A True COPY OF THE JOURNAL-BOOK Of the LAST Parliament, BEGUN At Westminster the sixth day of March 1678/ 9. Containing the Transactions from the first Day of their Sitting, to the Day of their Prorogation and Dissolution. Wherein is comprised A fuller and further Discovery of the Popish Plot. WITH Several other Remarkable Passages, which with the preceding JOURNAL, lately Printed, declares the History of that Horrid Conspiracy. LONDON, Printed in the Year MDCLXXX. The Preface To the READER. THE former Journal of the honourable House of Commons, lately published, found so good a Reception amongst persons of Quality, that it hath given encouragement to the second to appear in Print. The purchase of so many written copies as have been dispersed at so great rates( notwithstanding the many imperfections they are fraught withal) demonstrates sufficiently, the value curious people sets upon them; how much more acceptable therefore must they needs be, when purged from their Errors, and brought down to such a reasonable price, as to afford Gentlemen the benefit of them in their Libraries, without any great Tax upon their Purses. The other volume gave the first light of the Discovery of the Popish PLOT; which is made more manifest in this same: For here the Curtain is drawn open, the Scenes plainly appear, the Actors are brought upon the public Stage, the fair mask of Religion is plucked off from the Fowl Face of Treason, which appears in its own dismal hue, so ugly, as to make all conscientious Men, of what profession soever to start at the horrid sight of it. Nay so far did they go on in the pursuit after these Sons of Darkness, as to detect the very Soul of this Contrivance, and wanted but little of doing them that Justice as would have put an End to this Infamous Tragedy; which is now left till another Season to be completed upon those Wretched Conspirators. Besides this, here are many other extraordinary matters contained in these few sheets; to ennumerate them, were to transcribe the Journal, which being the complete Account of a whole Session, must be of great weight to considering men. The literal mistakes of the Press, is not( as we hope,) a Sin above the mercy of the Candid Reader. God long preserve his Sacred Majesty, and make his two Houses of Parliament Successful in all their good Counsels and Undertakings, farewell. Parliamentum inceptum& tentum apud Civitatem Westmonasterij, die Jovis sexto Martij, Anno Regni Domini nostri Caroli Secundi Dei Gratia Angliae, Scotiae, Franciae& Hiberniae Regis, fidei Defensor, &c. Tricessimo primo, Annoque Domini 1678/ 9. ON which day, being the first day of the Sessions of this Parliament, about eight of the Clock in the morning, the Right honourable Henry Earl of Arlington, Lord Chamberlain of his Majesties household; John, Earl of Bridge▪ water; Henry, Earl of Clarendon; W●lliam, Earl of Craven▪ Francis Viscount Newport, Treasurer of his Majesties household, with divers other Lords, who were Deputed by the Right Noble, James Duke of Ormond, to Administer the Oaths of Allegiance and Supremacy to all persons returned as Members, before they sate in the House, came into the Inner-Court of Wards, being the place by them appointed for that purpose, and the Clerk of the Crown presenting a List of the Knights, Citizens, Burgesses and Barons Returned, to serve in this present Parliament, and the Clerk of the House of Commons attending according to the duty of his place: The said Lords did according to the power to them given, Orderly and distinctly Administer the said Oaths to all the Members who then appeared, and a List was taken of the Names of all the Members that took the said Oaths, and after the Members had seated themselves in the House of Commons; A Message was delivered from the King by Sir Edward Carteret, Usher of the Black rod, as followeth, Gentlemen of the House of Commons, The King Commands this honourable House to attend him immed●ately in the House of Lords. And accordingly the House went up to attend his Majesty in the House of Lords, who was pleased to make a Speech to them, and a Speech being also made to them by the Lord Chancellor, both which were formerly Printed. THE JOURNAL OF THE House of COMMONS. Jovis Sexto Martij. 1678. HIS Majesties and Lord Chancellors SPEECH being ended; The Members afterwards returned to the House, and having taken their Seats; colonel Birch did put them in mind of his Majesties Command, to choose a Speaker, and did Nominate and Recommend to the House, The Right Honourable Edward Seymour Esq; Knight of the Shire, for the County of Devon, Treasurer of his Majesties Navy; one of his Majesties most Honourable Privy council, and Speaker of the former Parliament, being a person acceptable to the King, and one, who for his great Integrity, Ability, and long Experience in the employment, was the fittest person for so great a Trust. And Mr. Seymour, being unanimously called upon to the Chair, was conducted thither, by Sr. Thomas Lee, Sr. Thomas Whitmore, and divers other Members, and being there placed, made a Gratulatory Speech to the House, for their great kindness and affection towards him, in their Unanimous choice of him; but desired the House, that they would proceed to a new Election, for that the long sittings of the late Parliament, had so impaired him in his health, that he doubted he should not be so well apt to undergo the Service of the House, as would be expected from him: But the House not admitting of any Excuse from him, confirmed their choice; whereupon he desired leave, that he might intercede with his Majesty, that he would be pleased to discharge him of the Duty. The Mace was brought in and placed under the Table, and the House being made acquainted, that the King had appointed three of the clock, to morrow in the afternoon for them to present their Speaker. Adjourned till to morrow two of the Clock in the Afternoon. Veneris 7. die Marcij. 1678. THE House being met, and Mr. Speaker Elect, having taken the Chair. A Message was delivered from the King, by Sir Edward Carteret, Usher of the Black Rod, as followeth. Gentlemen of the House of Commons. The King Commands this Honourable House, to attend him, immediately in the House of Lords. And accordingly they went up with the Speaker Elect. And his Majesty not approving, the Choice made by the House of their Speaker, commanded the House to return, and to proceed to the Election of a new Speaker, and to present him to morrow at eleven of the clock. And the Members being returned and seated in the House. A motion being made that the House should Adjourn till to morrow morning. And that in the mean time, the Members would search Presidents and consider, what proceedings were fit to be had herein. The House upon a Question put by the Clerk. Adjourned till to morrow morning, nine of the clock. Sabbati 8 die Marcij. 1678. THE House being sate, and taking into consideration, the matters relating to the Speaker. Resolved, nemine contradicente. That an humble Application be made to his Majesty, to acquaint his Majesty, that the matter yesterday delivered by my Lord Chancellor, relating to the Speaker, is of so great importance, that this House cannot immediately come to a resolution therein, and therefore, humbly to desire his Majesty, that he will graciously be pleased, to grant some further time for this House to take the matter into Consideration, and that Mr. Chancel. of the duchy, The Lord Russel, The Lord Cavendish, And Sir Henry Capel. do attend his Majesty with the Vote. The Lord Russel acquaints the House, that the persons appointed, had attended his Majesty, who was sitting in council, and that his Majesty, so soon as he was made acquainted that they were to wait upon him, from this House, immediately came forth to them, and receive them with great cheerfulness and kindness, and having delivered their Message, his Majesty went in again, to the council Chamber, and being come out again, was pleased to return an Answer by word of Mouth; and that they had, to prevent mistakes, put the same into Writing, which was as followeth. Gentlemen, I have Considered of your Message, and do consent to a further time, which I appoint to be on Tuesday next, unless you shall find some Expedient in the mean time, for as I would not have my Prerogative entrenched upon, so I would not do any thing against the privileges of this House. Ordered that Mr. Sacheverel, Sir Thomas Lee, Mr. Powle, Mr. Vaughan, Mr. Hamden, Mr. Williams, Mr. Reynell or any three of them be appointed, to inspect the Journal of the House of Lords, and see what entries are made, of the Kings Answer, yesterday to this House, upon presenting of the Speaker, and Report the same to the House, on monday morning. And then the House upon the Question put by the Clerk, Adjourned till monday morning nine of the Clock. Lune 10. die Marcij 1678. SIR Thomas Lee Reports, that the Persons appointed to Inspect the Journal of the House of Lords, and see what entries were there made of the Kings Answer, to this House, upon presenting of the Speaker: That they repaired to the Clerk of the House of Lords, who told them, that he had drawn up some Minutes, but had made no Entry, and that the minutes were delivered to the Lord Chancellor, and that he knew not when they would be returned. The House then taking into Consideration, the matter relating to a Speaker. Resolved, &c. That there be an humble Representation drawn up, to be presented to his Majesty, in the matter relating to the Speaker, and that Mr. Sacheverel, sergeant Maynard, Mr. Vaughan, Sir Thomas Lee, Sir Henry Capel, Master of the Rolls, Mr. Hamden, Mr. Williams, Mr. John Trenchard. Mr. Powle, Sir Robert Carr, Mr. Swinfen, Mr. Garraway, Sir Thomas Clargis. Or any five of them, be appointed to draw up the same. And then the House, upon the Question put by the Clerk. Adjourned till to morrow morning eight of the Clock. Martis 11 die Martij 1678. MR. Powle Reports that the persons appointed to draw up the humble Represenation, to be presented to his Majesty, in the matter relating to the Speaker, had drawn the same up, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was again red, and upon he Question agreed, and is as followeth. WEE your Majesties most Dutiful and Loyal Subjects, Th● Co●mons in this present Parliament Assembled, do with all Obedience, return your Majesty, most humble and hearty thanks, for the favourable Representation, and gracious Answer, your Majesty was pleased, not only to allow us a longer time to deliberate, of what was delivered to us by the Lord Chancellor, relating to the choice of a Speaker, but likewise to express so great a care not to infringe our privileges, and we desire your Majesty to believe, no Subjects ever had a more tender regard than ourselves to the Right of your Majesty, and your Regal Prerogative, which we shall always aclowledge to be vested in the Crown, for the benefit and Protection of your people, and therefore for the clearing of all doubts, that may arise in your Royal M●nd, upon this occasion, now before us; We crave leave, humbly to Represent to your Majesty, the undoubted Right of the Commons, to have the free election of one of their Members, to be their Speaker, and to perform the service of the House, And that the Speaker, so Elected and presented according to Custom, hath by the constant practise of all former Ages, been continued Speaker, and executed that employment, unl●ss, such persons, have been excused, for some Corporal Disease, which has always been alleged, either by themselves, or some others in thier behalf, in full Parliament. According to this Usage, Mr. Edward Seymour, was unanimously chosen, upon consideration of his great ability and sufficiency for that place, of which we have had large Experience, in the last Parliament, and was presented by us to your Majesty, as a person we thought would be most acceptable to your Royal judgement. This being the true state of our Case, we do in all humility lay it before your Majesties view, hoping that your Majesty, upon due consideration of former Presidents, will rest satisfied with our procendings, and will think fit not to deprive us of so necessary a Member, by employing him in any other service, but to give us such a gracious Answer, as your Majestiy and your Royal Predecessors have always don heretofore, upon the like occasions, that so we may without more loss of time, proceed to the dispatch of those Important affairs for which we were Convened, wherein we doubt not but we shall so behave ourselves, as to give an ample Testimony, to the whole World, of our duty and affection to your Majesties Service, and of our care of the Peace and Prosperity of all your Kingdoms. Ordered, That the Members who formerly waited upon his Majesty, together with Mr. Powle, Mr. Booth, Mr. Chancellor of the Exchequer, and Mr. Noel, do attend his Majesty with the said Representation. Mr. Powle, Reports, that the Persons appointed, had attended his Majesty, with the Representation, and that so soon as they had red the same to him, his Majesty was pleased to return this Answer▪ Gentlemen, All this is but loss of time, and therefore I desire you to go back again, and do as I have directed you, A Debate thereupon arising in the House, that there be another Address made to his Majesty, humbly to desire his Majesty, that he would be graciously pleased▪ to take the Representation; this day made to him, into farther Consideration. Resolved, &c, That the Debate be Adjourned, till to morrow morning▪ nine of the Clock. And then the House ourned till to 〈◇〉 morning ning nine of ock. Mercury 12. die Marcij 1678. THE House resuming the Debate yesterday Adjourned. Resolved, &c. That there be another Address made to his Majesty; humbly to desire his Majesty, that he would be graciously pleased, to take the Representation yesterday made to him, into further Consideration, and the Members who drew up that Representation, be appointed to draw up the said Address: and that Sir Francis Winnington and Sir John H●wly be added to them. Mr. Powle Reports, that the persons appointed to draw up the Address, to be presented to his Majesty, had drawn the same up, which he red in his Place, and afterwards delivered the same in at the Clerks Table, where the same was red, and is as followeth. Most gracious sovereign. Whereas by the gracious Answer, your Majesty was pleased to give to our first Message in Council, whereby your Majesty was pleased to declare, a Resolution, not to infringe our just Rights and privileges; WE your Majesties most dutiful and Loyal Commons, were encouraged to make an humble Representation to your Majesty, upon the choice of our Speaker, which on Tuesday last, was presented to your Majesty, by some of our Members: We do with great trouble, and infinite sorrow, find by the Report made to us, by those Members at their return, that your Majesty was pleased to give us an immediate Answer to the same, without taking any farther Consideration, which we are persuaded, if your Majesty had done what we then offered to your Majesty, would so far have prevailed, upon your Royal judgement, as to have given your Majesty satisfaction in the reasonableness of our desires, and peserved us in your Majesties favourable Opinion, of our proceedings. And since we do humbly conceive, that the occasion of this Question hath arisen, from your Majesties not being truly informed, of the state of the Case, we do humbly beseech your Majesty, to take the said Representation, into your further Consideration, and give such a gracious Answer, as that we may be put into a Capaeity to manifest our readiness, to enter into those Consultations, which necessary tend to the preservation and welfare of your Majesty and your Kingdoms. Ordered, That the persons that attended his Majesty, with the Representation, do attend his Majesty, with this Address. Mr. Powle Reports, that the persons appointed to attend his Majesty, therewith, and after they had red the same, his Majesty was pleased to return this Answer. Gentlemen, I will sand you an Answer to morrow. And then the House Adjourned till to morrow morning nine of the clock. Jovis 13. die Martij 1678. A Message from the King, by Sir Edward Carteret, Usher of the Black Rod. Gentlemen of the House of Commons. The King commands this Honourable House, to attend him immediately, in the House of Lords; and accordingly the House went up▪ to attend his Majesty, in the House of Lords, where his Majesty was pleased to Prorogue this Parliament until Saturday next. Sabbati 15. die Martij. 1678. A Message from the King by Sir Edward Carteret, Usher of the Black Rod. Gentlemen of the House of Commons. The King commands this honourable House, to attend him immediately in the House of Lords, and accordingly the House went up to attend his Majesty, and being returned. The Lord Russel put the House in mind, of the Kings commands, to proceed to the choice of a Speaker, and did nominate and recommend to the House, Mr. sergeant Gregory, as a person for his great Learning and Integrity, fit for the employment; and Mr. sergeant Gregory, being unanimously called upon to the Chair, he standing up in his place, did in a short Speech, modestly disable himself, and desired the House to Excuse him, and proceed to the choice of an other person, but no Excuse being admitted he was conducted to the Chair, by the Lord Russel and the Lord Cavendish, and then again, desiring the House to Excuse him, but no Excuse being admitted, the Mace was brought into the House, and placed under the Table. And the House being made acquainted, that his Majesty had appointed Munday-morning, ten of the clock, for the House to present their Speaker. And then the House Adjourned till monday morning, nine of the Clock. Lunae 17. Die Martij 78. THE House being met, and Mr. Speaker Elect having taken the Chair. A Message was delivered from the King by Sir Edward Carteret, Usher of the Black rod. Gentlemen of the House of Commons, The King Commands this honourable House to attend him immediately in the House of Lords. And the House with Mr. Speaker Elect, went up to attend his Majesty; and his Majesty having approved of Mr. Speaker, the House with Mr. Speaker returned, the Mace being carried before him. And Mr. Speaker having taken the Chair, did in the first place himself, take the Oaths of Allegiance and Supremacy, and repeat and subscribe the Declaration pursuant to the Act of Parliament, entitled an Act for the more effectual preserving of the Kings Person and Government, by disabling Papists from sitting in either House of parliament; and afterwards a great number of the Members did likewise take the said Oaths, and repeat and subscribe the said Declaration at the Clerks Table, pursuant to the said Act. And then the House adjourned till to morrow morning eight of the Clock. Martis 18. Die Martii 78. THe House being sate, the Members that had not already taken the Oaths of Allegiance and Supremacy, and subscribed the Declaration contained in the Act, entitled An Act for the more effectual preserving the Kings Person and Government, by hindering Papists to sit in either House of Parliament, proceeded in the doing thereof. A Bill touching reversing Out-Lawries in the Kings-Bench was red the first time. Resolved, &c. That the Bill be red a second time. Ordered, That the Grand Committee for Religion, do sit every Tuesday in the Afternoon in the House. Ordered, That the Grand Committee for Grievances do sit every Thursday in the Afternoon in the House. Ordered, That the Grand Committee for Trade do sit every Saturday in the Afternoon in the House. Ordered, That the Grand Committee for Courts of Justice do sit every Thursday in the Afternoon in the House. Ordered, That upon double Returns of Members, none do sit till their Returns be determined, excepting only such as are returned in all Indentures. Ordered, That a Committee of privileges and Elections, be appointed of these persons following, viz. Sir Nich. Carew. Mr. pit. Mr. Nosworthy. Sir Robert Carr. Sir Joseph Tredingham. Sir Gilbert Gerrard. Sir Richard Grahame. Sir John win. Mr. Savage. Sir Trevor Williams. Sir Hugh bethel. Mr. Booth. Sir Walter Young. Mr. Powle. Mr. Elves. Sir Francis Drake. Mr. fag. Mr. Treby. Mr. Hamden. Sir John Carew. Sir George Downing. Sir Ralph Delavall. Mr. Courtney. Sir Robert Peyton. Mr. Evelin. Lord Ancram. Sir Francis Russel. sergeant Street. Mr. Buscaven. Sir Nich. Pedley. Mr. Morley. Sir William Portman. Mr. Harle. Mr. Trefusis. Mr. Chetwind. Mr. Wright. Sir John Knight. Sir Gervase Elwes. Sir Tho. Stringer. Sir John fag. Mr. Ayliffe. Mr. Reynall. Mr. Swinfin. Mr. hid. Sir John Fenwick. Mr. Greenvile. Sir Henry Seymour. Sir George speak. Sir Samuel Bernardiston. Mr. kendal. Mr. Grey. Col. Sandys. Sir Tho. Player. Mr. Wogan. Mr. Henry Trenchard. Sir Nevil catiline. Mr. Vaughan. Sir John Cloberry. Sir John Coventry. Mr. Wharton. Mr. Paul Foley. Sir William Hickman. Sir Anthony Irby. Sir Philip Egerton. Sir Robert Atkins. Mr. William Buscawen. Mr. Burdet. Lord Annesley. Mr. Parker. Mr. Lucy. Sir Ralph Dutton. Mr. Gerrard. Lord Russel. Sir Tho. Bellot. Sir James Long. Mr. Morgan. Mr. Sandys. Mr. Buller. Mr. Mansell. Lord Cavendish. Sir Eliab Harvey. Sir James Rushout. Lord Morpeth. Mr. John Trenchard. Sir Chr. Calthrop. Sir Hugh own. Mr. James. Mr. William Coriton. Sir Robert Dillington. Mr. Tho. Foley. Sir William Franklin. Mr. Whitehead. Lord Davencourt. Sir Robert Thomas. Sir John Hotham. Mr. Whitacre. Mr. Vernon. Mr. John Hambden. Mr. Turgis. Col. Whitlye. Mr. Nathaniel Knight. Sir John Boyer. Sir humphrey Monocks. Mr. Hertford. Mr. Thistlethwaite. Mr. Tregonwel. Mr. Freke. Sir Sir Tho. Meeres. Col. Norton. Mr. Pepys. Sir John Kempthorne. Col. Birch. Mr, Penruddock. Mr. Bowyer. Sir John Hewley. Sir Henry capel. Lord Fitz Williams. Mr. Newport. Mr. Coward. Sir Walter Clargis. Mr. Arthur Ouslow. Sir John Talb●t. Sir Henry Thompson. Lord Fairfax. Sir Walter Ernle. Mr. dean. Mr. Dunch. Sir Sidney Wortley. Mr. William cook. Sir Patience Ward. Sir William Poultney. Mr. Withers. Mr. Edward Patheridge. Mr. Strangwayes. Sir Henry Goodrick. Sir John Reresby. Sir James Oxendon. Mr. Henry Wallopp. Sir Anthony dean. Sir Richard Haddock. Dr. Edesbury. Mr. Chaffen. Mr. Paulet. Sir Hen. beaumont. Col. Mildmay. Sir Edward Deering. Mr. Broom Whorwood. Sir Charles Gaudy. Sir Tho. Clargis. Lord Huntingtower. Mr. Richard Ouslow. Mr. Booth. Sir Richard Cust. Mr. Edward Russel. Sir Tho. Reynell. Mr. web. Sir Robert Norreys. Mr. beak. Sir John Lowther. Mr. Dubois. Mr. Pilkington. Mr. Gerrard Russel. Mr. foot. Sir John Bramston. Col. leg. Mr. Trelawney. Sir John banks. Mr. harboured. Mr. Monson. Sir John Salesbury. Sir John Mallet. Col. Kirkby. Sir Richard Head. Lord Castleton. mayor Broxholme. Mr. Pawlet St. John. Sir Scroppe How. Mr. Bennet. And all that come are to have Voices, and they are to meet to morrow in the afternoon, at two of the Clock in the House, and every monday, Wednesday and Friday at two of the Clock in the Afternoon, in the place beforementioned, and to take into their Consideration all such matters as shall or may come in Question, touching Returns, Elections and privileges, and to proceed upon double Returns in the first place, and to report their Proceedings with their Opinions therein to the House from time to time; And all persons that will question Returns are to do it within fourteen days after any new return shall be brought in. And the said Committee is to have power to sand for Witnesses, Persons, Papers and Records for their Information, and all Members who are returned for two or more places, are to make their Elections by this day three Weeks, for which of the places they will serve, provided there be no question upon the return for that place: and if any thing shall come in question touching the Return, Election or Matter of privilege of any Member, he is to withdraw, during the time the matter is in debate. And then the House adjourned till to morrow morning eight of the Clock. Mercurij 19. Die Martij 78. MR. sergeant Maynard being Elected to serve both for the burrow of Plymouth and the Borough of B●eralston, in the County of cornwall, made his Election for the Borough of Plymouth. Ordered. That Mr. Speaker do Issue out his Warrant to the Clerk of the Crown, to make out a new Writ for the Electing of a Burgess to serve in this present Parliament for the Borough of Beeralston. Resolved, &c. That a Committee be appointed to inspect the Journals of the last Session of the last Parliament, and to prepare and draw up a State of the matters then depending and undetermined, and the Progress that was made therein, and report the same to the House to morrow morning. And it is referred to Mr. Powle. Sir Thomas Clargis. Sir Trevor Williams. Mr. Ouslow. Mr. Vaughan. sergeant Maynard. Sir Tho. Lee. Sir John Knight. Sir Francis Winnington. Sir Francis Russel. Sir Gilbert Gerrard. Col. Titus. Sir Henry Capel. Mr. harboured. Sir William Hickman. Sir John Coventry. Mr. Swinfen. Sir Christopher Musgrave. Sir Tho. Meers. Sir William Ellis. Mr. Hamden. Mr. Pelham. Col. Birch. Sir John Carew. Sir Robert Carr. Sir Eliab Harvey. Mr. Sacheverell. Sir Robert Peyton. Sir Rich. Grahame. Sir Nathaniel hernia. Mr. Seymour. Sir Thomas Stringer. Sir Edmond Jennings. or any five of them, and they are to meet this Afternoon, at three of the Clock in the Speakers Chamber. A Petition of Sir John Hobart Baronet, complaining of the undue Election, and return of Sir Christopher Calthrope, and Sir Nevel catiline, as Knights of the Shire for the County of Norfolk, and of many undue practices and Threats, used by the Lord Lieutenant and under Sheriff of the said County of Norfolk and one John Hurton to the Petitioners Injury, was red. Resolved, &c. That the matter of the said Petition be heard at the bar of the House on Friday next come three Weeks, and that the High Sherriff and Under sheriff of the said County, and John Hurton be Summoned to attend this House at the Hearing of the said Cause. A Petition of Henry Herbert Esq; complaining of an undue Return of Philip Foley Esq; to serve in this present Parliament, as Burgess for Bewdley, in the County of Worcester, in injury to the Petitioner, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges, to examine the matter, and report the same with their Opinion therein to the House. A Petition of several of the Inhabitants of EastGrinsted in the County of Sussex, complaining of an undue Return, made by the bailiff of the said Borough of two persons to serve in this present Parliament as Burgesses for the said burrow, not Elected by the Inhabitants, and refusing to return Henry Powle Esq; whom the Petitioners did duly Elect, in injury of the Petitioners, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges, to examine the matter, and report the same with their Opinion therein to the House. A Petition of William Scroggs Esq; complaining of an undue return of Edward Sackvile Esq; to serve in this present Parliament, as Burgess for the Borough of East-Grinsted in the County of Sussex, in injury of the Petitioner, who was duly Elected, and ought to have been returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges, to examine the matter, and Report the same, with their Opinion therein to the House. A Petition of Sir Peter Torrel, baronet, complaining of an undue return made by the bailiff of the Town of Buckingham, of Sir Richard Temple Baronett, to serve in this present Parliament, as Burghss for the Town and Parish of Buckingham, in injury of the Petitioner, who was duly Elected and Returned by the Sherriff of the County of Buckingham in the Crown-Office, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of privileges and Elections, to examine the matter, and report the same with their Opinion therein to the House. A Petition of Sir Godfrey Copley, Barronett, complaining of an undue practise used by the Sherriff of the County of York, in returning Sir John Reresby, Baronett, to serve in this present Parliament, as Burgess for the Borough of Aldborough in the said County of York, in injury of the Petitioner, who was duly Elected, and ought to have been returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of privileges and Elections, who are to examine the matter, and Report the same with their Opinions therein to the House. A Petition of Edward Selwin Esq; Complaining of an undue Return of Herbert Stapley Esq; to serve in this present Parliament, as Burgess for the Borough of Seaford, in the County of Sussex, in injury of the Petitioner, who was duly Elected, and ought to have been Returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of privileges and Elections to examine the matter, and Report the same with their Opinions therein to the House. A Petition of Richard Carew and William Jennings Esquires, Complaining of an undue Return of Bernard Grenvile, and Nicholas Courtney, Esquires, to serve in this present Parliament, as Burgesses for the burrow of Saltash in the County of cornwall, in injury of the Petitioners, who was duly Elected, and ought to have been Returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of privileges and Elections, to examine the matter, and Report the same with their Opinions therein to the House. A Petition of Sir Nathaniel Napper, Complaining of an undue Return of Perigrine, Viscount Dunblane, to serve in this present Parliament, as Burgess for the Borough of Corfe Castle in the County of Dorset, in injury of the Petitioner, who was duly Elected and ought to have been Returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of privileges and Elections, to examine the matter, and Report the same with their Opinions therein to the House. A Petition of Richard Winwood and Samuel Starkey Esquires, Complaining of an undue Return of Sir John Erule, Knight, and John Pawney Esquire, to serve in this present Parliament, as Burgessess for the Borough of New Windsor, in the County of Berks, in injury of the Petitioners, who were duly Elected, and ought to have been Returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of privileges and Elections to examine the matter, and Report the same, with their Opinions therein to the House. A Petition of Sir John Shorter and Tho. Smith, Esq; Complaining of an undue Return of Sir Richard How and Peter Rich, Esq; to serve in this present Parliament as Burgesses for the Borough of Southwark, in the County of Surrey, in Injury of the Petitioners, who were duly Elected, and ought to have been Returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of privileges and Elections to Examine the matter, and Report the same, with their Opinions therein to the House. A Petition of Sir Charles Windham Knight, Complaining of an undue return of Thomas Knowles, Esq; to serve in this present Parliament, as Burgess for the Town and County of Southampton, in Injury of the Petitioner, who was duly Elected; and ought to have been Returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of privileges and Elections to Examine the matter, and Report the same with their Opinion therein to the House. A Petition of Sir Lewis Palmer, Baronett; Complaining of an undue Return of Sir Rice Rudd, Baronet, to serve in this present Parliament, as Burgess for the Borough of Higham Ferries, in the County of Northampton, in injury of the Petitioner, who was duly Elected, and ought to have been Returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges to Examine the matter, and Report the same, with their Opinion therein, to the House. A Petition of John Lamot Honiwood, Esq; complaining of an undue Return of Sir John Bramstone Baronet, to serve in this present Parliament, as Burgess for the Borough of Malden in the County of Sussex, in injury of the Petitioner who was duly Elected, and ought to have been Returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges to examine the matter, and Report the same with their Opinion therein to the House. A Petition of Edward Lloyd, Esq; complaining of several undue Practices used by the bailiff of Moungomery, in Electing and Returning of Matthew Price Esq; to serve in this present Parliament as Burgess for the Borough of Mountgomery aforesaid, in Injury of the Petitioner, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges to Examine the matter, and report the same with their Opinion therein to the House. A Petition of Richard Duke Esq; Complaining of an undue Return of Will▪ Stawell Esq; to serve in this present Parliament, as Burgess for the Borough of Ashburton, in the County of Devon. who was du●y Elected, and ought to have been Returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Election and privileges, to examine the matter, and Report the same with their Opinion therein to the House. A Petition of Thomas Mansell Esq; Complaining of several undue Practices used by the bailiff of the Borough of Brecon, in Electing and Returning John Jefferies Esq; to serve in this present Parliament, as Burgess for the Borough of Brecon aforesaid, in injury of the Petitioner, who was duly Elected, and is Returned by the other Indenture, affixed to the Writ, and filled in the Crown-Office was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges to examine the matter, and report the same with their Opinions therein to the House. A Petition of Sir Francis clerk, Complaining of an undue Return of Sir John Banks, to serve in this present Parliament as Citizen for the City of Rochester in the County of Kent, in injury of the Petitioner, who was duly Elected, and ought to have been Returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges to Examine the matter, and Report the same with their Opinion therein to the House. A Petition of Daniel Collingwood Esq; Complaining of an undue Return of Sir Ralph Gray, to serve in this present Parliament, as Burgess for the Town of Berwick upon Tweed, in injury of the Petitioner, who was duly Elected, and ought to have been Returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges, to examine the matter, and Report the same, with their Opinion therein to the House. A Petition of the Inhabitants of Shoreham in the County of Sussex, complaining of several undue practices used by the Constable of the Borough of Shoreham aforesaid, in Electing and Returning of Robert fag and John Cheale, Gentlemen, to serve in this present Parliament, as Burgesses for the said Borough, in injury of the Petitioners, who did duly Elect Sir Anthony dean, and Sir Robert Fugg, who ought to have been solely returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges, to examine the matter, and Report the same with their Opinion therein to the House. A Petition of John Bechy, Esq; complaining of an undue Return of Sir John Kempthorne, to serve in this present Parliament, as Burgess for the Borough of Portsmouth, in injury of the Petitioner, who was duly Elected, and ought to have been returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges to examine the matter, and Report the same with their Opinion therein to the House. A Petition of Edward Philips, and Robert Hunt, Esquires, Complaining of an undue Return of William Strode and John speak Esq; to serve in this present Parliament, as burgesses for the Borough of I lcester in the County of Somerset, in Injury of the Petitioners, who as they allege, were duly Elected and Returned, was red. Resolved, &c. That the said Petition, be referred to the Consideration of the Committee of privileges and Elections, to examine the matter and Report the same with their Opinion therein, to the House. A Petition of Thomas straddling J●n. Esquire, complaining of an undue Return of Sir Robert Thomas, baronet, to serve in this present Parliament, as Burgess for the Borough of cardiff, in the County of Glamorgan, in injury of the Petitioner, who was duly Elected, and ought to have been Returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges, to consider of the matter, and Report the same, with their Opinion therein to the House. A Petition of John kendal Esq; complaining of an undue Return of Sir Jonathan Tralawney Bar. to serve in this present Parliament, as Burgess for the Borough of Eastlowe in the County of cornwall, in injury of the Petitioner, who was ●●ly Elected, and ought to have been Returned, was red. Resolved, &c. That the said Petition, be referred to the consideration of the committee of Elections and privileges to Examine the matter, and Report the same, with their Opinion therein to the House. A Petition of Sir matthew Andrews, complaining of an undue return of Whittacer Esq; to serve in this present Parliament as Burgess for the burrow of Shafton alias Shaftsbury, in the County of Dorset, in injury of the petitioner, who was duly Elected and ought to have been returned, was red. Resolved, &c. That the said Petition be referred to the consideration of the Committee of Elections and and privileges, to Examine the matter, and report the same with their Opinion therein to the House. A Petition of William Spencer, Esq; to serve in this present Parliament, as one of the Knights of the the Shire for the County of Lancaster, in injury of the Petitioner, who was duly Elected, and ought to have been returned, was red. Resolved, &c. That the said Petition be referred to the consideration of the Committee of Elections and privileges, to Examine the matter, and Report the same with their Opinion therein to the House. A Petition of Henry Chevers Esq; complaining of an undue Return of Sir George Hungerford, and water Norborne Esq; to serve in this present Parliament, as Burgess for the burrow of Calne, in the County of Wilts, in injury of the petitioner; who was duly Elected, and ought to have been returned, was red. Resolved, &c. That the said Petition be referred to the consideration of the Committee of Elections and privileges to examine the matter, and Report the same with their Opinion therein to the House. A Petition of Alexander Rigby Esq; complaining of an undue return of Charles Earl of Ancram, to serve in this present Parliament, as Burgess for the Burroueh of Wigan, in the County of Lancaster, in injury of the Petitioner, who was duly Elected, and ought to have been returned, was red. Resolved; &c. That the said Petition be referred to the consideration of the Committee of Elections and privileges, to examine the matter, and Report the same, with their Opinions therein to the House. A Petition of Thomas own Esq; complaining of an undue return, of William Wogan Esq; to serve in this present Parliament, as Burgess, for the Town and County of Haverford West, in injury of the Petitioner, who was duly Elected, and ought to have been returned, was red. Resolved, &c. That the said Petition, be referred to the consideration of the Committee of Elections and privileges, to Examine the matter, and Report the same, with their Opinion therein to the House. A Petition of John Lawford, Esq; complaining of an undue return, of Sir George Hungerford, and Walter Norborne Esq; to serve in this present Parliament, as Burgess for the burrow of Calne, in the County of Wilts, in injury of the Petitioner, who was duly Elected, and ought to have been returned, was red. Resolved, &c. That the said Petition, be referred to the consideration of the Committee of Elections and privileges, to Examine the matter, and Report the same, with their Opinion therein to the House. A Petition of William Strode and John speak Esqs; complaining of an undue Return of Edward Phillips and Robert Hunt Esqs; to serve in this present Parliament, as Burgess for the burrow of Ilcester, in the County of somerset, in Injury of the Petitioners, for that the Common Seal of the said burrow, was forcibly taken away, from the bailiff of the said burrow, and affixed to the Indenture, by which the said Edward Phillips and Robert Hunt were Returned; whereas the Petitioners were Returned by the bailiff, who is the only proper Officer capable of making Returns, was red. Resolved, &c. That the said Petition, be referred to the Consideration, of the Committee of Elections and privileges, to examine the matters, and Report the same, with their Opinion, therein to the House. A Petition of matthew Price Esq; complaining of an undue Return of Edward Loyd Esq; to serve in this present Parliament, as Burgess for the burrow of Mountgomery, in injury of the Petitioner, whereas the Petitioner was duly returned by the proper Officers, was red. Resolved, &c. That the said Petition be referred, to the consideration of the Committee of Elections and privileges, to Examine the matter, and Report the same, with their Opinion therein to the House. The House taking notice of the several Complaints, in the Petitions, this day red, and of divers misdemeanours and undue practices, in Sheriffs, Mayors, bailiffs, and other Officers, in Elections and Returns of Members to serve in Parliament. Ordered, That it be an Instruction to the Committee of privileges and Elections, that they do Examine and make a special Report, of all miscarriages, and undue practices, in Sherriffs, Mayors, bailiffs, and other Officers concerned in the return of Members Elected, to serve in Parliament; as likewise of all undue Practices, Letters Promises, Threats, or Oppressions, in any Elections. And then the House Adjourned, till to morrow morning, eight of the Clock. Jovis 20. die Marcij. 78. Ordered, THAT Mr. Speaker do Issue out his Warrant, to to the Clerk of the Crown, to make out a new Writ, for Electing a Member to serve in this present Parliament, for the borough of Tregony, in the County of cornwall, in the room of Robert Buscawen Esq; Deceased, Resolved, &c. That an humble Address be made to his Majesty, to appoint a day for a Solemn Fast, and humiliation. And it is referred to Sir Thomas Player. Sir John Knight. Mr. Dubois. Sir William Poultney: colonel Birch. Sir Thomas Clargis. colonel Mildmay. Sir Robert Atkins. Sir Anthony Irby. Mr. Ouslow. Or any three of them to draw up and prepare the said Address. A Petition of Sir Philip Matthews baronet, and Sir William Waller Knight, complaining of undue Practices, in the bailiff, in returning of Sir Stephen Fox, and Sir William Poultney Knights, to serve in this present Parliament, as Burgessess, for the city of Westminster, in Injury of the Petitioners who was duly elected, and ought to have been returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges to examine the matter, and report the same, with their opinions therein to the House. A Petition of John Morris Merchant, complaining of an undue Return of Cariton Esq; to serve in this present Parliament, as Burgess for the burrow of Newport, in the County of cornwall, in injury of the Petitioner, who was duly Elected, and ought to have been Returned, was red. Resolved, &c. That the said Petition be referred to the consideration of the Committee of Elections and privileges, to Examine the matter, and Report the same, with their Opinion therein to the House. A Petition of Ralph Stawel Esq; complaining of an undue return of Sir Francis Rolls, to serve in this present Parliament, as Burgess, for the burrow of Bridgwater, in the County of somerset, in injury of the Petitioner, who was duly Elected, and ought to have been returned, was red. Resolved, &c. That the said Petition be referred to the consideration of the Committee of Elections and privileges, to Examine the matter, and Report the same, with their Opinion therein to the House. A Petition of Robert Fielding Esq; complaining of unjust and partial proceedings, and unwarrantable Practices, used by the Sherriffs of the County and city of Coventry, in returning of mayor Beak and Richard Hopkins Esqs; to serve in this present Parliament, as citizens for the said city, in Injury of the Petitioners, who had been chosen, by the Majority of Voices, had it not been for such Proceedings, was red. Resolved, &c. That the said Petition, be referred to the consideration of the Committee of Elections and privileges, to Examine the matter, and Report the same with their Opinion therein to the House. A Petition of Richard Derham, Esq; complaining that although he was duly Elected to serve in this present Parliament, as Burgess, for the burrow of New Radnor, in the County of Radnor, yet the bailiff of the said Town, combining with Sir Edward Harley, had by an Indenture, returned the said Sir Edward Harley; but that the same was not returned by the Sherriff, and praying that Justice of the House therein, was red. Resolved, &c. That the said Petition, be referred, to the consideration of the Committee of Elections and privileges, to Examine the matter, and Report the same, with their Opinions therein to the House. Resolved, &c. That the Clerk of the Crown do attend to morrow morning, to give an Account of the Writ for Radnorshire. A Petition of the Mayor, bailiffs and Burgesses of Lavidloes and Kanvyling, in the County of Montgomery, complaining of undue practices of the bailiff of Montgomery in not giving truly notice to the Inhabitants of the said burrow, of the Election, and upon the day of Election Excluding the Petitioners, from being Polled, who had agreed to give their Votes, for Edward Loyd Esq; but the said bailiff being influenced by some great persons of the Neighbourhood, returned Matthew Price Esq; to serve in this present Parliament, as Burgess for the burrow of Montgomery, notwithstanding the Petitioners, who were the greater number, unanimously made choice of the said Edward Loyd, to the great injury of the Petitioners; and praying that the said Edward Loyd, may either have the benefit of their Voices, or that the Election be made voided, was red. Resolved, &c. That the said Petition, be referred to the consideration of the Committee of privileges and Elections, to examine the matter, and Report the same, with their Opinions therein to the House. Sir Francis Winnington Reports, from the Committee, appointed to inspect the Journal of the last Sessions of the last Parliament, and to prepare and draw up a state of the matters then depending and undetermined, and the progress that was made therein; that the Committee had agreed upon a Report, which he made in his place, but that the same by reason of shortness of time, was not reduced into Writing; and a Debate being in the House thereupon. Resolved, &c. That the said Report be recommitted upon the Debate of the House, and to be brought in writing, to the end the same may be entred in the Journal. Resolved, &c. That a Committee of secrecy be appointed, to take Informations, and prepare Evidence, and draw up Articles against the Lords that are Impeached, and that are now in the Tower; and to take such further Informations, as shall be given relating to the Plot, and conspiracy against his Majesty and the Government, and the Murder of Sir Ed. Godfrey, and it is referred to: Mr. Trenchard. Sir Francis Winnington. Sir Thomas Meers. Mr. Vaughan. Mr. Sacheveril. colonel Titus. sergeant Ellis. Sir Thomas Lee. sergeant Maynard. Mr. Powle. Mr. Seymour. Mr. Treby. Sir Henry Capel. Sir Thomas Stringer. Sir Thomas Player. or any three of them, and they are impowred to sand for Persons, Papers, and Records, and to sit de die in diem. Ordered, That Mr. Speaker do sand a Letter, to Mr. Williams and the rest of the Members of the Long rob, that are now gon the Circuits, to summon them to attend the Service of this House. Ordered, That Doctor tongue, Mr. oats, and Mr. Bedlo●, be summoned to attend at the Bar of this House, to morrow morning to give such information, as they can concerning the Plot. Resolved, &c. That a Committee be appointed, to Inspect the Journal of the House of Lords, and see what resolutions have been there taken, in matters of Impeachment, and it is referred to, Mr. Sacheverel. Sir. Francis Winnington. Sir John Wallet. Sir Henry Capel. Sir Thomas Clargis. Mr. Bennit. Mr. Powle. Sir Thomas Meers. colonel Birch. Sir John Knight. colonel Titus. or any three of them. Resolved, Nemine Contradicente. That a Message be sent to the Lords, to put them in mind of the Impeachments of High Treason, Exhibited against Thomas Earl of Danby, in the names of the Commons of England, and to desire that he may be committed to safe Custody. Resolved, &c. That it be referred to the Committee of secrecy, to draw up further Articles against Thomas Earl of Danby. And then the House Adjourned till to morrow morning eight of the Clock. Veneris 21. die Martij. 