn at the Bar by the Clerk, and are to deliver their Evidence there.

"The Oath which is to be given to the Witnesses is this:

"The Evidence which you shall give, in the Trial concerning the Five Lords Prisoners at the Bar, shall be the Truth, the whole Truth, and nothing but the Truth: So help you God, and the Contents of this Book.

"The said Five Lords may cross-examine Witnesses, viva vice, at the Bar.

"That Notice be given to the Lord Mayor, Aldermen, and Sheriffs of the City of London, and likewise to the Deputy Lieutenants and Justices of Midd. and the Justices of the Peace of the City of Westm. to take Care for the safe-guarding of the Gates and Places, thereby to prevent the Concourse of People resorting to Westm. during the Time of the Trial of the said Lords."

To be communicated to H. C.

This Report was read, and Agreed to; and it is ORDERED, That it be communicated to the Committee of the House of Commons, by the Lords Committees, at their next Meeting.

King to be attended, with the Address concerning the Militia of London and Westminster.

The Earl of Salisbury reported, "That himself and the other Lords have attended His Majesty, to know what Time His Majesty will please to appoint, for both Houses to present the Address to Him, concerning the Militia about London; and His Majesty hath appointed To-morrow, at Three of the Clock in the Afternoon, in the Banqueting-house at Whitehall, for that Purpose."

Message to H. C. to acquaint them with the Day of Trial of the Five Lords;

A Message was sent to the House of Commons, by Sir John Coell and Sir Tymothy Baldwin:

To communicate to the Commons the Order of this House, for appointing Tuesday next for the Trials of the Five Lords in The Tower.

and with the King's Appointment to be attended with the Address.

Also to acquaint them, That the Lords having addressed to His Majesty, to know when He will appoint both Houses to wait upon Him to present their Address concerning the Militia, His Majesty hath appointed Tomorrow, at Three of the Clock in the Afternoon, in the Banqueting-house at Whitehall, to receive their Address.

Order to the Lieutenant of The Tower, to bring the Five Popish Lords to Westminster-hall.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Constable of His Majesty's Tower in London, or, in his Absence, the Lieutenant thereof, be, and is hereby, required to bring William Earl of Powis, William Viscount Stafford, William Lord Petre, Henry Lord Arundell de Wardour, and John Lord Belasyse, now Prisoners there, to the Bar of this House, in Westminster-hall, on Tuesday the Twentyseventh Day of this Instant May, at Nine of the Clock in the Forenoon.

Bill to clear London and Westminster of Papists.

ORDERED, That the Amendments in the Bill concerning the freeing of the City of London from Papists, shall be taken into Consideration To-morrow Morning.

Thomas Ireland to be attached.

ORDERED, That John Briggs be, and is hereby, authorized and required to apprehend and secure Thomas Ireland, so that the said Thomas Ireland may be brought before the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy: And this shall be a sufficient Warrant on that Behalf.

To the said John Briggs, as also to all His Majesty's Officers Civil and Military; who are hereby required to be aiding and assisting in the Execution hereof.

L. Stafford's House to be searched again.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Edmond Warcupp Esquire, One of the Deputy Lieutenants and Justice of Peace for the County of Midd. and City and Liberty of Westminster, taking to his Assistance Sir William Waller and Sir Phillip Mathewes, or either of them, be, and is hereby, authorized, empowered, and required, forthwith further to search the House of the Lord Viscount Stafford, called or known by the Name of Tarthall; and at such Times hereafter as the said Edmond Warcupp shall receive Information, upon Oath, that any Popish Priests, or other dangerous Persons, are, or shall be, harboured there; and to seize and secure all such Persons, in order to their being brought before the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy, in the Lord Privy Seal's Lodgings, near the House of Peers.

Higgin, Keogg, and other Irishmen, detained in Pembrokeshire.

Upon Report made from the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy, concerning some Irish Persons; videlicet, James Higgon, Langlein Keogg, Thomas Eustace, John Dowdswell, and Thomas Conway, driven into Millford-haven by Stress of Weather, and now in Prison in Pembrookshire Gaol, upon Suspicion of being Popish Priests, and for refusing to take the Oaths of Allegiance and Supremacy; which Oaths they have since taken, but are not yet discharged out of Prison:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Case of the said Five Irish Persons be wholly dismissed this House; and that the Justices of Peace for the said County of Pembrooke, and Town and County of Haverford West, be, and are hereby, directed to proceed concerning the said Five Irish Persons, according to Law.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 23^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.