78. SIR Thomas Clargis Reports from the Committee appointed to draw up, and prepare an Address to be presented to his Majesty, for appointing a Solemn day of Humiliation. An Address agreed by the Committee, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was red, and upon the Question agreed to, and is as followeth, viz. WEE your Majesties most Dutiful and Loyal Subjects, the Commons in this present Parliament Assembled, being deeply sensible, of the sad and calamitous Condition of this your Majesties Kingdom, occasioned chiefly by the Impious and Malicious Conspiracies of a Popish party, who have not only Plotted and intended the Destruction of your Majesties Royal person, but the total Subversion of the Government and true Religion Established amongst us. All which our many and grievous Sins, have justly deserved; and being now by your gracious favour Assembled in Parliament, as the great council of your Kingdom, to consult on such means as we conceive fittest to redress the manifold Evils wherewith this Nation is surrounded, do in all Humility beseech your Majesty, that by your Royal Proclamation, one or more days may be solemnly set apart, wherein both ourselves and all your Majesties Loyal Subjects, may by Fasting and prayer, seek a Reconciliation with Almighty God, and with humble and penitent hearts, implore him by his power and goodness, to infatuate and defeat the wicked councils and Machinations of our Enemies, and continue his Mercy and the light of the Gospel to us, and our Posterities, and particularly to bestow his abundant Blessings upon your Sacred Person, and this present Parliament, that our Consultations and Endeavours may produce Honour, Safety and Prosperity, to your Majesty and your People. Ordered, That Sir Thomas Clargis, do carry up the same the Lords, for their concurrence. Ordered, That the Clerk of the Crown be called in, to give an account touching the return for Radnor. And the Clerk of the Crown being called in, acquainted the House, that there was no return, for the Town of Radnor, affixed to the Writ, but a return for the County only. And one Mr. Ostland, being called in, and informing the House that he had an Indenture, which he was directed by the Sherriff, to annex to the Writ, and that he had tendered the same to the Clerk of the Crown, and the Indenture being brought up to the Table. Ordered, That the Clerk of the Crown do affix the Precept and Indenture to the Writ for Radnor, which he accordingly did. Ordered. That the matter touching the Return for the Borough of Bridgewater, be referred to the Committee of Elections, and that it be the first Gause that be heard before the Committee this Afternoon. A Petition of several of the Inhabitants of Westminster, complaining of an undue Election and Return of Sir Stephen Fox, and Sir William Poultney, to serve in this present Parliament, for Westminster, was red. Ordered, That the same be referred to the Consideration of the Committee of privileges and Elections, to examine the matter, and Report the same with their Opinions therein to the House. A Petition of Thomas kendal Esq; complaining of undue practices used by John Trelawney the younger, Mayor of the Borough of Westlow alias Portpigham, in the County of cornwall, in Returning John Trelawney the Elder, Esq; to serve in this present Parliament, as one of the Burgesses for the said Borough by one Indenture, and procuring himself to be Returned by another Indenture, contrary to the Standing Orders of this House, and in Injury of the Petitioner, who was duly Elected by the mayor part of the Inhabitants: and ought to have been Returned, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges, to examine the matter, and Report the same with their Opinions therein to the House. Ordered, That Jonathan Edwin, at the three Roses in Ludgate Street, be immediately sent for, to give the House an Account by what Authority he Published the two Pamphlets, the one entitled, A Letter from a Jesuit in Paris, to his Correspondent in London, showing the most effectual way to ruin the Government and the Protestant Religion. And the other entitled, Two Letters from Mr. montague, to the Lord Treasurer, one of the eleventh, the other of the eighteen of January 1678. which were red in the House of Commons, together with the Lord Treasurers Speech. Sir Thomas Meeres Reports from the Committee of privileges and Elections, That the Committee had taken into Consideration the matter of the Return for Buckingham, and had agreed upon a Report to be made to the House, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was again red, and is as followeth, viz. The Precept was directed to the bailiff of the burrow of Buckingham, to which there is affixed two Indentures, both Dated the Tenth of February, Anno 31. Caroli nunc, one of them is made between the bailiff and Burgesses of the Borough and Parish of Buckingham of the one part, and Thomas Edgerley, Esq; Sherriff of the County aforesaid, of the other part, wherein Edward Viscount Latimer, and Sir Peter Tyrrel Baronet are Returned, and the Common Seal is affixed thereto, upon which Indenture is endorsed thus. The Common Seal within mentioned was put to this present Indenture, by and with the Consent of George Carter Gentleman, bailiff for the time being, and the mayor part of the principal Burgesses of Buckingham within mentioned, in the presence of Henry Bridges Deput. Senescal. The other Indenture is made between the same parties, and therein is returned Edward, Viscount Latimer, and Sir Richard Temple, Knight of the Bath and Baronet, wherein 'tis mentioned, That the Common Seal of the said Town, and the Seals of the bailiff and Burgesses are set, and to the said Indenture is Seals affixed, but not the Common Seal, and their is six Names Subscribed thereto, whereof George Carter bailiff is one, but there is no endorsement on this Indenture. Whereupon the Committee came to these Resolutions. Resolved, &c. That the Indenture wherein Edward, Viscount Lattimer, and Sir Peter Tyrril are return'd t● serve in this present Parliament as Burgess for the Town of Buckingham is duly return'd. Resolved, &c. That the Indenture wherein Edward Viscount Latimer, and Sir Richard Temple are returned as Burgesses to serve in this present Parliament, for the Town of Buckingham is not duly Returned. Resolved, &c. That this House doth agree with the Committee. A Petition of colonel John Strode, complaining of an undue Election and Return of Mr. Stokes to serve in this present Parliament for Dover was red. Resolved, &c. That the said Petition be referred, to the consideration of the Committee of Elections and privileges, to Examine the matter, and Report the same, with their Opinion therein to the House. Ordered, That the Clerk of the Crown do attend to morrow morning, and do take off the File from the Indenture, wherein Edward Viscount Lattimer, and S●r Richard Temple, are Returned to serve in Parliament for the Borough of Buckingham. Doctor tongue being called in, gave his Information touching the Plot. Mr. oats being also called in, gave his Information touching the Plot; and did likewise give an Information against Thomas Earl of Danby, and also against Mr. Sackvile, Mr. Goring and Sir John Robinson, three of the Members of this House. Ordered, That Mr. oats do on monday next, at Ten of the Clock, bring his Witnesses to the Bar of this House, to prove the Information given by him this day, against Sir John Robinson, Col. Edward Sackvile, and Captain Henry Gorcing, three of the Members of this House, and that the said Members do then attend in their places. Ordered, That Mr. oats his Information against Thomas Earl of Danby for discouraging the Kings Evidence be referred to the consideration of the Committee of Secrecy. Ordered, That Mr. oats do transmit into this House, a Copy of his Information, relating to the Plot, delivered by him this day at the Bar of this House, to the end the same may be entred in the Journal. Ordered, That Mr. Hills and Mr. Edwin do attend at the bar of this House to morrow morning, to give an Account touching the two Pamphlets. Ordered, That the Orders of every day be red the next morning before any other business. Mr. Bedloe being called in, and having given his Information touching the Plot, did likewise deliver the same in Writing, to the Clerk of the House. Resolved, &c. That an Humble Address be made to his Majesty by such Members of this House as are of his Majesties Privy Council, to desire his Majesty that the 500 l. Reward, promised by his Majesty in his Royal Proclamation, for the Discovery of the murder of Sir Edm. Godfrey, may be forthwith paid to Mr. Bedloe, who this House is satisfied to be the first Discoverer thereof: And that his Majesty will be further graciously pleased to give Order, That the twenty pounds Reward for the Discovery of every Priest, may be effectually paid to the Discoverers of them. Resolved, &c. That an Humble Address be made to his Majesty to desire his Majesty, That the care of Mr. Bedloes Safety, may be immediately recommended to his Grace the Duke of Monmouth, and that the Lord Cavendish Sir Robert Carr. Sir William Portman. Sir Henry capel. Mr. Booth. Mr. Powle. Sir John Ernle. do attend his Majesty with the Address. The Lord Cavendish Reports, That they had attended his Majesty with the Address; and that his Majesty was pleased to return Answer. That He had hitherto taken all the Care He could of Mr. Bedloe, and that He knew how Considerable ●●s Evidence was, and that He would see hereafter, That he should want for nothing, and that He would be Responsible for him whilst he remained in White Hall, but that He could not be Answerable for him when he went Abroad. Mr. Everard being called in, gave his Information of his Knowledge of the Plot. Ordered. That Mr. Everard do put his Narrative this day made into Writing, and present it to the House on monday next. And then the House Adjourned till to morrow Morning eight of the Clock. Sabbati 22. die Marcij, 78. THE Clerk of the Crown being called in, did according to the Order of the House, take off the File, the Indenture, wherein Edward, Lord Viscount Latimer, and Sir Richard Temple were Returned to serve in this present Parliament for the Town of Buckingham. A Petition of Sir lionel Walden, setting forth, That he was well Elected to serve in this present Parliament, for the Borough of Huntingdon, but by undue and illegal practices Mr. Sidney Wortloy had procured himself to be Returned for the said Borough, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges, to examine of the matter, and Report the same, with their Opinion therein to the House. A Petition of the Common Council men and Burgesses for the Borough of the Devizes, complaining of undue practices in the Election of Burgesses to serve in this present Parliament for the said Borough was red. Resolved, &c. That the said Petition, be referred to the Consideration of the Committee of privileges and Elections, to examine the matter and Report the same with their Opinion therein, to the House. Ordered. That a Bill be brought in upon the Debate of the House to serve the King and kingdom against the growth and Danger of Popery. And it is referred to Sir Thomas Clargis. sergeant Maynard. Sir Trevor Williams. Mr. Williams. Mr. thin. Mr. Powle. Mr. ston. Sir William Pultney. Mr. Hamden. Mr. Seymour. Sir John Knight. Sir Joseph Tredingham. Mr. Trenchard. Sir Thomas Meres. Sir Robert Carr. Mr. Sacheverell. Sir Samnel Bernardiston. Col. Birch. Sir Thomae Lee. or any five of them, to prepare the said Bill, and present the same to the House. Mr. Secretary Coventry acquaints the House, that his Majesty had been attended with the Address of this House, relating to 500 l. reward to be paid to Mr. Bedloe, for discovering the murder of Sir Edmundbury Godfrey, who, this House was satisfied to be the first Discoverer thereof, and also for paying 20 l. for the Discovery of the every Priest, which his Majesty had promised in his late Royal Proclamation, And his Majesty was graciously pleased to say, That the 500 l. should be immediately paid, and that promise should be effectually performed. A Message from his Majesty by Sir Edward Carteret, Usher of the Black Rod. Mr. Speaker. The King commands this honourable House, to attend him immediately in the House of Lords. And accordingly Mr. Speaker with the House, went up to attend his Majesty in the House of Peers. Mr. Speaker and the House being returned, and Mr. Speaker having taken the Chair, Reported the effect of his Majesties Speech. Resolved nemine contradicente. That a Message be immediately sent to the Lords, to remind their Lordships of the last Message sent them from this House, relating to Thomas Earl of Danby, and demand that Tomas Earl of Danby, may be forthwith sequestered from Parliament, and committed to safe Custody. Ordered. That the Lord Annesly, do carry up this Message. A Message from the Lords; by Sir Timothy Baldwin, and Sir William Beversham. Mr. Speaker. The Lords desire a present conference with this House, in the Painted Chamber. The Messengers being called in. Mr. Speaker acquaints them, that this House would return their Lordships an Answer, by Messengers of their own. Resolved, &c. That a Message be sent to the Lords, to acquaint them, that the House having received a Message from their Lordships, whereby they desire a present conference with this House in the Painted Chamber. That this Answer be returned. That it is not agreeable to the usage and proceedings in Parliament, for either House, to sand for a conference, without expressing the subject matter of that conference. Ordered. That Mr. Hambden do go up with this Message. Mr. Hills being called in, to give this House an account of the two Pamphlets, informed the House, that he Printed them by Order of the Lord Treasurer. Ordered. That a Committee be appointed to consider of the two Pamphlets, which was Printed by Mr. Hills for Mr. Edwin, by Order of the Lord Treasurer; and to Report their Opinion thereupon to the House, on monday next. And it is referred to. Mr. Vaughan. colonel Titus. Sir William Poultney. Sir Thomas Meers. Mr. Hamden. Mr. Mountacue. Mr. Trenchard. colonel Birch. Mr. Buscaven. Mr. Powle. Mr. Seymour. Sir Patience Ward. Sir Thomas Lee. Sir Thomas Clargis. Mr. Dubois. Sir Thomas Player. Sir. Robert Payton. or any five of them. A Message from the Lords, by Sir Edward Low and Sir John franklin. Mr. Speaker. The Lords desire a present conference with this House, in the Painted Chamber, touching matters, relating to the Earl of Danby. The Messingers being withdrawn. Resolved, &c. That this House will meet the Lords at a present conference in the painted Chamber. The Messengers being called in. Mr. Speaker acquaints them that this House does agree to meet their Lordships at a present Conference in the painted Chamber. Ordered. That Mr. Powle. Sir Thomas Lee. Sir John Mallet. Sir Thomas Player. Mr. Vaughan. Lord Cavendish. Sir Thomas Clargis. Mr. Seymour. Sir Robert Carr. Sir Thomas Meers. Mr. Sacheveril. Sir Henry Capel. Mr. Harberd. colonel Birch. Sir Joseph Tredenham. colonel Titus. Sir Francis Winnington. Do attend& manage the Conference. Mr. Powle Reports, that the Members appointed had a Conference, at which the Duke of Monmouth spake as followeth. I am commanded by the Lords to acquaint you, that their Lordships having taken into consideration, matters relating to the Earl of Danby, together with what his Majesty was pleased to say, upon that Subject; have Ordered that a Bill be brought in, by which Thomas Earl of Danby, may be made for ever incapable of coming to his Majesties presence, and of all Offices and employments, and of receiving any Grants or Gifts from the Crown,& of sitting in the House of Peers. Resolved, &c. That the consideration of this Report, be Adjourned till monday next. Ordered. That a Committee be appointed to repair to the Lord Chanchellor, and the other Offices, and inquire into the manner of suing forth the Pardon for Thomas Earl of Danby, and make their Report thereof to the House, on monday next, and it is referred to Mr. Vaughan. Sir Thomas Meers. Sir Francis Winnington. Sir Thomas Lee. Mr. Sacheveril, Mr Powle. or any three of them. A Message from the Lords, by Sir Edward Low and Sir John Franklin. Mr. Speaker. We are commanded by the Lords, to acquaint you, that their Lordships have agreed to the Address, of this House, to be presented to his Majesty, to appoint a day for a general Fast and Humiliation, and the Lords of the white Staves, having waited upon his Majesty, to know his pleasure when both Houses may attend him, his Majesty hath appointed both Houses to attend him on monday next, at three of the clock in the afternoon, in the banqueting house. And then the House Adjourned till monday eight of the clock. Lune 24. die Martij. 78. MR. harboured being chosen for the Town of Thetford, in the County of Norfolk, and for the burrow of Camelford, in the County of cornwall, made his Election to serve for the Town of Thetford. Ordered. That Mr. Speaker do Issue out his Warrant to the Clerk of the Crown, for a new Writ, for choosing of a Burgess to serve in this present Parliament, for the said burrow of Camelford. Resolved nemine contradicente. That this House doth declare, that they are fully satisfied by the Prooffs they▪ have heard, that there now is, and for divers years last past, hath been a Horrid and Treasonable PLOT and Conspiracy, contrived and carried on, by those of the Popish Religion, for the murdering of his Majesties Sacred Person, and for subverting the Protestant Religion, and the ancient and well Established Government of this Kingdom. Ordered. That the concurrence of the Lords be desired to this Vate, and that Sir John guys do go up to the Lords, to desire their Concurrence. Sir Henry Capel Reports from the Committee appointed to inspect the Journal of the Lords, and see what Resolutions they had taken, touching Impeachments, that they had Inspected the Journal of the Lords House, and had agreed upon a Report, which he red in his place, and afterwards delivered in the same at the Clerks Table. Resolved, &c. That the reading and consideration of the said Report, be adjourned, till Thursday next ten of the Clock. Sir Francis Winnington Reports, from the Committee appointed to inquire into the manner of suing forth the Pardon for Thomas Earl of Danby: That the Committee had attended the Lord Chancellor and made a search in all Offices concerned, in passing the Kings Letters Patents, and had agreed upon a Report, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was again red, and is as followeth. The Committee in pursuance of the Order of the House, went to the several Offices, where the Kings Letters Patents always have and ought to pass. First we went to Mr. Secretary Coventrys Office, and could find no entry of any such Pardon there, and some of the Committee spoken with Mr. Secretary himself, who declared that he knew nothing of the passing the Pardon. Wee likewise went to my Lord Sunderlands Office, and Mr. Bridgman his Secretary assured us, that there was no entry in that Office of any such Pardon. But the Committee not being satisfied with this, they resolved to attend my Lord Sunderland himself, this monday morning: But my Lord was pleased to sand to the Chair man, the Last Night, to inform the Committee that he knew nothing of the Pardon. From thence the Committee went to the Office of Signet and Privy Seal, and had an account there, that there was no Entry or Memorial of any such Pardon. From thence the Committee went to the Lord Privy Seal and his Lordship told us, that he never heard any Word of the Pardon until the day the King was pleased to mention it in the House of Lords. And further said, That if any such Pardon had come to him, he would have very well Considered, before he would have passed it: After this the Committee attended my Lord Chancellor. And he was Pleased to acquaint the Committee, that as to the Pardon, he neither advised, drew, nor altered one word of it, and that the Truth of the Fact was thus. That my Lord Treasurer delivered it to him and being asked by the Committee whether the Pardon extended to Impeachments, his Lordships Answered, That it did, and had these general Words, of all Treasons and Crimes whatsoever, together with the Words omnia& omnimoda Indictamenta Impetitiones,& those other Words licet indictatus vel non indictatus vel non impetitus, &c. and this was to extend to the seven and twentieth of February last, and did bear date the first of March instant. My Lord Chancellor further declared, that my Lord treasurer desired to have the Pardon pass with all the Privacy in the World, and the reason he gave was, because he did not intend to make use of it, but stand upon his Innocency, except False Witnesses should be produced against him, and then he would make use of it, at the last extremity. After this, my Lord Chancellor said, That he writ a Letter to my Lord Treasurer, wherein he took Notice to his Lordship, that in the first place the Service of the King was to be Considered, and if his Lordship would take his Advice, he thought it was best to let the Pardon pass the Regular Course, that it might be publicly known, that so it might Answer the End his Lordship intended, which was to prevent the Resuming the Impeachment against his Lordship. The next day after this Letter was sent, my Lord Chancellor Declared to the Committee, That he met my Lord Treasurer at the Committee of Foreign Affairs, where he gave my Lord Treasurer the same Advice as he gave in the Letter, which was to dissuade his Lordship. Thereupon my Lord Treasurer said, That he had acquainted the King with the Contents of the Letter, and that his Majesty did Declare, That He was resolved to have it done, which was to Pass the Pardon with all privacy. Suddenly after this, the King Commanded the Lord Chancellor to bring the Seal to White-Hall, which he did to his Lodgings, and being there he laid it upon the Table, thereupon his Majesty Commanded the Seal to be taken out of the bag, which his Lordship was Obliged to Submit unto, it not being in his Power to hinder it; and the King Writ his Name upon the top of the Parchment; and then directed to have it Sealed, whereupon the person that usually carried the Purse, affixed the Seal to it. My Lord Chancellor was pleased to say, That at the very time of affixing the Seal to the Parchment, he did not look upon himself to have the custody of the Seal. My Lord Chancellor concluded with this to the Committee, that he took upon himself to know, there was no memorial in any Office whatsoever of this Pardon, from the Secretaries Office, until it came to his Lordship, but that it was a stamped Pardon by Creation. Resolved, nemine contradicente. That a Message be sent to the Lords to demand Justice in the Names of the Commons of England against Thomas Earl of Danby, and that he may be immediately sequestered from Parliament, and committed to safe Custody. Ordered. That Sir Henry capel do go up to the Lords with this Message. Resolved, &c. That an Humble Address be made to his Majesty representing to his Majesty the irregularity and illegality of the Pardon mentioned by his Majesty to be Granted to the Earl of Danby, and the dangerous consequence of Granting Pardons to any persons that lie under an Impeachment of the Commons of England, and it is referred to Sir John Coventry. Sir Francis Winnington. Sir Thomas Lee. Mr. Vaughan. Mr. Sacheverell. Col. Birch. Sir Thomas Clargis. Sir Henry capel. Sir Thomas Meres. Mr. Garraway. Mr. thin. Mr. Powle. Mr. Reynell. sergeant Ellis. Mr. Hamben. Mr. harboured: Sir William Pultney. or any three of them to prepare and draw up the same. Resolved, &c. That an Humble Address be made to his Majesty, that all the Papers and Writings, relating to the Discovery of the Plot, and particularly, such Papers and Examinations as have been taken since the Prorogation of the last Parliament, may be delivered to the Committee of secrecy appointed to draw up Articles of impeachment against the Lords in the Tower. A Message from the Lords by Sir Timothy Baldwin and Sir John Hoskings. Mr. Speaker. We are Commanded to let this House know that the Lords taking into Consideration the Message received from this House of Commons on Saturday, That the Earl of Danby might be sequestered from Parliament, and put into safe Custody, did this morning upon debate, Order that the Gentleman Usher of the Black rod do forthwith take the said Earl into Custody, and him safely keep till he bring him to the Bar of their House to morrow morning. And their Lordships thought fit to acquaint this House of Commons, that this was done before they received the last Message to that purpose. Ordered, That the matter of the Information against Mr. Henry Goring, a Member of this House be Adjourned till Wednesday next, Ten of the Clock in the Forenoon. Ordered, That the consideration of the Information against Sir John Robinson, and colonel Edward Sackvile, two of the Members of this House, be Adjourned till to morrow morning, Ten of the Clock in the Forenoon, And then the House Adjourned till three of the Clock in the Afternoon. Post Meridiem. THE House being met, and Mr. Speaker having taken the Chair, Ordered, That all Committees( but the Committee of Secrecy and the Committee appointed to draw up the Address, representing to his Majesty the irregularity and illegality of the Pardon lately Granted to the Earl of Danby, and the dangerous consequence of Granting such Pardons) be Adjourned. And then the House Adjourned till to morrow morning eight of the Clock. Martis 25. Die Martii 79. A Petition of Sir Henry Coker Knight, John Bennet, and several other Free-holders of the County of Wilts, on behalf of themselves and the mayor part of the Free-holders of the same County, complaining of undue and illegal practices in the Sherriff of the said County, in Electing and Returning Sir Richard Grubham to serve in this present Parliament, as one of the Knights of the Shire for the said County, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges to examine the matter thereof, and to Report the same with their Opinions therein to the House. A Petition of John Bowen, Sherriff of the County of Haverford West, in the County of pembroke, complaining of undue and illegal practices of one Edward Hughes, in the Electing and Returning of William Wogon Esq; to serve in this present Parliament, for the said Town and County of Haverford West. Resolved, &c. That the said Petition be referred to the Committee of privileges and Elections, and they are to examine the merits of the Return before the Master of the Election. A Message from the Lords by Sir Timothy Baldwin and Sir John Hoskins. Mr. Speaker, We are Commanded by the Lords to acquaint this House, that as soon as they received your last Message they did immediately and unanimously concur. A Message from the Lords by Mr. Baron Littleton and Mr. Baron Thurland. Mr. Speaker, We are Commanded by the Lords to acquaint this House, That they sent to apprehended Thomas Earl of Danby, both to his House here in Town, and to his House at Wimbleton; And that the Gentleman Usher of the Black rod had returned their Lordships Answer, that he could not be found. The House taking into Consideration the matter of the Information given by Mr. oats against Mr. Edward Sackvile, a Member of this House, and the Witnesses being called in and Examined at the Bar of the House. Resolved▪ &c. That it does appear to this House by the Evidence this day given at the Bar, That Mr. Edward Sackvile, a Member of this House, has in several public Discourses, dishonoured and aspersed the King, and that he has gone about to make it be delivered that there is no Popish Plot, by vilifying and disparaging the Evidence given for the Discovery thereof, and containing the proceedings of Parliament thereupon, and endeavouring to stifle the belief of the murder of Sir Edmundbury Godfrey by the Papists. Ordered. That Mr. Edward Sackvile, a Member of this House, be committed to the Prison of the Tower. Ordered, That Mr. Edward Sackvile be expelled the House. Resolved, &c. That an Humble Address be made to his Majesty by such Members of this House as are of his Majesties Privy Council, for removing Mr. Edward Sackvile from all public employments and Trusts. Ordered, That a Bill be brought in to summon Tho. Earl of Danby to render himself to Justice by a certain day to be therein limited, or in default thereof to Attaint him. And it is referred to Mr. Powle. sergeant Ellis. Sir Thomas Stringer. Sir Thomas Lee. Sir Francis Winnington. Mr. Sacheverell. Mr. Vaughan. Sir Thomas Meres. Sir Thomas Clargis. Sir William Plutney. or any three of them to prepare and draw up the same. Ordered. That the matter of the Information against Sir John Robinson a Member of this House be adjourned till to morrow morning Ten a Clock, and that Mr. oats and his Witnesses do then attend. And then the House Adjourned till to morrow morning eight of the Clock. Mercurij 26 die Martij 79. A Petition of Sir Thomas Cullam, baronet: and John Rotherham Esq; complaining of several undue and illegal Practices in the Election of Sir Thomas Harvey Knight: and Thomas Jermin Esq; to serve in this present Parliament, as Burgeffes for the burrow of St. Edmonds-Bury, in the County of Suffolk, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges, to examine the matter, and report the same with their Opinion therein to the House. A Petition of the Aldermen and Burgesses of the Borough of Ruthin, in the County of Denbigh, complaining of undue practices in the Election of a Burgess to serve in this present Parliament for the Town and Borough of Denbigh, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of privileges and Elections, to examine the matter, and report the same with their Opinion therein to the House. A Petition of Mr. Christopher Wane, complaining of several undue and illegal practices in the Election, and return, of Sir Robert Eden baronet, and John T●mpest Esq; to serve in this present Parliament, as Knights of the Shire, for the County of Pallatine, of Durham. And particularly in the high Sheriff of the said County, in discharging of several Popish Recusants from their Commitment, in order to their Voting for them, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of privileges and Elections, to Examine the matter and Report the same with their Opinion therein to the House. Ordered. That a Committee be appointed to examine the matter of the Misdemeanour of the High Shereffe, of the County of Palatine of Durham; in setting at Liberty so many Papists at the time of Election, and the manner of doing it: and to report the same to the House, and it is referred to Sir Thomas Lee. Mr. Hamden. Sir Edmond Jennings. colonel Birch. Sir Robert Eden. Sir John Ernle. Mr. Stockdall. Sir Robert Peyton. Mr. palms. Mr. Newport. Sir James Long. Sir Gilbert Garrard. colonel Tempest. Sir John Coventry. Sir Henry Calverly. Mr. colt. Sir John Hotham. Sir Antony Irby. Mr. Reinal. Mr. Wharton. Mr. Trenchard Sir George Downing. And they are to meet this Afternoon at three of the Clock in the Speakers Chamber. Ordered, That the Committee, appointed to Examine the matter, touching the two Pamphlets, Printed by Mr. Hills, by order of the Lord Treasurer, be received and do sit this Afternon, in the place formerly appointed. And that Mr. Speaker, do deliver to the said Committee, the Originals by which they were Printed. The House being informed, that Doctor John Nelson, was the Author of the Pamphlet, entitled a Letter from a Jusuite at Paris, to his Correspondent in London: showing the most effectual way, to ruin the Government, and the Protestant Religion. Ordered, That Doctor John Nelson, be sent for in Custody of the sergeant at Arms, to inform the House touching the said Pamphlet. Ordered, That a Committee be appointed, to Inspect the Temporary Laws, that will expire with this Session of Parliament, and report the same to the House, and it is referred to: Sir Antony Irby. Mr. Thyn. Sir Thomas Player. Mr. palms. Sir Edward Deering. Sir Gilbert Gerrard. Sir Patience Ward. Sir Herbert Croft. Sir Scrope How. Sir Thomas Leigh. Sir Phillip Egerton. colonel Birch. Mr. Stockdale. Mr. Garraway. Mr. Mildmay. Sir Robert Peyton. Mr. Thistlewait. Sir Anthony dean. Sir George Downing. Sir Francis Drake. Sir William Thomas. Mr. Treby. Sir Jonathan Knight. Sir John Wallet. Mr. Goreing. Sir Henry Capel. Sir John Clobery. Sir John win Mr. Seymour. Sir Hugh own. Sir William Escourt. Sir Philip Skippon. Sir Ralph Dutton. Sir Eliab Harvey. Sir John Pelham. Mr. Buscawen. Mr. Partridge. Sir Edmond Jennings. Mr. Lewis. Mr Foley. Sir John win. Lord Fairfax. Sir Ralph Dalawall. Sir Joseph Tredinham. Sir Roger Norwick. And they are to meet this Afternoon, at three of the Clock in the Speakers Chamber. A Bill, to summon Thomas Earl of Danby, to render himself to Justice, by a certain day, to be therein limited, or in default thereof, to be attainted, was red the first time. Ordered. That the Bill, be red a second time to Morrow morning. Ordered, That the matter of Mr. Chetwins Information against Sir Robert Southwell, a Member of this House, touching Mr. Dugdales Evidence, relating to the Discovery of the murder of Sir Edmond-Bury Godfrey be heard at the bar of this House, on Friday next, the first Business. A Petition of several Free holders of the County of Leicester, complaining of the undue Election and return of the Lord Ross, and the Lord Sherrard, to serve in this present Parliament, as Knights of the Shire of the said County, in injury of the Petitioners, was red. Ordered. That the matter of this Petition, be heard at the bar of this House, on this day fortnight; and that the high Sheriff, and under Sheriff of the said County do then attend, Ordered. That a Bill or Bills, be brought in to regulate the Elections of Members, to serve in Parliament, upon the debate of the House: and it is referred to Mr. Holmden. Mr. Sacheverell. Sir Roger Norwich. Sir Robert Peyton. Sir Gilbert Gerrard. Mr. Reynell. Sir John win. Mr. Garraway. Sir John Clobery. Mr. freak. colonel Birch. Sir John Talbot. Sir William Pultney. Mr. Hobkins. Sir Thomas Meers. Mr. Savage. Sir John Coventry. sergeant Maynard. Mr. Foley. Sir Francis Winnington. Sir John Dawney. Sir William Escourt. Sir Edward Deering. Secretary Coventry. colonel Tempest. Mr. Bennet. Sir Robert Markham. Sir William Ellis. And they are to meet to Morrow at three of th● Clock in the Afternoon, in the Speakers Chamber, and that they do take into consideration the judgement, that was given in the Case of Sir Samuel Bernardistone. A Message from the Lords, by Sir Timothy Baldwin and Sir John Hoskins. Mr. Speaker, The Lords have sent you down a Bill, entitled an Act for the better Discovery, and speedy Conviction of Popish Recusants, to which they desire the Concurrence of this House. Ordered. That the matter of the Information against Sir John Robinson, a Member of this House, be adjourned till Saturday next, and that Mr. Oats and his Witnesses do then attend. And then the House adjourned till to Morrow morning, eight of the Clock. Jovis 27. die Marcij 79. A Message from the Lords by Sir Miles Cook and Sir John Hoskins. Mr. Speaker. The Lords have past a Bill, entitled An Act for Banishing and disabling Thomas Earl of Danby. To which they desire the concurrence of this House. An engrossed Bill sent down from the Lords entitled, An Act for the better discovery, and more speedy Conviction of Popish Recusants: was red the first time. Resolved, &c. That the Bill be red a second time. A Petition of Richard Derham Esq; setting forth, that he was duly Elected, to serve in this present Parliament for the burrow of New Radnor: but notwithstanding, one John Luntly, bailiff of the said Town, hath returned Sir Edward Harly, to serve in this present Parliament, in injury of the Petitioner, who was duly Elected, and ought to have been returned, was red. Resolved, &c. That the said Petition do ly upon the Clerks Table, till Mr. Derham do come and own the same. Ordered. That the Committee appointed to inspect the Temporary Laws, that will expire this Sessions of Parliament, be revived, and do fit this afternoon, in the place formerly appointed. A Bill to summon Thomas Earl of Danby, to render himself to Justice, by a certain day, to be therein limited, or in default thereof to attaint him, was red the second time. Resolved, &c. That the Bill be committed to Sir Francis Winnington. Sir Francis Drake. Mr. Seymour. Mr. Powle. colonel Titus Mr. Sacheveril. sergeant Ellis. Col. Birch. Lord Cavendish. Mr. Garraway. Mr. Mountacue. Sir Thomas Stringer. Mr. Upton. Sir Francis Russel. Sir William Poultney. Mr. Bennet. Mr. Williams. sergeant says. Mr. Booth. Sir Robort Peyton. Sir Thomas Lee. Sir John Clobery. Mr. Hamden. Sir edmond Jennings Sir Robert Carr. Sir John Ernle. Mr. Whorwood. Sir Cearles harboured. And they are to meet this afternoon, at three of the clock, in the Speakers Chamber, and are to bring in a clause for the discovery of all Trusts relating to the Earl of Danby, and that he may be made incaple of receiving any Pardon, but by Act of Parliament, wherein he shall be particularly name. Ordered, That Mr. sergeant Street, have leave to go the Welsh Circuit. A Message from the Lords, by Sir William Beversham and Sir John Hoskins. Mr. Speaker. The Lords have sent you a Bill, entitled An Act to disable any person from sitting in any of the Houses of Convocation, till he hath taken the Oaths, and made and subscribed the Declaration therein contained. To which they desire the Concurrence of this House. An Engrossed Bill, entitled An Act for Banishing and Disabling Thomas Earl of Danby, was red. The Question being put whether it should be red a second time. It passed in the Negative. Resolved, &c. That the Bill be rejected. A Petition of Sir Francis Rolls, baronet, complaining of undue Practices in the Electing and returning of colonel Ralph Stawell, to serve in this present Parliament, for the burrow of Bridgwater, was red. Resolved, &c. That the said Petition be referred to the consideration of the Committee of Elections and privileges, to Examine the matter, and Report the same with their Opinion therein, to the House. Sir Thomas Checheley, acquaints the House, that his Majesty had been attended with the Address of this House, desiring his Majesty that all Papers and Examinations relating to the Discovery of the Plot, might be transmitted to the Committee of secrecy, and his Majesty Commanded this Answer to be returned, That those Papers and Examinations, were delivered to the Committee of Lords, and so soon as they were dispatched there, they should be sent to the Committee of secrecy, appointed by this House. And then the House adjourned till to morrow Morning eight of the Clock. Veneris 22. die Marcij, 78. A Bill for the better securing the liberty of the Subject, was red the first time. Resolved, &c. That the Bill be red a second time, on monday Morning, ten of the Clock. Ordered. That the Members of this House, that serve for the City of London, do examine the matter, cencerning the Letter, sent to Mr. Speaker, and report the same to the House. A Petition of Sir Christopher Calthrope, Knight; was red, setting forth, That Whereas, the Case indifferent between him and Sir John Hobard, Borronet: is to be heard at the bar of this House, on Friday the Eleventh of April next: But he being sorely visited with the small Pox: cannot be able to attend the Service of the House, and therefore prays a further time for the hearing the said cause. The question being put, for granting the Petitioner further time. It passed the Negative. A Petition of Ralph Stawell Esq; praying that the merits of the Cause may be heard, with the matter of the return, for the burrow of Bridge-water, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges that the Committee do make report of the matter of the said Petition to the House. A Petition of William clerk Esq; complaining of several undue practices in the Election of Burgesses to serve in this present Parliament, for the Borough of Bridge-water, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges, and that the Committee do make a special report of the matter of the said Petition. A Petition of John Wolrich Esq; complaining of undue practices in the Election of Sir Thomas Whitmore, Knight of the Bath, and Sir William Whitmore, baronet, as Burgess to serve in this present Parliament, for the Borough of Bruges alias Bridgnorth, was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges, to examine the matter and report the same with their Opinions therein to the House. Mr. Chancellor of the Exchequer acquaints the House that his Majesty had been Attended with the Address of this House, desiring his Majesty that all Papers and Examinations relating to the Discovery of the Plot, may be transmitted to the Committee of Secrecy; and his Majesty was pleased to say, That those Papers were before the Committee of Lords, but he would give Order to the Lord Chancellor to get them dispatched there, with all Expedition, and to deliver them to the Committee of Secrecy appointed by this House. A Petition of Richard Derham Esq; complaining of undue practices in the Election of a Burgess to serve in this present Parliament for the Town of new Radnor, was tendered to be red; And Mr. Derham being called in to the Bar of the House, did own the said Petition. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Election and privileges to examine the matter, and Report the same with their Opinion therein to the House. A Petition of Edward Hales Esq; complaining of undue practices in the Mayor of Quinburrough, in Returning James halberd Esq; to serve in this present Parliament for the said burrow of Quinborough was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges, to examine the matter, and Report the same, with their Opinion therein to the House. A Petition of Algernoone Sidney Esq; was red, setting forth, that he was duly Elected to serve as a Burgess in this present Parliament for the Borough of Giltford. But by several undue practices, Thomas Dalmahoy Esq; procured himself to be returned. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges to examine the matter, and Report the same with their Opinions therein to the House▪ A Petition of John Pollen Esq; was red, setting forth that he was duly Elected to serve in this present Parliament with Francis Pawlet Esq; for the burrow of Andover, but by several illegal and undue practices William Withers Esq; procured himself to be returned as Burgess for the said Borough. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges to examine the matter of Complaint, and Report their Opinion thereupon to the House. A Petition of William clerk and other Free-holders of the County of Warwick, on behalf of themselves and the mayor part of the Free-holders of the said County, complaining of several illegal and unwarrantable practices in the Election of Knights of the Shire to serve in this present Parliament for the said County of Warwick, was red. Resolved, &c. That the matter of the said Petition, be heard at the Bar of this House on monday next come fortnight, and that the High Sherriff and under Sherriff of the said County of Warwick do then attend. The House then taking into Consideration the matter of the Information against Sir Robert Southwell, a Member of this House. Resolved, nemine contradicente. That this House be fully satisfied in the Integrity, Diligence and Faithfulness of Sir Robert Southwell, a Member of this House, in his taking and entering of the Informations of the Witnesses touching the discovery of the Treasonable and Popish Plot, and of the Murder of Sir Edmundbury Godfrey by the Papists, and that he had deserved very well of the King and Kingdom by his Pains and Care taken therein. Ordered, That the engrossed Bill entitled An Act to disable any person from sitting in any of the Houses of Convocation till he hath taken the Oaths, and made and subscribed the Declaration therein contained, be red to morrow morning, And then the House adjourned till to morrow morning eight of the Clock. Sabbati 29. Die Martii 79. ORdered, That the Orders and Proceedings of this House after they are red every morning, be entred in the Journal the same day. Ordered, That a Committee be appointed to Inspect the Journal every morning, and see that true entries be made. And it is referred to Mr. Papillon. Sir John Knight. Sir Francis Drake. Mr. Mildmay. Sir John Clobery. Mr. Dubois. Sir Ralph Ashton. Mr. Rushworth. Sir Rob. Eden. Mr. Buscaven. Mr. Temp●st. Sir Robert Markham Sir Patience Ward. or any two of them. The House being informed, That Sir Halswel Tint, baronet, is Returned to serve in this present Parliament for the Borough of Bridgwater in the County of Somerset by two Indentures, and that he ought to Sit. Ordered. That it be referred to the Committee of Elections and privileges to examine the matter of the said Return, the first Business, and Report the same with their Opinions therein to the House. Sir Robert Peyton Reports from the Committee to whom the Bill to Summon Thomas Earl of Danby to render himself to Justice by a certain day, or in default thereof to be Attainted, was Committed, That the Committee had met and had gone through the Bill, and had made some amendments, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same were twice red, and with some amendments made at the Table, were upon the Question severally agreed to. Resolved, &c. That the Bill with the Amendments agreed to, be engrossed. Resolved, &c. That this House will on Tuesday next at Ten of the Clock, take into Consideration the disbanding of the Forces that have been raised or brought over from beyond the Seas, since the 29 of September 1677. and that yet remain undisbanded, and the Pay-master of the Army, and the Commissary of the Musters do then bring in an Account of the respective Regiments, Troops and Companies or parts of Regiments, Troops and Companies that have been raised or brought over from beyond the Seas since the said 29 of September 1677, and that yet remain undisbanded, and what is due to them. Mr. Everard being called in, and having given his Evidence touching the Information against Sir John Robinson a Member of this House; and the House being informed that there were several Papers of Examinations taken from Mr. Everard, and now in the Hands of Mr. Secretary Coventry, and Mr. Secretary Coventry being indisposed, and not able to attend the Service of the House. Resolved, &c, That the further Consideration of the matter of the Information against Sir John Robinson a Member of this House be Adjourned till this day seven-night. A Petition of Sir Thomas Willis Baronett and Roger Pepys Esq; complaining of undue practices in the Election of Burgesses to serve in this present Parliament for the Town of Cambridge was red. Resolved, &c. That the said Petition be referred to the Consideration of the Committee of Elections and privileges to examine the matter of the said Petition, and Report the same with their Opinions therein to the House. Ordered, That the Committee of Elections and privileges do sit on monday next, and have liberty to receive Petitions relating to Elections on that day only. And then the House adjourned till Tuesday morning next eight of the Clock. Martis 1. die Aprilis 1679. ORdered, That Doctor Jeane be desired to Preach before this House on the eleventh day of April Instant, in the morning; and that Mr. sharp be desired to Preach before this House on that day in the Afternoon, being the day appointed by his Majesty for a solemn Fast and Humiliation, and that Dr. Edisbury do give notice to Dr. Jeane of the desire of this House, and Mr. Wogon to Mr. sharp. Ordered, That the matter of the undue and illegal practices in the Election of Knights of the Shire to serve in this present Parliament for the County of Norfolk, which was appointed to be heard at the Bar of this House on Friday the Eleventh day of April instant, be adjourned till Saturday the twelfth day of the same month, The House being informed that there is a false and scandalous Pamphlet dispersed abroad, which goes by the Name of Sir Francis Winningtons Speech, and a Copy thereof being this day delivered to the House. It is thereupon Ordered. That a Committee be appointed to inquire into the Authors and Publishers of the said Pamphlet, and also of any other Pamphlets of the like nature, and Report the same to the House. And it is referred to Sir Anthony Irby. Sir Thomas Stringer. Col. Birch. Sir Tho. Meres. Sir Robert Peyton. Col. Titus, Mr. Buller. Mr. Wogan. Mr. Colt. Mr. Powle. Mr. May. Sir Tho. Lee. Sir Fra. Russel. Mr. Parthridge. or any three of them, and they are to meet this Afternoon at three of the Clock in the Speakers Chamber, and are empowered to sand for Persons, Papers and Records. Sir Thomas Meres Reports from the Committee of Elections and privileges, That the Committee had taken into Consideration the matter of the Return for the Borough of Montgomery, and had agreed upon a Report, which he red in his place and afterwards delivered the same in at the Clerks Table, where the same was red and is as followeth. There are two Indentures both dated the eighteen day of February, one between John Williams Esq; Sherriff of the County of Montgomery of the one part, and Whittingham and Roger Jones bailiff, and many Burgesses of the said Borough of the other part wherein Mr. Matthew Price is returned, and is Signed by both the Sherriff and many Burgesses and a large Seal against the bailiffs names and a Seal to each of the Burgesses names. The other Indenture is between the same Sherriff of the one part and many Burgesses of the Borough of Montgomery, pool and Kanvilling, in the same County of the other part, whereby Mr. Edward Lloyd is returned, and is Signed by many of the said Burgesses, but not either of the bailiffs hands, nor any Seal at all. Whereupon the Committee came to this Resolution. Resolved, &c. That it is the Opinion of this Committee, That the Indenture wherein Matthew Price Esq; is returned to serve in this present Parliament for the Borough of Montgomery is well and duly Returned, and by the proper Officers, and that thereupon he ought to sit in this present Parliament, as well Returned for the said Borough of Montgomery. Resolved, &c, That this House doth agree with the Committee. That the Indenture wherein Matthew Price Esq; is returned to serve in this present Parliament for the Borough of Montgomery is well and duly returned, and by the proper Officers, and that thereupon he ought to Sit in this present Parliament as well and dued for the said Borough of Montgomery. Sir Thomas Meres further Reports from the Committee of Elections and privileges, That the Committee had taken into Consideration the matter of the Return for the Borough of Brecon, and had agreed upon a Report which he red in his place, and afterward delivered the same in at the Clerks Table, where the same was red, and is as followeth. To the Writ for Brecon there is affixed. 1. An Indenture dated the eight and twentieth of February last, made between Richard Jones and Lancelot Herbert Aldermen of the Borough of Brecon, and many other Burgesses of the said Borough of the one part, and Thomas Bulcott Sherriff of the said County of the other part, Witnessing, That by Virtue of a Mandate to the bailiff of the said Borough, directed, the said Alderman and Burgesses had choose Thomas Mancell Esq; Burgess for the said Borough: In Witness whereof the said Alderman and Burgesses had set their Hands and Seals; and accordingly there is set their Hands and Seals of the said Alderman, and a Multitude of others, but the bailiff is neither party to the Indenture, nor his Hand and Seal to it. 2. And also there is another Indenture affixed to it, Dated the same day, made between the said Sherriff of the County of Brecon of the one part, and John Waters Esq; bailiff of the said Borough of the other part, Witnessing that the said bailiff with the whole Assent and Consent of the rest of the Burgesses there( by virtue of a Warrant of the said Sherriff to the said bailiff directed) hath made Choice and Election of John Jefferies Esq; to be Burgess for the said Borough, In Witness whereof the said bailiff and Burgesses have set not only the Common Seal of the said Borough, but also their own Hands and Seals, and accordingly there is a broad Seal affixed to it, and is subscribed John Waters, bailiff; and many other Hands and Seals are also set thereunto. Resolved, &c. That it is the Opinion of this Committee. That the Indenture wherein John Jefferyes Esq; is returned to serve in this present Parliament, for the Borough of Brecon, is well and duly returned to serve in this Parliament, for the said Borough of Brecon. Resolved, &c. That this House doth agree with the Committee. That the Indenture wherein John Jefferyes Esq; is returned to serve in this present Parliament for the Borough of Brecon, is well and duly returned and by the proper Officer, and that thereupon he ought to sit as well and duly returned to serve in this Parliament for the said Borough of Brecon. Sir Thomas Meers further reports, from the Committee of Elections and privileges, That the Committee had taken into Consideration, the matter of the return of the Town and Port of Dover, and had agreed upon a Report, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was red, and it is as followeth. The Writ is directed Constabulario Castri Dover ac custod. Quinque Portum. vel ejus locum ten. ibidem, upon which Writ is in dorsed thus, Executio istius bris. patet in quibusdam, schedul▪ huic brevi, annexat. Responsio Johis Strode Armiger. loc. Tenen. Dni. Regis Castr. Dover, &c. I. To which Writ is affixed a precept made by John Strode Esq; the Kings Lieutenant of Dover Castle, directed to the Mayor Jurats and commonalty of the Town and Port of Dover in the County of Kent to choose two Barons for the said Port, upon which precept is endorsed thus Executionem istius mandati patet in quad. Jndentura huic annix. per mayor. Jurat & communitat. ville& Port. Dover. predict. in Commitatu predict. II. There is affixed to the said Writ, an Indenture dated the third day of March last, made between John Strode Esq; Lieutenant of his Majesties Castle of Dover of the one part, and the Mayor, Jurats and Commonalty have chosen William Stokes Esq; and Thomas Papillion Esq; to be their barons, and in Witness thereof the said Mayor, Jurats and Commonalty had caused their Common Seal to be affixed thereto, and accordingly there is a large Seal, affixed to the same Indenture. III. There is affixed to the same Writ, a Writing purporting an Indenture, but made between no Body, Witnessing that the mayor, Jurats and barons of the Town and Port of Dover, in a full Hundred there, that is to say, George West Deputy, mayor John Valie, and Aaron Wellard, Jurats five of the Common council and ten other styled barons of the said Port, have chosen Thomas Papillion Gent. and John Strode, Esq; our Coin barons. In Witness whereof we the mayor Jurats and Barons of the Port aforesaid, have put our Hands, and Seals, and 'tis subscribed by George West, Deputy mayor, and seventeen others, and eighteen Seals affixed at the Bottom. But no great or Common Seal either to it or mentioned so to be. Resolved, &c. That it is the Opinion of this Committee. That the Indenture wherein William Stokes Esq; and Thomas Papillion Esq; are returned to serve in this present Parliament, as Barons for the Town and Port of Dover, is well and duly returned to serve in this present Parliament, for the said Town and Port of Dover. Resolved, &c. That this House doth agree with the Committee, That the Indenture, wherein William Stokes Esq; and Thomas Papillion Esq; are returned to serve in this present Parliament, as Barons for the Town and Port of Dover, is well and duly returned, and by the proper Officer, and that thereupon they ought to sit as duly returned to serve in this present Parliament, for the said Town and Port of Dover. Sir Thomas Meers, further Reports from the Committee of Elections and privileges, that the Committee had taken into Consideration, the matter of the return for the Borough of Bridgwater, and had agreed upon a Report, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was red, and it is as followeth: About the return for Bridgwater, It appears that Sir Halswell tint, is returned in an Indenture affixed to the Writ, with Sir Francis Rolls, under a Seal of the Borough of Bridgwater, and the Mayors Hand also to it. And there is also produced to the Committee, another Indenture, wherein Sir Halswell tint is returned singly, as one of the Burgesses of the said Borough, under a larger Common Seal of the said Borough. And Mr. William harboured, a Member of the House in his place declared, That the, same day this Parliament began, which was the sixth of March last, Sir Halswell tint, came to him, and shewed him the last mentioned Indenture, That thereupon he and Sir Halswell tint, went to the sheriff, to desire him to affix it to the Writ, which he was very willing to do, but that he had carried in all the returns of that County, to the Clerk of the Crown, and therefore could not affix it himself, but went with Mr. Harbourd a●d Sir Halswell tint, to the Clerk of the Crown to Westminster, and desired him to affix it, which he refused to do, saying, he had already made out his Book of Returns, and could not then accept this Indenture. But the Committee being satisfied that Sir Halswell tint, was Elected both by the secret Number of Capital Burgesses, and also by the Popularity. And that the Petitioners, who complain of the said Election do admit him to be duly Elected. Resolved, &c. That it is the Opinion of this Committee. That the Clerk of the Crown, shall affix the Indenture wherein Sir Halswell tint, is singly returned to the Writ, for the County of Summerset, and that Sir Halswell tint, ought thereupon to sit as duly returned to serve in this present Parliament for the Burough of Bridgwater. Resolved, &c. That this House doth agree with the Committee. That the Clerk of the Crown, shall affixed the Indenture, wherein Sir Halswell tint, is singly returned to the Writ, for the County of Summerset. And that Sir Halswell tint, ought thereupon to sit as duly returned to serve in this present Parliament, for the Borough of Bridgwater. And the Clerk of the Crown being called in, did afffix the Indenture, wherein Sir Halswell tint, is singly returned to the Writ, for the County of Summerset. To the Writ for Elections of Members for the County of Summerset is annexed. I. An Indenture dated the twentieth day of February last, and made between John Carew Esq; sheriff of the County of Summerset, of the one part, and Sir Edward Phylips Knight, and eight others Capital Burgesses of the Borough of ●velch●ster, of the other part Witnessing, That according to the form of a Breve to the bailiff of the said Borough directed the said Burgesses and others who were intressed in the Proclamation in the said Indenture aforementioned had chosen Edward Philips and Robert Hunt Esquires two Burgesses for the said Borough, in Witness whereof the said Burgesses had put their Common Seal and accrdingly there is a broad Seal affixed thereto, and several Hands subscribed: but the bailiff is neither party to the said Indenture, nor hath set his Hand or Seal to it. 2. There is also affixed to the said Writ another Indenture dated the same day, made between the sheriff of the one part, and the bailiff and Burgesses of the Burough of Ivelchester of the other part, Witnessing, that by virtue of a Precept from the said sheriff, the said bailiff, Burgesses, and inhabitants of the said Borough, have Elected William Strode Esq; and John speak Esq; to be Burgesses of Ivelchester aforesaid. In Witness whereof the said bailiff or his Deputy together with the Burgesses of the said Borough have put their Hands and Seals, To which Indenture there is only one Seal affixed, and over it Thomas Holliard bailiff, and upon the same Indenture John Lockyer, George Slade, and on the back is endorsed many Witnesses, to the Signing, Sealing and delivery thereof. Resolved, &c. That it is the Opinion of this Committee. That the Indenture wherein William Strode Esq; and John Speak Esq; are returned Burgesses to serve in this present Parliament, for the Borough of Ivelchester in the County of Sumerset, is well and duly returned, and by the proper Officer, and that thereupon they ought to sit as duly returned to serve in this present Parliament for the said Borough. Resolved, &c. That this House doth agree with the Committee. That the Indenture wherein William Strode Esq; and John speak Esq; are returned Burgesses to serve in this present Parliament for the Borough of Ivelchester in the County of Sumerset, is well and duly returned by the proper Officer, and that thereupon they ought to sit, as duly returned to serve in this present Parliament for the said Borough. A Bill for summoning Thomas Earl of Danby, to render himself to Justice by a certain Day, or in default thereof, to attaint him of High Treason, was red third time, and some amendments being made at the Table. Resolved, &c. That the Bill do pass and the Title be an Act for the attainder of Thomas Earl of Danby of High Treason, and that Sir Robert Peyton do carry up the Bill to the Lords for there concurrence. Ordered. That the bill for the better securing the Liberty of the Subject be, red to morrow morning the first business. And that the report from the Committee appointed to inspect the Temporary Laws, that will expire with this Sessions of Parliament be made next after the reading of the said bill. The House then took into Consideration the disbanding of the Forces, Raised or brought from beyond the Seas, since the 29 of September, and that yet remain undisbanded, and what is due to them; and Mr. Kingdom the Pay-master of the Army, having according to the Order of the House, delivered in an Account relating to the said Forces and the same being red at the Table. Ordered, That a Committee be appointed to inspect and examine the said Accounts and draw up a State of the same, and present it to the House, and it is referred to Sir George Downing Mr. Seamour. Mr. Vaughan. Sir John guys. Sir Robert Carr. Sir Henry capel. Sir Thomas Player. Mr. Garraway. Sir Robert Peyton. Sir John Knight. Mr. Urnon. Sir Anthony Irby. Sir Anthony Dean. Mr. Kingdon. Sir Robert Howard. Mr. Russel. Mr. Gower. Mr. Mildmay. Lord Annesley. Mr. freak. Mr. johnson. Mr. Booth. Sir Robert Markham. Mr. Powle. Sir Robert Atkins. Sir John Hotham. Alderman Love. Sir Samuel Bernardiston. Mr. Parthridge. Mr. Papillon. Col. Birch. Mr. Dubois. Sir Francis Drake. Sir Gilbert Gerrard. Sir Wil. Coventry. Sir Tho. Clargis. Sir Edward Harley. Sir Ralph Denall. Sir Eliab Harvey. Sir Wil. Portman. Mr. Sacheverell. Sir Vincent Corbet. Col. Strangewayes. Sir Thomas Meres. Sir Thomas Stringer. And they are to meet this Afternoon at four of the Clock in the Speakers Chamber, and are empowered to sand for Persons, Papers and Records. Resolved, &c. That the continuing of▪ any standing Forces in this Nation, other than the Militia, is Illegal, and a great grievance and vexation to the people. A Petition of Edward Sackvile Esq; committed to the prison of the Tower, by this House, acknowledging his offence, and begging the pardon and favour of the House that he may be discharged of his Imprisonment. Ordered. That Mr. Sackvile be discharged of his Imprisonment, and that Mr. Speaker do issue out his Warrant accordingly. And then the House Adjourned till too morrow morning eight of the clock. Mercury 2. die Aprilis 79. MR. Chancellor of the duchy of Lancaster, being Elected to serve in this present Parliament, both for the County of Lincoln and for the burrow of Preston in the County of Lancaster, made his Election to serve for the County of Lincoln. Ordered. That Mr. Speaker do issue out his Warrant to the Clerk of the Crown, to make out a new Writ for Electing of a Burgess to serve in this present Parliament, for the burrow of Preston, in the County of Lancaster. A Complaint being made of a breach of privileges committed upon Mr. Lucy, a Member of this House, by one Joseph White, one of his Majesties Messengers, and Stephen Holland, in seizing and detaining his Coach and Horses, after he was returned to serve in the last Parliament, for the burrow of Yarmouth, in the I sle of Wight. Ordered. That it be referred to the Committee of privileges and Elections, to Examine the matter of the breach of privileges committed upon Mr. Lucy a Member of this House, and to Report the same with their Opinion therein to the House. A Bill for the better securing the Liberty of the Subject, was red the same time. Resolved, &c. That the Bill be committed upon the debate of the House to sergeant Maynard. Sir Thomas Clargis. Sir John Hewley. Sir Nicholas Pedley. Sir Thomas Lee. Sir John Mallet. Sir Anthony Irby. Sir Francis Drake. Mr. Reynal. Sir John win. Sir Gilbert Gerrand. Mr. Jacob. Sir Edward Deering. Sir John Trevor. Sir Thomas Meers. Sir Thomas Player. Sir Vincent Corbet. Mr. Papillion. Mr. Williams. Sir Christopher Musgrave. Sir William Estcourt. Sir John Hotham. Sir James Oxendon. Mr. speak. Sir Robert Peyton. Mr. Wogan. sergeant Street. Mr. Stockdale. Sir Charles caesar. Mr. Pilkinton. Sir Henry Thomson. Mr. Thurborn. Mr. Trenchard. Sir Henry Capel. Mr. thin. Sir John Knight. colonel Titus. Sir Henry Ford. Mr. Kellard. Mr. Roberts. Mr. palms. Mr. Seymour. Sir John Darrel. Mr. Ouslow. Mr. Vaughan. Sir Walter Young. Mr. Apreece. colonel Birch. And all the Gentlemen of the Long rob, and all that come are to have Voices, and they are to meet too morrow at two of the clock in the afternoon, in the Exchequer Chamber. Mr. palms Reports from the Committee appointed to inspect the Temporary Laws, that will expire with this Session of Parliament. That the Committee had agreed upon a Report, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was red, and is as followeth. ( 13. Car. 2. Cap. 8.) An Act for providing necessary Carriages for his Majesty in his Royal Progress and removal. ( 13. and 14. Car. 2. Cap. 2.) An Act for repairing the High Ways, and Sewers, and Paving and keeping clean the Streets in and about the City of London and Westminster, and for reforming of annoyances and disorders in the Streets of London and Westminster, and places adjacent, to the said cities, and for the regulating and licencing of Hackney Coaches, and for enlarging of several streight and inconvenient Streets and passages. ( Ibidem Cap. 6.) An Act for relief of poor and maimed Officers and Soldiers, who have faithfully served his Majesty and his Royal Father, in the late Wars. ( Ibid. Cap. 12.) An Act for better relief of the poor of the Kingdom( excepting what relates to the Corporations mentioned and constituted thereby.) ( Ibid. Cap. 20.) An Act for providing of Carriage for Land and by Water, for the use of his Majesties Navy and Ordnance. ( Ibid. Cap. 21.) An Act for preventing the unnecessary charge of Sherriffs, and for ease in passing their Accounts. ( Ibid. Cap. 32.) An Act for the better regulating of the Manufacture of broad Woollen Cloth, within the West riding of the County of York. ( Ibid. Cap. 33.) An Act for preventing abuses in Printing Seditious, Treasonable and unlicensed Books and Pamphlets, and for regulating of Printing and Printing Presses.( 17. Car. 2. Cap. 4.) an Act for continuance of aformer Act, for regulating the Press. ( 15. Car. 2. Cap. 5.) An Act for regulating Select Vesteries. ( 18. Car. 2. Cap. 2.) An Act against importing Cattle from Ireland, and other parts beyond the Seas, and Fish taken by foreigners. Resolved, &c. That the House will on Tuesday next, at ten of the Clock, resolve itself into a Committee of the whole House, to consider of the Act against Importation of cattle from Ireland, and other parts beyond the Seas, and Fish taken by foreigners. Ordered. That the Report made this day, from the Committee appointed to inspect the Temporary Laws, be referred to the same Committee, to consider what Acts are fit and necessary to be continued, and they are to hear the complaints of the hackney Coachmen, and to make their Report thereupon to the House▪ And that all the Gentlemen of the Long rob be added to the said Committee, and all that come are to have Voices, and they are to meet this afternoon at three of the clock, in the Speakers Chamber, and they are impowred to sand for persons, papers and Records. And then the House Adjourned, till to morrow morning, eight of the clock. Jovis 3 die Aprilis 79. SIR Thomas Clargis Reports from the Committee appointed to prepare and bring in a Bill for securing the King and Kingdom, against the growth and danger of Popery: that the Committee had agreed upon a Bill, which he delivered in at the Clerks Table, where the same was red the first time. Resolved, &c. That the Bill be red a second time. The House being informed that it was necessary that certain persons should be immediately Apprehended, in order to their being examined by the Committee of secrecy. Ordered, That Mr. Speaker do issue out his Warrant to the Setjeant at Arms, attending this House, to take into custody such persons as shall be nominated to Mr. Speaker. Mr. Trebe Reports, from the Committee of secrecy, appointed to take Informations and prepare Evidences, and draw up Articles against the Lords that are Impeached and now in the Tower, and to take such further Informations as shall be given, relating to the Plot and Conspiracy against his Majesty and the Government, and the murder of Sir Edmundbury Godfrey. That the Committee had agreed upon a Report, containing several Articles of Impeachment of High Treason and other high Crimes and Offences, against William Earl of Powys, William Viscount Stafford, Henry Lord Arundel of Wardour, William Lord Petre and John Lord Bellasis: which he red in his place, and afterwards delivered in the same at the Clerks Table, where the same were red, and with an amendment made at the Table, whereupon the question agreed to, and are as followeth. ARTICLES of Impeachment of High Treason, and other high Crimes and Offences, against William Earl of Powys, William Viscount Stafford, Henry Lord Arundel of Wardour, William Lord Petre, and John Lord Bellasis, now Prisoners in the Tower of London. THAT for many years now last past, there hath been contrived and carried on, a treacherous and execrable Conspiracy and Plot, within this Kingdom of England and other places, to alter, change and subvert the ancient Government and Laws of this Kingdom and Nation, to suppress the true Religion therein Established, and to extirpate and destroy the professors thereof, which said Plot and Conspiracy, was contrived and carried on in divers places▪ and by several ways and means, and by a great number of persons of several qualities and degrees, who Acted therein, and intended thereby to accomplish the aforesaid wicked and traitorous designs and purposes. That the said William Earl of Powys, William Viscount Stafford, Henry Lord Arundel of Wardour, William Lord Petre, and John Lord Bellasis, together with Phillip Howard, commonly called Cardinal of Norfolk, Thomas White alias Whitebread, commonly called Provincial of the jesuits in England, Richard Strange lately Provincial of the jesuits in England, 〈◇〉 Vincent, commonly called Provincincial of the Dominicans in England, James Cocker, commonly called President of the Benedictines, Sir John Warner alias clear baronet, William Harcourt, John Kennis, Nicholas Blundel, 〈◇〉 Pole, Edward Mico, Thomas Bedingfield, alias Benefield, Bazile Langworth, Charles Peters, Richard Peters, John Conyers, Sir George Wakeman, Thomas Fenwick, Dominick Kelly, F●tz Geral●, 〈◇〉 Evers, Sir Thomas Preston, William Lov●l jesuits, Lord Baltimore, John Carrel, John Tawnley, Richard Langhorn, William Fogarty, Thomas Penny, Matthew Medburne, Edward Coleman, William Ireland, John Grove, Thomas Pickering, John Smith, and divers other Jesuits, Priests, friars, and other persons, as false Traitors to his Majesty and Kingdom, within the time aforesaid, have traitorously Consulted Contrived and Acted to and for the accomplishing the said wicked, pernicious, and traitorous Designs: And for that end, did most wickedly and traitorously agree, conspire and resolve to Imprison, Depose and murder his Sacred Majesty, and to deprive him of his Royal State, Crown and Dignity, and by malicious and advised speaking, writing, and other ways declare, such their purposes and intentions, and also to subject this Kingdom and Nation, to the Pope and his Tyrannical Government, and to seize and share amongst themselves, the Estates and Inheritances of his Majesties protestant Subjects. And to Erect and Restore abbeys, Monasteries, and oath Convents of ocieties, which have been long since, by the Laws of this Kingdom suppressed, for their superstitions and Idolatry, and to deliver up and restore to them the Lands and possessions, now vested in his Majesty and his Subjects, by the Laws and Satutes of this Realm. And after to Found and Erect new Monasteries and Convents, and to remove and deprive all protestant Bishops, and other ecclesiastical persons, from their Offices, Benefits and preferments▪ And by this means to destroy his Majesties person, extirpate the Protestant Religion, overthrow the Rights, Liberties and Properties of all his Majesties good Subjects, subvert the Lawful Government of this Kingdom, and subject the same to the Tyranny of the See of Rome. That the said Conspirators, and their Complices and Confederates, traitorously had and held several Meetings, Assemblies, and Consultations, wherein it was contrived and designed amongst them what means should be used, and what persons and Instruments should be employed, to murder his Majesty, and did then and there resolve to effect it by poisoning, shooting, stabbing, or some such like ways and means; and offered rewards, and promises of advantage to several persons, to execute the same, and hired and employed several wicked persons to go to Windsor and other places, where his Majesty did Reside, to murder and destroy his Majesty; which said persons or some of them accepted such rewards, and undertook the perpetrating thereof, and did actually go to the said places, to that end and purpose. That all the said Conspirators, the better to compass their traitorous Designs, have consulted to raise Men, Money, Horses, Arms, and ammunition, and also have made Applications to, and Treated and Corresponded with the Pope, his Cardinals, Nuncio's and Agents, and other foreign Ministers and persons, to raise and obtain supplies of Men, Money, Arms and ammunition, therewith to make, levy and raise War, Rebellion and Tumults, within this Kingdom, and to invade the same with foreign Forces, and to surprise, seize, and destroy his Majesties Navy, Forrs, Magazeens, and places of strength, within this Kingdom, whereupon the Calamity of War, murder of Innocent Subjects, men, women and children; burning, rapine and devastations, and other dreadful miseries and mischiefs must inevitably have ensued, the Ruin and Destruction of this Nation. And the Conspirators have procured, accepted and delivered out several Instruments, Commissions and Powers, made and granted by or under the Pope, or other unlawful and usurped Authority, to raise and dispose, of Men, Money, Arms and other things, necessary for their wicked and traitorous Designs, and namely a Commission for Henry Lord Arundel of Wardour, to be Lord Chancellor of England, another Commission for the said William Earl of Powys, to be Lord Treasurer of England, another Commission to the said John Lord Bellasis, to be General to the Army, to be raised, another Commission to the said William Lord Petre, to be Lieutenant General of the said Army, and the said William Viscount Stafford, was appointed by another Commission to be Pay-Master-General of the Army, which Commissions they accepted. That in order to encourage themselves in the prosecuting their said wicked Plots, Conspiracies and Treasons, and to hid and hinder the discovery of the same, and to secure themselves from Justice and Punishment, the Conspirators aforesaid, their Complices and Confederates, have used many wicked and diabolical practices;( viz.) They did cause their Priests to Administer to the said Conspirators an Oath of secrecy, together with their Sacrament, and did also cause their said Priests upon Confession, to give their Absolution, upon condition that they should conceal the said Conspiracy. And when about the Month of September last, Sir edmond bury Godfrey, a Justice of the Peace, had, according to the duty of his Oath and Office, taken several Examinations, and Informations, concerning the said Conspiracy and Plot, the said Conspirators or some of them, by advice, assent, council and instigation of the rest, did invite and procure divers persons to ly in wait and pursue the said Sir Edmond bury Godfrey, divers ways with intent to murder him, which at last was perpetrated and effected by them, for which said horrid Crimes and Offences Robert Green, Henry B●●r●, and laurence Hill, have been since attained, and D●minick Kelly and Gerr●l●, and others are fled for the same. After which murder, and before the Body was found, or the murder known, to any but the Complices therein, the said persons falsely gave out, that he was alive, and privately married; and after the Body was found, dispersed a false and malicious Report, that he had Murthhred himself. Which said murder was committed, with design to stifle and suppress the Evidence he had taken, and had knowledge of, and to deter Magistrates and others from acting in further discovery of the said Plot and Conspiracy, for which end also the said Sir Edmondbury Godfrey while he was alive, was by them, their Complices, and Favourers, threatened and discouraged in his proceedings about the same. And of their further Malice, they have wickedly contrived, by many false suggestions, to lay the Imputation and Guilt of the aforesaid horrid and detestable Crimes, upon the Protestants, that so thereby they might escape the punishments they have justly deserved, and expose the Protestants, to great scandal, and subject them to persecution and oppression, in all Kingdoms and Countries, where the Romish Religion is received and professed. All which Treasons Crimes, and Offences above mentioned, were contrived, committed, perpetrated, acted and done by the said William Earl of Powys, William Viscount Stafford, William Lord Petre, Henry Lord Aru●del of Wardour, and John Lord Bellasis, and other the Conspirators aforesaid, against our sovereign Lord the King, his Crown and Dignity, and against the Laws and Statutes of this Kingdom. Of all which Treasons, Crimes, and offences, the Knights, citizens and Burgesses in Parliament Assembled, do in the Name of themselves, and of all the Commons of ENGLAND, Impeach the said William Earl of Powys, William Viscount Stafford, William Lord Petre, Henry Lord Arundel of Wardour, and John Lord Bellasis, and every of them. And the said Commons by Protestation saving to themselves the liberty of exhibiting at any time hereafter any other Accusations or Impeachments against the said William Earl of Powis, William Viscount Stafford, William Lord Petre, Henry Lord arundel of Wardour and John Lord Bellasis and every of them; and also of replying to the Answers which they and every of them shall make to the Premises or any of them, or to any other Accusations or Impeachments which shall be by them exhibited( as the Cause according to Course and proceedings of Parliament shall require) do pray that the said William Earl of P●wis, Henry Lord Arundel of War●our, and John Lord Bellasi●, and every of them may be put to Answer all and every of the premises, and that such Proceedings, Examinations, trials and Judgments may be upon them and every of them, had and used, as shall be agreeable to Law and Justice and course of Parliament. Resolved, &c. That the said Articles be engrossed. An engrossed Bill sent from the Lords, entitled An Act to disable any person from sitting in any of the Houses of Convocation till he hath taken the Oaths, and made and subscribed the Declaration therein mentioned, was red the first time. Resolved, &c. That the Bill be red a second time. Mr. Hamden Reports from the Committee appointed to bring in a Bill or Bills upon the debate of the House, to regulate the Election of Members to serve in Parliament: That the Committee had agreed upon a Bill, which he delivered in at the Clerks Table, where the same was red the first time. Resolved, &c. That the Bill be red a second time. And then the House Adjourned till to morrow morning eight of the Clock. Veneris 4. die Aprilis 79. SIR Thomas Clargis Reports from the Committee, to whom the Bill for the better securing the liberty of the Subject was committed, That the Committee had met, and had gone through the Bill, and have made some amendments, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same were twice red, and upon the question severally agreed to. Resolved, &c. That the Bill with the amendments agreed to, be engrossed. Ordered. That leave be given to bring in a Bill for the exportation of Leather. Ordered, That the Report tourhing the Election for Windsor be made to morrow morning at ten of the Clock. An engrossed Bill sent down from the Lords, entitled, An Act for the better Discovery and more speedy Conviction of Popish Recusants, was red the second time. Resolved, &c. That the Bill be committed to Mr. Buseawen. Sir Eliab Harvey. Sir Thomas Lee. Sir John Talbot. Sir Thomas Stringer. Sir Tho. Mompesson. Sir Sam. Bernardiston. Sir Henry capel. Sir Christopher Musgrave. Sir John Knight. Sir John Trevor. Mr. thin. Master of the Rolls. Mr. Ayliffe. Sir Walter Young. Sir William Coventry. Sir John guys. Lord Cavendsh. Sir Fra. Russel. Mr. Bennet. Mr. Wright. Mr. Bockland. Mr. Ouslow. Sir William Coventry. Sir Thomas Player. Sir Robert Markham. Mr. Dubois. Sir John win. Sir Gilbert Gerrard. Alderman Love. Sir Thomas Grosvenor. Sir Gervas Elwes. Lord Annesley. Sir John Cloberry. Sir Tho. Middleton. Mr. Reynall. Sir Robert Clayton. Sir Thomas Meres. Sir George Downing. Mr. Vaughan. Sir Anthony Irby. Mr. Powle. Sir Francis Drake. Sir John Hotham. Sir Halswell tint. sergeant says. Mr. Upton. Mr. Gerrard. Mr. Hamden. Sir Nich. Carew. Mr. Swinfen. Sir John Mallet. Mr. Hopkins. Sir Edward Deering. Sir Vincent Corbett. And they are to meet to morrow at two of the Clock in the Afternoon, in the Speakers Chamber, and are to bring in a Clause to prevent any of the Royal Family from matching with Popish Recusants. Ordered, That Mr. Speaker do Issue out his Warrant to the sergeant at Arms attending this House, for the apprehending of Mr. Robert Brent. Ordered, That Sir Robert Southwell do inquire and search into his Papers, and with the Clerks of the House of Lords, whether there be a Letter, Written by the Lord Stafford, that has not as yet been communicated to the Committee of secrecy appointed by this House, and give the House an Account thereof to morrow morning. A Message from the Lords by Sir Miles cook and Sir John franklin. Mr. Speaker. The Lords desire a present Conference with this House in the Painted Chamber, concerning the Bill sent up against the Earl of Danby. The Mess●ngers being withdrawn, Resolved, &c. That this House will meet the Lords at a present conference in the painted Chamber. Ordered, That Mr. Powle. Sir Fra. Winnington. Sir Tho. Lee. Sir Wil. Coventry. Mr. Seymour. Sir John Trevor. colonel Birch. Sir Thomas Player. Sir Thomas Meers. Mr. Vaughan, Mr. Hamden. Sir Henry capel. colonel Titus. Sir Robert Carr. Mr. thin. Sir Eliab Harvey. do attend and manage the Conference. Sir Francis Winnington Reports from the Conference, That the Lord Privy Seal managed the Conference, and that what he delivered, was to this effect. That the Lords choose to deliver back this Bill by Conference rather than Message, to preserve a good understanding, and to prevent Debate or Controversy between them. The Lords observe that the great Affairs of this Nation are at a stand, at a time of greatest danger and difficulty that this Kingdom ever laboured under. That the King hath always in his Reign inclined to Mercy and Clemency to all his Subjects. Therefore to a King so merciful and compassionate: the first Interruption of his Clemency they did desire should not proceed from the two Houses, pressing the King to an Act of the greatest Severity. Therefore have passed the Bill with some amendments, which he delivered, and the amendments being brought to the Table, and there once red. Ordered, That the Consideration of the said Report be Adjourned till to morrow morning. Ordered, That Mr. clerk do from time to time attend the Committee of Secrecy appointed by this House, as they shall think necessary, and receive their Directions. Resolved, &c. That an Humble Address be made to his Majesty, to desire his Majesty to issue out his Royal Proclamation for the apprehending of Thomas Earl of Danby, with the usual penalties upon such as conceal him. And that his Majesty will be further pleased to give Order to the Officers of his Majesties household, that they take care that the said Earl of Danby be not permitted to reside within either of his Majesties Palaces of White-Hall, Somerset House and St. James's. And it is referred to Mr. Powle. Sir Thomas Meeres. Sir Wil. Coventry. Mr. Bennet. Sir Robert Carr. Sir Thomas Lee. Mr. Vaughan. colonel Birch. colonel Titus. Sir John Trevor. Sir Thomas Clargis. Sir Fra. Winnington. to prepare and draw up the same, and present it to the House to morrow morning. And then the House Adjourned till to morrow morning eight of the clock. Sabbati 5. die Aprilis 79. A Bill for the better regulating the Elections of Members to serve in Parliament was red the second time. Resolved, &c. That the Bill be committed to Mr. Hamden. Sir John Hewley. sergeant Maynard. Col. Titus. Mr. Buscaven. Sir John Cloberry. Sir James Oxenden. Sir Nich. Pedley. Sir Vinc ent Corbett. Sir Samuel Bernardiston. Sir Henry Ford. Coll. Birch. Mr. May. Master of the Rolls. Sir John carry. Sir Wil. Coventry. Sir Tho. Stringer. Mr. Withers. Mr. Upton. Sir John Duke. Mr. Mildmay. Sir Tho. Player. Mr. Wright. Sir Robert Peyton. Sir Henry Capel. Alderman Love. Mr. Wogan. Mr. Garraway. Sir Gilbert Gerrard. Sir Edmond Jennings. Sir Walter Young. Mr. Foley. colonel Tempest. Mr. Williams. Sir Tho. Clargis. Mr. palms. Mr. Parker. Mr. Papillon. Sir Tho. Lee. Sir Wil. franklin. Mr. harboured. Sir Tho. Meres. Sir Chr. Musgrave. Sir Robert Markham. Mr. Reynall. Sir Ralph Dutton. Sir Philip Skippon. Sir Philip Egerton. Mr. Powle. Sir Joseph Tredinhame. Mr. Colt. Sir Rich. Grahme. Sir Tho. Middleton. And all that come are to have Voices, and they are to meet at three of the Clock this Afternoon in the Exchequer Chamber, and are at liberty to divide the Bill into several Bills as they shall see Cause. Sir Thomas Meres Reports from the Committee of Elections and privileges, That the Committee had agreed upon a Report touching the Election of Members to serve in this present. Parliament for the Borough of New Windsor, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was once red again, and is as followeth. The question was, whether the Mayor, bailiffs and Burgesses not exceeding the number of Thirty, or the Inhabitants at large, have Right to Vote in Elections to Parliament. The Petitioners Mr. Winwood and Mr. Starkey produced the several Records following, to prove the Borough of New Windsor, to be a Borough by prescription, and that the Inhabitants at large ought to Vote in Elections. A Charter of 5 Ed. 1. Whereby the King grants probis hominibus de Windsor. Quod villa de Nova Windsor de ceter. sit liber burr. Et quod probi homines ejusdem villae sint liberi Burgenses& habent Gildam Mercatoriam. And laurence Halsted, Keeper of the Records of the Tower testified that the ancientest returns of Members to serve in Parliament, were those of Ed. 1. They also produce these Records following, being Returns out of the Tower and Rolls( viz.) 30 Ed. 1. Two Burgesses returned for New Windsor on this Writ. mayor& come. Burgens. eleger. 25 H. 6. in cujus testimor. Sigel. Commune omniu.& singlor. Burgens.& Comitatis predict. est appensu. 27 H. 6. The same exactly. 39 H. 6. mayor Balivi& tota commit. elegerunt Dat. sub. sigillo Majoritatis. 7 Ed. 6. mayor simul●r. Ballivis Burgens& Comitate elegerunt. in cujus testimonium sigil. Comune Burgi in Gilda ibm apposuimus. 1 & 2 Phil. mayor Ballivi& Burgens simule.& marc. Comitate ex comuni assusu elegerunt dat sub sigil. come. Burg. in Gilda Aula. 2& 3 P& M The same exactly. 4& 5 P& M The same exactly. 1. Eliz. mayor sumilc. Ballivis Burgens& Comitate eleger. 16 Car. 1. Mayor, bailiffs and Inhabitants, have chosen, sealed with the Common Seal, and the Inhabitants. 17 Car. 1. Mayor, bailiffs and Inhabitants, have chosen, sealed with the Common Seal, and the Inhabitants. A Report of sergeant Maynard, in 1640. at the Committee of Elections was red, whereby it was resolved that all the Inhabitants, have right to Elect. They also prove by Mr. tailor and Mr. Baker, the Election in 3 Caroli was at the Market across and by the Inhabitants and in 1640. and 1660. and that in the last Parliament the said Examinants were Elected, but twas adjudged against them by the Committee of Elections, They wanting Records, which were mislaied by one Starkey, as the said Starkey afterwards Confessed. And Mr. tailor says, he was Imprisoned five Months by my Lord Mardaunt concerning the said Election, the last Parliament. John Maidstone. Stephen Jones. Thomas Johnson. Watkin Nicholas. Prove that on the six and twentieth of February last, the Mayor and bailiffs of Windsor, made Proclamation at the Market across, that there was a precept to Elect two Burgesses, and that the Election should be next day, between the hours of nine and eleven, and that accordingly next day above two hundred of the Inhabitants of Windsor met at the Market across, and about eleven of the Clock being asked by Mr. Starkey, whom they would have for their Members in Parliament and of the precept, red the day before, and that they all answered, Mr. Winwood and Mr. Starkey, then there went about twenty of them to the Hall, where the Mayor and bailiffs and Burgesses were, and demanded entrance to give their Votes, but the Constables and tithingmen denied to let them come in, saying, They had order to keep them out, and that thereupon they came back to the across, and Sealed and Signed an Indenture now produced, and went again with it to the Hall, and demanded entrance, and to have the Common Seal to fix to the said Indenture, which was also denied them. That the Mayor being demanded to set the Common Seal to the said Indenture answered, he would have done it with all his Heart, but that he had an order of the Corporation to secure him, touching his returning Sir John Ernle and Mr. Powney to which the Town Clerk was a Witness. The sitting Members Sir John Ernle and Mr. Powney produced several Witnesses following( viz.) James Smith Thomas monk. — Harris. — Matthews. — Brazier. Who proveth that the Mayor, bailiffs, and chief Burgesses made Proclamation on the six and twentieth of February, that the Election should be next day, and that next next day, they went to the Hall about ten of the Clock, and shut the Doors for some time while they made Freemen, and about eleven of the Clock, red the precept the Mayor, first giving order that the Doors should be opened, but there being a Tumult, the Constables were ordered to keep the Peace and the Doors, and then the Mayor, bailiffs and Burgesses went to Election, and unanimously choose Sir John Ernle and Mr. Powney and several of them say, the Doors were open at the Election, and they had no order to shut them. But Brazier says, several of the Inhabitants and Mr. Winwood and Mr. Starkey were denied to come in when they came to demand entrance to have the Common Seal, but he heard none of the Inhabitants ask to come in to give a Vote. Lord Sterling. Thomas Porter. Prove that the Election in the Hall was a little after eleven of the Clock. Samuel Gilman. William row. And that the Election at the across was over before the precept was red at the Hall, as they believe by Computation of time. They further produced the several Records and Books following, to prove the Election to be in the Mayor, bailiffs and Burgesses, not exceeding the number of thirty( videlt.) 35 H. 6. mayor Ballivi& Burgens. elegerunt Dat. sub. Comuni sigillo in Gilda Anla Regia. 1 Ed. 6. 14 Eliz. 30 Eliz. 43 Eliz. 1 Jac. 7 Jac. 18 Jac. 20 Jac. 1 Car. 1. eod Anno. 3 Car. 1. 2. 15 Car. 1. 13 Car. 2. 29 Car. 2. All these are by the Mayor, bailiffs and Burgesses and under the Common Seal and most of them dated in the Guildhall of Windsor. A Report of sergeant Charlton upon the dispute of the Election of Richard Braham and Sir Thomas Higgons in 1661. was red whereby it was resolved, that the Mayor, bailiffs and Burgesses, not above thirty in number have only right to Elect. The Book of entries of the Town of Windsor, was red, whereby it appears that three several Elections in Queen Elisabeths Reign, were by a Number not exceeding thirty. Whereupon the Committee came to the Resolutions following,( viz.) Resolved, &c. That the Maior, bailiff and Burgesses, of New Windsor, not exceeding the number of thirty, have not the right of Electing Members to serve in Parliament, for the said burrow. Resolved, &c. That the burrow of New Windsor, has a Right to sand Burgesses to Parliament by prescription. Resolved, &c. That all the Inhabitants of the burrow of New Windsor, have the right of Electing Members to serve in Parliament for the said burrow. Resolved, &c. That Sir John Ernle and Mr. Powney, are not duly Elected, to serve in this present Parliament for the burrow of New Windsor. Resolved, &c. That Mr. Winwood and Mr. Starkey are not duly Elected to serve in this present Parliament, for the burrow of New Windsor. Yeas 125. Noes 131. Resolved, &c. That the late Election of Members to serve in this present Parliament, for the burrow of Windsor, is a voided Election. The first, second, third and fourth Resolves, were red the second time, and upon the Question, severally agreed to. Resolved, &c. That this House doth agree with the Committee. That the Mayor, bailiffs and Burgesses of New Windsor, not exceeding the number of thirty, have not the right of Election, of Members to serve in Parliament for the said burrow. Resolved, &c. That this House doth agree with the Committee. That the burrow of New Windsor, has a right to sand Burgesses to Parliament by Prescription. Resolved, &c. That the House doth agree with the Committee. That the Inhabitants of the burrow of New Windsor, have the right of Electing Members to serve in Parliament for the said burrow. Resolved, &c. That this House doth agree with the Committee. That Sir John Ernle and Mr. Powney, are not duly Elected, to serve in this present Parliament, for the burrow of New Windsor. The fifth Resolve being red a second time. The Question being put, to agree with the Committee, that Mr. Winwood and Mr. Starkey, are not duly Elected, to serve in this present Parliament, for the burrow of New Windsor. The fifth Resolve being red a second time. The House divided. The Noes went forth. Tellers. Lord Cavendish for the Noes 189. Sir Francis Russel Tellers. Sir Joseph Tredinham for the Yeas 153. Sir John Talbot Resolved, &c. That Mr. Winwood and Mr. Starkey, are duly Elected, to serve in this present parliament, for the burrow of New Windsor. Ordered, That the Clerk of the Crown, and the Mayor of the burrow of New Windsor, do attend on monday morning next, at ten of the clock; and amend the return, for the said burrow. Mr. Speaker acquaints the House, that he had received a Letter from Mr. Reading, intimating that he had matters of great Importance to the King and Kingdom, to communicate to this House, and therefore desired to be heard at the bar of the House. Ordered, That the further Examination of Mr. Reading, be referred to the Committee of secrecy, and they are to make Report thereof to the House, this afternoon, at six of the Clock. Ordered, That the sergeant at Arms, do take care, that no person be admitted to have access to Mr. Reading, except the Committee of secrecy, nor to make use of Pen, Ink or Paper, but in the presence of the sergeant. Ordered, That all Committees be adjourned. And then the House Adjourned till 5 a Clock in the afternoon. Post Meridiem. MR. Sacheverel Reports, from the Committee of secrecy, that they had several times examined Mr. Nathaniel Reading, and likewise the Witnesses against him, the effect of which Examinations, he acquainted the House with. Resolved, &c. That an humble Address be made to his Majesty, to desire his Majesty to give order, that a special Commission of Oyer and Terminer, may be forthwith Issued out, for the Trying of Mr. Nathaniel Reading, and it is referred to Mr. Powle. Sir Thomas Lee. Sir Henry Capel. Sir William Poultney. Mr. Treby. Sir William Coventry. Sir Francis Winnington. Mr. Vaughan▪ Mr. Sacheverel. Sir Thomas Clargis. Or any three of them to prepare and draw up the same. Ordered, That Mr. Speaker do Issue out his Warrant requiring all Sherriffs, Mayors, bailiffs, Constables, and all other his Majesties Officers and Subjects, to be aiding and assisting to the sergeant at Arms, attending this House. Ordered, That the Consideration of the Lords amendment, to the Bill of Attainder, against Thomas Earl of Danby, be adjourned, till monday morning next. Ordered, That the further Examination of the matter of Everards Information, against Sir John Robinson, a Member of this House, be adjourned till Thursday next, and that Mr. oats, and his Witnesses, do then attend. Ordered, That Sir John Robinson on monday next, do bring into this House, the Warrants of Commitment of the Lords in the Tower, and likewise the Orders, and a List of the Names of the persons, that were admitted to have access to them, and all other Orders that relate to them. And then the House adjourned till monday morning eight of the Clock. Lunae 7o die Aprilis, 1679. Ordered, THat all Committees be revived, and do sit this afternoon in the place formerly appointed. The House being informed of a breach of privileges committed by one Richard blithe a Constable, in contemning the Orders of this House by refusing to aid and assist the sergeant at Arms attending this House; Ordered, That the said Richard blithe be sent for in custody of the sergeant at Arms attending this House, to answer the said Breach of privilege at the Bar of this House. Ordered, That the back-door belonging to the Speakers Chamber be locked up, and that the Keys do lye upon the Table whilst the House is sitting; and that the windows next adjoining to the said door be shut up. Ordered, That a Committee be appointed to examine the matter against Sir John Robinson a Member of this House, touching the Lords and other Prisoners in the Tower, and other his miscarriages; and report the same to the House: And it is referred to Sir Tho. Lee, Sir Gilbert Gerrard, Sir Anthony Irby, Sir Richard Corbet, Sir Francis Drake, Mr. Garraway, Sir Robert Peyton, Sir Henry Ford, Mr. Trenchard, Col. Birch, Sir William Coventry, Mr. Reynall, Mr. Sacheverell, Sir Nich. Carew, Mr. Dubois, Sir Tho. Player, Sir Philip Skippon, Sir John guys, Sir John Trevor, Sir William Roberts, Sir Henry Thompson, Sir Trevor Williams, Sir John Talbot, Sir Christoph. Musgrave, Sir William franklin, Sir Robert Clayton, Mr. brown, Mr. Foley, Sir Edward Harley, Mr. Booth, Sir Joseph Tredinham, Mr. Powle, Sir John Mallett, Mr. Hamden, Sir Robert Markham, Mr. Papillon, Mr. Pilkington, Sir Philip Everton, Sir Rice Rudd, Mr. Parker, Sir George Hungerford: And they are to meet this afternoon in the Speakers Chamber, and are empowered to sand for Persons, Papers, and Records. Mr. Secretary Coventry acquaints the House, That Mr. Chiffinch had received a Letter from Mr. Reading, intimating that he had matters of great importance concerning the Prisoners in the Tower, and the present Plot; which he desired might first be communicated to his Majesty, or one of his principal Secretaries of State: And his Majesty having been made acquainted with the Contents of the said Letter, did declare, That he would not intermeddle with any Prisoners committed by this House. And that his Majesty would( if the House thought fit) not onely permit him, but lay his Commands on him, that whatsoever he knew of that Affair, or intended to have communicated to his Majesty or his Secretaries, he should frankly and freely impart the same to the House of Commons, or the Committee of Secrecy by them appointed. Resolved, &c. That the humble Thanks of this House be returned to his Majesty for his gracious Message this day sent to this House by Mr. Secretary Coventry. And that his Majesty be humbly desired to lay his Commands upon Mr. Reading to impart to this House, or the Committee of Secrecy by this House appointed, what he knows, or intended to have communicated to his Majesty or his Secretaries, concerning the Prisoners in the Tower, or this present Plot. Ordered, That the further Examination of Mr. Reading be referred to the Committee of Secrecy; and that Mr. Secretary Coventry do communicate to Mr. Reading his Majesties pleasure in answer to his Letter sent to Mr. Chiffineh. The Articles of Impeachment of High- Treason and other high Crimes and Offences against William Earl of Powys, William Viscount Stafford, Henry Lord arundel of Wardor, William Lord Petre, and John Lord Bellassis, now Prisoners in the Tower, were red. Ordered, That the Lord russel do carry up the said Articles of Impeachment to the Lords. Ordered, That the Committee appointed to inspect and state the Accounts relating to the Army, do make their Report on Wednesday-morning next at ten of the clock. Resolved, &c. That on Thursday-morning next at ten of the clock, this House will resolve itself into a Committee of the whole House, to consider how to improve the Militia for the safety of the King and Kingdom. Sir Thomas Meeres reports from the Committe of Elections and privileges, That the Committee had taken into consideration the matter of the Election for the burrow of East Grinsted, and had agreed upon a Report to be made to the House; which he red in his place, and afterwards delivered the same in at the Clerks Table: where the same was twice red, and upon the Question severally agreed to; and is as followeth,( viz.) The Question was, Whether the Inhabitants at large, or the Burgage-holders alone, had the right of Election of Members to serve in Parliament for the burrow of East Grinsted? The Inhabitants, the Petitioners, produced the several Records following to prove East Grinsted a burrow by prescription, and that all the Inhabitants have right to vote in Elections,( viz.) The bailiffs, Burgesses, and all other the Inhabitants, of their common Assent, have Elected. The bailiffs, Burgesses, and Inhabitants, of their common Assent, jointly together have Chosen. The bailiff and Commonalty, for and in the name of themselves and the rest of the Burgesses and Commons of the Commonalty of the said burrow, have Chosen. They offered several other Records to prove the same, but the Council of the other side admitted they were to the same purpose. Then the several Witnesses following were examined,( viz.) Mr. Robert Goodwin says, he has known the burrow above sixty years, and served in Parliament for the same in the eighteen of King James, and in several Parliaments afterwards; and in all his Elections the Inhabitats as well as the Burgage-holders choose him, and voted in all Elections from the eighteen of King James till his Majesties Restoration, when he gave over standing, by reason of his old age, says, he preached the Records, and found by five of them, that the Inhabitants had right to vote in Elections, and therefore he took them in all his Elections. Thomas Cockett says, he was an Inhabitant, and no Burgage-holder, and yet voted in an Election forty years ago for Mr. Goodwin. Robert Matthews and another say, they were present at the Election for East Grinsted in February last; and after the Precept was red by the bailiff, about sixty of the Inhabitants demanded the Pole for Mr. Powle, but the bailiff denied them; and thereupon they voted for Mr. Powle, and elected him, and signed and sealed an Indenture, whereby he is returned one of the Burgesses. They say that Mr. Powle had about sixty Voices, but no other Competitor had above eighteen. The Inhabitants offered other Evidence; but the Counsel of all sides agreed that the Inhabitants at large have right to elect, and that Mr. Powle was well elected. Then the Counsel for Mr. Scroggs pretended to prove their Client elected in the next place; but he in his Petition onely asserting himself well elected, and not denying the Election of Mr. Pelham, Mr. Scroggs's Counsel, and all other the Counsel and Witnesses, were made to withdraw. The Counsel for the Inhabitants did not oppose Mr. Pelham. After the Debate, the Committee came to these Resolutions. Resolved, &c. That the burrow of East Grinsted in the County of Sussex, is an ancient burrow by prescription. Resolved, &c. That the Inhabitants as well as the Burgage-holders of the burrow of East Grinsted in the County of Sussex, have right to vote in Elections of Members to serve in Parliament for the said burrow. And upon debate and consideration that Mr. Scroggs had not petitioned against Mr. Pelham, Resolved, &c. That Mr. Scroggs his Counsel and Witnesses shall not called in to be heard against Mr. Pelham. Resolved, &c. That Edward Sackvill Esq; was not duly elected to serve in this present Parliament for the burrow of East Grinsted in the County of Sussex. Resolved, &c. That Henry Powle Esq; is duly elected to serve in this present Parliament for the burrow of East Grinsted in the County of Sussex. Resolved, &c. That this House doth agree with the Committee. Resolved, &c. That the burrow of East Grinsted in the County of Sussex, is an ancient burrow by prescription. Resolved, &c. That the the Inhabitants as well as the Burgage-holders of the burrow of East Grinsted in the County of Sussex, have right to vote in Elections of Members to serve in Parliament for the said burrow. Resolved, &c, That Edward Sackvile Esq; was not duly elected to serve in this present Parliament for the burrow of East Grinsted in the County of Sussex. Resolved, &c. That Henry Powle Esq; is duly elected to serve in this present Parliament for the burrow of East Grinsted in the County of Sussex. Ordered, That the Clerk of the Crown do attend to morrow-morning, and amend the Return. The House took into consideration the Amendments made by the Lords to the Bill of Attainder of Thomas Earl of Danby of High-Treason; and the Amendments being red, The first Amendment, which relates to the Title, being red a second time, was postponed. The second and third Amendments being red a second time, were upon the Question agreed to. The fourth Amendment being red a second time, and the Question being put for agreeing to the said Amendment, it passed in the Negative. The fifth Amendment being red the second time, was upon the Question agreed to. The sixth and seventh Amendments being red a second time, and the Question being put to agree to the said Amendments, it passed in the Negative. The Question being put to agree to the Amendment that was postponed, it passed in the Negative. Ordered, That the Members that managed the last Conference, together with Mr. Garraway, Master of the Rolls, Mr. Philip Foley, Mr. Reynall, Mr. beak, Sir Robert Clayton, or any three of them, do prepare and draw up Reasons to be offered at a Conference to be had with the Lords why this House hath disagreed with the Lords in several of their Amendments to the Bill for the Attainder of Thomas Earl of Danby of High-Treason. Ordered, That a Bill be brought in for annexing Tangier to the Imperial Crown of England: And it is referred to Lord Cavendish, Mr. Bennet, Sir John Mallett, Sir Francis Winnington, Alderman Love, or any three of them, to prepare and draw up the same. And then the House adjourned till to morrow- morning eight of the clock. Martis 8o die Aprilis, 1679. A Petition of Charles Wilcox against Sir John Robinson a Member of this House, being presented to be red, was upon the Question rejected. An engrossed Bill sent down from the Lords, entitled, An Act to disable any person from sitting in any of the Houses of Convocation, till he hath taken the Oaths, and made and subscribed the Declaration therein mentioned, was red the same time. Resolved, That the Bill be committed, upon the Debate of the House, to Sir Thomas Clargis, Sir Anthony Irby, Sir John Mallett, Sir Christoph. Musgrave, Sir William Escourt, Dr. Jacob, Sir James Oxenden, Mr. Buscawen, Mr. Hamden, Mr. Wright, Sir Tho. Middleton, Sir Francis Drake, Sir John Knight, Sir William Pultney, Mr. Williams, Col. Birch, Serj. says, Sir Henry Ford, Sir Gilbert Gerrard, Sir John Hewly, Sir Walter Clargis, Sir Thomas Stringer, Sir Samuel Bernardiston, Mr. Mildmay, Sir Walter Young, Sir Robert Carr, Sir Richard Corbett, Mr. Dubois, and all the Members that serve for the Universities of Oxford and Cambridge: And they are to meet this afternoon at three of the clock, in the Dutchy-Chamber. Ordered, That Sir John Hewley, Mr. Bennett, Sir Thomas Clargis, and Mr. Booth, be added to the Members appointed to prepare and draw up Reasons to be offered at a Conference to be had with the Lords upon the Amendments made by their Lordships to the Bill for the Attainder of Thomas Earl of Danby of High-Treason. The House being informed from the Committee of Secrecy, that it was the desire of the said Committee, That Sir John Trevor might be added to that Committee, he having been chairman of the Committee of Secrecy in the late Parliament, and acquainted with the Evidence and Proceedings relating to the Plot, and very necessary to be added for carrying on the service of the House: And it being also moved that he may be added to the Committee of privileges and Elections, Ordered, That Sir John Trevor be added to the Committee of Secrecy, and also to the Committee of Elections and privileges. Ordered, That no Member do depart the service of the House without leave first asked and obtained, after ten of the clock. A Petition of Richard blithe Constable, now in custody of the sergeant at Arms attending this House, for a breach of privilege in contemning the Orders of this House, and refusing to assist the said sergeant at Arms, was red; whereby the Petitioner acknowledgeth his Offence, and craves pardon of the House, and desires to be discharged of his Confinement. Ordered, That the said Richard blithe be called in to the Bar of this House, and discharged, paying his Fees. And the said Richard blithe being called in to the Bar of the House, and there kneeling, Mr. Speaker, after he had given him a Reproof, acquainted him that he was discharged of his Commitment, paying his Fees. Ordered, That the Grand Committee for Trade do sit on Saturday next. Ordered, That Sir John win, Sir Robert Peyton, Mr. St. John, Sir Nathaniel hernia, Alderman Backwell, Sir Anthony Irby, Mr. Pilkington, Sir John Reresby, Sir Henry Ford, Mr. Johnson, Sir Philip Egerton, Sir Thomas Player, Mr. Dubois, Sir Gervase Ellis, Sir Thomas Stringer, Alderman Love, Mr. Wogan, Sir Richard Corbett, Mr. Foley, and all the Members that serve for the Cities of London and Westminster, be added to the Committee appointed to consider which Acts of the Temporary Laws are fit and necessary to be continued, and to hear the Complaints of the Hackney Coach-men. Mr. Powle reports from the Committee appointed to prepare and draw up Reasons to be offered at a Conference to be had with the Lords touching the Amendments made by their Lordships to the Bill for the Attainder of Thomas Earl of Danby of High-Treason, That the Committee had agreed upon Reasons; which he red in his place, and afterwards delivered the same in at the Clerks Table: where the same were twice red, and upon the Question severally agreed to, and are as followeth,( viz.) THe addition to the Title, does show that the Amendments made by your Lordships to the Bill, do wholly alter the nature of it, and from a Bill of Attainder, have converted it into a Bill of Banishment; which the Commons cannot consent to, for these Reasons: 1. That Banishment is not the legal judgement in Cases of High-Treason; and the Earl of Danby being impeached by the Commons of High-Treason, and fled from Justice, hath thereby confessed the Charge; and therefore ought to have the judgement of High-Treason for his punishment. 2. That Banishment being not the punishment the Law inflicts upon those Crimes, the Earl of Danby might make use of this remission of his Sentence, as an Argument that either the Commons were distrustful of their Proofs against him, or else that the Crimes are not in themselves of so high a nature as Treason. 3. That the Example of this, would be an encouragement to all persons that should be hereafter impeached by the Commons, to withdraw themselves from Justice; which they would always be ready to do, if not prevented by a Commitment upon their Impeachment: and therefore hope to obtain a more favourable Sentence in a legislative way, than your Lordships would be obliged to pass upon him in your Judicial capacity. The Amendments being all in order to this Alteration, the Commons do not agree to them, for their former Reasons. Ordered, That Mr. Booth do go up to the Lords to desire a Conference with the Lords upon the Amendments by them made to the Bill of Attainder against the Earl of Danby. Mr. Vaughan reports from the Committee appointed to prepare and draw up an Address to be presented to his Majesty, beseeching his Majesty to give order that a special Commission of Oyer and Terminer may be immediately issued forth for the trying of Nathaniel Reading Esq; That the Committe had prepared such an Address; which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was again red, and upon the Question agreed, and is as followeth. May it please your Majesty, WE your Majesties most dutiful and loyal Subjects, the Commons in Parliament assembled, having according to our duty made enquiry into the damnable and hellish Plot against your Majesties sacred Person and Government, and for the extirpation of the Protestant Religion, have upon Examination discovered, that Nathaniel Reading Esq; hath industriously, and against the duty of a loyal Subject, held frequent Correspondencies with several Lords and other persons that stand committed for High-Treason; and also used his utmost endeavours to prevent and suppress your Majesties Evidence, and as much as in him lay to stifle the discovery of the said Plot, and thereby to render the same fallacious and of no reality, and by such undue means to prevent the Malefactors from coming to Justice. Therefore we your said Commons do most humbly beseech your Majesty, that you will be graciously pleased to command, that a Commission of Oyer and Terminer do immediately issue forth for the trial of the said Nathaniel Reading for the said Offence, that he may be brought to public Justice. Ordered, That this Address be presented to his Majesty by such Members of this House as are of his Majesties Privy-Council. Mr. Bennett reports from the Committee appointed to draw up an Address to be presented to his Majesty to desire his Majesty to issue out his Royal Proclamation for the apprehending of Thomas Earl of Danby, That the Committee had agreed upon an Address; which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was again red, and upon the Question agreed, and is as followeth,( viz.) May it please your most excellent Majesty, WE your Majesties most dutiful and loyal Subjects, the Commons in Parliament assembled, do most humbly represent to your Majesty, that the Earl of Danby, late Lord▪ High Treasurer of England, stands now impeached in Parliament of High-Treason, and other high Crimes and Misdemeanours; and that he the said Thomas Earl of Danby, with an intent to delay and obstruct the Execution of Justice upon him, hath concealed and withdrawn himself. Your Majesties obedient Subjects do therefore humbly beseech your Majesty, that your Majesty will be graciously pleased to cause your Royal Proclamation to issue forth, commanding the said Thomas Earl of Danby forthwith to render himself in order to his trial: And that your Majesty will be pleased to command all your Officers and Ministers of Justice to use their utmost diligence to apprehended the said Thomas Earl of Danby: And also to require all your Majesties Subjects, that they nor any of them offer to conceal or harbour the said Earl of Danby: And likewise that your Majesty will signify your Royal Pleasure, that all the Officers of your Majesties Household do take care that no person whatsoever do permit or suffer the said Thomas Earl of Danby to conceal himself in any of your Majesties Palaces. In the granting of all which, your Commons will have great cause to rejoice, and give your Majesty humhle thanks for your Majesties great willingness to grant the humble Desires of your People. Ordered, That this Address be presented to his Majesty by such Members of this House as are of his Majesties Privy-Council. Mr. Booth acquaints the House that the Lords had agreed to a present Conference. Ordered, That the Members that prepared the Reasons, do attend and manage the Conference. Mr. Sacheverell reports from the Committee of Secrecy, That the Committee had further examined Mr. Reading; the effect of which Examination he reported to the House. Ordered, That leave be given for the carrying of Mr. Reading before a Justice of Peace, to the end he may be examined, and proceeded against according to Law. The House being informed that one Mr. Sing a noted Papist was in the Lobby, Ordered, That the sergeant at Arms attending this House, do forthwith bring Mr. Sing to the Bar of this House. The House then proceeded to the business of the day, touching the Consideration of the Act against the Importation of Cattle from Ireland and▪ other places beyond the Seas, and Fish taken by foreigners. And the Order being red, the Question was put, that the House will now resolve into a Committee of the whole House, to consider of the Act against the Importing of Cattle from Ireland and other places beyond the Seas, and Fish taken by foreigners. The House divided. The Noes went forth. Tellers Mr. Trenchard for the Noes 168. Mr. Papillon Tellers Sir Trevor Williams for the Yeas 192. Sir Richard Williams And so it was resolved in the Affirmative. The House then resolving into a Committee of the whole House, to consider of the Act against the Importation of Cattle from Ireland and other places beyond the Seas, and Fish taken by foreigners, Mr. Speaker left the Chair. Sir John Trevor took the Chair of the Committee. Mr. Speaker resumed the Chair. A Message from the Lords by Sir Miles cook and Sir John Hoskins. Mr. Speaker, The Lords Intend to sit this Afternoon, and desire this House will do the like. The Messengers being withdrawn, Resolved, That this House doth agree to sit this Afternoon. And the Messengers being called in, Mr. Speaker acquaints them that this House did agree to sit this Afternoon. Resolved, &c. That this House will on Thursday-morning next resolve itself into a Committee of the whole House, further to consider of the Act against Importing of Cattle from Ireland and other places beyond the Seas, and Fish taken by foreigners, the first business. And then the House adjourned till four of the clock in the Afternoon. Post Meridiem. Ordered, That Mr. Mildmay have leave to go into the Country for two days. A Bill for the better securing the Liberty of the Subject, was red the third time; and some Amendments being made at the Table, Resolved, &c. That the Bill do pass, and that the Title be, An Act for the better securing the Liberty of the Subject, and for prevention of Imprisonments beyond the Seas. Ordered, That Sir Thomas Clargis do carry up the Bill to the Lords, for their Concurrence. Mr. Sacheverell reports from the Committee of Secrecy, That they had taken the Examinations of Mr. Castleton and Mr. Brent; the effect whereof he delivered to the House. Ordered, That Mr. Goring have leave to go into the Country. The House being informed of certain scandalous and dangerous words spoken by Mr. Charles Gostwick a Gentleman-Pentioner to his Majesty, and that the Examinations touching the same were taken upon Oath before a Justice of Peace, Ordered, That a Committee be appointed to examine the matter of the said Information, and to sand for and hear the Witnesses, and to report the matter, with their Opinions therein, to the House: And it is referred to Sir John win, Mr. Pilkington, Sir Nathaniel hernia, Sir Christoph. Musgrave, Sir Francis Drake, Sir Tho. Stringer, Mr. win, Sir Ralph Ashton, Mr. Morgan, Mr. May, Sir Patience Ward, Sir Gilbert Gerrard, Sir Thomas Player, Sir Samuel Bernardiston, Sir Robert Clayton, Mr. Alderman Love. Mr. Booth, Col. Titus, Sir Anthony Irby, Mr. thin, Lord Denicourt, Sir John Hewley, Mr. Dubois, Sir Thomas Clargis, Sir John Knight, Mr. Boscawen: And they are to meet to morrow at two of the clock in the Afternoon, in the Speakers Chamber: And they are impowred to sand for Persons, Papers, and Records. A Message from the Lords by Sir Timothy Baldwin and Sir Miles cook. Mr. Speaker, The Lords desire a present Conference with this House in the Painted-Chamber, concerning matters in the Bill concerning the Earl of Danby. The Messengers being withdrawn, Resolved, &c. That the House doth agree to meet the Lords at a present Conference, in the Painted-Chamber. And the Messengers being called in, Mr. Speaker acquaints them that this House did agree to meet the Lords at a present Conference, in the Painted-Chamber. Ordered, That the Members that managed the last Conference, do attend and manage this Conference. Sir Francis Winnington reports, that the Members appointed had attended the Conference, and that the Lord Huntingdon managed the Conference; and that what he delivered, was to the effect following. THE Lords have desired this Conference with the Commons not so much to argue and dispute, as to mitigate and reconcile. They have already observed, that the debate of this Bill hath given so long and so great an obstruction to public business; and therefore they desire you to believe that that is the reason which hath chiefly prevailed with their Lordships in a matter of this nature. And upon this ground it is, that if a way may be found to satisfy and secure the public fears, by growing less than the Bill you have proposed. The Lords do not think it advisable to insist upon the utmost and most rigorous satisfaction, to prevent Justice, which might be denied. To induce you to this Compliance, the Lords do aclowledge that Banishment is so far from being the legal judgement in case of High-Treason, that it is not the legal judgement in any case whatsoever, since it can never be inflicted but by the Legislative Authority; but they see no reason why the Legislative Authority should always be found to act to the utmost extent of its power: for there may be a prudential necessity sometimes of making abatements; and it might be of fatal consequence if it should not be so. And the Lords, to remove all jealousies of the presidents of this kind, do declare, that nothing which hath been done in the Earl of Danby's Case, shall ever be drawn into example for the time to come, and will so enter it upon their Journal. And thereupon their Lordships insist upon their Amendments so far, as to exclude all Attainders; and do promise themselves the Commons will in this point comply with their Lordships; who do again assure them that their Resolutions are grounded onely upon their tenderness and consideration of the public. Resolved, &c. That the Consideration of the said Report be adjourned till to morrow-morning ten a clock. And then the House adjourned till to morrow- morning eight of the clock. Mercurii 9o die Aprilis, 1679. Ordered, THat Capt. Deeds and Mr. Evelin have leave to go into the Country for five days. Ordered, That Mr. Lisle and Sir Anthony dean have leave to go into the Country. A Bill for the exporting of Leather was red the first time. Resolved, &c. That the Bill be red a second time. Ordered, That Mr. Hales have leave to go into the Country for a week. Then the House took into consideration the matter of the Report made by Sir Francis Winnington from the Conference had with the Lords touching the Amendments made by the Lords to the Bill of Attainder of Thomas Earl of Danby: And the said Amendments being red, and the Question being severally put for agreeing to them, it passed in the Negative. Resolved, &c. That the Members that managed the last Conference, do withdraw, and consider of Reasons to be offered at a free Conference to be had with the Lords upon the subject-matter of the last Conference, why this House hath disagreed with their Lordships in several of their Amendments to the Bill for the Attainder of Thomas Earl of Danby of High-Treason. Ordered, That Mr. Gerrard do go up to the Lords to desire a free Conference upon the subject-matter of the last Conference relating to the Amendments made by their Lordships to the Bill for the Attainder of Thomas Earl of Danby▪ Mr. Gerrard reports, that the Lords have agreed to meet this House at a free Conference in the Painted-Chamber, to morrow-morning at eleven a clock. Resolved nemine contradicente, That this House is of opinion, that those who shall advice his Majesty to part with Tangier to any foreign Prince or State, or be instrumental therein, ought to be accounted Enemies to the King and Kingdom. Ordered, That the matter of Election for Leicester-shire be heard at the Bar of this House this afternoon. Ordered, That the Committee of Secrecy do sit this afternoon. And then the House adjourned till four of the clock in the afternoon. Post Meridiem. The House took into consideration the matter touching the Election for the County of Leicester, and heard the Counsel and several Witnesses on the part of the Petitioners. And then the House adjourned till to morrow- morning eight of the clock. Jovis 10o die Aprilis, 1679. Ordered, THat Mr. Wadham Strangwayes have leave to go into the Country. Ordered, That all those Members that were gone out of Town before the Order was made( that no Member should depart the service of the House without leave) unless they appear by monday next come seven-night, shall be sent for in custody of the sergeant at Arms attending this House. Ordered, That Sir Richard Cust have leave to go into the Country for a week. The House then resolved into a Committee of the whole House, further to consider of the Act against the Importing of Cattle from Ireland and other parts beyond the Seas, and Fish taken by foreigners. Mr. Speaker left the Chair. Sir John Trevor took the Chair of the Committee. Mr. Speaker resumed the Chair. Sir John Trevor reports from the Committee of the whole House, that the Committee had made a considerable progress in the consideration of the Act against the Importing of Cattle from Ireland and other parts beyond the Seas, and Fish taken by foreigners. And humbly moved from the said Committee, That as soon as the free Conference with the Lords was ended, the House would again resolve into a Committee of the whole House, further to proceed in the consideration of the said Act. Resolved, &c. That the House will( immediately after the free Conference) resolve itself into a Committee of the whole House, further to proceed in the consideration of the Act against the Importing of Cattle from ●reland and other parts beyond the Seas, and Fish taken by foreigners. Ordered, That the Members that managed the last Conference, do attend and manage the free Conference. Mr. Secretary Coventry acquaints this House, that his Majesty had been attended with the Address of this House, desiring his Majesty that a special Commission of Oyer and Terminer may forthwith issue out for the trying of Nathaniel Reading Esq; and also with the Address desiring his Majesty to cause his Proclamation to issue forth for the apprehending of the Earl of Danby. And his Majesty commanded this Answer to be returned, That his Majesty had already given order for the issuing out a special Commission of Oyer and Terminer for the trying of Mr. Reading, and will immediately order his Royal Proclamation to issue forth for the apprehending of the Earl of Danby. Sir Thomas Lee reports from the free Conference, that the Members appointed had attended the Conference, and delivered their Reasons, and left the Bill with the Lords. Ordered, That the Members that managed the free Conference, do draw up in writing a Report of such matters as they shall think fit to be entred in the Journal; and that they do inspect the Journal of the House of Lords, and see what entries are there made touching the Commitment of persons impeached. Ordered, That Sir Edward nevil have leave to go into the Country, in order to the recovery of his health. Ordered, That Mr. clear be appointed to take care of the suing out of the Commission of Oyer and Terminer for the trying of Mr. Reading, and prosecution of the same, before the Lords are tried. The Question being put that the House do now adjourn, The House divided. The Yeas went forth. Tellers Sir John fag for the Yeas 152. Mr. Bockland Tellers Sir Herbert Croft for the Noes 192. Mr. Booth And so it passed in the Negative. A Message from the Lords by Sir Miles cook and Sir John Hoskins. Mr. Speaker, The Lords intend to sit this Afternoon, and desire this House will do the like. The Messengers being withdrawn, Resolved, &c. That this House will sit this Afternoon. And the Messengers being called in, Mr. Speaker acquaints them that this House does agree to sit this Afternoon. The House then resolved into a Committee of the whole House, further to proceed in the Consideration of the Act against Importing Cattle from Ireland and other parts beyond the Seas, and Fish taken by foreigners. Mr. Speaker left the Chair. Sir John Trevor took the Chair of the Committee. Mr. Speaker resumed the Chair. Sir John Trevor reports from the said Committee, That they had taken the matter to them referred into their consideration, and had agreed upon a Vote to be presented to the House; which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was twice red, and upon the Question agreed to, and is as followeth,( viz.) Resolved, &c. That a Bill be brought in to continue the several Acts against Importing Cattle from Ireland and other parts beyond the Seas, and Fish taken by foreigners; with such additional Clauses as shall make the Prohibition more effectual. Ordered, That a Committee be appointed to prepare and draw up a Bill for the continuing of the several Acts against Importing Cattle from Ireland and other parts beyond the Seas, and Fish taken by foreigners; with such additional Clauses as shall make the Prohibition more effectual: And it is referred to Sir John Trevor, Mr. Vaughan, Sir Gilbert Gerrard, Mr. Booth, Sir Christoph. Musgrave, Mr. Hamden, Sir John Hotham, Sir Trevor Williams, Serj. Maynard, Sir Richard Corbett, Sir Robert Dillington, Mr. Bockland, Sir John Knight, Mr. Dubois, Sir Thomas Stringer, Sir Nathaniel hernia, Mr. Foley, Sir William Thomas, Col. Birch, Mr. Swinfen, Sir Eliab Harvey, Mr. Wright, Sir Robert Peyton, Sir John Hewley, Sir John win, Lord Annesley, Mr. Buscawen, Sir Francis Drake, Mr. Powle, Mr. Palms, Sir Robert Clayton, Sir William Coventry, Mr. Papillon, Mr. Colt, Sir Thomas Exton, or any three of them, to prepare and draw up the same. Ordered, That the matter of the Election for the County of Norfolk which was appointed to be heard at the Bar of this House upon Saturday next, be adjourned till monday next. Ordered, That no motion be made on the behalf of any Member for leave to go into the Country, but between the hours of ten and twelve of the clock. Ordered, That Sir John Bramston have leave to go into the Country for four days. Ordered, That the Lord Clifford have leave to go into the Country till Tuesday next. And then the House adjourned till five of the clock in the Afternoon. Post Meridiem. A Message from the Lords by Sir Timothy Baldwin and Sir Miles cook. Mr. Speaker, The Lords desire a present free Conference with this House in the Painted-Chamber, upon the subject-matter of the last free Conference. The Messengers being withdrawn, Resolved, &c. That this House will meet the Lords at a present free Conference in the Painted-Chamber. And the Messengers being called in, Mr. Speaker acquaints them this House did agree to meet the Lords at a present free Conference in the Painted-Chamber. Ordered, That the Members that managed the last free Conference, do attend and manage this free Conference. A Petition of John Nelson Doctor of Laws, now in custody of the sergeant at Arms, setting forth the state of this Case, relating to the matter of the Information against him touching the Pamphlet, and begging pardon of the House, and praying that he may be discharged of his Confinement, was red. Ordered, That the Consideration of the Petition be referred to the Committee appointed to inquire into the Author and Publisher of the two Pamphlets which were printed by Mr. Hills for Mr. Edwin, by order of the Lord Treasurer, to examine the matter thereof, and to report their Opinions thereupon to the House. Ordered, That the said Committee be revived, and do meet on Saturday next at two of the clock in the Afternoon, in the Speakers Chamber: And that Sir Robert Peyton, Sir Walter Young, Sir Thomas Exton, Sir Francis russel, Sir William Coventry, Mr. Vernon, Mr. Colt, Mr. Hamden, Sir Nicholas Carew, Sir Hugh Auckland, Mr. Rushworth, Sir Francis Drake, Mr. Onslow, Mr. Reynall, Mr. Parthridge, Sir Robert Howard, Sir William Estcourt, Sir James Long, Mr. foot, Dr. Edsbury, be added to the said Committee. Ordered, That all Committees be revived, and do sit on Saturday next at two of the clock in the Afternoon, in the places formerly appointed. Sir Francis Winnington reports the matter delivered at the free Conference. Ordeled, That the Consideration of that Report be adjourned till Saturday next at nine of the clock; and that Sir Francis Winnington do then present the same to the House fairly written. And then the House adjourned till to morrow- morning nine of the clock. Veneris 11o die Aprilis, 1679. THE House being met in order to repair to Church, And then the House adjourned till to morrow- morning eight of the clock. Sabbati 12o die Aprilis, 1679. Ordered, That MR. cook, Sir Rob. Clayton, Sir Herbert Croft, Sir Philip Egerton, Sir John win, Mr. Rich, Mr. Parthridge, Mr. stern, be added to the Committee to whom the engrossed Bill sent down from the Lords, entitled, An Act to disable any person from sitting in any of the Houses of Convocation, till he hath taken the Oaths, and made and subscribed the Declaration therein mentioned, stands committed. Ordered, That Sir John Cloberry have leave to go into the Country. Ordered, That the Thanks of this House be returned to Dr. Jane and Mr. sharp, for their Sermons yesterday preached before this House at St. Margarets Westminster; and that they be desired to print their Sermons; and that the Members that serve for the Universities do give them the Thanks of this House, and acquaint them with the desire of the House to print their Sermons. Ordered, That a Committee be appointed to inspect the Laws that are now in force against Swearing, Cursing, Drunkenness, Sabbath-breaking, and Uncleanness; and to bring in a Bill or Bills for the more effectual prevention thereof: And it is referred to Sir Thomas Player, Mr. Smith, Sir Richard Corbett, Mr. Williams, Mr. Hamden, Mr. stern, Master of the Rolls, Sir Thomas Stringer, Sir William Thomas, Mr. Dubois, Sir Thomas Armstrong, Sir Walter Young, Mr. Reynall, Mr. Parthridge, Sir Joseph Williamson, Mr. Wright, Mr. Buller, Mr. Onslow, Sir Henry Ford, Sir Peter Terrill, Sir Francis Drake, Sir John Borlace, Mr. Nosworthy, Sir John Hewley, Sir Nicholas Carew, Mr. Slater, Col. Titus, Sir John Cloberry, Sir George Downing, Mr. henly, Sir Robert Peyton, Mr. Gerrard, Sir Robert Thomas, Sir John win, Sir Gilbert Gerrard, Mr. Booth, Mr. harboured, Mr. peak, Sir John Knight, Sir William franklin, Sir Thomas Clargis, Mr. Papillon, Mr. Foley, Sir Richard Cust, Mr. pits: And all that come are to have Voices; and they are to meet this Afternoon at three of the clock, in the Speakers Chamber. Ordered, That the Lord Ashley and Mr. Parkhurst have leave to go into the Country. Ordered, That the House be called over in Easter-week, and that such Members as shall then make default in attending the service of the House, be sent for in custody of the sergeant of Arms attending this House; and that the Order be sent to the Sheriffs of the respective Counties, to the end they may give notice thereof to the Members that serve for the several places within their Counties. Ordered, That a Committee be appointed to examine the matter of the Information against Mr. Castleton, and report the same, with their Opinions thereupon, to the House, on Munday-morning: And it is referred to Sir Gilhert Gerrard, Sir Francis Drake, Mr. harboured, Mr. Swinfen, Mr. Rushworth, Sir Henry Ford, Mr. Williams, Sir Thomas Clargis, Mr. Dubois, Alderman Love, Mr. Trenchard, Mr. Wright, Sir Robert Markham, Mr. Vernon, Sir Francis russel, Sir Vincent Corbett, Sir James Long, Col. Birch, Mr. Pilkington, or any five of them: And they are to meet this Afternoon at three of the clock in the Speakers Chamber; and are empowered to sand for Persons, Papers, and Records. Ordered, That the Committee appointed to inspect and state the Accounts relating to the Army, do make a Report thereof to the House on Tuesday next at ten of the clock. Sir Francis Winnington acquaints the House, that in pursuance of an Order of the House, he had drawn up into writing the substance of the matter that was delivered at the last free Conference with the Lords; which he red in his place, and afterward delivered the same in at the Clerks Table, where the same was again red, and upon the Question agreed, and is as followeth,( viz.) At a free Conference with the Lords relating to the passing the Bill of Attainder against Thomas Earl of Danby, the substance of the matters proposed by the Lords was as followeth. THE Lord Privy-Seal said, that the House of Commons might see by the present quick free Conference with the Lords desired, that their Lordships did show their willingness by using all means possible to reconcile both Houses, and to come to such an understanding as to pass the Bill with all expedition. He declared, that the Reasons of the Commons for passing the Bill as they proposed, were unanswerable; and therefore the Lords were content to make the Bill absolute, without giving the Lord of Danby any day to appear, and the penalties to continue. He observed, that the Lord impeached would not onely by the passing of this Bill be ruined, together with his Family, but likewise those Acquisitions which he got by the Marriage into a noble Family, would be lost. And he intimated, that if the House of Commons would have any other Penalties added to the Bill, their Lordships would leave it to the Commons, so that they run not to the absolute destruction of the Lord impeached. And the Lord Privy-Seal took notice, that although Reason and Justice were of the Commons side, yet in a Legislative capacity they were to consider Circumstances, in relation to the good of the public. Upon this his Lordship said, that in the transaction of this Affair there were two great points gained by this House of Commons: The first was, that Impeachments made by the Commons in one Parliament, continue from Session to Session, and from Parliament to Parliament, notwithstanding Prorogations or Dissolutions. The other point was, that in case of Impeachments upon special matters shown, if the modesty of the Party Impeached directs him not to withdraw, the Lords admit that of right they ought to order him to withdraw, and that afterwards he must be committed. His Lordship observed, that a Member of the House of Commons mentioned the Earl of Clarendons Case at the free Conference in the morning; but in regard that case was general, and not special matter shown, it was not like this, and therefore he did not understand the Lords intend to extend the points of withdrawing and Commitment to general Impeachments without special matter alleged; for if it should be otherwise, the Lords did not know how many of their Lordships might be picked out of their House of a sudden. The Earl of Shaftesbury said, That they were as willing to be rid of the Earl of Danby as the Commons. And in the first place, as to the right of the Commons, that upon Impeachments the Lord accused ought to withdraw, and then be committed; he said their Lordships did agree it was their right, and well warranted by Presidents of former Ages. And as to the distinction that the Lord Privy-Seal made, where the Impeachments were general, and when special matter was alleged; he said the Lords gave no order to make any such distinction, for that general Impeachments were not in the case: and the Duke of Monmouth and Lord Falconberg affirmed the same, that the Earl of Shaftesbury was in the right, and delivered the true sense of the Lords. He also said, that the expression which they sent with Reasons from the Lords the other day, viz. That the Lords would not draw into example the proceedings of the Earl of Danby, but would vacate them; they intended that to extend onely to the points of not withdrawing, and not committing. He likewise declared, that the way now proposed, he thought would be a means to have the Bill pass; for the Commons might have other penalties if they would, as Confiscation of Estate: and though they had no particular order to mention Honours, yet by the general words he thought Honours were included; and if those were insisted on by the Commons, he knew not but they might be agreed to be inserted in the Bill. He desired the Commons would consider that there were weighty Reasons which are better understood than expressed, that prove it necessary for the good of the public, that this Bill should speedily pass. The Commons replied, that they hoped their Lordships did not think the Commons did take it as if they had now gained any Point, for that the Points which their Lordships mentioned as gained, were nothing but what was agreeable to the ancient course and methods of Parliament. The House then took into consideration the first, fourth, sixth, and seventh Amendments made by the Lords to the Bill for the Attainder of Thomas Earl of Danby of High-Treason; and the said Amendments being red, Resolved, &c, That this House doth adhere to the words of the said Bill, mentioned in the first, fourth, sixth, and seventh amendments made by the Lords to the said Bill. Ordered, That Sir Thomas Lee do go up to the Lords, and acquaint them that this House does intend to sit this Afternoon, and desires that their Lordships will do the like. The House then adjourned till three of the clock in the Afternoon. Post Meridiem. Ordered, That the farther Examination of the matter of Election for the County of Leicester, which was appointed to be heard at the Bar of this House this day, be Adjourned till monday morning next, and so come on the first business. Ordered, That the matter of the Election for the County of Norfolk, which was appointed to be heard at the Bar of this House on monday next, be Adjourned till Tuesday next, and be heard immediately after the Report from the Committee appointed to inspect and state the Accounts relating to the Army. Sir Thomas Lee acquaints the House, that the Lords have resolved to sit this Afternoon. Ordered, That Mr. Breman, Sir Tho. Player, Sir Fra. Drake, Mr. Mansell, Mr. Hamden, Sir Walter Young, Mr. Parthridge, Mr. Trenchard, Sir John Mallett, Mr. Hopkins, Mr. Slater, Mr. Barker, be added to the Committee appointed to inquire into the Miscarriages of the High Sheriff of the County of Durham, in setting at liberty so many Papists at the time of the Election of Members to serve in this present Parliament for the said County. Ordered, That Mr. Grey do go up to the Lords, and desire a free Conference upon the subject-matter of the last free Conference. Mr. Grey reports that the Lords have agreed to a present free Conference upon the subject-matter of the last free Conference in the Painted Chamber. Ordered, That the Members that managed the last free Conference, do withdraw, and consider of Reasons to be offered at this free Conference, why this House has adhered to the words of the Bill for the Attainder of Thomas Earl of Danby of High-Treason, mentioned in the first, fourth, six and seventh Amendments made by the Lords to the said Bill; and that the same Members do attend and manage the said Conference. Sir Thomas Meres reports, that the Members appointed did attend at the free Conference, and delivered their Reasons, and left the Bill and Amendments with the Lords. Sir Thomas Meres reports from the Committee of Elections and privileges, That the Committee had taken into consideration the matter of the Election for the burrow of Corse-Castle, and had agreed upon a Report; which he red in his Place, and afterwards delivered the same in at the Clerks Table, where the same was twice red, and upon the question agreed to, and is as followeth. The Question was, whether the Freeholders onely of Lands or Houses in the said burrow that paid Scot and Lot, or all the Free-holders generally, had right to Vote in Elections; and whether the Petitioners or the sitting Member had most Voices. Sir Nathaniel Napier produced the several Witnesses following,( viz.) Richard Jones, Richard Painter, Edward Kenvell, John Symms, Mr. Dugdale, prove that Free-holders, Leaseholders, and Chattel-Leases, have always had right to Vote: and a blind man, a beggar, that had a Cottage was fetched, and had a Vote in a former Election; and all Tenants for twenty years or more, had Votes in Elections; and that one Painter had a Vote in my Lord Latimers Election, and had but a Lease for years of Mr. Ogden, and paid to Church and Poor. And that when my Lord Lattimer was chosen, the Mayor invited all to the Election, as well Free-holders as Lease-holders. That at this Election the poor men were courted as well as the rich; and that Mr. William Culliford, an Agent for my Lord Dunblaine, gave some eighteen pence, and one a shilling, for their hindrance of work half a day, as they bragged; and Edward Kennells man particularly, who said he had also a Guiney given by the said Mr. Culliford for his Vote in this Election. And that Sir Nathaniel Napier in this Election, had six and thirty Voices that pay Scot and Lot, of which but five were questioned by the Mayor, and my Lord Dunblaine but sixteen or fifteen. My Lord Dunblaine produced the several Witnesses following, to prove the right of Election in the Free-holders paying Scot and Lot onely, and that he had the Majority of Voices at this Election. William Culliford says, he was at my Lord Lattimers Election, and all the Barons agreed that the Mayor, Barons, and Free-holders paying Scot and Lot, and no other, had right to Vote in Elections. William Culliford, Charles Osborne, Prove, that the Mayor being doubtful who had right to Vote, asked the Barons, who told him all Free-holders paying Scot and Lot had right. And at the Election they were present, and that my Lord Dunblaine had one and twenty Voices, and Sir Nathaniel Napier but twenty that paid Scot and Lot; and that they examined my Lord Dunblaines Pole with the Poors book, and found all the one and twenty but Mr. Culliford paid Scot and Lot; and prove that several were threatened if they Voted for my Lord Dunblaine, and others were proffered Money. William Jones proves, that Mr. Ogden gave five pounds to the poor, and he never used to give money to the poor, but says none of the Votes had any of the money. Sir William Portman, Mr. Savage, Mr. earl, Several Members of the House that were there at the Election, did affirm, that Sir Nathaniel Napier, as they thought, had the Majority of Voices. Whereupon the Committee came to these resolutions. Resolved, &c. That it is the opinion of this Committee, That Peregrine Lord Viscount Dunblaine is not duly Elected to serve in this present Parliament for the burrow of Corfe-Castle in the County of Dorset. Resolved, &c. That it is the opinion of this Committee, That Sir Nathaniel Napier is duly Elected to serve in this present Parliament for the burrow of Corf-Castle in the County of Dorset. Resolved, &c. That this House doth agree with the Committee, That Peregrine Lord Viscount Dunblaine is not duly Elected to serve in this present Parliament for the burrow of Corf-Castle in the County of Dorset. Resolved, &c. That this House doth agree with the Committee, That Sir Nathaniel Napier is duly Elected to serve in this present Parliament for the burrow of Corf-Castle in the County of Dorset. Ordered, That the Clerk of the Crown do attend on monday next, and amend the return for the burrow of Corf-Castle. Ordered, That Edward Dockomb, Mayor of the burrow of Corf-Castle, be sent for in Custody of the sergeant at Arms attending this House, to answer his miscarriages in the returning of Members to serve in this present Parliament for the said burrow of Corf-Castle. Resolved, &c. That it be a standing Order of this House, That from henceforth, upon any vacancy of the Chair, no motion be made for Choosing of a new Speaker, till after eleven of the clock. And then the House adjourned till Munday-morning eight of the clock. Lunae 14o die Aprilis, 1679. Ordered, THat the Clerk of the Crown be called in to amend the Return for the Burroughs of Corf-Castle, and East-Grinsted. And the Clerk of the Crown being called in, did according to the Orders of the House, amend the said Returns. A Petition of Joseph Sawle Esquire, complaining of several undue practices in the Port-Reeve of the burrow of Tregony in the County of Cornwall, and the High-Sheriff of the said County, in returning John Tanner Esquire to serve in this present Parliament as Burgess for the said burrow, in injury of the Petitioner, who ought to have been returned, was red. Resolved, &c. That the said Petition be referred to the consideration of the Committee of Elections and privileges, to examine the matter, and report the same with their Opinions therein to the House. Mr. Powle being Elected to serve in this present Parliament, both for the burrow of Cirencester in the County of gloucester, and for the burrow of East-Grinsted in the County of Sussex, makes his choice for the said burrow of Cirencester. Ordered, That Mr. Speaker do issue out his Warrant to the Clerk of the Crown, for a new Writ for Electing a Burgess to serve in this present Parliament for the burrow of East-Grinsted in the County of Sussex. Ordered, That a Committee be appointed to inspect the Journal of the House of Lords, and see what Entries are there made of any Orders touching the giving Copies to the Lords in the Tower of the Examination of the Witnesses against them: and it is referred to Mr. Treby, Sir John Trevor, Sir Hen. capel, Sir Tho. Stringer, Mr. Powle, Sir Fra. Winnington. or any two of them, to make Report thereof to the House. Ordered, That Sir John Lowther, Sir Nicolas Carew, and Sir Robert Reeve, have leave to go into Country. Resolved, &c. That the House will on Wednesday next at ten of the clock, take into consideration the state of the Kingdom in relation to the Militia. Resolved, &c. That the House will on Thursday next at ten of the clock take into consideration the state of the Kingdom, and how the Navy may be made more useful for the defence thereof. Ordered, That the matter of the Election for the burrow of Bewdley be adjourned till Friday in the next week after Easter-week. And then the House Adjourned till three a clock in the Afternoon. Post Meridiem. Ordered, That the matter touching the Election for the burrow of Bewdley, be heard at the Committee of Elections and privileges, on Wednesday next in the afternoon; but if the Committee shall not then sit, then that Election to be heard on the first Friday after Easter-week; and that the hearing of all other Causes before the said Committee be suspended until the said first day after Easter-week. A Message from the Lords by Sir John Coel and Sir Timothy Baldwin. Mr. Speaker, The Lords desire a present free Conference with this House in the Painted Chamber, upon the subject-matter of the last free Conference. The Messengers being withdrawn, Resolved, &c. That this House will meet the Lords at a present free Conference in the Painted-chamber. And the Messengers being called in, Mr. Speaker acquaints them that this House had agreed to meet the Lords at a present Conference in the Painted-chamber upon the Subject-matter of the last free Conference. Ordered, That the Members that managed the last free Conference, do attend and manage this free Conference. Sir Francis Winnington reports from the free Conference had with the Lords, that the Conference was managed by the Lord Privy-seal; and that what he delivered was to this effect, That the Lords having taken into consideration the incongruity in the Bill intimated at the last free Conference, had agreed, that in the nineteenth Line of the first Skin[ the fifteenth of April] should be made[ the one and twentieth of April.] And in the four and twentieth Line of the said Skin, that the[ Tenth] should also be made[ the▪ one and Twentieth:] And had agreed to the Bill without any further Amendments; to which they desired the concurrence of this House. The said Amendments being twice red, were upon the Question severally agreed to. Resolved, That a Message be sent to the Lords to acquaint them that this House has agreed to the Amendments made by their Lordships to the Bill for the Attainder of Thomas Earl of Danby of High Treason; and that Sir Francis Winnington do go up with the Message. The House then did proceed to the further examination of the matter of the Election for the County of Leicester; and having examined the remainder of the Witnesses on the part of the Petitioners, The Question being put that the House do now adjourn, The House divided. The Noes go forth. Tellers Mr. Hamden for the Noes 89. Mr. Edward Ash Tellers Mr. Apprece for the Yeas 71. Mr. Courtnay And then the House adjourned till to morrow-morning eight of the clock. Martis 15o die Aprilis, 1679. SIR Henry Ford reports from the Committee appointed to examine the matter of the Information against Mr. Castleton, That the Committee had taken the matter of the said Information into their consideration, and had agreed upon a Report; which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was again red, and is as followeth,( viz.) IN obedience to the Order of this House of the twelfth instant, the Committee have met to examine the complaint of Mr. Chetwind against Mr. Castleton, about defaming by several Aspersions Mr. Stephen Dugdale the Kings Evidence; and Mr. Chetwind appearing before them, did instance in many discourses which had been used by Mr. Castleton to that effect; unto which Mr. Castleton made answer, That upon the first tidings of Mr. Dugdale's evidence given in the Country, there were various reports here spread about to Mr. Dugdale's disadvantage in reference to Money lost by him at Racing, and as if he had behaved himself dishonestly in that matter, as also towards the Lord Aston: and he did aclowledge that he made mention to Mr. Chetwind of these rumours and reflections upon Mr. Dugdale, as they were spoken of by other men; but that he was so far from affirming any thing of himself, that he presently writ Letters into Stafford-shire, and upon the Answers he had from some Friends there, he did publish, as much as any man, the credit of Mr. Dugdale in all places, and was one of the first that did visit Mr. Dugdale on his arrival here: and in confirmation herein, Mr. Chetwind did own to the Committee, that Mr. Castleton did soon after his first discourses, come to him, and declare as to Mr. Dugdale's credit, that he was fully convinced; and Mr. Dugdale also being at the Committee, did declare, that he was not sensible that Mr. Castleton was his Enemy, or had done him any wrong. So that the Committee finding no other material complaint than this of the Calumny, are humbly of opinion, that Mr. Castleton may be discharged from his present restraint. And whereas the said Mr. Castleton did represent the great misfortune he lay under, in having been seized in custody by the same Warrant wherewith Mr. Reading was taken for matters of Treason and high Misdemeanour, and that the report of it was so far scattered in all places to his disadvantage, that most people have called for their Papers out of his hands, and that he is likely to be ruined in his livelihood and way of employment, unless the House shall be pleased by some Vote to remove the public censure which seems to lie upon him by being involved in that Warrant; The Committee have thought fit to enter into some tender consideration of this particular, in regard Mr. Castleton appears by very many testimonies to be a good Protestant, and a man of a sober life: but they do submit his desires herein to the pleasure and determination of the House. Ordered, That Mr. Castleton be discharged from the Custody of the sergeant at Arms, paying his Fees. Ordered, That Mr. Alderman Wright have leave to go into the Country. Ordered, That the Committee of Secrecy have leave to sit from time to time during the sitting of the House. Ordered, That Mr. Blagrave have leave to go into the Country for a fortnight. Ordered, That Mr. Chetwind have leave to go into the Country in order to the recovery of his health. Sir Thomas Stringer reports from the Committee appointed to inspect the Journal of the House of Lords, and to see what Entries had been there made touching the giving Copies to the Lords in the Tower of the Evidence against them, That the Committee had prepared a Report, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was again red, and is as followeth. THE Committee, in obedience to the Commands of this House, have met, and have inspected the Journal of the House of Lords, and find, that on Wednesday the ninth of April instant, it is entred in the Lords Journal-book, as followeth. The Lord Chancellor let their Lordships know, that the House had ordered, that the several Indictments found against them by the Grand Jury, should be brought into the Lords house by Certiorari; and that their Lordships may have Copies of the Articles of Impeachment against them: and that they shall have liberty to search and find out Copies of Records and Journals, in order to their defence. And a Debate arising thereupon, Resolved, &c. That the said Debate be adjourned till this day seven-night. A Complaint being made of a Breach of privilege committed against Sir scroop How a Member of this House, by one Adam powel Under-Sheriff of the City of Worcester, in arresting Robert Hill a menial Servant of the said Sir scroop How, at the svit of one John Summers an Attorney, contrary to the Rights and privileges of Parliament, Ordered, That the said Adam powel and John Summers be sent for in custody of the sergeant at Arms attending this House, to answer their Breach of privilege committed upon Sir scroop How, by arresting Robert Hill his menial Servant, contrary to the Rights and privileges of Parliament. Ordered, That Sir John guys have leave to go into the Country. Ordered, That a Committee be appointed to inquire concerning the late Fires that have happened in and about the City of London, and to report the same to the House: And that the Committee of Secrecy do transmit to this Committee all such Papers and Examinations as they have in their custody relating to the discovery of such persons as have been the occasion of such Fires: And it is referred to Mr. harboured, Sir Robert Peyton, Sir Robert Clayton, Sir Thomas Player, Sir Nathaniel hernia, Sir Francis Drake, Mr. Williams, Sir John Coriton, Mr. Johnson, Mr. Wogan, Sir Thomas Clargis, Sir Joseph Tredingham, Col. Birch, Mr. pit, Sir John win, Serj. Rigby, Sir Philip Egerton, Sir Anthony Irby, Sir Patience Ward, Sir Christoph. Musgrave, Sir Thomas Stringer, Mr. Foley, Mr. Mansell, Mr. Dubois, Mr. Trenchard, Mr. Papillon, Alderman Blackwell, Col. Whitley, and all the Members that serve for the Cities of London and Westminster, and the burrow of Southwark, or any three of them: And they are to meet this Afternoon at three of the clock, in the Speakers Chamber; and are impowred to sand for Persons, Papers, and Records. Sir George Downing reports from the Committee appointed to inspect and state the Accounts relating to the Army, That the Committee had met, and had agreed upon a Report to be made to the House; which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was again red, and is as followeth,( viz.) IF the Officers of the three Regiments of Horse, and of the seven Regiments of Foot that are disbanded, be paid, put to the respective days upon which they were disbanded, there will be less due to them than is set down in the Paper given into the House by the Pay-master of the Army, 788 l. 16 s. 0 d. which sum of 788 l. 16 s. 0 d. being deducted out of the sum of 193241 l. 18 s. 2 d. the remains will be the sum of 192453 l. 2 s. 2 d. A Motion being made for a Supply to be given to his Majesty for paying off and disbanding the Army, Resolved, &c. That this House will to morrow-morning at ten of the clock resolve itself into a Committee of the whole House, to take into consideration the Motion that was made for a Supply to be given to his Majesty for paying off and disbanding the Army. Ordered, That the matter touching the Election for the County of Norfolk be heard at the Bar of this House on monday next, the first business. And then the House Adjourned till two of the clock in the Afternoon. Post Meridem. Ordered, That the Committee to whom the consideration of the Petition of Doctor John Nelson is referred, be revived, and do sit to morrow morning at eight of the clock, at the place formerly appointed. And that Sir John Knight and Sir Anthony Irby be added to the said Committee. The House then proceeded to hear the matter touching the Election for the County of Leicester, and having Examined the remainder of the Evidence on the part of the sitting Members; The Question being put that the House do now proceed upon the debate touching the Election for the County of Leicester, it was resolved in the Affirmative. The Question being put that the Lord Roos is duly Elected to serve in this present Parliament, as Knight of the Shire for the County of Leicester, The House divided The Noes went forth. Tellers Sir John Talbot for the Yeas 78. Mr. Grey Tellers Sir Eliab Harvey for the Noes 116 Colonel Birch And so it passed in the Negative. Resolved, &c. That the Lord Roos is not duly Elected to serve in this present Parliament, as Knight of the Shire for the County of Leicester. Resolved, &c. That the Lord Sherrard is well and duly Elected to serve in this present Parliament, as Knight of the Shire for the County of Leicester. Resolved, &c. That Sir John Hartopp is not duly Elected to serve in this present Parliament, as Knight of the Shire for the County of Leicester. And then the House Adjourned till to morrow morning eight of the clock. Mercurii 16o die Aprilis 1679. Ordered, THat all Committees that are discontinued be revived, and do sit this Afternoon in the places formerly appointed. A Bill for securing the King and Kingdom against the growth and danger of Popery, was red the second time. Resolved, &c. That the Bill be committed upon the debate of the House to Sir Tho. Clargis, Sir Tho. Exton, Mr. Courtnay, Sir William Coventry, Mr. Swinfen, Mr. Williams, sergeant Maynard, Mr. Boscawen, Sir Henry capel, Sir Fra. Drake, Sir Tho. Meres, Mr. Wogan, Master of the Rolls, Mr. Alderman Love, Sir Patience Ward, Mr. brown, Mr. Pilkington, Sir Eliab Harvey, Sir Halswell tint, Mr. Upton, Sir John Knight, sergeant says, Sir Nich. Bedley, Sir Hen. Ford, Mr. Hamden, Colonel Birch, Mr Onslow, Sir Jo. win, Sir Jo. Talbot, Sir Jo. Hewley, Sir Will. Hickman, Sir Edw. Hugerford, Mr. Mansell, Sir Gilb. Gerrard, Sir Anth. Irby, Sir Gervas Elwes, Mr. Papillon, Lord Cavendish, Sir Tho. Mompesson, Sir William Escourt, Sir Richard Head, Sir Nathaniel hernia, Sir Ra. Ashton, Sir Tho. Stringer, Mr. Wright, Colonel Titus, Mr. ston, Mr. Morgan, Sir Walter Young, Sir Christoph. Musgrave, Sir Sam. Bernardiston, Mr. Hopkins, Mr. Grey, Sir Robert Peyton, Mr. Foley, Sir Walter Ernley, Mr. Dubois, Sir Phil. Egerton, Mr. Trenchard, mayor Bockland, Mr. stern, Sir Fra. Winnington, Sir Jo. Mallett: And they are to meet to morrow at Two of the clock in the afternoon, in the Speakers Chamber. Ordered, That Mr. George Savage and Mr. hid have leave to go into the country for a fortnight. Ordered, That Mr. web have leave to go into the Country. Ordered, That Mr. Gresham have leave to go into the country. The House then resolved into a Committee of the whole House, to consider of the motion for a Supply to be given to His Majesty for paying off and dismissing all the Forces now in Arms in this Kingdom, raised or brought over from foreign parts since the twenty ninth of September, one thousand six hundred seventy and seven. Mr. Speaker left the Chair. Sir John Trevor took the Chair of the Committee. Mr. Speaker resumed the Chair. Sir John Trevor reports from the Committee, That the Committee had taken into their consideration the Motion for a Supply to be given to his Majesty for disbanding the Forces; and understanding that there was a Message from the Lords attending in the Lobby, they commanded him to leave the Chair. A Message from the Lords by Sir Timothy Baldwin and Sir John Hoskins. Mr. Speaker, We are commanded by the Lords to acquaint this House, that the Earl of Danby having last night rendered himself to the Gentleman-Usher of the Black-red, who brought him this day to the Bar of their House, that their Lordships have sent him to the Tower. Resolved, &c. That the House will resolve itself into a Committee of the whole House, further to proceed in the consideration of the Motion for a Supply to be given to his Majesty for paying off and dismissing the Forces. Mr. Speaker left the Chair. Sir John Trevor took the Chair of the Committee. Mr. Speaker resumed the Chair. Sir John Trevor reports from the said Committee, That the Committee had made some progress in the consideration of the Motion for a Supply to be given to his Majesty for paying off and dismissing of Forces; and being informed that there was a Message from the Lords attending in the Lobby, they had commanded him to leave the Chair. A Message from the Lords by Sir Timothy Baldwin and Sir John Hoskins. Mr. Speaker, The Lords have commanded us to acquaint this House, that the five Lords lately committed to the Tower, have all in person brought their Answers to the Articles of Impeachment exhibited against them by this House( except my Lord Bellassis) which were red to their Lordships; and their Lordships have sent the Originals to this House, to the intent this House may consider of them, and return the same Originals with all convenient speed. A Debate arising, Whether the Lord Bellasis is actually and legally arraigned, having not in person delivered his Answer at the Bar of the House of Lords to the Impeachment exhibited against him by this House, Resolved, &c. That the said Debate be adjourned till to morrowmorning nine of the clock. Ordered, &c. That Sir Thomas Lee, Mr. Sacheverell, Mr. Powle, Sir John Hewley, Serj. says, Sir John Trevor, Sir Nich. Pedley, Mr. Foley, Sir John Knight, Mr. Hamden, Sir Henry capel, Col. Birch, Sir Thomas Meeres, Mr. Newport, Sir William Poultney, Sir John win, Mr. Garraway, or any two of them, do inspect the Journal of the House of Lords, and see what Entries are therein made touching the Appearance and the Arraignment of the five Lords now in the Tower, and to report the same to the House to morrow-morning. The House then resolved into a Committee of the whole House, further to proceed in the consideration of the Motion for a Supply to be granted to his Majesty for the paying off and dismissing the Forces. Mr. Speaker left the Chair. Sir John Trevor took the Chair of the Committee. Mr. Speaker resumed the Chair. Sir John Trevor reports from the said Committee, That the Committee had agreed upon several Votes; which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same were again red, and are as followeth. Resolved, &c. That it is the opinion of this Committee, that the General Officers shall not be paid. Resolved, &c. That it is the opinion of this Committee, that the Field-Officers, as Field-Officers, shall be paid onely to the time that they were to be disbanded by Act of Parliament. Resolved, &c. That it is the opinion of this Committee, that no Officer shall receive pay from the time that the Souldiers under his Command were actually disbanded. Resolved, &c. That it is the opinion of this Committee, that a Supply be granted to his Majesty, not exceeding the sum of two Hundred and six Thousand four Hundred Sixty two pounds, seventeen shillings and three pence, for the paying off and dismissing all the Souldiers now in Arms in England, raised or brought over from foreign parts into this Kingdom since the nine and twentieth day of September, 1677. to be raised by six months Tax, according to the rate of the present Tax, and to commence from the determination of the Tax in being. The first Vote being red the second time, was upon the Question agreed to. Resolved, &c, That the general Officers shall not be paid. The second Vote being red the second time, and the Question being put to agree with the Committee, It passed in the Negative. The third Vote being red the second time, was upon the Question agreed to. Resolved, &c. That no Officer shall receive pay from the time that the Souldiers under his Command were actually disbanded. The fourth Vote being red the second time, and the Question being put that the words[ into this Kingdom] after the word[ Parts] be left out, It was resolved in the Affirmative. The Question being put that the words[ in England] after the word[ Arms] be left out, and that instead thereof the words[ in this Kingdom] be inserted, It was resolved in the Affirmative. Resolved, &c. That a Supply be granted to his Majesty not exceeding the sum of two Hundred and six Thousand four Hundred sixty two pounds seventeen shillings and three pence, for the paying off and dismissing all the Forces now in Arms in this Kingdom, raised or brought over from foreign parts, since the nine and twentieth of September, 1677. to be raised by six moneths Tax according to the rate of the present Tax, and to commence from the determination of the Tax in being. Resolved, &c. That the Commission-Officers be paid to the first of April, and no longer. Ordered, That a Bill be brought in pursuant to the said Votes; and i● is referred to Sir John Trevor, Sir Tho. Meres, Col. Whitley, Sir Tho. Clargis, Sir George Downing, Col. Birch, Sir Gilb. Gerrard, Sir Fra. Winnington, or any three of them, to prepare and draw up the same: And that they do bring in a borrowing clause, and a clause of indemnity, and do prepare Rules and Instructions for the disbanding the Forces. Ordered, That all Committees be adjourned, except the Committee of Secrecy, and the Committee appointed to inquire concerning the late Fires that have happened in and about the City of London. And then the House adjourned till to morrow-morning eight of the clock. Jovis 17o die Aprilis, 1679. Resolved, &c. THat this House will on Wednesday next at ten of the clock take into consideration the state of the Kingdom in reference to the Militia. Ordered, That all Committees that are discontinued be revived, and do sit this Afternoon in the places formerly appointed. Ordered, That Mr. Speaker do issue out his Warrant to the Clerk of the Crown to make out a new Writ for electing of a Knight of the Shire to serve in this present Parliament for the County of Leicester. Resolved, &c. That this House will on Saturday next come seven-night take into consideration the matter of the miscarriages touching the Election for the County of Leicester. Ordered, That the Committee of Elections and privileges do sit on Wednesday next in the Afternoon; and that the matter of Election for the County of Warwick be referred to the said Committee, to examine the matter thereof, and to report the same with their Opinions thereupon to the House. And they are to proceed upon no other business relating to Elections on that Afternoon. Ordered, That Mr. Gerrard Russel and Mr. Knight have leave to go into the Country for six days. Ordered, That the Committee appointed to bring in a Bill for paying off and disbanding the Souldiers, do prepare and bring in a Clause for appropriating the Money for that use onely, with penalties upon such persons as shall divert the same. The Question being put that the Supply granted to his Majesty for paying off and dismissing the Forces shall be paid in to the Exchequer, The House divided. The Noes went forth. Tellers Sir Fra. Drake for the Noes 131. Sir Arth. Harris Tellers Sir John Talbot for the Yeas 191 Sir Joseph Tredingham And so it was resolved in the Affirmative. Resolved, &c. That the Supply granted to his Majesty for paying off and dismissing the Forces, shall be paid into the Exchequer. Ordered, That Mr. Everfied, Mr. Deering, and Mr. Goddard, have leave to go into the Country till Friday in Easterweek. Ordered, That Sir John fag have leave to go into the Country in order to the recovery of his health. Ordered, That a Committee of Secrecy be appointed to prepare and draw up Evidence against the Earl of Danby: And it is referred to Col. Titus, Sir William Coventry, Sir Fra. Winnington, Mr. Williams, Sir Hen. Capel, Sir William Ellis, Mr. Sacheveril, Mr. Powle, Sir Robert Carr, sergeant Maynard, or any three of them: and they are to receive Evidence and draw up further Articles against the said Earl of Danby, as they shall see cause: And they are to meet this Afternoon, and to sit de die in diem; and are impowred to sand for Persons, Papers, and Records. Mr. Hamden reports from the Committee appointed to inspect the Journal of the House of Lords, and see what Entries are there made touching the Appearance and Arraignment of the five Lords in the Tower, That they had agreed upon a Report; which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was again red, and is as followeth,( viz.) We find that the Lord Powys, Lord Stafford, Lord Petre, Lord Arundel of Wardour, were brought to the Bar, and kneeled till the Lord Chancellor bid them stand up; and then the Articles were red to them, and the Chancellor asked them what they could say for themselves, letting them know that his Majesty would appoint a Lord High Steward for their trials: and the Lords made several requests in order to their Defence upon their trials. Then they withdrew, and the Lords having taken their requests into consideration, they were called to the Bar again, and the Lord chancellor let them know, that the House had ordered that the several Indictments found against the Five Lords by the Jury, should be brought into that Court by Writ of Certiorari, and that their Lordships may have Copies of the said Articles of Impeachment, and have time given them till Tuesday the fifteenth instant to sand in their respective Answers thereunto, with farther time to Answer to any further Articles that should be brought up, and liberty to take out Copies of Records and Journals, &c. At the end of which Order we find it thus entred: That notice being taken by the House, that the Lord Bellasis had not appeared at the Bar, Thomas Plossington and Robert Dent, being Sworn at the Bar, attested that the said Lord Bellasis is at this present so ill and lame with the Gout, that he is not able to stir out of his Bed, nor to turn himself in his Bed without help: which reasonable excuse the House allowing of, the said Thomas Plossington on the behalf of the Lord Bellasis desired, that his Lordship might have a Copy of the Articles, and that Counsel whom he name might be assigned to him; which, with the other requests made by the Lords who appeared, were equally condescended to for the Lord Bellasis, as for the other Four Lords. Then ensues an Order for those Five Lords to stand Committed to the Tower in order to their trials, and the same access of persons to them, as before this day. John Lord Bellasis hath Order for Sir Thomas Skipwith and Mr. Saunders to be his Counsel. 15o Aprilis, 1679. This day being appointed for the Lords, Prisoners in the Tower, to put in their Answers to the Articles of Impeachment of the House of Commons against them, which being called for and not come, it is Ordered, &c. That the Earl of Powys, Lord Stafford, Lord Petre, Lord Arundel of Wardour, be brought to the Bar of this House to morrow morning at eleven of the clock, by the Lieutenant of the Tower, to put in their respective Answers to the said Articles of Impeachment; and this shall be a sufficient Warrant on that behalf. It was moved that the Lord Bellasis Answer might be received now, in regard of his Lordships sickness: which the House received and red. Resolved, &c. That it be referred to the Committee of Secrecy, to look into the Answers of the five Lords in the Tower; and they are to consider of the methods of proceedings to trials upon Impeachments, and report their opinions thereupon to the House on monday morning next; and that Mr. Speaker do deliver the said Answers to the Committee of Secrecy. Ordered, That all Committees but the Committee of Secrecy, and the Committee appointed to inquire touching the late Fires that have happened in and about the City of London, be Adjourned; and that Sir Sam. Bernardiston be added to that Committee. Resolved, &c. That this House will on Tuesday next take into consideration the state of the Kingdom, and how the Navy may be made useful for the defence thereof. And then the House Adjourned till monday morning next eight of the clock. Lune 21o die Aprilis, 1679. Ordered, THat Mr. Turner of Lynn, and Sir William Coventry, have leave to go into the Country. Ordered, That Mr. Thurborne have leave to continue in the country, in order to his Health. Mr. Secretary Coventry acquaints the House, that His Majesty had Commanded him to let the House know, that His Majesty did intend to come to the House of Peers this day about twelve of the clock in his Royal Robes, and did intend to sand for this House to attend him there. A Message from His Majesty by Sir Edward Carteret Usher of the Black Rod. Mr. Speaker, The King Commands this Honourable House to attend him immediately in the House of Peers. And accordingly Mr. Speaker with the House went to attend His Majesty, in the House of Peers; and the House being returned, Mr. Speaker reports the effects of His Majesties Speech, which is as followeth. My Lords and Gentlemen, I Thought it necessary to acquaint you what I have done this day, which is, that I have established a new Privy-Council, the constant number of which shall never exceed Thirty. I have made choice of such persons as are worthy and able to advice me, and am resolved in all my weighty and important Affairs, next to the Advice of my great Council in Parliament, which I shall very often consult with, to be advised by this Privy-Council. I could not make so great a change without acquainting both Houses of Parliament; and I desire you all to apply yourselves hearty, as I shall, to do those things which are necessary for the good and ●afety of the Kingdom, and that no time be lost in it. The House then took into consideration the matter touching the Election for the County of Norfolk, and Examined the Witnesses on the part of the Petitioner. And then the House adjourned till three of the clock in the Afternoon. Post Meridiem. The House took into further consideration the matter touching the Election for the County of Norfolk, and examined all the Witnesses on the part of the sitting Members. Resolved, &c. That Sir Christopher Calthrope is not duly elected to serve in this present Parliament as one of the Knights of the Shire for the County of Norfolk. Resolved, &c. That Sir nevil catiline is not duly elected to serve in this present Parliament as one of the Knights of the Shire for the County of Norfolk. The Question being put that Sir John Hobart is duly elected to serve in this present Parliament as one of the Knights of the Shire for the County of Norfolk, The House divided. The Noes go forth. Tellers Sir John Talbot for the Noes 99. Mr. Tempest Tellers Sir John Trevor for the Yeas 94. Mr. Hamden And so it passed in the Negative. Resolved, &c. That Sir John Hobart is not duly elected to serve in this present Parliament as Knight of the Shire for the County of Norfolk. Ordered, That Mr. Samuel Nerdon an Attorney, acting as Under-Sheriff for the County of Norfolk be sent for in custody of the sergeant at Arms attending this House, to answer his miscarriages and ill practices in electing of Knights of the Shire to serve in this present Parliament for the County of Norfolk. Ordered, That Dr. John Hilliard be sent for in custody of the sergeant at Arms attending this House, to answer his Contempt in not attending this House according to the Summons to him given. Resolved, &c. That this House will on monday next take into consideration the matter of the miscarriages touching the election for the County of Norfolk. And then the House adjourned till to morrow- morning eight of the clock. Martis 22o die Aprilis, 1679. DOctor Edesbury reports from the Committtee to whom the engrossed Bill sent from the Lords, entitled, An Act for disabling any person from sitting in any of the Houses of Convocation till he hath taken the Oaths, and made and subscribed the Declaration therein mentioned, was committed; That the Committee had taken the Bill into consideration, and agreed upon several Amendments and Clauses; which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same were again red. The first, second, third, fourth, and fifth Amendments being red a second time, were upon the Question severally agreed to. The sixth Amendment being red a second time, was Post-poned. The seventh, eighth, and ninth Amendments being red a second time, were upon the Question agreed to. The rest of the Amendments and Clauses being red a second time, and a debate arising thereupon, Resolved, &c. That the Bill be re-committed to the same Committee, to consider of the Amendments and Clauses not agreed unto upon the debate of the House. A Message from the Lords by Sir Timothy Baldwin, and Sir William Beversham. Mr. Speaker, The Lords have sent you down a Bill, entitled, An Act to enable the Trustees of the manors and Lands late of Charles Lord Mohun therein name, to fell and sell Timber, and to make Leases for payment of his and his Fathers Debts, and to raise a Portion for his Daughter; to which they desire the Concurrence of this House. Ordered, That Mr. noel, and Mr. May, have leave to go into the Country for fourteen days from Saturday next. Ordered, That the Committee of Secrecy appointed to receive evidence, and prepare and draw up farther Articles against the Earl of Danby, have leave to sit from time to time during the sitting of the House, and to make choice of a person to assist them in the nature of a solicitor. Ordered, That the said Committee of Secrecy shall be at liberty to desire the assistance and information of any Member of this House, in order to the preparing and drawing up farther Articles against the Earl of Danby. Ordered, That the Committee of Secrecy to whom it was referred to look into the Answers of the Five Lords in the Tower, and to inquire into the methods of Proceeding to trial upon Impeachments, do make their report to the House to morrow morning at ten of the clock. The Bill for paying off and dismissing the Army, was red the first time. Resolved, &c. That the Bill be red a second time to morrowmorning. Ordered, That all Committees that were dis-continued, be revived, and do sit this Afternoon in the places formerly appointed. Ordered, That Mr. Speaker do issue out his Warrant to the Clerk of the Crown, to make out a new Writ for Electing of two Knights of the Shire, to serve in this present Parliament for the County of Norfolk. Ordered, That the Committee appointed to consider of the Temporary Laws, and report their opinions which of them are fit to be continued, be impowred to sand as well for licenced as unlicensed Books, in order to be examined and perused by them. Resolved, &c. That the Committee to whom the matter concerning Dr. Nelson is committed, do take the same into consideration, upon the debate of the House. Resolved, &c. That this House will on Thursday morning next take into consideration the State of the Kingdom, and how the Navy may be made useful for the defence thereof. Ordered, That the Lord Ashley have leave to continue in the Country. And then the House adjourned till to Morrow- morning eight of the clock. Mercurii 23o die Aprilis, 1679. Ordered, &c. THat a Committee be appointed to receive Proposals concerning the Royal Fishery, and to report the same to the House; and it is referred to Mr. Williams, Sir Joh. Coriton, Mr. brown, Sir Anth. Irby, Mr. Lewis, Sir Hen. capel, Sir John Hewley, Sir Walter Earnly, Mr. Nosworthy, Mr. May, Sir Nath. hernia, Sir Jo. Dawney, Sir Tho. Player, Sir Patience Ward, Mr. Mansell, Mr. Papillon, Mr. harboured, Mr. Pilkington, Sir Jo. Trevor, Sir Ralph. Ashton, Col. Birch, Sir Rob. Carr, Sir John Knight, Mr. Wright, Sir Samuel Bernardiston, Mr. Booth, Mr. Dubois, Sir John win, Sir John Holman, Mr. Lambert, Mr. Johnson, Sir Anth. dean, Sir Ral. Dalavall, Sir Hen. Ford, and all the Members of this House that are Merchants, and the Members that serve for the City of London; and they are to meet this afternoon at two of the clock in the Speakers Chamber, and they are to sand for the deputy-governor of the former Company of the Royal Fishery, and are impowred to sand for Persons, Papers, and Records. An engrossed Bill sent down from the Lords, entitled, An Act to enable the Trustees of the manors and Lands late of Charles Lord Mohun therein name, to fell and sell Timber, and to make Leases for payment of his and his Fathers Debts, and to raise a Portion for his Daughter, was red the first time. Resolved, &c. That the Bill be red a second time. Ordered, That leave be given to Mr. Thomas Harvey to go into the country for ten days. A Bill to enable Trustees to sell the Lands of the Co-heirs of Charles Dale Esquire deceased, for payment of Debts, was red the first time. Resolved, &c. That the Bill be red a second time. Ordered, That leave be given to bring in a Bill for prevention of raising and levying Money upon the Subjects, but by Act of Parliament. The Bill for paying off and dismissing the Army, was red the second time. Resolved, &c. That the Bill be committed upon the debate of the House, to a Committee of the whole House; and that the House will to morrow morning resolve itself into a Committee of the whole House, to proceed upon the said Bill. Mr. Treby reports from the Committee of Secrecy appointed to look into the Answers of the Five Lords in the Tower, and to inquire into the methods of proceedings to trials upon Impeachments, That the Committee had agreed upon a Report to be made to the House; which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was again red, together with the said Answer,( except the Answer of the Lord Bellasis) and is as followeth. The Committee is of opinion, That the Lord Bellasis being Impeached of High-Treason by the Commons, cannot make any Answer but in Person. That the several Writings put in by the Lord Powys, Lord Stafford, and Lord Arundel of Wardour, which they ca●l their several Pleas and Answers, are not Pleas or Answers, but argumentative and evasive; to which the Commons neither can nor ought to reply. That if the Answers of the Lord Powys, Lord Stafford, and Lord arundel( as well as that of the Lord Petre) w●re sufficient, yet there ought not to be any proceedings against them, or any of them, until the Lord Bellasis also put in a sufficient Answer in person. That the Commons do demand of the Lords, that their Lordships would forthwith order and require the said Lord Powys, Lord Stafford, Lord Arundel of Wardour, and Lord Bellasis, to put in their perfect Answers; or in default thereof, that the Commons may have justice against them. Resolved, &c. That this House will sit this afternoon, and that a Message be sent to the Lords, to desire their Lordships will do the like. Ordered, That Sir John Trevor do go up with the Message. Sir John Trevor Reports, that the Lords have Adjourned till to morrow morning. Resolved, &c. That the consideration of the Report made upon the Answers of the Five Lords in the Tower to the Articles of Impeachment exhibited against them by this House, be Adjourned till to morrow morning ten of the clock. And then the House Adjourned till to morrow morning eight of the clock. Jovis 24o die Aprilis, 1679. A Bill for Exporting of Leather, was red the second time. Resolved, That the Bill be committed upon the debate of the House to Sir John Knight, sergeant says, Sir Jo. Hewley, sergeant Rigby, Sir Hen. Thompson, Sir Fra. russel, Sir Will. franklin, Mr. Onslow, Sir edmond Jennings, Mr. Whittacre, Mr. Grey, Lord Scudamore, Sir Vincent Corbet, Mr. Alderman Love, Sir Ralph Ashton, Sir Hen. Ford, Mr. Pilkington, Mr. Wright, Mr. brown, Sir Phil. Egerton, Sir Nath. hernia, Sir Jo. win, Mr. May, Sir Tho. Player, Mr. Williams, Mr. Courtney, Mr. Barker, Mr. Dubois, Mr. Darrell, Sir Patience Ward, Sir Edward Hungerford, Mr. Johnson, Mr. Biggs, Mr. Parthridge, Mr. Coryton, Sir Tho. Exton: And all that come are to have Voices, and they are to meet this Afternoon at Three of the clock in the Speakers Chamber, and are impowred to sand for Persons, Papers, and Records, A Petition of the counsellors, and other Manufacturers of Leather in and about London was red, setting forth the inconveniency of reviving the Law for Exporting of Leather. Resolved, &c. That the said Petition be referred to the consideration of the Committee to whom the Bill for Exporting Leather stands committed, to examine the matter thereof, and report their opinions thereupon to the House. Ordered, That Mr. Dalmahay have leave to go into the Country for twenty days. The House then took into consideration the matter of the report made by Mr. Treby from the Committee of Secrecy touching the Answers of the five Lords in the Tower to the Impeachments exhibited against them by this House, and the methods of proceedings to trials upon Impeachments: And the several Paragraphs of the said Report being red a second time, were upon the Question severally agreed to. Ordered, That Mr. Booth do go up to the Lords, and desire a Conference with their Lordships touching the Answers of the five Lords in the Tower to the Impeachments exhibited against them by this House, and the methods of proceedings to trials upon Impeachments. Mr. Booth reports, that the Lords have agreed to meet this House at a present Conference in the Painted-chamber. Ordered, That the Members of the Committee of Secrecy that prepared the said Report, do attend and manage the Conference; and that they do acquaint the Lords at the Conference, that this House will make use of no other Evidence against the five Lords in the Tower, than what they have received within seven years last past: and desire that their Lordships will appoint a short day for the Lord Powys, Lord Stafford, Lord Arundel of Wardour, Lord Petre, Lord Bellasis, to put in their effectual Pleas and Answers to the Impeachment exhibited against them by this House. Sir Francis Winnington reports, that the Members appointed did attend and manage the Conference, and left the said Answers with the Lords, and delivered their Reasons of the insufficiency of them, and what else they had in charge from the House to deliver to their Lordships relating to the five Lords in the Tower. Ordered, That Mr. Sacheverel do deliver to Mr. Reading the Writings by him given into the Committee of Secrecy. Resolved, &c. That the consideration of the state of the Kingdom, and how the Navy may be made useful for the defence thereof, be adjourned till Munday-morning next; and that Mr. Speaker do issue out his Warrant for summoning such Witnesses then to attend, as shall be name to him by Mr. Bennet. Resolved, &c. That Sir Gilbert Gerrard, Col. Whitley, Col. Birch, and Sir Thomas Player, shall be Commissioners for the disbanding the Army. The House then resolved into a Committee of the whole House, to proceed upon the Bill for paying off and dismissing the Army. Mr. Speaker left the Chair. Sir John Trevor took the Chair of the Committee. Mr. Speaker resumes the Chair. Sir John Trevor reports from the said Committee, that the Committee had made some progress into the Bill for paying off and dismissing the Army: And humbly moved from the said Committee, that the House would resolve itself into a Committee of the whole House at three of the clock this Afternoon, further to proceed upon the said Bill. Resolved, &c. That this House will at three of the clock this Afternoon resolve itself into a Committee of the whole House, further to proceed in the Consideration of the Bill for paying and dismissing the Army. And then the House adjourned till three of the clock in the Afternoon. Post Meridiem. A Bill for reversing Outlawries in the Kings-bench was red the second time. Resolved, &c. That the Bill be committed to Sir Tho. Clargis, Mr. Colt, Sir Nich. Pedley, Sir John Knight, Sir Sam. Bernardiston, Mr. Evelin, Sir John Talbot, Sir John Carew, Sir William Pultney, Sir William Basset, Sir John Hewley, Sir John Trevor, Serj. says, Serj. Rigby, Mr. cook, Sir John win, Sir Fra. Drake, Mr. Knight, Sir Jos. Tredingham. Sir Anth. Irby, Mr. Onslow, Sir Patience Ward, and all the Members of this House that are of the Long rob; and they are to meet on Saturday next at three of the clock in the Afternoon in the Speakers Chamber. Ordered, That leave be given to bring in a Bill for regulating the abuses in collecting the Duty of Hearth-mony; and that it be recommended to the care of Sir Thomas Clargis to prepare and draw up the same. The House then resolved into a Committee of the whole House, further to proceed in the consideration of the Bill for paying off and dismissing the Army. Mr. Speaker left the Chair. Sir John Trevor reports from the said Committee, That the Committee had made some further progress in the Bill for paying off and dismissing the Army, and moved that the House will to morrow morning the first business resolve itself into a Committee of the whole House, further to proceed in the consideration of the said Bill. Resolved, &c. That this House will to morrow morning the first business resolve itself into a Committe of the whole House, further to proceed in the consideration of the Bill for paying off and dismissing the Army. And then the House adjourned till to morrow- morning eight of the clock. Veneris 25o die Aprilis, 1679. Ordered, THat the engrossed Bill entitled An Act to enable the Trustees of the manors and Lands late of Charles Lord Mohun therein name to fell and sell Timber, and to make Leases for payment of his and his Fathers Debts, and to raise a Portion for his Daughter, be red on Munday-morning next at ten of the clock. A Bill for the better prevention of illegal exaction of Money from the Subject, was red the first time. Resolved, &c. That the Bill be red a second time. A Bill for exporting Cloth to turkey was red the first time. Resolved, &c. That the Bill be red the second time. Ordered, That Sir Thomas Clargis be added to the Committee of Secrecy appointed to prepare and draw up further Articles against the Earl of Danby. The House being informed that there is a false and scandalous Pamphlet dispersed abroad under the name of The Speech of the Lord Cavendish, Resolved, &c. That it be referred to the Committee appointed to inquire into the Authors and Publishers of a Pamphlet dispersed under the name of Sir Francis Winnington's Speech, to inquire likewise into the Authors and Publishers of this Pamphlet, and make report thereof to the House. Ordered, That all Committees that are discontinued, be revived, and do sit this Afternoon in the places formerly appointed. Ordered, That all Members as shall be absent at the call of the House( whose excuses shall not be allowed) be sent for in custody of the sergeant at Arms attending this House, and shall not be admitted to take their places in the House till they have paid the sergeant his Fees and Charges. A Message from the Lords by Sir Timothy Baldwin, and Sir William Beversham. Mr. Speaker, We are to acquaint you from the Lords, that Thomas Earl of Danby, and John Lord Bellasis, have this day appeared in person at the Bar of the House of Lords, and that Thomas Earl of Danby hath put in his Plea, and the Lord Bellasis his Answer; which the Lords have sent to this House, desiring they may be returned with all convenient speed. The House then proceeded to call over the House; and Mr. Williams, Sir George Strode, Sir John Bowyer, Sir Edward Baynton, Sir Scroop How, and Mr. Thomas Wharton, being absent, and their excuses being not allowed, Ordered, That Mr. Williams, Sir George Strode, Sir John Bowyer, Sir Edward Paynton, Sir scroop How, and Mr. Thomas Wharton, be sent for in custody of the sergeant at Arms attending this House, and that they shall not be admitted to take their places in the House till they have paid the sergeant his Fees and Charges. Resolved, &c. That all such Members as shall depart the service of the House without leave first asked and obtained between the hours of Ten and Twelve of the clock in the morning, be sent for in custody of the sergeant at Arms attending this House, and shall not be admitted to take their places in the House till they have paid the sergeant his Fees and Charges. Ordered, That Sir Eliab Harvey, and his Son Mr. Sandys, and Sir John Sydenham, have leave to go into the Country. Ordered, That Sir Edward Harvey, and Sir James Rushout, have leave to go into the Country till Tuesday next. The House then took into consideration the Plea of Thomas Earl of Danby, and the Answer of John Lord Bellasis, to the Impeachments exhibited against them by this House; and the said Plea and Answer being red, Resolved, &c. That it be referred to the Committee of Secrecy appointed to draw up further Articles against the Earl of Danby, to examine the matter of the Plea of the said Earl to the Impeachments exhibited against him by this House, and to search and inquire how presidents stand in relation to the Pardon, and in what manner and by what means the same was obtained, and make Report thereof to the House with all expedition; and that all the Members of the Long rob be added to the Committee; and they are to meet this Afternoon at four of the clock in the Speakers Chamber. Resolved, &c. That this House will to morrow-morning the first business resolve itself into a Committee of the whole House, further to proceed in the consideration of the Bill for paying off and dismissing the Army. And then the House adjourned till to morrow- morning eight of the clock. Sabbati 26o die Aprilis 1679. A Petition of several Merchants and Retailers of French Commodities being tendered to be red, praying a longer time to vend Commodities of the growth and manufacture of France than is allowed by the Act for prohibiting the Importation thereof; The Question being put that the Petition be red, It passed in the Negative. Resolved, &c. That this House will on Friday next take into consideration how to make the Law for prohibiting the Importation of French Commodities more effectual. The House being informed, that Mr. Adam powel Sheriff of the City of Worcester, and Mr. John Summers an Attorney, now in custody of the sergeant at Arms attending this House, for a breach of privilege by them committed against Sir scroop How a Member of this House, by arresting, or causing to be arrested, Robert Hill his menial Servant, are very sorry for the same, and are sensible that they have thereby justly incurred the displeasure of the House; and therefore humbly beg Pardon, and pray that they may be discharged from their confinement; Ordered, That the said Mr. Adam Powel and Mr. John Summers be discharged from the custody of the sergeant at Arms, paying their Fees. Mr. sergeant Rigby reports from the Committee appointed to inquire▪ into the late Fires that have happened in and about the City of London, That the Committee had met several times, and had taken the Examinations of several persons touching the late Fire in▪ Fetter-lane; and that the Committee had agreed upon a Report to be made thereof to the House; which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was again red, and is as followeth. Mr. Speaker, THE Committee which you were pleased to appoint to inquire concerning the late Fires that have happened in and about the City of London, have in obedience to your Order met several times, and have made enquiry, and sent for several persons, and taken Examinations. And as to the late fire in Fetter-lane, they have commanded me to make you this Report. And in the first place, Mr. Robert bide, whose house it was that was set on fire, informeth, That his Wife retained one Elizabeth Oxley to be her Servant, taking her to be a Protestant, upon monday the four and twentieth of February last; but she came not to her service until about the 6th of March. That upon Wednesday-night the ninth of this instant April, about two or three of the clock in the morning, his said Servant came to his bed-side and awaked him, telling him there was a Fire in Holbourn; whereupon he asked her how she knew it? Who answered, by the noise in the street; whereupon he arose and looked into the street, but there was but little noise: so he stayed at the Street-door till he was informed by two men that passed by, that there had been a fire, but it was out again; whereupon he returned to bed well pleased he had so watchful a maid and fearful of fire; but none of his Family knew any thing thereof until informed by the said Oxley, as he believeth. That on Thursday-night the tenth of this instant April, he was told the said Oxley went up to bed about ten a clock, but he and his Wife went not to bed till eleven or past. That before he went to bed, he diligently looked to the Doors, Windows, and Rooms, that all was safe from Fire and Thieves, as his custom was; and was the last up in the Family, as he thought. That being asleep in bed, he was about twelve a clock that night waked with a great beating at his Street-door by the Watch; and the said Oxley coming immediately to him, told him there was a fire; to which he said, he was sure it was not at his house: but gave her the Key of the Street-door, who ran down and let in the Watch and company; and he coming down, found a large Press in his Closet for keeping Books, Papers, and Writings, on a light fire; but by the mercy of God, and the great help he had, the Fire was got out, and his House saved. That his Wife with some Neighbours immediately after going into the said Oxley's Lodging-room to see if all were safe, there found she had packed up her Clothes and things ready to carry away, and her Trunks were locked up, but nothing left in them of value; whereupon he demanded of the said Oxley why she had packed up her Clothes? She answered, that she and his other maid Martha had packed up their things to save them. Then he asked the said Martha why she had packed up at that time, when the lives of the Children and Family were in such danger? who positively denied that she offered to pack up any thing. Whereupon, and for that he was sure when he went to bed there was not a spark of fire in his Closet where the fire broke forth, and considering that the said Oxley came speedily into the Chamber upon the first knocking at the Door, though she lay two pair of stairs above his Chamber; and being informed that she had not put out her Candle into the Candlestick, or burnt it, but pulled it out and hide the Candlestick: and from the manner of her carriage used when she perceived she was suspected, he positively charged the said Oxley with firing his House, and caused her to be kept safe all night; and the next day being charged by Neighbours with firing his House, she at last confessed the firing of his House, by fetting the Press in his closet and his Papers on fire about twelve of the clock, when he and his Family was asleep. And he saith, that the said Oxley might have gone out of the Back-door of his house, and carried away any of his Goods or Plate if she had pleased at any time of the said night, without firing his house, the Key of the Back-door lying in the kitchen, and being laid there by her self; and he saith that nothing of value was found in the said Oxley's pack made up by her aforesaid, but her own things. Elizabeth Oxley upon her Examination declareth, That about Michaelmas last she became acquainted with one Nicholas Stubbs, who had several times used much persuasion and arguments to her to turn Papist; and after her showing a liking to it, and that he supposed she had embraced that persuasion, in his discourse to her at several times he told her, that before the eight and twentieth of June she should see all the Protestants destroyed that were in England; that the Pope should be King over England, and that all that would turn to the Popes Religion, should live far better than now they did: That all the Land were heretics, and that it was a meritorious act to destroy them. That all such as were Papists should have marks upon their Hats to distinguish them from Protestants, that they might not be destroyed with them; adding, that the Nation would believe that all things were over before the eight and twentieth day of June, but they would be deceived, for all should be destroyed before, or about that time. That the Duke of York was the bravest Prince living; that he was gone out of this Land because the heretics would cut off his Head, and that he would not return till they were destroyed. That the Lords in the Tower would not one of them suffer, for they would come off well enough, being to be tried by the Lords, and that the Scaffolds were set up but for fashion-sake. That she telling the said Stubbs she was hired to live with one Mr. bide about the middle of Fetter-lane, he used persuasions to her at several times to set fire on her Masters House, telling her, if she would do it he would give her five Pounds, and gave her half a Crown, and said he would have other Houses fired in Holborn at the same time by others. That she being with the said Stubbs on Sunday before the fire, promised him to fire her Masters House on the Thursday or Friday following; and accordingly on Thursday-night she took a Candle and put fire to the Papers in her Masters Study, which were in a kind of a Press; they being on a light fire, she shut the door, and went up stairs into her own Chamber on the top of the house, and there packed up her own things, and undressing her self lest her Master should suspect her, and there stayed till a great knocking was at the door, and the Watchmen crying out fire; whereupon she ran down stairs and cried out fire, and her Master gave her the Key to open the Door; which done, all hands were employed to quench the fire. And she said she did not set fire on her Masters house out of any malice to him, nor with intent to rob him; but merely to carry on the design that Stubbs had proposed to her, and out of hopes of his Reward. Nicholas Stubbs, upon his Examination, sets forth and owns to have used such discourses to the said Elizabeth Oxley as she declares in her Examinations, and saith he did persuade her to fire her Masters house, and was to give her five Guinies for doing it, besides the half-crown in hand. And saith, one Father Gifford a Priest, and his Confessor, did put him upon this business, and told him it was no sin to fire all the houses of the heretics and Hugonots. That he acquainted one Flower alias Derby, Molrain an Irish man a Barber in Jerman-street with it, and one Roger Clyton another Irish-man, who lodges at the Cock and Harp in the same Street. That the said Father Gifford promised him an hundren Pounds for the same, and told him that he was to have the money from the Church. That he used to meet the said Father Gifford, Flower, and Roger Clyton, in St. James's Fields, in the dark in the Evening, and then to discourse of these matters; and that the several Informations he had given the said Elizabeth Oxley, he had from the said Father Gifford; and saith, Flower and Roger Clyton told the said Stubbs they would carry on the fire, and that they had Fire-balls to that purpose, and that they would fire all the Houses in Holbourn at the same time. That he was at the fire of the Temple, but was not engaged to do any thing there; but believes Flower was, who he did see there: And saith that Gifford told him that there were English, French, and Irish roman-catholics enough in London to make a very good Army; and that the King of France was coming with 60000 men, with a pretence to show the Dauphin his Dominions, but it was to lay his men at Diep, Bullen, Calais, and Dunkirk, to be in readiness at an hours warning to be landed in England; and he doubted not but it would be by the middle of June; and that by that time all the catholics here were to rise, in order to bring him in. That the Papists here were to be distinguished by Marks in their Hats. That the said Father Gifford doubted not but he should be an Abbot or a Bishop when the work was over, for the good service he had done. That at their meetings Father Gifford used to tell them it was no more sin to kill a heretic than to kill a Dog; and that they did God good service in doing them what mischief they could, by firing their houses, or otherwise. That it was well Sir Edmund-bury Godfrey was murdered, for he was their devilish Enemy. That Coleman was a Saint in Heaven for what he hath done. And saith, that he is fearful he shall be murdered for his Confession; Father Gifford having sworn him to secrecy, told him he would be damned if he made any discovery, and should be sure to be killed; and that he should take the Oath, because he was an Housekeeper, and it was no sin. And saith, that Gifford, Flower, and Roger clinton, told him, when their Forces met about the middle of June, then have at the King. Resolved, &c. That an humble representation be made to His Majesty, of the Report made this day, touching the late Fire in Fetter-lane, by such Members of this House as are of His Majesties Privy-Council, humbly desiring His Majesty, that His Majesty will be graciously pleased to grant his Pardon of Grace and Favour to Nicholas Stubbs, and Elizabeth Oxley, for the Discovery made by them, in relation to the Fire in Fetter-lane, and elsewhere. Resolved, &c. That an humble Address be presented to His Majesty by such Members of this House as are of His Majesties Privy-Counsel, desiring His Majesty to Issue out his Royal Proclamation, requiring Gifford, Flower, alias derby, and Roger clinton, to render themselves to Justice by a short day, and that His Majesty will be farther graciously pleased to give encouragement to all persons that are not already in Custody, that shall come in and make Discovery of, and be Instrumental to apprehended any of the persons that have been the occasions of any of the late Fires in and about the City of London. A Message from the Lords by Sir Miles cook, and Sir William Beversham. Mr. Speaker, We are to acquaint you from the Lords, that William Viscount Stafford, Henry Lord Arundel of Wardour, and William Earl of Powis, have this day appeared at the Bar of the House of Lords, and have retracted their former Pieas, and have put in their Answers to the Impeacl ments exhibited against them by the Commons of England, which the Lords have sent down to this House, desiring they may be returned with all convenient speed. Resolved nemine contradicente, That this House will sit to morrow, to consider of the best ways and means to secure and preserve the Kings person, and also the Protestant Religion, against the Attempts of the Papists, both in the Reign of His Majesty and his Successors. Resolved, &c. That an humble Address be made to His Majesty, to desire his Majesty to give order for the Executing of Pickering. And also to give order to the Judges, to issue out their Warrants for Executing of the several Popish Priests they have Condemned in the several Circuits: and it is referred to Mr. Powle, Sir Tho. Lee, Col. Birch, Sir Tho. Player, Mr. Sacheverell, Mr. Colt, Mr. Hamden, Mr. Trenchard, Sir Tho. Meres, Mr. Buscawen, Sir Tho Clargis, Mr. Bennett, Mr. Swinfen, or any three of them, to prepare and draw up the same. Resolved, &c. That an humble Address be made to His Majesty by such Members of this House as are of His Majesties Privy-Council, beseeching His Majesty to issue forth his Royal Proclamation, requiring all Papists or reputed Papists, or such as have been so within six months last past, forthwith to depart from the Cities of London and Westminster, and miles off the same, and not to return again in six Months. And that His Majesty will be farther pleased to revoke all Licenses granted by His Majesty or his Privy-Counsel to the contrary. Resolved, &c. That this House will at four of the clock this afternoon, resolve itself into a Committee of the whole House, farther to proceed in the consideration of the Bill for paying off and dismissing the Army. And then the House adjourned till three of the clock in the Afternoon. Post Meridiem. The several Answers of William Viscount Stafford, William Earl of Powys, and Henry Lord Arundel of Wardour, to the Impeachments Exhibited against them by this House being red, Resolved, &c. That the said Answers, together with the Answer of the Lord Bellasis, be referred to the consideration of the Committee of Secrecy, that prepared the Impeachments against the said Lords, to examine the nature of the said Answers, and make report of the same to the House. The House then resolved into a Committee of the whole House, farther to proceed in the consideration of the Bill for paying off and dismissing the Army. Mr Speaker left the Chair. Sir John Trevor took the Chair of the Committee. Mr. Speaker resumes the Chair. Sir John Trevor reports from the said Committee, that the Committee had gone through the Bill for paying off and dismissing the Army, and have made several Amendments, and have added several clauses to the Bill; and humbly moved the House would appoint him a day to make report thereof to the House. Ordered, That Sir John Trevor do make his report the first opportunity. And then the House Adjourned till to morrow morning eight of the clock. Die Dominica 27o Aprilis, 1679. MR. Hamden reports from the Committee appointed to draw up an Address to be presented to His Majesty, to desire His Majesty to give order for the Executing of Pickering, and likewise to give order to the Judges to issue out their Warrants for the Executing of the several Popish Priests they have Condemned in the several Circuits, an Address agreed upon by the Committee; which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was twice red, and with some Amendments at the Table agreed to, and is as followeth. WE your Majesties most Humble and Loyal Subjects, the Commons in this present Parliament assembled, taking into serious consideration the great and apparent dangers which have arisen to your Majesties Person and this Kingdom, from the horrible Conspiracies of Popish Recusants, who have been incited thereunto by Priests and Jesuits daily resorting into this Kingdom, and continuing here contrary to your Majesties Laws, whereby they incour the penalty of High-Treason; as also in contempt of several Proclamations issued by your Majesty, by the advice of both Houses of Parliament, commanding them to depart out of this Kingdom. And having received certain information, that one Pickering, now a Prisoner in Newgate, who was employed by some of the Conspirators, to execute their execrable design of murdering your Royal Person, and upon his trial was found guilty thereof; As also divers Priests and Jesuits, who have been Condemned by your Majesties Judges at the Old Bayley, and in the several Circuits do remain as yet un-Executed, to the great imboldning of such offenders, in case they should escape without due punishment: We do therefore most humbly desire that your Majesty would be pleased to give order to your Majesties Judges and other Officers concerned therein, that immediate Execution may be done upon the said Offenders, to the terror of all such wicked persons, who by their daily traitorous practices do justify the prudence of our Ancestors in making such Laws, and manifest the necessity of putting them in execution. Resolved, &c. That this House will attend His Majesty with this Address. Ordered, That such Members of this House as are of His Majesties Privy-Council do attend His Majesty, and desire to know His Majesties pleasure, when this House may attend him with the Address this day agreed to. Ordered, That Mr. Draper and Colonel dean have leave to go into the country for fourteen days. The House took then into consideration, how to secure and preserve the Kings Person, and Protestant Religion, against the Attempts of the Papists, both in the Reign of His Majesty and of his Successors. Ordered. That a Bill be brought in upon the debate of the House, to Banish all Papists or reputed Papists from London and Westminster, and twenty miles of the same, for six Months, and to confine those that live about twenty miles from London, within five miles of their own Habitations, under penalties. And it is referred to Mr. Sacheverell, Sir Robert Carr, Mr. Williams, Sir Fra. Winnington, Sir Ralph Ashton, Mr. Whittacre, Sir Robert Peyton, Col. Titus, Sir Nathaniel hernia, Sir Richard Cust, Sir Fra. Drake, Mr. Hamden, Mr. Papillon, Mr. Alderman Love, Sir Tho. Meres, Sir John Trevor, Sir Thomas Player, Mr. Colt, Mr. Mogan, Mr. Mildmay, Sir Patience Ward, Mr. Buscawen, Sir Gilb. Gerrard, Mr. Garraway, Mr. Coryton, Sir Tho. Clargis, Sir John Hewley, Sir John Talbot, Col. Birch, Sir Cha. harboured, Sir Henry capel, or any three of them, to prepare and draw up the same. Resolved nemine contradicente, That the Duke of York being a Papist, and the hopes of his coming such to the Crown, has given the greatest countenance and encouragement to the present Conspiracies and designs of the Papists against the King and the Protestant Religion. Resolved, &c. That the concurrence of the Lords be desired to this Vote, and that the Lord russel do carry up the same to the Lords for their concurrence. Ordered, That the Committee of Secrecy appointed to prepare Evidence against the five Lords in the Tower, do prepare and draw up a Narrative of such matters as concern the Duke of York, relating to the present Plot, contained in such Papers and Writings as they have in their custody, and present the same to the House on Wednesday next. Resolved, &c. That the further consideration of securing and preserving the King and the Protestant Religion, against the attempts of the Papists, both in the Reign of His Majesty and his successors, be Adjourned till monday next. And then the House adjourned till to morrow- morning eight of the clock. Lunae 28o die Aprilis, 1679. ISaac Demons did take the Oaths of Allegiance and Supremacy, in order to be naturalised. Mr. Secretary Coventry acquaints the House, that His Majesty had been attended with the several Addresses made by this House on Saturday last, and His Majesty has been pleased to Command this Answer to be returned. That His Majesty hath already given order to the Atturney-General to draw up a Proclamation for removing all Papists, or reputed Papists, ten miles from the Cities of London and Westminster. And hath given order, that a List of all such Licenses as have been made, be brought in. And that he hath granted his Pardon for Nicholas Stubb, and Elizabeth Oxley, and ordered the same to be drawn up. And that His Majesty will cause his Royal Proclamation to issue out by the next Council-day, requiring Gifford, Flower, alias derby, Mulraine, and Roger Clyton, to render themselves to Justice by a short day. And His Majesty having been likewise attended to know when this House should attend His Majesty with the Address for the speedy Executing of Pickering and other Popish Priests condemned by the Judges at the Old-Bailey, and in the several Circuits, was pleased to appoint this Afternoon at three of the clock in the Banqueting-House. A Bill to enable Trustees to sell the Lands of the Coheirs of Charles Dale Esq; deceased, for payment of Debts, was red the second time. Resolved, &c. That the Bill be committed to Mr. Williams, Sir Anthony Irby, Mr. Knight, Sir Samuel Bernaerdiston, sergeant says, Sir Rich. Cust, Mr. Colt, Mr. Stockdale, Sir Tho. Exton, Sir John Hewley, Mr. Papillon, Colonel Birch, Sir Jo. win, Sir Jo. Cloberry, Sir edmond Jennings, Mr. palms, Mr. Alderman Love, Mr. pit, Sir George Strode, Sir Tho. Mackworth, Mr. Frewin, Lord Fairfax, Sir Will. Frankland, Mr. Sherard, Sir Jo. Coryton, sergeant Rigby, Mr. Barrett, Mr. Dubois, Sir John Reresby, Mr. Pilkington, Mr. Purdet, Mr. Rushworth, Mr. Wogan: and they are to meet this Afternoon at Four of the clock in the Speakers Chamber, and are to make provision in the Bill, that the Trustees shall be answerable to the Co-heirs for the trust in them reposed, and are impowred to sand for Persons, Papers, and Records. Ordered, That Sir Rob. Reeve, Mr. Thistlewaite, Sir Nich. Pedley, Mr. tailor, Sir John Holeman, and Sir Littleton Osbaldiston, have leave to go into the Country for fourteen days. Ordered, That Sir Hugh Aukland have leave to go into the Country. Ordered, That leave be given to bring in a Bill for erecting a Court of Conscience for the burrow of Southwark,& the out-Parishes within the weekly Bills of Mortality. Sir Francis Winnington reports from the Committee of Secrecy, to whom it was referred to examine and peruse the nature of the Plea of Thomas Earl of Danby to the Articles of Impeachment exhibited against him by this House, and to report how Presidents stand in relation to the Pardon, and in what manner and by what means the same was obtained. That the Committee had agreed upon a Report t● be made to the House; which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was again red, and is as followeth. 1. WE find no President that ever any Pardon was granted to any person Impeached by the Commons of High-Treason, or other high Crimes depending on the Impeachment. 2. As to the manner of the passing the Earl of Danbyes Pardon▪ it hath been formerly reported to the House, and the Committee refers themselves to that report. 3. That by what means it was obtained, the time allowed the Committee hath been so short, that we cannot as yet discover the advisers or procurers thereof any farther, than what is mentioned in the said report relating to the Lord Chancellor. Resolved, &c. That a Message be sent to the Lords to desire their Lordships to demand of the Earl of Danby, whether he will rely upon and abide by the Plea of his Pardon. And that Sir Francis Winnington do go up with the Message to the Lords. The House then took into consideration the state of the Kingdom, and how the Navy may be made useful for the defence thereof; and informations being given into the House of several Miscarriages in His Majesties Navy and Captain Roydon being called in to the Bar of the House, and having given in an Information touching his being turned out of his Command; Ordered, That a Committee be appointed to examine the matter of the complaint of Captain Roydon, as also all other the miscarriages relating to His Majesties Navy; and particularly the granting of Passes, and the inconveniences that have thereby arisen to His Majesties Subjects; and likewise the information that hath been given in touching the Ship called the Hunter, and to report the same to the House: and it is referred to Sir Francis Winnington, Sir John Trevor, Mr. harboured, Mr. Bennett, Mr. Onslow, Sir Sam. Bernardiston, Sir Jo. Hotham, Mr. Papillon, Sir Jo. Talbot, Mr. Palms, Col. Whitley, Mr. Whitacre, Sir Peter tyrell, Sir John Hewley, Mr. Mildmay, Sir Tho. Meres, Mr. Alderman Love, Mr. Pilkington, Sir Tho. Player, Sir Hen. capel, Sir John Knight, Mr. Sacheverell, Mr. Wright, Sir Robert Peyton, Sir Robert Clayton, Sir Gilbert Gerrard, Mr. Stockdale, Sir Robert Dillington, Sir Henry Thompson, Mr. brown, Sir Eliab Harvey, Sir Hugh bethel, Mr. Michael Harvey, and all the Members that serve for the City of London, and all the Members of this House that are Merchants, or any five of them; and they are to meet at Four of the clock this Afternoon in the Speakers Chamber, and are to sit de die in diem, and are impowred to sand for Persons, Papers, and Records. Ordered, That the Bag of Writings found in Mr. Langhorns Chamber, be delivered to Mr. Trenchard, in order to prepare an Abstract of the same for the Committee of Secrecy. Ordered, That Sir John Trevor do report the Bill for paying off and dismissing the Army, together with the Amendments made by the Committee of the whole House, to morrow morning at nine of the clock. Ordered, That the Committee appointed to inquire into the late fires that have lately happened in and about the City of London, do sit de die in diem. Ordered, That all Committees that are dis-continued be revived, and do sit this Afternoon in the places formerly appointed. Ordered, That the Answers of William Viscount Stafford, John Lord Bellasis, Henry Lord Arundel of Wardour, and William Earl of Powys, be returned to the House of Lords; and that Sir John Trevor do carry up the same. Ordered, That Mr. Pawlet St. John have leave to go into the country for a week. And then the House Adjourned till to morrow-morning eight of the clock. Martis 29o. die Aprilis 1679. Ordered, THat the standing Order of the House, That no new Motion be made after Twelve of the Clock, be strictly and constantly kept and observed. Resolved, That this House will Adjourn every day till Seven of the Clock next Morning. Ordered, That Sir Roger Bradshow, Sir Richard Edgcomb, and Sir John Clopton, have leave to go into the Country. Mr. Speaker Acquaints the House, That His Majesty was pleased Yesterday at the banqueting-house, to return the Answer following to the Address for Executing Pickering, and other Popish Priests condemned by the Judges at the Old-Bayley, and in the several Circuits, viz. Gentlemen, I Have always been Tender in matters of Blood, which my Subjects have no reason to take exception at, But this is a matter of great Weight, I shall therefore Consider of it, and return you an Answer. Sir John Trevor Reports, that in pursuance of the Order of the House, he had delivered to the Lords, the several Answers of William Viscount Stafford, John Lord Bellassis, William Earl of Powis, and Henry Lord Arundel of Warder; and that the Lord Chancellor demanded of him, whether the Commons were ready to join Issue; whereupon, he told his Lordship, that he had nothing in that kind, in Command from this House, but that the Committee of Secrecy would with all convenient speed prepare their Evidence, to make good the several Charges, and Impeachments exhibited by this House, against the Lords in the Tower. Sir John Trevor Reports, that the Committee of the whole House, had made several amendments, and added several clauses to the Bill, for paying of, and dismssing the Army, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same were again red. Several of the said amendments being red a second time, were upon the Question, severally agreed to. Resolved, &c. That the Consideration of the rest of the amendments, and Clauses made, and added by the Committee of the whole House, to the said Bill, be adjourned till to morrow morning the first business. And then the House Adjourned till to morrow Morning seven of the Clock. Mercij 30. die Aprilis, 1679. Ordered, THat a Committee be appointed, to bring in a Bill, for Reviving the Act of settlement, and to inspect the Laws relating to the Poor, and to bring in a Bill or Bills, upon the Debate of the House, for the better Regulating the Poor, and encouraging of Industry, and for the Punishment of Rogues and Vagabonds: And it is referred to Sir Francis Russel. Sir James Long. Sir Edward Harley. Sir Trevor Williams. Sir Thomas Clargis. Sir Christ. Musgrave. Sir Nath. hernia. Mr. cook. Alderman Backwel. Mr. Brown. Mr. Ouslow. Sir John Knight. Mr. pit. Mr. Gold. Sir Philip Egerton. Mr. Kinnaston. Mr. Starkley. Mr. harboured. Mr. Duboise. Sir John win. Mr. Williams. Mr. Folcy. sergeant says. Sir Fran. Drake. Mr. Barker. Sir John Coriton. Mr. Reynall. Sir John Hewly. Mr. Colt. Dr. Jacobb. Mr. Johnson. Mr. Courtnay. Mr. Wright. Or any five of them, and they are to meet this afternoon, at three of the Clock in the Speakers Chamber. Ordered, THat all Protections, and written certificates of of the Members of this House, be declared voided in Law, and be forthwith withdrawn, and and called in; and that none be granted for the future: and that if any shall be granted by any Member, such Member shall be liable to the censure of this House; and that the privilege of Members for their menial Servants be observed according to Law; and that if any menial servant shall be arrested, and detained contrary to privilege, he shall( upon complaint thereof made) be discharged by order from Mr. Speaker. Ordered, That this Order be Published, by setting up the same at the Lobby, Westminster-Hall Gate, at the several Courts in Westminster-Hall, at the Inns of Court,& Inns of Chancery,& at the Royal Exchange. A Petition of Robert Brent Esquire, now in Custody of the sergeant at arms, attending this House, was red, setting forth his innocency touching the suspicion he lies under, concerning Mr. Dugdale, and praying to be discharged from his Confinement. Ordered, That the Consideration of the said Petition be referred to the Committee of Secrecy, appointed to prepare Evidence against the five Lords in the Tower, to Examine the matter thereof, and report their Opinions thereupon to the House. Ordered, That a Bill be brought in for regulating the abuses in the Silver manufacture, and it is recommended to the care of Sir Charles harboured, to prepare and draw up the same. Ordered, That the matter of the miscarriages touching the Elections for the Counties of Norfolk, and Leicester, be adjourned till monday next come seven-night. The House then did further proceed in the consideration of the Bill for disbanding the Army, and the rest of the amendments being red a second time, with some a mendments made at the Table; were upon the Question severally agreed. The Clause for redeeming the Captives in Allgiers being red a second time, was upon the Question Rejected. The Clause for ascertaining the Petition of Right, being red a second time, was upon the Question agreed to. Resolved, &c. That the Bill with the Amendments and Clauses agreed to, be engrossed. A message from his Majesty, by Sir Edward Carteret, Usher of the Black-Rod. Mr. Speaker, The King Commands this Honourable House, to Attend him immediately in the House of Peers. And accordingly Mr. Speaker with the House went up to attend his Majesty; and the House being returned, Mr. Speaker Reports the Effects of his Majesties Speech as followeth. My Lords and Gentlemen, THe season of the Year advancing so fast, I thought it Necessary, to put you in mind of Three Particulars: 1. Prosecution of the plot, 2. Disbanding of the Army, 3. Providing a Fleet for our Common Security. And to show you, that whilst you are doing your parts, My thoughts have not been misemployed, but that it is my constant care to do every thing that may Preserve your Religion, and secure it for the Future in all Events. I have Commanded my Lord Chancellor to mention several Particulars, which I hope will be an Evidence, that in all things that concern the public Security, I shall not Follow your zeal, but led it. My Lords, and you the Knights, Citizens,& Burgesses of the House of Commons. THat Royal Care which his Majesty hath taken for the general quiet; and satisfaction of all his Subjects, is now more evident, by these new and fresh Instances of it which I have in Command to open to you. His Majesty hath Considered with himself, that tis not enough that your Religion and Liberty is secure during his own Reign, but he thinks he owes it to his People to do all that in Him lies, that these Blessings may be transmitted to your Posterity, and so well secured to them, that no Succession in Afterages may be able to work the least Alteration. And therefore His Majesty, who hath often said in His place, that He is ready to consent to any Laws of this Kind, so that the same extend not to alter the Descent of the Crown in the Right-Line, nor to defeat the Succession, hath now Commanded this to be further Explained. And to the end it may never be in the power of any Papist, if the Crown descend upon him, to make any Change either in Church or State; I am Commanded to tell you, That his Majesty is willing, that Provision may be made first, to distinguish a Papist, from a Protestant Successor; then so to limit, and circumscribe the Authority of a Popish Successor in these cases following, that he may be disabled to do any harm: First, In reference to the Church, His Majesty is content, that care be taken, that all Ecclesiastical and Spiritual benefice and Promotions in gifts of the Crown, may be conferred in such a manner, that we may be sure the Incumbents shall always be of the most Pious and Learned Protestants: And that no Popish Successor( while he continues so) may have any power to control such Presentments. In reference to the State, and Civil part of the Government, as it is already provided, that no Papist can Sit in either House of Parliament; So the King is pleased, that it be provided too, That there may never want a Parliament when the King shall happen to die: But that the Parliament then in Being, may continue Indissolvable for a competent time; Or, if there be no Parliament in being, then the last Parliament, which was in being before that time, may Resemble, and Sit a competent time, without any New Summons, or Elections. And as no Papist can by Law hold any place of Trust, so the King is content, that it may be further Provided, That no Lords, or other of the Privy Council, no Judges of the Common Law, or in Chancery, shall at any time during the Reign of any Popish Successor, be put in, or displaced, but by the Authority of Parliament. And that care also be taken, that none but sincere Protestants may be Justices of the Peace. In Reference to the Military part, the King is willing, That no Lord Lieutenant, or Deputy Lieutenant, nor no Officer in the Navy( during the Reign of any Popish Successor) be put out or removed, but either by Authority of Parliament, or of such persons as the Parliament shall entrust with such Authority. 'Tis hard to invent an other Restraint to be put upon a Popish Successor, considering how much the Revenue of the Successor will depend upon consent of Parliament, and how impossible it is to raise Money without such Consent. But yet, if any thing else can occur to the Wisdom of the Parliament, which may further secure Religion and Liberty against a Popish Successor, without defeating the Right of Succession itself, His Majesty will most readily Consent to it. Thus Watc●ful is the King for all your safety, and if he could think of any thing else, that you do either want, or wish to make you happy, he would make it his ●usiness to effect it for you. God Almighty Long continue this Blessed Union, between the King, and his Parliament, and People. Resolved, &c. That the Consideration of his Majesties Speech, and the Lord Chancellors Speech, be Adjourned till Monday Morning next. Ordered, &c. That a Committee be appointed to Examine, what part of the Money given for Disbanding the Army, is yet undisposed of. According to the Directions of the Act of Parliament and now remains in the Exchequer, and make Report thereof to the House; and it is Refer●ed to Sir Robert Howard. Sir Thomas Clargis. Mr. Dubois. Mr. harboured. Sir John Hotham. Sir John Cloberry. Lord Ancram. Sir Anthony Irby. Sir Thomas Player. Sir Trevor Williams. Mr. Trenchard. Sir Christ. Musgrave. Mr. Whorwood. Sir Eliab Harvey. Sir John Hewley. Sir Gilbert Gerrard. Sir Thomas Lee. Sir Richard Cust. Mr. Colt. colonel Birch. Mr. Williams. Mr. Hamden. Sir Samuel Bernardiston. colonel Titus. Sir Joseph Tredenham. Sir Henry Thompson. Mr. Slater. Mr. Storkdale. Sir Robert Dillington. Sir William Coventry. Mr. Vincent. Mr. Seymour. Mr. thin. Sir Thomas Mompesson. Sir Robert Clayton. Mr. Whitehead. Sir Hugh bethel. colonel Whitley. And they are to meet this Afternoon, at Three of the Clock in the Speakers Chamber, and are impowred to sand for Persons, Papers, and Records. And then the House Adjourned till to Morrow Morning Seven of the Clock. Jovis 1 o. die Maij, 1679. Ordered, THat the Committee of Elections and privileges, have Power to sand for all such Persons, as shall appear to them to be concerned in the Miscarriages, and undue practices, touching the Election, and return of John Tanner Esq; to serve in this present Parliament for the burrow of Tregony in the County of Cornwall. Resolved, &c. That the further consideration of securing, and preserving the King, and the Protestant Religion, against the attempts of the Papists, both in the Reign of his Majesty, and his Successors, be Adjourned till Monday next. Ordered, That the Committee appointed to inquire what part of the Money given, for Disbanding of the Army, is yet undisposed of, in pursuance of the directions of the Act of Parliament, and now remaining in the Exchequer, be revived, and do Sit this Afternoon, at Three of the Clock in the Speakers Chamber: A Bill for Naturalizing Isaac Demous, and others, was red the First time. Resolved, &c. That the Bill be red the second time. The House being Informed of several rude, and undecent Expressions, uttered by one Christopher Williams, in contempt of the Order and Proceedings of this House. Resolved, &c. That the said Christopher Williams, be sent for in Custody, of the sergeant at Arms, Attending this House, to Answer at the Bar of this House, his Breach of privilege, in uttering several Rude and undecent Expressions, in contempt of the Orders and Proceedings of this House. Sir Thomas Exton, Reports from the Committee, to whom the Consideration of the Petition of Doctor John Nelson was Referred. That the Committee had met several times, and had Examined the matter Referred to them, and was of Opinion; That the said Doctor, be discharged from his Confinement, and be put out of the Commission of the Peace. Ordered, That Doctor John Nelson, be brought to the Bar of this House, to Morrow Morning at eleven of the Clock, and that he be then discharged from the Custody of the sergeant at arms, paying his Fees. A Bill for the better Prevention of Illegal exaction of Money from the Subject, was red the second time. Resolved, &c. That the Bill be Committed to Sir Thomas Clargis. Sir John Hewley. Mr. Colt. Sir Thomas Stringer. Sir Thomas Lee. Mr. Hamden. Mr. Kelland. Mr. beak. Sir George Strode. colonel Titus. Sir Vincent Corbett. Sir Francis Drake. colonel Birch. Mr. Bascawen. sergeant Rigby. Mr. Sacheverell. Sir Joseph Tredenham. Sir John Cloberry. Sir John Kempthorne. Sir William Portman. Mr. Papillon. Sir Edw. Hungerford. Mr. Reynal. Doctor Jacobb. Sir John Hotham. Sir Hugh Cholmlcy. Sir John Knight. Mr. Wright. Lord russel. Mr. Rushworth. Sir Thomas Meres. Sir Robert Peyton. Mr. S●ymour. Mr. Tr●by. Sir Thomas Littleton. Sir Robert Dillington. Sir Robert Carr. Sir Francis Russ●ll. Sir Robert Markham. Mr. pit. Sir Walter Young. Sir William Bastard. Mr. Garraway. Sir William Coventry. Mr. Dubois. Sir Robert Clayton. Sir Christ. Musgrave. Mr. Ayliffe. sergeant says. Sir John Wyan. Sir Thomas Player. Sir Charles harboured. Sir Gilbert Gerrard. Mr. Whitehead. Sir Ralph Ashton. Mr. Alderman Love. Mr. Trenchard. Mr. Tredwney. Sir John Mallet. Mr. Austin. Sir Eliab Harvey. And all the Members of this House, that are of the Long rob, and all that come, are to have Vioces; and they are to meet to Morrow at Three of the Clock in the Afternoon, in the Speaker Chamber, and are impowred to sand for Person● Papers, and Records. Ordered, That Mr. Trelawney and Mr. Ouslow, have Leave to go into the Country. Ordered, That Sir Vere Vane have leave to go into the Country for a Week. Ordered, That Mr. Churchill have leave to go into the Country for this whole Session, in order to the Recovery of his Health. Ordered, That Sir Robert can, and Sir Gervas Elwes have leave to go into the Country for a Week. Ordered, That Sir Richard Ingoldsby, have leave to go into the Country for a Fortnight. Ordered, That Mr. cook, have leave to go into the Country for a month. Resolved, &c. That an humble Address be made to his Majesty, by such Members of this House, as are of his Majesties Privy Counsel, to desire his Majesty to Command the Lord Chancellor, to put Doctor John Nelson out of the Commission of the Peace. Ordered, That a Bill be brought in, for the greater ease of administering the Oaths required to be taken by the Act for Burying in Woollen. Ordered, That a Committee be Appointed to Inspect the Journalls, and search Presidents, for punishing Sheriffs, Mayors, bailiffs, and other Officers, for making false Returns of Members to serve in Par●… ment. And it is referred to Sir Henry capel. Sir William Poultney. Sir Thomas Player. Mr. Williams. colonel Birch. Sir Joseph Tredenham. Sir John Hotham. Lord Cavendish. Mr. Ouslow. Sir Robert Carr. Sir Francis Drake. Sir Ralph Ashton. Mr. harboured. Sir James Long. Sir William Thomas. Sir William Coventry. Mr. Whitehead. Mr. Foley. Mr. Philip Foley. Sir Trevor Williams. Mr. Vaughan. sergeant Rigby. Mr. Duboise. Mr. Colt. Sir Thomas Clargis. Sir John Trevor. Sir Robert Peyton. Sir Robert Dillington. Sir Thomas Littleton. Mr. Gerrard Russel. Mr. Ash. Sir William Bastard. And they are to meet this Afternoon at Three of the Clock in the Speakers Chamber, and are to Report the same, with their Opinions there-upon to the House. Ordered, That the Committee Appointed, to bring in a Bill for Regulating the Elections of Members, to serve in Parliament, be Revived; and do Sit this Afternoon at Three of the Clock in the Place formerly Appointed: And that Mr. Williams, and all the Members of this House that are of the Long rob, be added to the said Committee: And that the Committee do examine the matter particularly, and Report their Opinions to the House, touching the Reversing of the Judgement in the Case of Sir Samuel Bernardiston; and by whose Procurement and Solicitation▪ and by what ways and means the same was Reversed; together with the Names of the Particular Judges, that were concerned for and against the Reversing of the said judgement; and it is particularly recommended to the care of Sir Robert Carr, sergeant Maynard, and Mr. Williams. Ordered, That leave be given to bring in a Bill, that when any Member of this House is Preferred to any Office, or Place of Profit, a New Writ shall immediately Issue out, for Electing of a Member to serve in his stead; and that it be Recommended to the Care of Mr. Hamden, to prepare and draw up such a Bill, and Present the same to the House to Morrow Morning. Ordered, That all Committees that are discontinued, be revived; and do Sit this Afternoon in the Places formerly Appointed. Ordered, That Mr. speak have leave to go into the Country. And then the House Adjourned till to Morrow Morning Seven of the Clock. Veneris 2o. die Maij 1679. Ordered, THat the engrossed Bill sent down from the Lords, entitled, An Act to enable the Trustees of the manors and Lands late of Charles Lord Mohun therein name, to fell and sell Timber; and to make Leases for payment of his and his Fathers Debts, and to raise a Portion for his Daughter, be red to Morrow Morning the first Business. Ordered, That the Committee appointed to inquire into the matter of Reversing the judgement in the case of Sir Samuel Bernardiston, do sit de die in diem, till they are ready to Report the same, and be empowered to sand for Persons, Papers, and Records. Ordered, That Leave be given to bring in a Bill, That where the greater Number of Creditors of any Bankrupts are willing to come to a Composition, It shall not lie in the power of the Lesser Number of the Creditors to defeat such Composition: And it is recommended to the care of Mr. Papillon, to prepare and bring in such a Bill. Ordered, That a Committee be appointed to inquire into the Abuses and Causes of the Decay of Woollen Manufacture; and to consider how the same may be empowered, and the abuses Rectified: And to bring in a Bill or Bills upon the Debate of the House for that purpose; And to consider of Repealing Laws now in being, that are prejudicial to the said Manufacture, and report their Opinions therein to the House, and to inspect the Bill depending last Parliament for Encouraging the wearing Woollen Manufacture, and report their Opinions likewise therein to the House: And it is referred to Mr. Papillon. Sir Trevor Williams. Mr. Treby. Mr. Gold. Mr. Parker. Sir John Cloberry. Mr. Garraway. Mr. St. John. Sir Francis Drake. Sir Robert Clayton. Mr. Dubois. Mr. Whitehead. Sir Anth. Irby. Sir William Estcourt. Mr. Lewis. Doctor Jacob. Sir Ralph Ashcon. Sir Robert Markham. Mr. Henry Bulkley. Sir Henry Capel. Mr. Richard Bulkley. Sir Joseph Tredenham. Mr. Elves. Lord Ancram. Sir Henry Ford. Mr. Whitacre. Sir Francis Russel. Mr. Buscawen. Sir John Coriton. Sir John win. Sir Gilbert Gerrard. Sir Robert Peyton. Mr. Powle. Mr. Grenvil. Sir William Hickman. Mr. Ouslow. Sir James Rushout. Sir Robert Dillington. Sir William Franklin. Mr. Dalmahoy. Sir William Moor. Sir Henry Goodrick. Sir John Kersby. Sir Richard How. Mr. Ayliffe. colonel Birch. Mr. Williams. sergeant says. Mr. Freke. Sir John Mallet. Sir Robert Carr. Sir John Darrel. Mr. Thomas Bulkley. Sir John Solisbury. Sir Hugh own. Sir Thomas Lee. Sir George Downing. Sir Gervas Elwes. Mr. Wogan. Sir Phillip Egerton. Lord Morpeth. Sir William Roberts. Sir John Talbot. Sir James Long. Mr. Gresham. Sir William Poultney. Sir Humphrey Forster. Sir Fran. Winnington. Mr. Courtney. Sir Richard Corbet. And all the Merchants that are Members of this House, and all that come, are to have Voices; and they are to meet to morrow at Three of the Clock in the Afternoon, in the Speakers Chamber; and are Impowred to sand for Persons, Papers, and Records. Ordered. That Mr. Norborn having departed the service of the House without Leave, be sent for in Custody of the sergeant at arms attending this House; and that he shall not be admitted to take his place in the House, till he hath paid the sergeant his Fees and Charges. Ordered, That the House be called over this day Fortnight. Sir Rich. Cust Reports from the Committee appointed to inquire what part of the Money given for Disbanding the Army, is Undisposed of in pursuance of the directions of the Act of Parliament, and now remain in the Exchequer. That the Committee had met, and had Examined the matter to them Referred, and had agreed upon a Report, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was again red, and is as followeth. 1. The Committee, upon perusal of the Act of Parliament made 30. Caer. 2 Regis, entitled, An Act for granting a Supply to His Majesty of 619388. l. 11s. 9. d. for Disbanding the Army, and other Uses therein mentioned, do find the following Clauses, viz. pag. 14. in haec verba. And it is hereby further Enacted by the Authority aforesaid, That after Orders shall be registered for the Re-payments of the Loans on this Act, not exceeding 150000. l. with Interest as aforesaid, and the Forces actually Disbanded, that other Orders of the Lord Treasurer, to the Pay-master of the Land Forces for payment for Clothes and other Necessaries for the Forces to be Disbanded by this Act, shall he registered in Course, according to their respective Dates; and that all Orders for Repayment of Moneys Lent, shall be registered in course, according to the Date of the Tally respectively; and that all other Orders after the actual Disbanding of the Forces, shall be entred in course according to the respective dates, &c. page. 15. These Moneys not to be divertible to any other use, intent or purpose whatsoever. In this paragraph there seems to be two distinct Appointments, or different Uses and Consignments of the Moneys before mentioned, viz. 150000 l. for the Actual Disbanding of the Army; and 50000, &c. for Payment of Clothes, &c. had for the Use of the Army. page. 21. It follows in the said Act, in haec verba, Be it Enacted by the Authority aforesaid, that all Moneys herein before name, and mentioned, collected and paid by virtue of this Act( except the allowance therein made to respective Collectors, Clerks, Receivers-General, &c. and that shall be issued out of the Exchequer for the Repayment of Loans made in pursuance of this Act, upon the Credit of the said 2064621. 17s. 3 d. into the Exchequer,& Interest for the same, shall be applied,& appropriated, and are hereby appropriated, for the speedy and complete paying, and Disbanding the Forces, Officers, and Souldiers, Raised since the twenty ninth of September, 1677. and to no other Intent, Use, or purpose whatsoever. Farther page. the 27th. Be it Enacted by the Authority aforesaid, That the said Treasurer, or paymaster of the Land-Forces, shall in the first place pay off and discharge the Wages, and pay to the Officers and Souldiers at the respective time of their Disbanding; and shall within twenty days after the disbanding of any Regiment, Troop, or Company, or any number of Horse or Foot, return into the Receipt of his Majesty's Exchequer, a Certificate fairly written in Parchment, of the money he paid, and the number of men, together with the days of their Muster, whereby a due account may appear thereof; and out of the residue of the money, he shall pay and discharge what appears due for clothes, and other necessaries and charges, relating to the said Forces, &c. These Paragraphs, seem to appropriate the whole entire sum to the Disbanding of the Army first, yet with a regard to the payment for clothes, and necessaries for the Army also. Thus far the Act. The Committee then desired the Paymaster of the Land-Forces( Mr. Kingdom) to inform them what sums of money he had paid in pursuance of the said Act, and by what Orders for the Disbanding of the Army, and what was Rgistred in the Exchequer upon that account, that so they might be fully informed what was undisposed of, and remaining in the Exchequer of all the moneys given by the said Act. The said Paymaster informed the Committee, that he had disbursed the whole 200000 l. raised upon the Act, in paying off, and Disbanding the Forces, and produced the copies of two Orders, the one bearing Date the 23th. of July 1678, for 110000 l. signed Danby, J. Ernle. Examined, Howard. This Order he saith was registered. Another Order bearing Date the 21. day of August 1678. for Ninety Thousand Pounds, signed Danby, J. Ernle. Examined, Howard. This Order he saith was not registered. The Committee also heard what an Honourable Person, a member of this House, Sir Robert Howard, could inform them in this matter, who averred, That he was indeed privy unto, and had entred and registered the former Order for 110000 l. which was allowed to be Disbursed for the payment of the Army according to the Act; and believes, that in pursuance of the said Act 40000 l. more might be paid by the said pay-master, towards the Disbanding of the Forces; But affirms, that Forty, or Five and Forty Thousand Pound more is yet undisposed of, and must or ought to remain in the Exchequer, or will be there in few dayes; for that he never had, nor would, enter and register any more Orders for other Moneys, till the Army was completely and actually Disbanded, for that it could not be Justified by the Act. This is the utmost Truth, as to the matter of Fact, the Committee could find out in so short a time; and indeed, whether any of the Moneys before-mentioned, be regularly paid for Disbanding of the Land-Forces, as the Act limits, appropriates and directs( the Army being still kept on) the Committee humbly submits to the Opinion of this House. Doctor John Nelson being called in to the Bar, according to the Order of the House, and there kneeling, and having received a Reproof from Mr. Speaker, was discharged from the Custody of the sergeant at arms, paying his Fees. Ordered, That the Report touching the Election for the County of Warwick, be made to morrow morning at Ten of the Clock. A Message from the Lords, by the Lord Chief Justice North, and Sir Robert Atkins. Mr. Speaker, The Lords have Agreed to the Bill, entitled, An Act for the better Securing the Liberty of the Subject, and for prevention of Imprisonments beyond the Seas, with some Amendments: To which they desire the Concurrence of this House. A Bill for paying off, and disbanding the Army, was red the third time; and some Amendments being made at the Table. Resolved, &c. That the Bill do pass, and that the Title be, An Act for granting a Supply 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 Nine and twentieth of September, One thousand, six hundred, seventy seven. Ordered, That Sir John Trevor do carry up the Bill to the Lords, for their Concurrence. Ordered. That Sir John Kempthorne have Leave to go into the Country for Ten days, from Monday next. And then the House Adjourned till to Morrow Morning, seven of the Clock. Sabbi 3o. die Maij, 1679. THe House took into Consideration, the Amendments made by the Lords, to the Bill, entitled, An Act for the better securing the Liberty of the Subject, and for the prevention of Imprisonments beyond the Seas. The first, second, third, and fourth Amendments, being red a second time, were upon the Question severally agreed. The fifth Amendment being red a second time, was with the Addition of these words,( By any such person or persons, or any on his, her, or their, behalf) after the words( In writing) upon the Question agreed. The sixth and seventh Amendments being red a second time, were upon the Question severally agreed. The eighth and ninth Amendments being red a second time, the Question being put to agree with the Lords in those Amendments: It passed in the Negative The tenth Amendment being red a second time, and the Question agreed. The eleventh and twelfth Amendments being red a second time, and the Question being put to agree with the Lords in those Amendments: It passed in the Negative. The rest of the Amendments to the four and twentieth Line, in the ninth Press, being red a second time, were upon the Question severally agreed. The Amendments in the four and twentieth Line, in the ninth Press, being red a second time, and the Question being put to agree with the Lords in that Amendment: It passed in the Negative. The rest of the Amendments to the twentieth Line, in the tenth Press, were upon the Question severally agreed: The Amendments in the twentieth, and one and twentieth Lines, in the tenth Press, being red a second time, and the Question being put to agree with the Lords in those Amendments. It passed in the Negative. The Amendments in the five and thirtieth, and six and thirtieth Lines, in the tenth Press, being red a second time, were upon the Question severally agreed. The Clauses sent down from the Lords to be added to the Bill, being red a second time. Ordered, That the Clauses sent down from the Lords to be added to the Bill, For the better securing the Liberty of the Subject, and for prevention of Imprisonments beyond the Seas, be referred to a Committee, to consider of the same; and report their Opinions therein to the House, the first business in the Afternoon. And it is referred to Sir Francis Winnington. sergeant Maynard. Sir John Trevor. Sir Thomas Lee. Mr. Vaughan. Mr. Parthridge. Mr. Hamden. Sir Thomas Clargis. sergeant Ellis. Mr. Powle. Master of the Rolls. Sir William Poultney. And all the Gentlemen of the Long-Robe, or any Three of them. Resolved, &c. That this House will sit this Afternoon. Ordered, That Sir Thomas Player may go up to the Lords, and acquaint them, That this House doth intend to sit this Afternoon; and to desire their Lordships to do the like. Sir Thomas Player reports, That the Lords have agreed to sit this Afternoon. Ordered, That Mr. Leveson Gower have Leave to go into the Country. A Message from the Lords by Sir William Boversham, and Sir Edward Low. Mr. Speaker, The Lords have sent you a Bill, entitled, An Act for freeing the City of London, and Parts adjacent, from Popish Inhabitants; and providing against other Dangers, which may arise from Papists: To which they desire the Concurrence of this House. Sir John Trev●r reports from the Committee appointed to prepare, and draw up a Bill, for prohibiting the Importation of Cattle from Ireland, and other Parts beyond the Seas, and Fish taken by foreigners; That the Committee had met, and had prepared such a Bill; which he delivered in at the Clerks Table. Ordered, That the Bill be red on Tuesday-Morning next, the first business. And then the House Adjourned till Three of the Clock in the Afternoon. Post Meridiem. A Message from the Lords, by Mr. Justice Atkins, and Mr. Justice Jones. Mr. Speaker, The Lords have commanded us, to acquaint you, That according to the Desire of this House, their Lordships have demanded of the Earl of Danby, whether he would rely upon, and abide by, the Plea of his Pardon. And the Earl of Danby, being this Day brought to the bar of the House of Lords, made the Answer following, by Words of Mouth only. The Plea, which I have put in, was put in by the Advice of my council; and my council tells me, That my don is a good Pardon in Law; and advised me, to insist upon my Plea put in, which now I do. And I desire, that my council may be heard to make out the Validity of my Pardon. A Debate arising in the House thereupon. Resolved, &c. That the Consideration of the said Debate be Adjourned till Monday-Morning next, the first business. Sir William Poultney reports from the Committee appointed to consider of the Clauses sent down from the Lords, to be added to the Bill, For the better securing the Liberty of the Subject, and for prevention of Imprisonments beyond the Seas: That the Committee had met, and had considered of the Matter referred unto them; and were of opinion, that the Clauses do stand as part of the Bill. The said Clauses being red, were with the Addition of these Words,( Provided nevertheless, that after the Assizes are ended, any person or persons detained, may have his or her Habeas Corpus, according to the Direction and Intention of this Act) after the word( Appertain) at the end of the first Clause. Ordered, That the Members to whom the Consideration of the said Clauses was referred, do with-draw, and consider of Reasons to be delivered at a conference to be had with the Lords, Why this House have disagreed with their Lordships in several of their Amendments to the Bill, entitled, An Act for the better securing the Liberty of the Subject, and for prevention of Imprisonments beyond the Seas. Ordered, That a Message be sent to the Lords, to desire a Conference with their Lordships upon their Amendments made to the Bill, entitled, An Act for the better securing the Liberty of the Subject, and for prevention of Imprisonments beyond the Seas. And that Sir Robert Markham do go up with the said Message. Ordered, That the Report touching the Election for the County of Warwick, be made on Wednesday morning next, at Ten of the Clock. Sir Thomas Meres reports from the Members appointed to draw up Reasons, to be delivered at a Conference to be had with the Lords, why this House disagreed with their Lordships, in several of their Lordships Amendments to the Bill, entitled, An Act for the better securing the Liberty of the Subject, and for prevention of Imprisonments beyond the Seas. That they had prepared Reasons, which he red in his place,& afterward delivered the same in at the Clerks Table; where the same were again red; and upon the Question severally agreed; and are as followeth. 3o Press 9o. Line; These Words are but an Explanation, that any person or persons, or any in their behalf, may make the said Request agreeable to the fore-going Words of the Bill. 4o Press 3o. Line; The leaving out these Words, takes not away the Jurisdiction of other Courts; but the retaining of them, may give Countenance to them through a Mistake; and there can be no failer of Justice, by the Omission of them. 4o Press 11o. Line; The admitting of this Amendment, may support other kind of Commitments, than what are allowed by this Bill. 5o. Press 33o. Line; This Amendment depends upon the Reasons given in the second Amendment, disagreed to by the Commons. 5o. Press 35o. Line; The Commons think, That these are Words of too much Restriction. 9o. Press ●4 Line; The Commons conceive the Offences name in the Bill are so heinous, that they cannot agree to dimin●sh the P●●alties. 10o. Press 20o. and 2●o. Lines; Against a bare Accusation or Indictment, no Man can be safe, being against the unusual Proceedings of the Law. 10o. Press 36. Line; This Addition gives only more clearly to the Party grieved, the Remedy intended by the Bill. Sir Robert Markham reports, That the Lords have agreed to meet this House at a present Conference, in the Painted-Chamber. Ordered, That the Members that prepared the Reasons, do attend and manage the Conference. Sir Thomas Meres reports, that the Members appointed, had attended and managed the Conference; and left the Bill-Amendments and Clauses, with the Lords: and delivered the Reasons, why this House had disagreed with their Lordships, in several of their Amendments. Ordered, That all Committees which are discontinued, be Revived; and do sit on Monday next, at Three of the Clock in the Afternoon, in the places formerly appointed. And then the House Adjourned till Monday Morning, Seven of the Clock. Lunae 5o. die Maij, 1679. APetition of Peter Middledorp, Hermon Stubbs, David Folly, Declefe Folly, and Wickman Lastrop, on behalf of themselves, and several others, Hamburghers, Dantzikers, Polanders, and Lunenburghers, Owners of a Cargo of Goods, Laden on Board the Ship called, The Prosperous of London; whereof John red was Master, was red. Ordered, That the Consideration of the said Petition, be referred to a Committee, to Examine the matter of Fact, set forth in the said Petition; and report the same, with their Opinions therein, to the House: And that they make no Report, till after Ten of the Clock. And it is referred to Mr. Alderman Love. Sir Patience Ward. Sir Robert Carr. Sir Sam. Bernardiston. Sir John Holmes. Mr. Pilkington. Mr. Williams. Sir John Howley, Sir Nath. hernia. colonel Birch. Sir Richad Corbett. Sir John Knight. Mr. Wright. Mr. Papillon. Sir John Hotham. Sir Robert Dillington. Doctor Jacob. Sir Hugh Bethel. Sir John Tredenham. Mr. harboured. Sir Edmond Jennings. Sir Thomas Lee. Mr. Whorwood. Sir Charles gaudy. Sir Hugh Cholmley. Sir Robert Clayton. Sir Robert Peyton. Captain Deeds. sergeant Rigby. Mr. Powle. Sir John Coryton. Mr. Vaughan. Mr. William Coryton. Mr. Gold. And all that come, are to have Voices; and they are to meet this Afternoon, at Three of the Clock in the Speakers Chamber; and are impowred, to sand for Persons, Papers, and Records. Sir Thomas Lee Reports from the Committee of secrecy, to whom the Consideration of Mr. Brents Petition, was referred; That the Committee had considered of the Matter of the said Petition; and were of Opinion, that there was no cause, further to continue Mr. Brent in custody; but that he may have liberty to go to his House in gloucester, giving his own Security to Appear upon Summons. Resolved, &c. That the House doth agree with the Committee, That there is no cause, further to continue Mr. Brent in custody; but that he may have liberty to go to his House in Glocester-shire, and be discharged from the custody of the sergeant at Arms, paying his Fees, and giving his own security, to appear upon Summons. Ordered, That the Committee to whom the Bill, For Securing the King, and kingdom, against the Growth and Danger of Popery, be revived; and do Sit this Afternoon, at Three of the Clock in the place formerly appointed; and do Sit, de die in diem, until the Bill be reported. And the care thereof, is particularly committed to Sir William Poultney. A Bill, For the better Attendance of Members Elected, to serve in Parliament, was red the first time. Resolved, &c. That the Bill be red a second time, on Wednesday Morning next, the first business. The House then resumed the adjourned debate, touching the Earl of Danby. Resolved, Nemine Contradicente, That it is the Opinion of this House, That the Pardon pleaded by the Earl of Danby, is illegal and voided, and ought not to be allowed in bar of the Impeachment of the Commons of England. Resolved, Nemine Contradicente. That the House will go to the Lords bar, and demand their Impeachment against the Earl of Danby; for that the Pardon by him Pleaded, is illegal and invalid, and ought not to bar or preclude the Commons from having Justice upon their Impeachment. Resolved, &c. That a Committee be appointed to prepare, and draw up Reasons upon the debate of the House, Why this House is of Opinion, That the Pardon pleaded by the Earl of Danby, is illegal and voided, and ought not to be allowed in bar of the Impeachment of the Commons of England. And it is referred to Sir Thomas Littleton. Sir Fran. Winnington. Sir Robert Carr. Master of the Rolls. Mr. Powle. Mr. Sacheveril. Sir Thomas Lee. Sir William Coventry. Mr. Williams. Mr. Seymour. Mr. Vaughan. sergeant Ellis. sergeant Maynard. Mr. Hamden. Sir Thomas Meres. Or any three of them. The Lord Russel acquaints the House, That His Majesty commanded him, to let the House know, that His Majesty is willing to comply with the Request made to him by the House, concerning Pickering; and that the Law shall pass upon him accordingly. As to the Condemned Priests, the House of Peers have sent for them in order( as his Majesty Conceives) to some Examinations; and further to acquaint you, that he repeateth his Instances to you, to think of putting the Fleet in such a Posture as may quiet Mens fears, and at least secure us from any sudden Attempt; which His Majesty doubts not, but you will do: And though the streights and difficulties he lieth under, are very great, he doth not intend during this Sessions, to press for any other supply; being willing rather to suffer the burdens that are upon him, some time Longer, than to interrupt you, whilst you are employed about the Discovery of the Plot, the Trial of the Lords, and the Bill for securing our Religion. Ordered, That the Members appointed to draw up Reasons, why this House is of Opinion, that the Pardon pleaded by the Earl of Danby, is illegal and voided, do with draw, and consider of, and prepare a form of words, to be delivered at the bar of the House of Lords, touching the illegallity and invalidity of the Pardon pleaded by the Earl of Danby; and the judgement to be demanded by this House of their Lordships thereupon, against the said Earl. Mr. Hamden Reports, That the Members appointed, had Considered of the matter to them referred; and had agreed upon a form of words, to be delivered at the bar of the House of Lords, which he red in his place; and afterwards delivered the same in, at the Clerks Table, where the same was again red, and is as followeth,( viz.) My Lords, The Knights, Citizens, and Burgesses, in Parliament Assembled, are come up to demand judgement in their own Names, and the Names of all the Commons of England, against Thomas Earl of Danby, who stands impeached by them, before your Lordships, of High-Treason, and divers high Crimes and misdemeanours; to which he has pleaded a Pardon; which Pardon, the Commons conceive to be illegal and voided: And therefore, they do demand judgement of your Lordships accordingly. Ordered, That Mr. Burlace have Leave to go into the Country. Ordered, That the Consideration of his Majesty, and the Lord Chancellors Speech, made on Wednesday, to both Houses of Parliament, be Adjourned till Wednesday morning next. And that the Committee of secrecy, do then present to the House, a Narrative of such matters, as are Contained in the Papers in their Custody, relating to the Duke of York, concerning the present Plot. Ordered, That Mr. thin do go up to the Lords, to desire their Lordships, to Sit for some time. Mr. thin Reports, That the Lords have agreed to Sit for some convenient time. Mr. Speaker, with the House, then went up to the bar of the House of Lords, to demand judgement against the Earl of Danby, upon the Illegallity and Invalidity of the Plea of his Pardon; and Mr. Speaker, with the House, being returned. And then the House Adjourned till to morrow morning Seven▪ of the Clock. Martis 6o. die Maij, 1679. SIr John Hewley Reports from the Committee, to whom the Bill, for enabling Trustees to Sell the Lands of the Co-heirs of Charles Dale Esquire, was Committed; That the Committee had met, and had gone Through the Bill, and had made several Amendments; which he red in his place, and afterwards delivered the same in, at the Clerks Table, where the same was twice red; and upon the Question severally agreed. Ordered, That the Bill with the Amendments agreed, be engrossed. The House being imformed, That John wilson, and Roger Beckwith, Esquires, Justices of the Peace for the County of York, have spoken contemptuous words against the Parliament; In saying, That this Parliament is no Parliament, and they would justify it. Ordered, That the said John Wilson, and Roger Beckwith, be sent for in Custody of the sergeant at Arms, attending this House, to Answer at the bar of this House, their speaking Contemptuous words against the Parliament; in saying, That this Parliament is no Parliament, and they would justify it. Ordered, That Sir Henry Goring, having Departed the Service of the House, without Leave, be sent for into Custody of the sergeant of arms, Attending this House, and that he shall not be Admitted to take his Place in the House, until he hath paid the sergeant his Fees, and Charges. A Bill, For Prohibiting the Importation of Irish Cattle from Ireland, and other Parts beyond the Seas, and Fish taken by foreigners, was red the first time. The Question being put, that the Bill be red a second time. The House Divided. The Yeas went fourth. Tellers. Sir Francis Russel. For the Noes, 133. Sir Robert Peyton. Tellers. Sir Jos. Tredenham. For the yeas, 184. Mr. Rich. Williams And so it was resolved in the affirmative. Resolved, &c. That the Bill for prohibiting the Importation of Cattle from Ireland, and other parts beyond the Seas, and Fish taken by foreigners, be red a second time. Ordered, That Mr. Butler and Sir Robert Parker have leave to go into the Country for a week. Mr. Treby acquaints the House, that the Committee of Secrecy are ready to make the several Charges and Impeachments, Exhibited by this House against the five Lords in the Tower. A Message from the Lords by Sir Miles Cook, and Sir John Hoskins. Mr. Speaker. The Lords have passed this Bill, entitled, An Act for Granting a Supply to his Majesty, of Two Hundred, and sixty Thousand four Hundred sixty two Pounds, seventeen shillings and three pence, for Paying off, and Disbanding the Forces, raised since the Nine and twentieth of September 1677, with some Amendments: to which they desire the Concurrence of this House. Ordered, That a Message be sent to the Lords, to acquaint them, that this House is ready to make good the several Charges, and Impeachments Exhibited by this House against William Earl of Powis, William Viscount Stafford, Henry Lord Arundel of Wardour, William Lord Petre, and John Lord Bellassis. Ordered, That the Members of the Committee of Secrecy, that prepared the evidence against the five Lords in the Tower, he appointed to manage the evidence at the trials of the said Lords; and that Mr. Williams, and Sir George Strode, be added to the Committee. Resolved, &c. That an humble Address, be made to his Majesty, to desire his Majesty to remove the Duke of Lauderdal, from all Offices, employments, and Places of Trust, and from his Majesties Counsels in England and Scotland; and from his presence for ever: And it is referred to Mr. Sacheverel. Sir Francis Winnington. Mr. Pilkington. Sir Richard Grahme. Coll. Titus. Sir Thomas Lee. Sir Thomas Meres. Mr. Hamden. Sir John Trevor. Mr. Papillon. Mr. Alderman Love. Mr. Foley. Sir Gilbert Gerrard. Mr. Hopkins. Sir Thomas Clargis. Sir Thomas Littleton. Sir John Hotham. Coll. Birch. Mr. Bennet. Sir Charles Howard. Mr. Boscawen. Sir Robert Peyton. Mr. Dubois. Sir John Mallet. Or any Three of them, to prepare and draw up the same, and present it to the House to Morrow morning: And they are to inspect the Laws of Scotland, and see how far they are prejudicial to England, in Relation to the Hostile Laws; and to Examine the reasons of the Failure of the Commerce between the Two kingdoms; and they are to meet this afternoon, at four of the Clock in the Speakers Chamber, and are impowred to sand for Persons, Papers, and Records. Resolved, &c. That an Humble Address be made to his Majesty, by such Members of this House as are of his Majesties Privy Council: Humbly to desire his Majesty, that such Papers as relate to the former proceedings in Council concerning the Hunter Sloop, and the Ship Catharine, may either be delivered into the hands of the Committee, appointed by the House, to inspect into the matter, as also into the miscarriages of his Majesties Navy; or that Sir Robert Southwell, may cause Copies of the same to be forthwith Transmitted to the said Committee. Resolved, &c. That the House will to Morrow morning take into consideration, the Amendments made by the Lords, to the Bill for Paying off, and Disbanding the Army. Ad then the House Adjourned till to Morrow Morning, seven of the Clock. Mercurij 7o. die Maij, 1679. A Bill to enable Joseph crag Esquire, to Sell a certain messsage in Lincoln▪ Inn-Fields, for the Payment of Legacies charged on the same, was red the first time. Resolved, &c. That the Bill be red a second time. Ordered, That Mr. Speaker do issue forth his Warrant to the Clerk of the Crown, to make out a new Writ for Electing of a Member to serve in this present Parliament, for the burrow of Baston, in the County of Lincoln, in the Room of Mr. sergeant Ellis, now made a Judge in his Majesty's Court of Common▪ Pleas at Westminster. A Bill for the more easy Recovery of Debts against Bankrupts, was red the first time. Resolved, &c. That the Bill be red a second time. Ordered, That Mr. Evelin have Leave to go into the Country for a few Dayes. An engrossed Bill sent down from the Lords, entitled, An Act for freeing of the City of London, and parts adjacent, from Popish Inhabitants; and providing against other Dangers, which may arise from Papists, was red the first time. Resolved, &c. That the Bill be red a second time. Ordered, That Sir Philip Skippon. Mr. Trefusis. Mr. Foley. Capt. Deeds. Mr. Reynal. Mr. harboured. Mr. peak. Mr. Mildmay. Mr. Whitehead. Mr. Colt. Dr. Jacob. Sir John Darrel. Sir Richard Cust. Mr. Philip Foley. And all the Members of this House, that are of the Long rob, be added to the Committee, to whom the Bill For securing the King and Kingdom against the Growth and Danger of Popery, is committed. A Message from the Lords by Mr. Justice Arkins, and Mr. Justice Dolben. Mr. Speaker, We are commanded by the Lords, to acquaint this House with an Order yester-day made, concerning the Earl of Danby: Whereas the Earl of Danby hath adhered to his Plea of his Pardon, and prayeth to be heard by his council, to make good the Validity of his Pardon. And whereas the Commons have by their Speaker in proper Person, demanded judgement against the said Earl, as concerning his Pardon to be illegal and voided: It is ordered by the Lords, Spiritual and Temporal, in Parliament assembled, That Saturday next is appointed for hearing of the Earl of Danby to make good his said Plea. And we are further to acquaint you with a Resolve also, Yesterday passed: Resolved by the Lords, Spiritual and Temporal, in Parliament assembled, That the Five Lords in the Tower,( viz) William Earl of Powis, William Viscount Stafford, William Lord Petre, Henry Lord Arundel of Wardour, and John Lord Bellasis, shall be brought to their trials( upon the Impeachment against them) this Day-senninght. And we are likewise commanded to let this House know, That the Lords have appointed an Address to be presented to his Majesty, for naming a Lord High-Steward; as well in the Case of the Earl of Danby, as the Trials of the other Five Lords, Prisoners in the Tower; and that the same shall be in Westminster-Hall. Ordered, That the Lord Morpeth have leave to go into the Country for a Fortnight. Ordered, That Mr. Henry Goring be excused from his commitment to the sergeant at arms. Ordered, That Mr. Barker have Leave to go into the Country for a Week. Ordered, That a Committee be appointed to inspect the Journals, and search Presidents touching the methods of proceedings in relation to the Message this day sent from the House of Lords, and make Report to the House to morrow morning: And it is referred to Mr. Sacheverel. Sir Francis Winnington. Mr. Powle. Mr. Foley. colonel Birch. Sir Thomas Lee. Sir William Coventry. Mr. Rushworth. Mr. Vaughan. Sir Robert Carr. Sir Thomas Meres. Sir Thomas Littleton. Sir Eliab Harvey. Mr. Hamden. Mr. Garraway. And all the Members of this House that that are of the Long Rope. And they are to Meet this Afternoon, in the place where the Committee of Secrecy, appointed to prepare Evidence against the Earl of Danby, Meets. Resolved, &c. That this House will sit on Sunday next, to take into Consideration that part of the King's, and Lord Chancellor's Speech, which relates to the best Ways and Means of preserving the Life of his Sacred Majesty, and of securing the Protestant Religion, both in the Reign of his Majesty, and his Successors: And that the Committee of secrecy do then present to the House an Abstract of such Matter. as concerns the Duke of York, contained in the Papers and Writings in their Custody, relating to the present Plot. Resolved, &c. That this House will to Morrow, take into Consideration the Amendments made by the Lords, to the Bill, For paying off, and disbanding the Army. And then the House Adjourned till to Morrow Morning, seven of the Clock. Jovis 8o. die Maij, 1679. SIR John Trevor reports from the Committee appointed to draw up an Address to be presented to his Majesty, to remove the Duke of Lauderdale from all Offices, employments, and Places of Trust, and from his Majesty's council in England and Scotland, and from his Presence for ever; That the Committee had met, and had prepared such an Address, which he red in his place; and afterwards delivered the same in at the Clerk's Table, where the same was again red, and upon the Question agreed; and is as followeth. WE Your Majesties most Loyal and Dutiful Subjects, the Commons in this present Parliament assembled; Finding Your Majesties Kingdoms involved in eminent Dangers, and great Difficulties, by the evil designs, and pernicious Counsels of some, who have been, and are in high Places of Trust and Authority, about Your Royal Person; who, contrary to the Duty of their Places, by their arbitrary and destructive Counsels, tending to the Subversions 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 Majesties Kingdoms of England and Scotland; whereby Hostilities might have ensued, and may arise between both Nations, if not prevented. Wherefore WE, Your Majesties Loyal Subjects, could not but be sensibly affencted with trouble, to find such a Person( notwithstanding the repeated Addresses of the Last Parliament) continued in Your Counsels 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, Dissatisfactions, and Fears amongst Your good Subjects, That Your Majesty will graciously be pleased, to remove the Duke of Lauderdale from Your Majesties councils, in Your Majesties 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 Majesties Privy-Council, do desire to know of his Majesty, when this House may attend his Majesty with the Address this day agreed to. 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 sixty thousand, four hundred, sixty two Pounds, seventeen Shillings, and three Pence: for paying off, and disbanding the Forces, raised since the Nine and twentieth of September, 1677. And the first, second, third, fourth, and fifth Amendments, being twice red, 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 red a second time, and the Lord Roos having been 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 one hundred and second Skin, and sixth Line, being twice red; were upon the Question severally agreed. The Amendment in the one hundred and second Skin, and sixth Line, being red 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 red, were upon the Question severally agreed. The two Clauses to be added at the End of the Bill, being twice red: And the Question 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 Conserence to be had with the Lords, why this House have disagreed with their Lordships, in several of their Amendments to the Bill, For paying off, and disbanding the Army. And it is referred to Sir John Trevor. Sir Robert Carr. Mr. Hales. Sir Christoph. Musgrave. Coll. Birch. Sir Thomas Clargis. Sir Thomas Lee. Mr. Seymour. Mr. Boscawen. Mr. Garraway. Mr. Powle. Or any Three of them, to prepare and draw up the same. Sir Thomas Clargis reports from the Committee appointed to inspect the Journals, and search Presidents, touching the Method of Proceedings upon 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 referred to them; and had agreed upon a Report, which he red in his place: and afterwards delivered the same in at the Clerk's Table, where the same was again red; 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 trials. Ordered, That Sir Francis Winnington have leave to go into the Country, till Monday next. Ordered, That Mr. Seymour, Mr. Treby, Sir Thomas Stringer,& 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. Resolved, &c. That this House will sit this Afternoon; and that Sir William Franklin do go up to the Lords, and acquaint them there-with, and desire their Lordships will do the like. A Message from the Lords, by Sir Samuel clerk, and Sir John Hoskins. Mr. Speaker, The Lords have sent you a Bill, entitled, 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. Sir William Franklin reports, That the Lords have agreed to sit this Afternoon. 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, and the Reasons agreed upon by the Committee; which he red in his place, and afterwards delivered the same in at the Clerk's Table; where the same were red, and upon the Question agreed. The Commons conceive the Clauses 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, for 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 appointed 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. Ordered, That Mr. Sacheverel. Sir Thomas Meres. Sir William Coventry. Sir Richard Cust. Mr. Vaughan. Mr. Foley. Mr. Swinfen. Mr. Wogan. Sir Thomas Lee. Mr. Powle. Coll. Titus. Sir John Trevor. Sir Henry Capel. Sir Robert Carr. Sir William Hickman. or any Three of them, do immediately with-draw, 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. An engrossed Bill sent from the Lords, entitled, An Act to confirm certain Leases made by John Drake, and others, to enable Sir Francis Drake to make a jointure, and raise Portions for his Daughters, and Younger Children, was red the first time. Resolved, &c. That the Bill be red a second time. A Bill for the Re▪ingrossment▪ ingrossment of the Records of Fines, lost or burnt by the late Fire in the Temple, was red the first time. Resolved, &c. That the Bill be red a second time. Ordered, That it be referred to Sir Gilbert Gerrard. sergeant Rigby. Mr. Hamden. Mr. Mildmay. Mr. Puller. Coll. Birch. to take the examination of John Sedway, Touching the Plot, and report the same to the House: or the Committee of Secrecy, as they shall see cause. Ordered, That it be part of the next message to the Lords, to remind their Lordship, of the Bill, entitled An Act for the better securing of the Liberty of the Subject, and to prevent Imprisonments beyond the Seas. 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 red in his place, and afterwards delivered the same in at the Clerks Table, where the same were again red, and upon the question agreed, and are as followeth. The Commons suppose your Lordships, do intend in all your Lordships proceedings, upon the Impeachments, now depending before your Lordships, to follow the usual Course and Methods of Parliament: And the Commons cannot apprehended what should induce your Lordships to address to 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 trial of the other five Lords; because we conceive the Constituting of a High-Steward is not necessary, but that Judgement may be given in Parliament, upon Impeachment, without a High Steward: there being several other matters contained in your Lordships message, touching the trial 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 these inconveniences may be avoided. And then the House adjourned, till three of the Clock in the Afternoon. Post Miridiem. AN engrossed Bill for the Sale of Lands of Charles Dale Esq; deceased, for payment of his Debts, and Provision for his Daughters, was red the Third time. Resolved, &c. That the Bill do Pass, and that the Title be, An Act for the Sale of the Lands late of Charles Dale, in the County of Rutland Esq; deceased, for payment of his Debts,& Provision for his Daughters,& Co-heirs; And that Sir John Hewley do carry up the Bill to the Lords for their Concurrence. An Engrossed Bill sent from the Lords, entitled, 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 red 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. 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. A Bill for the better attendance, of Members Elected to serve in Parliament, was red the second time. Resolved, &c. That the Bill be Committed to Mr. Hamden. Lord Ancram. Mr. Seymour. Mr. Savage. Sir Thomas Player. Mr. Foley. Mr. Thyn. Sir Gilbert Gerrard. Sir Robert Howard. Mr. Whorwood. Sir Francis Drake. Sir William Hickman. Mr. Upton. Sir Philip Egerton. Mr. Reynal. Sir edmond Jennings. Sir John Mallet. sergeant Rigby. Coll. Whitley. Sir Robert Markham. Coll. Titus. Mr. Alderman Love. Sir Robert Peyton. Coll. Kirby. Mr. palms. Sir William Baggot. Sir William Bastard. Mr. Dubois. Sir Scroop How. Sir John Knight. Sir John Talbot. Mr. harboured. Mr. Ash. Mr. Hopkins. Sir Vincent Corbet. Sir Roger Hill. Sir John win. Mr. Papillon. Sir Henry Goodrick. Sir William Franklin. Sir William Roberts. Sir Robert Carr. And they are to meet to Morrow, at three of the Clock in the Afternoon, in the Speakers Chamber. Sir Christopher Musgrave reports, that he had attended the Lords, and that they had agreed to a present Conference in the Painted Chamber; and also, that he had reminded their Lordships of the Bill, For the 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 Coll. Birch. Mr. Hamden. Mr. Seymour. Sir William Coventry. Sir Robert Carr. Sir Christ. Musgrave. Be added to the Managers. Ordered, That Mr. Grey 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 sixty Thousand four Hundred, sixty two pounds, seventeen shillings, and three pence; for paying off, and disbanding the Forces, raised since the Nine and twentieth of September, 1677. Mr. Grey reports, that the Lords had agreed to a present conference in the Painted-Chamber. Ordered, That the Persons that draw up the Reasons, do attend and manage the said Conference. And that Sir Thomas Meres, Mr. Seymour, colonel Birch, Mr. solicitor, and colonel Titus, 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. Veneris 9o. die Maij, 1679. AN engrossed Bill sent from the Lords, entitled, An Act to confirm certain Leases made by John Drake Esq; and others; and to enable Sir Francis Drake, to make a jointure, and raise Portions for his Daughters, and Younger Children, was red the second time. Resolved, &c. The the Bill be red a third time. The said Bill was red the third time. Resolved, &c. That the Bill do pass, and that the Title be, An Act to confirm certain Leases made by John Drake Esq; and others; and to enable Sir Francis Drake, to make a jointure, and to raise Portions for his Daughters, and Younger Children. Ordered, That Sir John Hewley do carry up the said Bill to the Lords. Resolved, &c. That a Message be sent to the Lords, to put them in mind of the Message sent from this House, to desire their Lordships concurrence to the following vote,( viz.) That the Duke of York being a Papist, and the Hopes of his coming such to the Crown, has given the greatest Countenance and encouragement to the present Conspiracies, and the designs of the Papists against the King, and the Protestant Religion. Ordered, That Sir Patience Ward, do carry up the said Message to the Lords. Ordered, That Mr. Charles Bertie, be immediately sent for, to attend at the Bar of this House. A Message from the Lords, by Sir Edward Low, and Sir Miles Cook. Mr. Speaker. The Lords have Commanded us to acquaint you, that their Lordships have agreed to Leave out their Amendments, to which this House hath not agreed, to the Bill, For raising the Sum of Two Hundred, and sixty Thousand, four Hundred sixty two Pounds, seventeen shillings and three pence, for Paying off, and Disbanding the Forces, raised since the Nine and twentieth of September 1677. A Petition of Edward Palmer, Henry reason, John Seagrave, and John Edwin, Gentlemen Freeholders, in the County of Leicester, in the behalf of themselves, and the Majority of the Free-holders in the said County; Complaining of Bribers, and other undue practices, used at the Election of a Knight of the Shire, for the said County, and of the undue return of Sir John Hartop, in injury of the Petitioners, was red. Resolved, That the Consideration of the said Petition, be referred to the Committee of Elections, and privileges, to examine the matter thereof, and report the same with their Opinions therein, to the House. A Bill, For the re-ingrossment of the Records of Fines, lost or burnt by the late Fire in the temple, was red a second time. Resolved, &c. That the Bill be Committed to Sir John Knight. sergeant Rigby. Mr. Alderman Love. Mr. Sacheverel. Sir James Long. Mr. Foley. Sir John Hewley. Sir Richard Corbett. sergeant says. Mr. Grey. Sir Anthony Irby. Sir Robert Peyton. Mr. Thurburne. Sir John Mallet. Mr. Duboise. Sir Richard Cust. And all the Gentlemen of the Long rob: and they are to meet to Morrow at Three of the Clock in the Afternoon, in the Speakers Chamber. A Message from the King, by Sir Edward Corteret, Usher of the Black Rod. Mr. Speaker. The King Commands this Honourable House, immediately to attend him in the House of Peers. And accordingly Mr. Speaker with the House, went up to attend his Majesty. Mr. Secretary Coventry, acquaints the House, that his Majesty having been attended, to know his Majesties Pleasure, when this House might attend him with the Address concerning the Duke of Lauderdale; had appointed Three of the Clock this Afternoon, in the banqueting-house at White-Hall. Ordered, That a Committee be Appointed, to inspect the Journals, and search Presidents, touching the carrying up of Bills; and what previous intimation ought to be given to this House, of his Majesties Intention to pass Bills, and from, and by whom such notice hath usually been given; and whether this House may Debate, after the Message delivered by the Black Rod, for Attendance of this House upon his Majesty: And it is referred to Mr. Hamden. Sir John Trevor. Mr. Seymour. Mr. Buller Sir Anthony Irby. Mr. Dubois. Sir Joseph Tredenham. Lord Russel. Mr. Boscawen. colonel Birch. Mr. Harbourd. Mr. Wogan. Sir Henry Calverley. Mr. Sacheverel. Sir Thomas Clargis. Sir William Coventry. Sir Robert Carr. Sir Ralph Ashton. Sir Robert Peyton. Sir Robert Markham. Sir Robert Howard. Mr. Swinfen. Sir John Knight. Sir James Rushout. Mr. Colt. Mr. Foley. And they are to meet to Morrow at Three of the Clock in the Afternoon, in the Speakers Chamber. A Message from the Lords, by Sir John Coell, and Sir Samuel clerk. Mr. Speaker, The Lords desire a present Conference with this House in the Painted-Chamber, upon the Subject-Matter of the last Conference, upon some Amendments to the Bill of Habeas Corpus. The Messengers being with-drawn. Resolved, &c. That the House doth agree to meet the Lords at a present Conference in the Painted-Chamber. The Messengers being called in, Mr. Speaker acquaints them, That this House had agreed to meet the Lords at a present Conference in the Painted-Chamber. Ordered, That the Members that managed the last Conference, do attend and manage this Conference. A Message from the Lords, by Sir John Coell, and Sir Samuel clerk. Mr. Speaker, The Lords desire a present Conference in the Painted-Chamber, upon the Subject-Matter of the Conference, Yesterday had about the trials. The Messengers being with-drawn. Resolved, &c. That this House doth agree to meet the Lords at a present Conference in the Painted-Chamber. The Messengers being called in, Mr. Speaker acquaints them, That this House had agreed to meet the Lords at a present Conference in the Painted-Chamber. Ordered, That the Members that managed the last Conference, do attend and manage this Conference. Mr. Powle reports the Matter of the Conference had with the Lords, upon the Amendments to the Bill of the Habeas Corpus. Sir Thomas Meres reports from the Conference had with the Lords, upon the Subject-Matter of the Conference, Yestesterday had about the trials; That the Conference was managed by the Lord Privy-Seal; and that what he delivered, was as followeth: That the Lords do not agree to a Committee of Both Houses, because they do not think it conformable to the Rules and Orders of Proceedings of this Court; which is, and ever must be tender, in Matters relating to their Judicature. Resolved, Nemine Contradicente, That an Humble Address be made, to desire his Majesty to give Order, That the Militia of London, Westminster, Southwark, the Tower-Hamlets, and the Counties of Middlesex and Surrey, may be immediately Raised, and put in a posture of Defence. Resolved, &c. That an Humble Address be made to his Majesty, by such Members of this House, as are of his Majesties Privy-Council, to desire his Majesty, That he would be graciously pleased to give Order, that Two Companies of the Trained-Bands of Westminster, may be in Arms to Morrow morning. And then the House Adjourned till Four of the Clock this Afternoon. Post Meridiem. THe Speaker reports, That He with the House, had attended his Majesty with the Address concerning the Duke of Lauderdale; and that his Majesty was pleased to return this Answer, That He would Consider of it, and Return an Answer. A Bill for the more easy Collecting the Duty of Hearth-Money. All Committees revived, and to sit to morrow in the Afternoon, in the places formerly appointed. Mr. Hamden reports from the Committee appointed to inspect the Lords Journals, and see what Entries are there made, relating to the Trial of the Earl of Danby, and the other Five Lords impeached; and particularly, of their Proceedings upon the Conference Yesterday had, and upon what Grounds the Condemned Papists Priests are sent for: That the Committee had inspected the Journals, and had taken out Copies of their Proceedings, which he reported to the House. Resolved, &c. That no Commonner whatsoever, shall presume to maintain the Validity of the Pardon, pleaded by the Earl of Danby, without the Leave of this House first had: And that the Persons so doing, shall be accounted Betrayers of the Liberties of the Commons of England. Ordered, That this Vote be posted at Westminster-Hall-Gate, at the several Gates of the Serjeants-Inns and Inns of Court. Resolved, &c. That the Answer delivered by the Lords this Day at the last Conference, tends to the Interruptions of the Good Correspondency between the Two Houses. Ordered, That a Conference be desired with the Lords, upon the Subject-Matter of the last Conference. Ordered, That the Persons that managed the last Conference, be appointed to draw up Reasons to be offered at the said Conference. And that it be an Instruction to the said Committee, That this House cannot proceed in the trial of the Lords, until the Methods of Proceedings be adjusted. And then the House Adjourned till to morrow morning, Seven of the Clock. Sabbi 10o. die Maij, 1679. SIR Robert Peyton reports from the Committee appointed to draw up an Address to be presented to his Majesty, to give Order, That the Militia of London, Westminster, Southwark, the Tower-Hamlets, and the Counties of Middlesex and Surry, may immediately be Raised, and put in a Posture of Defence: An Address agreed upon by the Committee; which he red in his Place, and afterwards delivered the same in, at the Clerk's Table; where the same was twice red; and, with some Amendments made at the Table, agreed to: and is as followeth, viz. WE, Your Majesties most Loyal and Dutiful Subjects, and Commons in Parliament Assembled; Taking notice of the great Resort of the Multitude of Jesuits, Popish Priests, and other Popish Recusants, to the Cities of London and Westminster, and parts adjacent; and their obstinate Continuance there, in contempt of Your Majesties Laws, and Royal Proclamation in pursuance thereof; and considering the great Dangers that may ensue thereby, especially at this time of the Approaching trials of the Popish Lords, now Prisoners in the Tower; in whose Behalf some desperate Attempts may be made. For prevention whereof, and for the better securing of Your Majesties Sacred Person, Do most humbly beseech Your Majesty, that Your Majesty would be graciously pleased to give Order, That the Militia of London, Westminster, Southwark, the Tower-Hamlets, and the Counties of Middlesex and Surrey, may immediately be Raised, and put in a posture of Defence, in such proportions, and for such time, as Your Majesty shall think fit. Resolved, &c. That the Concurrence of the Lords be desired to this Address. Ordered, That Sir Robert Carr do carry up the same to the Lords, for their Concurrence. Ordered, That it be referred to the Committee appointed to inquire into the Causes of the late Fires in and about the City of London, to Examine likewise, concerning the Fire which happened last Night; and to bring in a Bill or Bills, for the prevention of the like, for the future. And that Sir Charles harboured, Mr. Colt, and Sir Samuel Bernardiston, be added to the said Committee. Ordered, That a Committee be appointed to inquire into the Abuses and Exorbitances of the Post-Office, and to bring in a Bill for Remedy thereof, upon the Debate of the House. And it is referred to Mr. Dubois. Sir Henry Thompson. Mr. Williams. Sir Nathaniel Hern. Coll. Whitley, Sir Francis Russel. Mr. Pilkington. Sir Henry Calverley. Sir Sam. Bernardiston. sergeant Rigby. Mr. Gold. Mr. Whitehead. Sir Philip Egerton. Sir John Knight. Mr. Papillon. Mr. Foley. Sir Thomas Malleverer. Sir John Hotham. Mr. Paston. Sir Patience Ward. Mr. Wright. Sir Thomas Stringer. Sir Richard Corbet. Lord Ancram. Alderman Backwel. Lord Allington. Sir Robert Southwel Coll. Titus. Sir Will. Godolphin. Mr. Dalmahoy. Mr. thin. Sir John Lowther. Sir John Talbot. Mr. Vernon. Mr. Greenvill. Mr. foot. Sir Henry Ford. Sir Stephen Fox. Sir Halswell tint. Sir Henry Puckering. Sir Thomas Armstrong. Mr. neal. Sir Henry Goodrick. Mr. Pulkley. Sir Hugh bethel. And all the Members that serve for the Post-Towns, and the City of London. And they are to meet on Monday next, at Two of the Clock in the Afternoon, in the Speakers Chamber; and are impowred to sand for Persons, Papers, and Records. Sir Robert Carr reports, That he had attended the Lords with the Address for Raising the Militia; and that their Lordships had filled up the Blank with the Words( The Lords Spiritual and Tempoporal) and unanimously agreed to the Address. Resolved, &c. That a Message be sent to the Lords, to desire a present Conference upon the Subject-matter of the last Conference. Ordered, That colonel Titus do go up with the Message. colonel Titus Reports, that the Lords had agreed to meet this House at a present Conference, in the Painted Chamber. Mr. Hamden Reports from the Committee appointed to draw up Reasons, to be offered at a Conference to be had with the Lords, upon the Subject matter of the last Conference; Reasons agreed upon by the Committee: which he red in his place, and afterwards delivered the same in▪ at the Clerks Table: where the same were Twice red, and upon the Question agreed; and are as followeth, Viz. The Commons have desired this Conference with your Lordships, upon the Subject matter of the last Conference desired by your Lordships; which was upon the matter of the Conference desired by the Commons, about the trials. This last Conference, was thus reported to the Commons: The Lords do not agree to a Committee of both Houses, because they do not think it Conformable to the Rules and Orders of proceedings of this Court; which is, and ever must be tender, in matters relating to their Judicature. They Hope this Conference may tend to prevent all interruptions, of a good Correspondence between the two Houses; which as the Commons desire at all times on their parts to preserve, so it is especially necessary in this Conjuncture, when the most heinous Delinquents are to be brought to justice; that the Enemies both of King and kingdom, may have no Hopes left them, to see this Obstructed by any difficulties, arising in the way of proceeding. And therefore, for answer to the last Conference, the Commons have Commanded us to say to your Lordships: That your Lordships do not offer any answer, or Satisfaction to the Commons, in their necessary proposals, amicably offered by way of Supposition, that they might have been confirmed therein by answer from your Lordships. That your Lordships do intend in all the proceedings, upon the Impeachments now depending before your Lordships, to follow the usual course and Method of Parliament. And further, that your Lordships have not given the least answer or Satisfaction to the Commons, concerning your Lordships addressing to the King, for a Lord High Steward, though the Commons proposed their desire of Satisfaction in that matter, in as Cautious terms as could be, on purpose to avoid all disputes about Judicature. The Commons, to avoid all interruptions and delays in the proceedings against the Lords impeached, and the Inconveniencies that may arise thereby, having proposed to your Lordships, that a Committee of both Houses might be Nominated, to consider of the most proper Ways and Methods of proceedings upon Impeachments. Your Lordships, without any reason Assigned,( save only that you say, You do not think it conformable to the Rules and Orders of proceedings of this Court) have refused to agree with the House of Commons, in appointing such a Committee; though not heretofore denied to the Commons, when asked upon the like occasion; and at this time desired, purposely to avoid disputes and delays: And therefore, the House of Commons, have commanded us to acquaint your Lordships, that things standing thus upon your answer, they cannot proceed in the trials of the Lords, before the Methods of Proceedings be adjusted between the two Houses. Ordered, That the Members, that draw up the reasons, do attend and manage the Conference. A message from the Lords by Sir John Coell, and Sir Timothy Baldwin. Mr. Speaker. The Lords desire a present Conference with this House, in the Painted Chamber, to Communicate to this House, the contents of a Petition their Lordships received this day, from the Earl of Danby. The Messengers being with drawn. Resolved, &c. That this House doth agree to meet thee Lords, at a present Conference in the Painted Chamber. The Messengers being called in, Mr. Speaker acquaints them, that this House had agreed to meet the Lords, at a present Conference in the Painted Chamber. Ordered, That the Members, that were appointed to manage the former Conference, do attend and manage this Conference. Sir John Trevor Reports from the Conference, that the Conference was managed by the Lord Privy Seal; and that he acquainted them, that the Lords had received a Petition from the Earl of Danby, who was ordered by their Lordships, to attend them this day; which his Lordship red: whereby the Earl of Danby sets forth, that he, according to their Lordships order, Expected to attend this day, but received Information severally from his Council, that they durst not appear to argue the validity of his Pardon, by reason of a Vote of the House of Commons; and that their Lordships desired to know, whether there was any such Vote, as was alleged in the petition. Ordered, That a Committee be appointed, to inspect the Journals, and search Presidents, concerning Questions asked at Conferences: And it is referred to Sir Thomas Meres. Sir Thomas Lee. Mr. Sacheverel. Lord Russel. Mr. Seymour. Sir Thomas Littleton. Mr. Vaughan. Sir Francis Drake. Sir John Hewley. Or any Three of them. Mr. Charles Bertie being called in, and Examined to several Questions; and being with-drawn: Resolved, &c. That this House is not satisfied with the Answers given by Mr. Bertie. Sir Robert Howard informs the House, That there has been paid to Mr. Bertie, for secret Service, from Lady-Day, 1676. to the twentieth of March, 1679. the Sum of Two hundred, fifty two thousand, four hundred, sixty seven Pounds, one Shilling, and nine Pence. Ordered, That Mr. Charles Bertie be committed to the Custody of the sergeant at Arms, attending this House, for his Contempt to this House. Ordered, That Mr. Deering have Leave to go into the Country. Ordered, That all the Members of this House, that are of the Long-Robe, do prepare themselves with Reasons, against the Pardon pleaded by the Earl of Danby. Ordered, That the Officers of the Ordnances, do attend on Monday morning next, to give this House an Account touching the Train of Artillery, and Munition, that are ordered to be Shipped for Portsmouth. And then the House Adjourned till to Morrow Morning, Seven of the Clock. Die Dominica 11o. die Maij, 1679. A Message from the Lords by Sir Edward Low, and Sir Samuel clerk. Mr. Speaker, The Lords desire a present free Conference with this House, in the Painted-Chamber, upon the Subject-Matter of the Last Conference, relating to the Forms and Methods of Proceedings, about the trial of the Lords in the Tower. The Messengers being with-drawn. Resolved, &c. That this House doth agree to meet the Lords, at a present Conference in the Painted-Chamber. The Messengers being called in, Mr. Speaker acquaints the House, That this House had agreed to meet the Lords at a presesent free Conference in the Painted-Chamber. Ordered, That the Members that managed the last Conference concerning the trials, do attend and manage this free Conference: And that Mr. sergeant Maynard, and Sir Robert Howard, be added to the said Managers. Sir Thomas Meres reports the Matter of the free Conference. Resolved, &c. That a free Conference be desired with the Lords, upon the Subject matter of the last free Conference. And that Mr. thin do go up with the Message to the Lords. Resolved, That the Managers do, at the said Conference, insist upon the appointing of a Committee of Both Houses; as the better Expedient for adjusting Matters, than free Conferences. Mr. thin reports, That the Lords had agreed to meet this House, at a present free Conference, in the Painted-Chamber. Ordered, That the Members that managed the last free Conference, do attend and manage this free Conference. Sir William Coventry reports the Matter of the free Conference. A Message from the Lords by Sir Edward Low, and Sir Samuel clerk Mr Speaker. The Lords have commanded us to acquaint you, That they had appointed a Committee, consisting of Twelve Lords, to join with a Committee of the House of Commons, at Nine of the Clock to Morrow morning, in the Inner-Court of Wards; to consider of Propositions and Circumstances, in reference to the trials of the Lords in the Tower. The Messengers being with-drawn. Resolved, &c. That a Committee be appointed to join with the Committee of the Lords, at Nine of the Clock to Morrow-morning▪ in the Inner-Court of Wards; to consider of Propositions, and Circumstances, relating to the trials of the Lords in the Tower; of the Members following: Mr. Trenchard. Sir Thomas Meres. Mr. Sacheverel. Sir Henry Capel. Sir Francis Winnington. Mr. Vaughan▪ Coll. Titus. Sir Thomas Stringer. Sir Thomas Lee. Mr. Powle. Mr. Treby. Sir John Trevor. Sir George Strode. Sir Robert Carr. Mr. Paul Foley. Mr. Hamden. sergeant Maynard. Mr. Seymour. Sir Thomas Player. Mr. Williams. Sir William Coventry. Sir Thomas Clargis. Sir Thomas Littleton. Coll. Birch. The Messengers being called in, Mr. Speaker acquaints them, That this House had appointed a Committee, to join with a Committee of Lords, at Nine of the Clock to Morrow-morning, in the Inner-Court of Wards; to consider of Propositions, and Circumstances, in reference to the trials of the Lords in the Tower. The House then proceeded to take into Consideration, the Business appointed for the Day. Mr. Treby acquaints the House with several Particulars, relating to the Duke of York; contained in the Letters and Papers, in the Custody of the Committee of Secrecy, relating to the Plot. Resolved, &c. That a Bill be brought in, to disable the Duke of York, to Inherit the Imperial Crown of this Realm. And it is referred to Mr. Bennet. Mr. Trenchard. Sir Nicholas Carrew. Sir Robert Peyton. Sir Thomas Player. Coll. Birch. Mr. Sacheverel. Mr. Vaughan. Sir Francis Winnington. Mr. Boscawen. Mr. Williams. Mr. Hamden. Mr. Swinfen. Or any Three of them, to prepare and draw up the same: And they are to meet to Morrow, at Three of the Clock in the Afternoon, in the Speaker's Chamber. Resolved, Nemine Contradicente. That in Defence of the King's Person, and the Protestant Religion, this House doth declare, That they will stand by his Majesty with their Lives and Fortunes; and that if his Majesty should come by any Violent Death,( which God forbid!) that they will Revenge it to the utmost, upon the Papists. Ordered, That this Vote be drawn into the Form of an Address, to be presented to his Majesty. And it is referred to Sir Thomas Meres. Mr. Vaughan. Mr. Hamden. Sir John Hotham. Sir Robert Peyton. Coll. Birch. Sir Francis russel. Sir Robert Markham. Sir Thomas Player. Or any Three of them, to prepare and draw up the same. Ordered, That the Committee appointed to join with the Committee of the Lords, to consider of Propositions and Circumstances, relating to the Trials of the Lords in the Tower, do meet to Morrow-morning, at Seven of the Clock, in the Speaker's Chamber. And then the House Adjourned till to Morrow Morning, seven of the Clock. Lunae 12o. die Maij, 1679. DAniel Jerman did this Day take the Oaths of Allegiance and Supremacy, at the Clerks Table, in order to his naturalisation. The House being informed, That John Joy, Esq; High-Sheriff of the County of Norfolk, refuseth to make a Return of the Writ for the Electing of two Knights of the Shire, to serve in this present Parliament, for the said County. Ordered, That the said John Jay be sent for, in Custody of the sergeant at Arms, attending this House, for not returning the Writ for Electing of Knights of the Shire, to serve in this present Parliament, for the said County. A Petition of Mr. Edward Dackombe, Mayor of Corfe-Castle, in Custody of the sergeant at Arms,( acknowledging his Fault, and humbly begging Pardon of the House; and praying that he may be discharged from his Confinement) was red: And the Mayor being called into the Bar of the House, and there Kneeling, and having received a Reproof from Mr. Speaker. Ordered, That Mr. Edward Dackombe be discharged from the Custody of the sergeant at Arms, paying his Fees. Ordered, That Mr. Morley, and Mr. Lutterel, have Leave to go into the Country. Ordered, That Sir William Thomas have Leave to go into the Country, for Fourteen Days. Ordered, That the Bill, For prohibiting the Importation of Cattle from Ireland, and other parts beyond the Seas, and Fish taken by foreigners, be red to Morrow-morning, at Ten of the Clock. A Message from the Lords, by Sir Samuel clerk, and Sir Miles Cook. Mr Speaker, The Lords have commanded us, to put you in mind of Three Bills: The Bill, For better Discovery, and more speedy Conviction, of Popish Recusants. The Bill, For freeing the City of London, and parts adjacent, from Popish Inhabitants. The Bill, For the better securing the Liberty of the Subject, and preventing Imprisonments beyond the Seas. And that this House would make dispatch of the said Bills, in some reasonable time. Ordered, That a Committee be appointed, to Examine the Accounts this Day delivered to this House, of the Train of Artillery, now shipping off for Portsmouth; and to Examine, what Arms have been lately delivered out of the Tower; and what guns, mortar▪ pieces, Powder, or other Munition, have been sold, or sent over into France and Flanders, or any other foreign Parts: And to inquire of the State, of all the Garrisons in England; and how they are Fortified, and provided: And how the Money, by a late Act designed to the Office of the Ordnance, hath been employed: As also, the Money allowed for particular Garrisons, and Fortifications. And it is referred to Sir William Hickman. Sir William Bastard. Sir John Hobart. Sir Gilbert Gerrard. Mr. Hamden. Sir John Norton. Sir Thomas Meres. Mr. Pilkington. Mr. Alderman Love. Mr. Upton Sir Gervas Elwes. Lord Allington. Lord Ancram. Mr. ston. Sir Robert Markham. Sir Edward nevil. Sir Richard Grahme. Sir Herbert Crofts. Sir Joseph Tredenham. Coll. Whitley. Sir Thomas Clargis. Mr. Trenchard. Sir John Knight. Sir John Talbot. Mr. Powle. Mr. Hopkins. Sir John Cloberry. Sir Walter Young. Mr. Bennet. Mr. Whorwood. Mr. Boscawen. Sir Patience Ward. Sir Robert Peyton. Sir Nathaniel hernia. Mr. Papillon. Mr. Wright. Sir Samuel Bernardiston. Mr. Trefusis. Sir Edward Harley. Sir Francis Drake. Mr. Reynall. Coll. Birch. Mr. Savage. Sir Thomas Player. Mr. thin. Sir Edward Deering. Sir William Coventry. Lord Huntingtower. Mr. freak. Mr. brown. Mr. harboured. Sir John Hewley. Mr. Garraway. Mr. Colt Sir John Duke. Mr. Dean. Sir Robert Carr. Sir Thomas Lee. Mr. thin. Mr. Edward Deering. Sir John Coventry. Sir Thomas Stringer. sergeant Rigby. Sir William Portman. And all the Members, that serve for the Port-Towns. And they are to meet this Afternoon, at Three of the Clock, in the Speaker's Chamber: And to sit( De die in Diem) until they have perfected their Report. And they are empowered to sand for Persons, Papers, and Records. And then the House Adjourned till to Morrow Morning, seven of the Clock. Martis 13o. die Maij, 1679. A Bill, For the more easy Collecting the Duty of Hearth-Money, was red the second time. Resolved, &c. That the Bill be committed to Mr. palms. Sir John Knight. Sir Hugh Bethel. Sir Robert Peyton. Sir John Hotham. Sir Henry Calverley. Sir Robert Markham. Mr▪ thin. Sir William Bastard. Mr. Hilliard. Mr. White. Mr. Pilkington. Sir Richard Head. Sir Nyell Nyvyan. Sir James Long. Mr. Wright. Mr. Folcy. Sir Gervas Elwes. Sir Samuel Bernardiston. Sir John Hewley. Sir Henry Thompson. Sir Thomas Clargis. Lord Fairfax. Sir Francis Drake. Mr. Kelland. Sir Robert Carr. Sir William franklin. Sir James Oxinden. Mr. Paston. Mr. Trenchard. And all that come, are to have Voices. And they are to meet to Morrow in the Afternoon, at Three of the Clock, in the Speaker's Chamber. Sir Robert Markham reports from the Committee appointed to draw up an Address to be pre●ented to his Majesty, relating to the Vote of this House, passed on Sunday last: That in Defence of the King's Person, and the Protestant Religion, this House doth declare, That they will stand by his Majesty with their Lives and Fortunes; and that if his Majesty shall come to any Violent Death,( which God forbid!) that they will Revenge it to the utmost upon the Papists. An Address agreed upon by the Committee; which he red in his place, and afterwards delivered the same in, at the Clerk's Table; where the same was twice red. A Motion being made, that the Address be recommitted. Ordered, That the Address be recommitted to the former Committee. And that Mr. thin. Mr. Hardbord. Mr. Boscawen. Mr. White. Mr. Whorwood. Mr. Powle. Sir Francis Drake. Mr. Trenchard. Mr. beak. Sir Richard Cust. Mr. pit. Mr. Alderman Love. Be added to the said Committee. And they are to meet this Afternoon, at Three of the Clock▪ in the Speaker's Chamber; and to Report the same to the House, to Morrow morning, the first Business. A Petition of Samuel Lemot, and divers other Merchants; complaining, that in the Year 1674, the Ship Katherine( which was Freighted by the Merchants) was taken by one Swan, a Commander of the Ship Hunter, and endeavoured to be made prise; and praying Relief therein. Ordered, That the said Petition, and Case thereupon, be referred to the Consideration of the Committee, to whom the miscarriages, relating to the Ship Hunter, and the Katherine, stands referred to examine the matter, and Report the same to the House: And the said Committee, are impowred to sand for, and hear the said Merchants, and all other Persons concerned. Ordered, That the Report of the Bill, For Exporting of Leather, be made to Morrow morning▪ A Bill, For continuance of the Act, for Prohibiting Importation of Irish Cattle, was red the second time. The Question being put, that the Bill be Committed. The House Divided. The Yeas go forth. Tellers. Mr. Booth. For the Yeas, 183. Mr. Revisson Gower. Tellers. Sir Robert Peyton. For the Noes, 151. Sir Gervas Elwes. And so it was Resolved in the Affirmative. Resolved, &c. That the Bill be Committed to Mr. Vaughan. Sir Francis Drake. Sir John Knight. Mr. palms. Mr. Swinfen. Mr. Williams. Sir Gilbert Gerrard. Mr. Vernon. Sir Francis Russel. Sir Thomas Lee. Sir Richard Corbett. Sir Thomas Middleton. Lord Scudamore. Mr. Leveson Gower. Mr. freak. Sir William Frankland. Sir Henry Calverley. Sir William Portman. Mr. Morgan. Sir William Farmer. Mr. thin. Sir John Cloberry. Mr. Trenchard. Sir Eliab Harvey. Sir John Hewley. Mr. Whitehead. Sir Hugh own. Mr. Wogan. Mr. Pilkinton. Sir Robert Carr. Mr. Seymour. colonel Titus. Mr. Stockdale. Sir William Coventry. sergeant Rigby. Sir John Hotham. Sir Philip Egerton. Sir John win. Sir Watkinson Payler. Sir Hugh Bethel. Lord Fairfax. Sir Edward Nevil. Sir Edward Horley. Mr. Alderman Love. Mr. Booth. Sir Robert Dillington. Mr. Colt. Mr. Papillon. Sir Walter St. John. Mr. Bockland. Sir Henry Thompson. Sir Edward Jennings. Lord Bulkley. Mr. Jefferies. Mr. Paston. Sir Richard Grahme. The Question being put, that all that came to this Committee, shall have Voices. The House Divided. The Yeas go forth. Tellers. Sir John guys. For the Yeas, 149. Mr. Goodwin. Tellers. Sir Rich. Corbet. For the Noes, 172. Mr. Colt. And so it passed in the Negative. Ordered, That no more Members be added to this Committee. And they are to meet at Three of the Clock this Afternoon in the Speakers Chamber. And then the House Adjourned till Seven of the Clock to Morrow Morning. Mercurij 14o. die Maij, 1679. MR. sergeant says Reports from the Committee, to whom the Bill, For Re-ingrossment of the Fines lost or burnt, by the Late Fire in the Temple, was Committed. Several Amendments made to the Bill, which he red in his Place, and afterwards delivered the same in at the Clerks Table, where the same was twice red, and upon the Question severally agreed. Resolved, &c. That the Bill with the Amendments agreed to, be engrossed. Sir Robert Markham Reports from the Committee, to whom it was referred, to draw up an Address to his Majesty, pursuant to the Vote of this House, of the Eleventh Instant, whereby it was resolved, That in defence of his Majesties Person, and the Protestant Religion; this House doth declare, that they will stand by his Majesty with their Lives and Fortunes: And that if his Majesty shall come to any violent Death( which God forbid) they will revenge it to the utmost upon the Papists: An Address agreed upon by the Committee, which he red in his Place, and afterwards delivered the same in at the Clerks Table; where the same was twice red, and with some Amendments, made at the Table, upon the Question agreed to; and is as followeth. Most Dread sovereign! WE your Majesties most Dutiful and Loyal Subjects, the Commons in this present Parliament Assembled, do with all humble Gratitude, aclowledge the most gracious Assurances, your Majesty hath been pleased t● give us, of your constant Care to do every thing, that may preserve the Protestant Religion, of your firm Resolution, to defend the same to the utmost, and your Royal endeavours, that the Security of that Blessing may be Transmitted to Posterity; and we do humbly represent to your Majesty, that being deeply sensible, that the greatest hopes of success against our Religion in the Enemi●s thereof; the Papists are founded in the Execrable designs, which they have laid against the Sacred Person and Life of your Majesty; which it is not only our Duty, but our Interest, with the greatest Hazards to Preserve and Defend. We have applied ourselves to the making such Provision by Law, as may defeat these Popish Adversaries, their abettors and Adherents of their hopes of gaining an advantage, by any violent attempts against your Majesty, and may utterly frustrate their Expectation of Subverting the Protestant Religion thereby, in time to come. And further, to obviate by the best means we can, all wicked practices against your Majesty, while any such Laws are in preparation, and bringing to perfection. It is our Resolution, and We do declare, That in Defence of your Majesties Person, and the Protestant Religion, we will stand by your Majesty with our Lives and Fortunes; and shall be ready to Revenge upon the Papists, any violence offered by them to your Sacred Majesty; in which we hope, your Majesty will graciously please to be the more assured, as we ourselves are the more encouraged, in that the Hearts of all your Majesties Protestant Subjects, with the most sincere Affection and Zeal, join with us herein. Mr. Powle Delivered a Message from his Majesty, as followeth. Charles Rex, Though his Majesty hath already, at the first meeting in Parliament, and since, by a word or two, mentioned the necessity of having a Fleet at Sea this Summer; yet the Season for preparing it, being far Advanced, and our Neighbours before us in their preparations: He cannot hold himself discharged towards his People, if he do not now with more earnestness, again recommend the same to your present Care and Consideration; and the rather from the daily Expectation of the return of his Fleet from the Streights, to which a great Arrear is due; and hereby he must acquit himself of the evil Consequences, which the want of a Fleet in such a Juncture may produce; and he hath not done this without considering, that the entering on the work presently, can be no hindrance to the other great Affairs upon your Hands, but rather a security in the dispatch thereof. A debate arising thereupon. Resolved, &c. That the further consideration of the said message, be adjourned till Monday seven-night next. Ordered, That Sir Richard Cust, have leave to go into the Country for some few days. And then the House Adjourned till to Morrow Morning, seven of the Clock. Jovis 15o. die Maij, 1679. Odered, THat the miscarriages of the Elections for the Counties of Norfolk, and Leicester be heard on Tuesday next. An engrossed Bill, For reingrossement of the Records of Fines burnt in the Fire of the Temple, was red the third time. Resolved, &c. That the Bill do pass, and that the Title be, An Act for reingrossing of the Records of Fines burnt or lost in the late Fire in the Temple, and that Mr. sergeant says, do carry up the same to the Lords, for their Concurrence. Ordered, That the Amendments, made by the Lords to the Bill of Habeas Corpus, be taken into consideration to Morrow morning, at Ten of the Clock. Sir Thomas Meres, Reports from the Committee of Elections and privileges, That the Committee had taken into consideration, the matter Touching the Election for the burrow of Alburrough, in the County of York, and that it appeared to the Committee, that Sir John Reresby, had about Nineteen of the Inhabitants paying Scot and Lot, and Sir Godfrey Copley, had about four and Twenty of the Inhabitants paying Scot and Lot; and that thereupon the Committee had agreed upon their Resolves, to be reported to the House, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same were again red, and are as followeth. Resolved, &c. That all the Inhabitants of the burrow, of Alborough in the County of York, paying Scot and Lot, have only right to Vote in Electing Members of Parliament, for the said burrow. Resolved, &c. That Sir John Reresby, is not duly Elected to serve in this present Parliament, for the burrow of Alborough in the County of York. Resolved, &c. That Sir Godfrey Copley, is duly Elected to serve in this present Parliament, for the burrow of Alborough in the County of York. Resolved, &c. That this House doth agree with the Committee: That all the Inhabitants of the burrow of Alborough in the County of York, paying Scot and Lot, have only right to Vote in Electing Members of Parliament, for the said burrow. Resolved, &c. That the House doth agree with the Committee, That Sir John Reresby is not duly Elected to serve in this present Parliament, for the burrow of Alborough in the County of York. Resolved, &c. That this House doth agree with the Committee, that Sir Godfrey Copley is duly Elected, to serve in this present Parliament, for the burrow of Alborough, in the County of York. Ordered, That the Clerk of the Crown do attend to Morrow morning, to take off the Indenture of Sir John Reresby, and affix the Indenture of Sir Godfrey Copley, to the return for the burrow of Alborough, in the County of York. A Bill, For the ease and relief of the poor Inhabitants of South-wark, and the subburb parishes of Middlesex, in the recovery of small debts, was red the first time. Resolved, &c. That the Bill be red a second time. Ordered, That the report of the Bill, For continuance of the Act, for prohibiting the Importation of Cattle from Ireland, and other parts beyond the Seas, be made on Saturday Morning next. Sir John Trevor reports from the Committee appointed to join the Committee of Lords, to consider of Propositions and Circumstances relating to the trial of the Lords in the Tower. That the Committee had made two propositions to the Committee of Lords. First, That they did desire to see the Commission of the Lord High Steward, and the Commissions to former Lords High Stewards. Secondly, That they did desire to know, what resolutions had been taken about the Lords Spiritual, being present or absent at the trials of the Lords impeached. To the first proposition, the Lords of the Committee produced Copies of the Commissions to the Lords Steward, for the several trials of the Lord Morley, and the Lord Cornwallis; but those trials were out of Parliament, they produced the Copy of the Commission, for the trial of the Earl of Pembroke for murder; which trial was before the Peers in Parliament: and so differed from the two former Commissions. The Lords did further produce a Copy of the Commission, passed under the great Seal for the trial of Thomas Earl of Danby, and also a form of the Commission for the trials of the other Five Lords impeached; and did Communicate to the Committee, a resolution of the Lords House, in haec verba. Die Lunae, 12o Maij, 1679. IT is declared and ordered, by the Lords Spiritual, and Temporal in Parliament assembled: That the Office of a High Steward, upon trials of Peers upon Impeachments, is not necessary to the House of Peers; but that the Lords may proceed upon such trials, if a High Steward be not appointed: according to their humble desire, their Lordships further declare to the Committee, that a Lord High Steward, was made hac 'vice, only. That notwithstanding, the making of a Lord High Steward, the Court remained the same, and was not thereby altered, but still remained the Court of the Peers in Parliament; that a Lord High Steward, was but as a Speaker or chairman, for the more orderly proceedings at the trials. The Copy of the Commission, for a Lord High Steward, for the trial of the Earl of Danby being red: The Committee of this House took Exception to these words, in the Commission,( viz.) Ac pro eo quod Officium Senelli Angliae, cujus presentia in hac parte requiritur ut Accepimus jam vacat. And desired that they might be left out, as implying that the Constituting of a Lor High Steward was necessary, and thereupon proposed these words to be inserted in their stead. Ac pro eo quod Proceres& Magnates in Parliamento nostro Assemblat' nobis Humiliter Supplicaverunt, ut senellum Angliae hac 'vice Constituere dignaremus. To which Am●ndments, the Lords of the Committee did agree: and it was further agreed by the said Committee of the Lords and Commons, that the Commission under the Seal, for the Constituting a Lord High Steward for the trial of the Earl of Danby, should be recalled, and a new Commission according to the said Amendments to be Issued, and to bear date after the said Resolution; and that the like, Mutandis should be issued for trial of the other Lords Impeached. As to the second Proposition, the Committee of the Lords communicated to the Committee of this House, the Resolution of the House of Peers, in haec verba. Die Martis 13o. Maij, 1679. REsolved by the Lords Spiritual and Temporal in Parliament Assembled; that the Lords Spiritual, have a right to stay in Court in Capital Cases, till such time as Judgement of Death comes to be pronounced. 15o Maij, 1679. THe Lords Explained themselves, that the meaning of their Resolution passed Yesterday, concerning the Lords Spiritual is, That the Lords Spiritual have a right to stay, and sit in Court till the Court proceed, to the vote of Guilty or Not Guilty. The second proposition, being a matter of great weight and consideration, the Committee of the Commons, had commanded him to report it to the House, in order to receive their directions, for their further proceedings. Resolved, &c. That it be given, as an instruction to the Committee appointed to join with the Committee of Lords, to consider of Propositions and Circumstances relating to the trial of the Lords in the Tower; That they Insist upon it at the Committee, that the Lords Spiritual ought not to have any Vote, in any proceedings upon Impeachments against the Lords in the Tower. A Bill, To Disable the Duke of York to inherit the Imperial Crown of England, was red the first time. Resolved, &c. That the Bill be red a second time. And then the House Adjourned till to Morrow Morning, Seven of the Clock. Veneris 16o Die Maij. 1679. Ordered, That SIr Nich. Carew, Mr. Trefusis, Sir William Bastard, Sir John Knight, Mr. Colt,& Sir Viel Vivyan Be added to the Committee, appointed to examine concerning the Miscarriages of the Navy. And also the Committee appointed to examine the matter, Touching the Train of Artillery, and Munition shipped for Portsmouth. The Clerk of the Crown, being called in, did Amend the return for the burrow of Alborough, in the County of York, by taking off the Indenture, whereby Sir John Reresby is returned; and affixing the Indenture, whereby Sir Godfrey Copley is returned to the said return. A Petition of Charles Bambridge Distiller, on the behalf of himself, and many others, Complaining of several Exactions of the Farmers and Collectors of the duty of Excise, was red. Ordered, That a Committee be appointed to inspect the Laws, concerning the Excise, and to Examine and consider of the Abuses, and Exhorbitances of the Farmers, and Collectors of the said duty; and report the same, with their Opinions therein, to the House. And it is referred to Sir Thomas Player. Sir John Cloberry. Mr. Pilkington. Mr. Williams. Mr. Reynel. Mr. Colt. Sir Samuel Bernardiston. Sir George Strode. Sir Robert Markham. Mr. Dubois. Mr. Alderman Backwell. Mr. henly. Sir Richard Head. Mr. Trenchard. Sir Viel Vivyan. Sir Thomas Stringer. Sir Robert Clayton. Sir William Ellis. Mr. Hamden. Mr. Bennet. Sir Henry Ford. sergeant Rigby. Sir James Long. Sir Thomas Clargis. Mr. Treby. Mr. Papillon. Mr. Foley. Mr. Boscawen. Sir Robert Peyton. Sir William Roberts. Mr. Wright. Mr. Whorwood. Mr. Rich. Mr. Trefusis. Mr. Williams. Mr. St. John Sir John Knight. Mr. Alderman Love. Mr. Braman. Sir Ralph Dalaval. Sir Robert Southwell. Sir Thomas Stringer. And all the members of this House, that are of the Long rob;& they are to meet at three of the Clock in the afternoon, in the Speakers Chamber; and are impowred to sand for Persons, Papers, and Records. Ordered, That Mr. Tregeagle, be discharged from the Custody of the sergeant at arms attending this House, paying the Messengers Fees, and that he have leave to stay in the Country for three weeks. The House then took into consideration, the Amendments made by the Lords, to the Bill, For the better securing, the Liberty of the Subject, and for preventing of Imprisonments beyond the Seas. The Amendments in the fourth press, and the Third Line, being red, and the question being put for agreeing with the Lords, in the said Amendment: It passed in the Negative. The Amendments in the Eleventh Line, in the same press, being red; and the question being put for agreeing with the Lords in the said Amendment; It passed in the Negative. The Amendments in the Fifth press, in the three and thirtieth Line, being red; and the question being put, to agree with the Lords in the said Amendment; it passed in the Negative. The Amendments in the ninth press, in the four& twentieth Line, being for waving of the former Amendments, made by the Lords, on condition of admitting of a proviso, for the Peers, which was red; and the question being put, for agreeing with the Lords in that Amendment; it passed in the Negative. The rest of the Amendments being red, were upon the question agreed to. Ordered, That the Members, that managed the last Conference, had with the Lords about their Lordships Amendments to the Bill, For the better securing the Liberty of the Subject, and for preventing of Imprisonments beyond the Seas, do withdraw, and prepare Reasons to be offered at a Conference, to be had with the Lords, Why this House do not agree with their Lordships, in several of their Amendments. A Bill, For preventing of it, being in the power of any particular Creditor, or small●r number of Creditors, of a Bankrupt, to obstruct the Compositions of the greater number, was red the second time. Resolved, &c. That the Bill be Committed to Mr. Papillon. Mr. Dubois. Mr. Alderman Love. Sir Robert Peyton. Sir Samuel Bernardiston. Mr. Pilkington. Sir Thomas Mompesson. Sir Robert Carr. Sir Francis Winnington. Sir Nathaniel hernia. Sir John Hewley. sergeant says. Sir John Knight. Sir Patience Ward. Mr. Parthridge. Sir William Frankland. Lord Cavendish. Sir Henry Thompson. Sir Thomas Player. Sir Thomas Lee. Mr. Nosworthy. colonel leg. Mr. Bennet. Sir Edward Norris. Sir John Carew. colonel dean. Mr. Renell. Mr. Buller. Mr. White. Mr. Trenchard. Mr. Colt. Mr. Whorwood. Mr. Parker. Mr. Boscawen. Mr. thin. Sir Hugh bethel. Mr. Swinfen. Sir Anthony Irby. Sir John guys. Sir Henry Ford. Sir Robert Clayton. Sir Gervas Elwes. Sir John Hotham. Sir Richard Grahme. Mr. Tulse. Sir John Banks. Mr. Breman. Mr. Alderman Backwell. Mr. Stocdale. colonel Tempest. Sir Robert Dillington. Mr. Levison Gower. Sir John Cope. Mr. Newland. Sir Richard Haddock. Mr. Wogan. Sir William Francklyn. And all the Members of this House, that are Merchants, and the Gentlemen of the Long rob; and they are to meet to morrow at three of the Clock in the Afternoon in the Speakers Chamber; and are impowred to sand for Persons, Papers, and Records. Ordered, That Sir Hugh bethel, Mr. palms, Be added to the Committee Appointed to Examine the Abuses and Exorbitances in the Post-Office. And then the House Adjourned till Seven of the Clock to Morrow Morning. Sabbj 17o. die Maij, 1679. Ordered, THat the chairman of the Committee of privileges and Elections, do make a Special Report of the Miscarriages of Sheriffs, Mayors, and other Officers, concerned in the return of Members to serve in Parliament, as well in the Elections, that have been already Examined by the said Committee, as such as hereafter shall come before them. Ordered, That Mr. Speaker do Issue out his Warrant, to the Clerk of the Crown, for a New Writ, for the Electing of a Member, to serve in this present Parliament; for the burrow of Linington, in the County of Southampton, in the room of Bartholomew Bulkley Esquire, Deceased. A Bill, For Exporting of Cloath to Turkey, was red the second time. Resolved, &c. That the Bill be Committed to Mr. brown. Sir Francis Winnington. Mr. Dubois. Mr. Alderman Love. Sir Robert Carr. Mr. Reynell. Sir John Cloberry. Sir John Hewley, Sir James Long. Sir George Downing. Mr. Lewis. Mr. Ouslow. Mr. Pascawen. Mr. Papillon. Mr. Whorwood. Sir Samuel Bernardiston, Mr. Gold. Mr. Pilkington. Mr. Whitchead. Mr. Upton. Sir John win. Sir Gervas Ellwes. Mr. Williams. Sir Robert Markham. Sir Henry Ford. Sir Gilbert Gerrard. Mr. Treby. Sir John Mallet. Mr. Wright. Sir Thomas Player. Mr. henly. And all the Members of this House, that are Merchants; and they are to meet on Monday next, at Three of the Clock in the Afternoon, in the Speakers Chamber. A Bill, For Naturalizing of Isaac Demons and others, was red the second time. Resolved, &c. That the Bill be Committed to Sir Robert Carr. Sir John Cloberry. Sir Francis Drake. Sir edmond Jennings. Mr. Duboise. Sir John Knight. Sir William Ellis. Sir Robert Eden. Mr. Frewen. Sir John Hewley. Mr. Gr●y. Sir Samuel Bernardiston. Mr. Pilkington. Sir Nathaniel Hern●. Sir John Hartopp. Mr. henly. Sir Thomas Meres. Sir John H●bart. Mr. Alderman Love. Mr. Rich. Mr. Papillon. Sir Trevor Williams. Sir John Trevor. colonel Tempest. Mr. Foley. Mr. Manson. Sir Thomas Stringer. Mr. Colt. Mr. Kinnason. sergeant says. Sir John Coriton. Sir William Hickman. Mr. Alderman Backwell. Mr. Rushworth. Mr. White. Sir John Mallett. Sir Patience Ward. Sir Godfrey Copley. Sir Ralph Dalavall. And all the Members of this House, that are of the Long rob; and they are to meet on Monday next, in the Afternoon, at Three of the Clock in the Speakers Chamber: and are Impowred to sand for Persons, Papers, and Records. A Bill, To enable Joseph crag Esquire, to sell a certain messsage, for payment of Legacies charged upon the same, was red the second time. Resolved, &c. That the Bill be Committed to sergeant says. Mr. harboured. Mr. Colt. Sir edmond Jennings. Sir Henry Ford. Mr. beak. Sir Francis Drake. Sir Nathaniel hernia. Sir William Poultney. Sir Stephen Fox. Mr. Evelin. Sir William Roberts. Sir William franklin. Sir Anthony Irby. Sir Hugh own. Mr. Gresham. Sir William Hickman. Sir William Franckland. Mr. Colt. Mr. Williams. colonel Jefferies. Mr. May. Sir Peter tyrell. Mr. Manson. Sir John Hewley. Sir James Long. Mr. Foley. colonel Tempest. Mr. Alderman Love. Sir John Knight. Sir Robert Eden. Sir Hugh Cholmley. Sir William Ellis. Sir Richard Mason. Mr. Ouslow. Mr. Lambert. Mr. Wright. Mr. Wogan. Sir John Caryton. Sir William More. Mr. forester. Sir Robert Markham. Sir Trevor Williams. Mr. Alderman Backwell. Sir Richard Cust. Mr. Frete. Mr. Price. And they are to meet on Monday next, at Three of the Clock in the Afternoon, in the Speaker's Chamber; and are empowered to sand for Persons, Papers, and Records. Ordered, That the Committee appointed to Examine concerning the Miscarriages of the Navy, do inquire into the Miscarriages of the African-Company;& report the same, with their Opinions therein, to the House. And that Mr. Pine, and Mr. glide, and all the Members that serve for the Counties of Devon and cornwall, be added to the said Committee. Mr. sergeant Rigby reports from the Committee, to whom the Bill For Continuance of the Act against the Importing of Cattle from Ireland, and other Parts beyond the Seas, was Committed; several Amendments, and a Clause agreed upon by the Committee, to be added to the Bill: which he red in his place, and afterwards delivered the same in, at the Clerk's Table; where the same was twice red, and upon the Question, severally agreed. Two Clauses; The One, For prohibiting of Mutton; and the Other, For prohibiting of Butter from Ireland, were red; and some Amendments made at the Table, and upon the Question agreed to. Resolved, &c. That the said Bill, with the Amendments and Clauses, be engrossed. The Lord Cavendish acquaints the House, That His Majesty having been attended to know his Pleasure, when this House may wait upon him with the Address, agreed upon on Wednesday last; had appointed Monday, at Three of the Clock in the Afternoon, for this House to attend Him in the banqueting-house. Ordered, That the several Reports from the Committee of privileges and Elections, be made on Wednesday Morning next. Sir John Trevor reports from the Committee appointed to join with the Committee of Lords, to consider of Propositions, and Circumstances, relating to the trials of the Lords in the Tower; That the Lords had Communicated to the Committee, certain Proceedings of the House of Lords; which he red in his place, in haec verba. 16o. Maij, 1679. REsolved by the Lords Spiritual and Temporal, in Parliament Assembled: That Thursday next being appointed to begin the trials of the Five Lords in the Tower;( viz.) the Earl of Powis, Lord Viscount Stafford, Lord Petre, Lord Arundel of Wardour, and Lord Bellasis. After which Resolution passed, the Lords Spiritual asked the Leave of the House, that they might with-draw themselves from the trials of the said Lords, with the Liberty of entering their usual Protestations. And that the Committee of this House did desire the Direction of the House, how they should proceed therein; and the Matter being debated. Resolved, &c. That it be given as an Instruction to the said Committee, to insist upon the former Vote of this House; That the Lords Spiritual ought not to have any Vote, in any Proceedings against the Lords in the Tower. And when that Matter shall be settled, and the Method of Proceedings adjusted, this House shall then be ready to proceed upon the trial of the Earl of Danby; against whom▪ this House hath already demanded judgement: and afterwards, to the trials of the other Five Lords in the Tower. And then the House Adjourned till Monday Morning, Seven of the Clock. Lunae 19o die Maij, 1679. AN engrossed Bill For Exportation of Leather, was red a third time. Resolved, &c. That the Bill do pass, and that the Title be, An Act for Reviving and Continuing of a Former Act, entitled, An Act for giving Leave to Buy and Export Leather, and Skins Tanned or Dressed: And that Sir Robert Markham do carry up the same to the Lords for their Concurrence. The House being informed from the Committee, to whom it was( amongst other things) referred, to Examine into the Miscarriages of the Navy; That the Committee had taken some of the Matters to them, referred into their Consideration, and were ready for a Report therein: And it being moved, that the House would appoint some short time for receiving of the said Report, in regard several of the Witnesses will suddenly go beyond the Seas. Ordered, That the Report from the Committee, appointed to Examine into the Miscarriages of His Majesties Navy, be received to Morrow-morning, at Ten of the Clock; and that the Officers of His Majesties Navy, and the Witnesses concerned therein, do then attend. Sir Thomas Clargis reports from the Committee, to whom the Bill sent from the Lords, entitled, An Act for freeing the City of London, and Places adjacent, from Popish Inhabitants, was committed: several Amendments agreed upon by the Committee; which he red in his place, and afterwards delivered the same in, at the Clerk's Table; where the same were twice red; and with some Amendments made at the Table, upon the Question, severally agreed to. Resolved, &c. That the Bill, with the Amendments, be red a third time on Wednesday-Morning next. Ordered, That Mr. Treby do make a Report of the Abstract of such Letters and Papers, in the Custody of the Committee of secrecy, as concerns the Duke of York, relating to the present Plot, to Morrow-morning, at Ten of the Clock: And that the Bill For Disabling the said Duke of York, to Inherit the Imperial Crown of this Realm, be then red a second time. A Message from the Lords, by Sir Samuel clerk, and Sir Miles Cook. Mr. Speaker. The Lords have commanded us to acquaint you, That they have agreed to Two Bills sent up from this House: The One, entitled, An Act for the Sale of the Lands, late of Charles Dale, of the County of Rutland, Esq; Deceased; for the Payment of his Debts, and Provision for his Daughters and Coheirs: The Other, entitled, An Act for engrossing of the Records of Fines, burnt or lost in the late Fire in the Temple; without any Amendments. Ordered, That Mr. Norborne have Leave to go into the Country. And then the House Adjourned till Half an Hour after Two of the Clock in the Afternoon. Post Meridiem. THe House met, in order to attend His Majesty with the Address, agreed to on Wednesday last. And then the House Adjourned till to morrow morning, Seven of the Clock. Martis 20o. die Maij, 1679. Ordered, THat a Bill be brought in, to continue the Act, For providing necessary Carriages for his Majesty, in his Royal Progress& Removals: And it is referred to Sir Richard Mason. Mr. Pilkington. Sir Robert Peyton. Sir Thomas Bide. Mr. Papillon. Sir John Trevor. Sir William Poultney. Or any Two of them, to draw up, and prepare the same. A Bill For Annexing Tangire to the Imperial Crown of England, was red the first time. Resolved, &c. That the Bill be red a second time. Ordered, That Sir Hugh Smith have Leave to go into the Country, for a Fortnight. Ordered, That Doctor Jacob have Leave to go into the Country, until Monday next. A Bill For the better encouragement of Woollen-Manufacture, by the General Wearing thereof, was red the first time. Resolved, &c. That the Bill be red a second time to Morrow-morning. Ordered, That the Miscarriages in the Elections for the Counties of Norfolk and Leicester, be taken into Consideration on Saturday next. Ordered, That a Message be sent to the Lords, concerning the Condemned Popish Priests, sent for up from the several County-Goals, by Order of their Lordships. And that Sir William franklin. Mr. Boscawen. Mr. Colt. and Sir Thomas Clargis. Do with-daw, and prepare the said Message. Mr. harboured reports from the Committee, to whom it was( amongst other things) referred, to Examine into the Miscarriages of His Majesties Navy; That the Committee had taken some of the Matters to them referred, into their Consideration; and had agreed upon a Report to be made thereof, to the House; which he red in his place: And several Persons being called in, to the Bar of the House; and having owned the Informations, which they had given in writing to the said Committee: which said Informations, were likewise red; and the said Report, and Informations, being delivered in at the Clerk's Table, were there again red. Ordered, That Mr. Pepys, and Sir Anthony Dean, be Committed to the Custody of the sergeant at Arms, attending this House. Ordered, That the Matter of the Report this Day made, be further Examined at the Bar of the House, on Thursday next. Ordered, That the Committee appointed to Examine into the Miscarriages of the Navy, do draw up the Heads of the Matters this Day reported; which relates to Mr. Pepys, and Sir Anthony Dean. Ordered, That the sergeant at Arms do attend to Morrow-morning, at the Admiralty, with Mr. Pepys. Ordered, That the Reports from the Committee of privileges, and Elections, be made on friday next. Ordered, That the Bill For Disabling the Duke of York, to Inherit the Imperial Crown of this Realm, be red a second time to Morrow-morning at Ten of the Clock: And that Mr. Treby do make an Abstract of such Letters and Papers, in the Custody of the Committee of secrecy, as concerns the Duke of York, relating to the present Plot, at the same time; no other Business intervening. Mr. Speaker acquaints the House, That His Majesty having been Yesterday attended with the Address of this House, agreed to on Wednesday last; that His Majesty was pleased to Return this Gracious Answer. Gentlemen, I Thank You for Your Zeal for the Preservation of the Protestant Religion, and of My Person. And I assure You, I shall do what in Me lies, to secure the Protestant Religion; and am willing to do all such Things, as may tend to the Good and Benefit of My Subjects. Ordered, That Leave be given to Sir Robert Reeve, to go into the Country. And then the House Adjourned till to Morrow-morning, Seven of the Clock. Mercurii 21. die Maii, 1679. A Bill for appointing certain times for the coinage of tin in Cornwall was red the first time. Resolved, &c. That the Bill be red a second time. A Bill for the better encouragement of the Woollen Manufacture by the General wearing thereof, for certain Moneths in the year was red the second time. Resolved, &c. That the Bill be committed to Mr. Gold. Mr. White. Sir Robert Dillington. Sir Trevor Williams. Mr. Slater. Sir Joseph Tredinham. Mr. freak. Sir Richard Corbet. Sir George Downing. Mr. Reynel. sergeant says. Sir Richard Head. Mr. Wright. Mr. Papillon. Sir Phillip Egerton. Mr. Fuies. Mr. henly. Sir James Oxenden. Mr. Thistlethwaite. Sir Thomas Bide. mayor Broxholme. Mr. Burdet. Sir Edmond Jennings. Sir Walter Clargis. Mr. Pine. Mr. Tr●fusis. Sir Tho. Stringer. Mr. Penruddock. Mr. Foley. Mr. Arth. Ouslow. Sir John Talbot. Mr. Whitehead Mr. Richard Ouslow. Mr. Bockland. Sir John Trevor Mr. Gwynn Mr. Colt. Mr. Ayliffe. Sir Robert Carr. Mr. Evelyn. Mr. dean. Mr. Saint John. Sir Anth. Irby. Sir William Estcourt. Sir John Hewley. Sir John Dorrell. Lord Fair●ax. Mr. Bramen. And they are to meet this Afternoon at three of the Clock in the Speakers Chamber. A Petition of Doctor John Hilliard, in the Custody of the sergeant at Arms was red, whereby he acknowledges his offence, begs the pardon of the House, and prays to be discharged from his Confinement. Ordered, That the said Doctor John Hilliard be discharged from his Confinement to the sergeant at Arms, paying his Fees. Ordered, That the said Doctor John Hilliard do attend this House, when the miscarriages in the election of Knights of the Shire, for the County of norfolk, shall be taken into consideration. Ordered, That Mr. Apprew have leave to go into the Country. A Bill for the continuance of an Act entitled an Act for the better regulating of the manufacture of broad Woollen-cloth within the West riding in the County of York was red the first time. Resolved, &c. That the Bill be red a second time; an engrossed Bill sent from the Lords entitled an Act for freeing the City of London and parts adjacent from Popish Inhabitants with the amendments was red the third time. A clause being tendered and thrice red, touching penalties to be inflicted on the Justices of the Peace, and other Officers neglecting their duty, was with some amendments made at the Table, upon the Question agreed. An other clause for pleading the General issue not guilty to any Action brought upon this Act, was likewise tendered and thrice red, and upon the Question agreed. Resolved, &c. That the Bill with the amendments and clauses agreed do pass, and that the title be an Act for freeing of the City of London and parts adjacent from Popish Inhabitants, and providing against other dangers which may arise from Papists, and that Sir Thomas Clergis do carry back the said Bill with the amendments, to the Lords for their concurrence. Mr. Treby Reports from the Committee of Secrecy appointed to prepare evidence against the five Lords in the Tower, and to prepare and draw up an abstract of such matters as concerns the Duke of York, relating to the present Plot, contained in such Letters, Papers, and Writings, as they have in their Custody, several matters contained in the said Letters, and Papers, which he red to the House. A Bill for disabling the Duke of York, to inherit the Imperial Crown of this Realm, was red the second time. The Question being put that the Bill be committed. The House divided. The Yeas go forth. Tellers Sir Robert Peyton— for the Yeas 207. Mr. Hamden— Tellers Lord Ancram— for the Noes 128. Mr. thin— And so it was resolved in the affirmative. Resolved, &c. That the Bill be Committed to a Committee of the whole House. Resolved, &c. That this House will on friday Morning next at Ten of the Clock, resolve itself into a Committee of the whole House, to proceed in the consideration of the Bill for disabling the Duke of York, to Inherit the Imperial Crown of this Realm. Ordered, That the Committee appointed to examine into the miscarriages of His Majesties Navy, be impoured to examine the Matter of Fact, and report the same with their opinions therein to the House. Ordered, That all Committees be Revived, and do sit this Afternoon in the places formerly appointed. And then the House Adjourned till Seven of the Clock to morrow Morning. Jovis 22. die Maij, 1679. A Bill for appointing certain times for coinage of Tynn in Cornwall was red a second time. Resolved, &c. That the Bill be committed upon the debate of the House to Mr. Buscaven. Sir Francis Drake. Mr. Dubois, Mr. Reynell. Sir John Corriton. Sir Gervas Elwes. Sir Nathanael hernia. Mr. Pilkington. Mr. Treby. Sir Richard Corbett. Sir William Pultney. Mr. Ayliffe. Mr. Hardbord. Sir Hen. Ford. Sir Robert Carr. Sir John Carew. Sir John Inight. Mr. Papillon. Mr. Alderman Love. Sir Francis Rolls. Sir John Trevor. Mr. Wright. Mr. Guy. Sir George Downing. Sir Robert Peyton. Sir John Cloberry. Sir Charles harboured. Mr. Nosworty. Mr. Williams. Sir Henry Hewley. And all the Members of this House that serve for the Counties of Cornwall and Devon, and all the Merchants, and they are to meet to Morrow at Three of the Clock in the Afternoon, in the Speakers Chamber. A Complaint being made of a Breach of privilege committed upon Sir William Blacket a Member of this House, by certain Persons who entred upon his possession by order of Humphrey Wharton Esquire, another Member of this House. Ordered, That a Committee be appointed to examine the matter of the Complaint, and to state the matter of Fact, and to report the same, with their opinions therein to the House. And it is referred to Sir John Hewley. Sir Christ. Musgrave. Sir John Knight. Mr. Sacheverell. Sir John Otway. Mr. Buscawen. Sir Robert Peyton. Mr. Williams. Mr. Foley. Sir Robert Clayton. Mr. Swinfen. Sir William Franklin. Mr. Reynel. Sir Thomas Stringer. Mr. Lisle. Sir Robert Carr. Sir Anthony Irby Mr. Alderman Love. Mr. Dubois. Mr. Papillon. Col. Titus. Sir John Trevor. Sir Joseph Williamson. Mr. Colt. Sir edmond Jennings. Mr. Pilkington. Sir Francis Drake. Sir Gervas Elwes. Sir John Cloberry. And all the Members that serve for the Five Nor thern Countries( viz) York, Northumberland, Cumberland, westmoreland, and Durham, and they are to meet this Afternoon at three of the Clock in the Speakers Chamber, and are impoured to sand for Persons, Papers, and Records. A Petition of John Parkhurst Esquire, a Member of this House against the said Humphrey Whorton Esquire, complaining that the said Mr. Whorton refuseth to pay the Ninth Lot of led Oar, which he is obliged to do by virtue of a late Act of Parliament, and a grant from the Bishop of Durham to the Petitioner was red. Ordered, That the said Petition be referred to the consideration of the former Committee to examine the matter thereof, and report the same with their opinions therein to the House. Ordered, That Sir Walter Ernle have leave to go into the Country for Fourteen days. Ordered, That Mr. Hardbord, Lord Scudamore, Mr. dean, and Mr. Goodwin, have leave to go into the Country. Ordered, That Mr. Jermyn have leave to go into the Country till Tuesday next. Ordered, That leave be given to Sir George Downing, to bring in a Bill for the more easy taking the Oaths mentioned in the Act for burying in Woollen. Ordered, That Sir Tho. Clargis do go up to the Lords, to desire a free conference with their Lordships, concerning the amendments made by their Lordships, to the Bill for better securing the liberty of the Subject, and for preventing of Imprisonments beyond the Seas. Sir William Franklin reports from the Committee, appointed to draw up and prepare a message to be sent to the Lords concerning the Popish Priests condemned in the circuits. That the Committee had agreed upon a Message to be reported to the House, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was again red and is as followeth, 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 the 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 or about the Cities of London and Westminster, by reason whereof the Execution of the Sentence pronounced upon them is still delayed, do desire your Lordships that the said Priests may be forthwith remanded, that so they may be executed according to the Judgments passed upon them. Ordered, That Sir William Franklin do carry up the said Message to the Lords, and do remind their Lordships of an address concerning the Militia, to which their Lordships have agreed, and which is not yet presented to His Majesty. Ordered, That Sir John Dorrel have leave to attend at the Counsel Board, to give his Testimony in a Cause between Sir Richard Beach, and Mr. Phineas Pet. A Petition of John wilson Esq; setting forth, that whereas he is now in Custody of the sergeant at arms by Order of this House, Grounded upon an Information, that the Petitioner should say, this Parliament is no Parliament, whereof he is in no sort Guilty, as he hopes will appear by a Certificate Annexed under the Hands of Eight Justices of the Peace of the North-riding of the County of York, who were present when the said words were supposed to have been spoken, and therefore preys to be restored to his Liberty, was red. A Petition of Roger Beckwith Esq; setting forth, that he is now in Custody by Order of this House, Grounded upon the like Information, of which he is not Guilty, and hopes my Innocency will appear by the said Certificate, and therefore to be restored to Liberty, was red. A Petition under the Hands of Eight Justices of the Peace, of the North-riding of the County of York, certifying that they were all present at the Sessions at Thirske, the First of May 1679. when John wilson Esq; being desired to give his opinion, whether the Act for Settlement of the Poor, 14. Car. 2di. which was to contain to the First Session of the next Parliament was still in Force, to which he Answered, it was doubtful in Regard they had not yet made any Act, and is not a Parliament in Law, because no Record remaines of it, and that neither John wilson nor Roger Beckwith, did then speak any words Derogatory to the Parliament, was likewise red. Ordered, That John wilson and Roger Beckwith Esquires, be discharged from the custody of the sergeant at arms, paying their Fees. Ordered, That the Bill Prohibiting the Importation of Irish Cattle be red a Third time, to Morrow Morning the first business. Mr. harboured reports from the Committee appointed to examine into the miscarriages of His Majesties Navy, an Abstract of the Complaint against Sir Anthony dean Mr. Samuel Pepys and Partners, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same was again red, and is as followeth. An Abstract of the Complaint against Sir Anthony dean and Partners. That Sir Anthony dean, Hugh Salisbury and John Moor, being all then Officers of His Majesties Yard at Portsmouth, did in the year 1673. cause the Hunter Sloope to be equipped out of His Majesties Stores there, and by the favour of Mr. Pepys Secretary to the Admiralty, procured a Commission of reprisal for one Captain moon, to whom they gave the Command of the said Vessel. And accordingly the said moon did perfect his Indenture with His Majesties Store-keeper of the said Yard, and Signed a Bond of a Thousand pound, acknowledging the persons abovenamed to be Owners of the said Vessel, and to be accountable to them for such prizes as he should take. That the said Captain moon Sailed with the said Vessel to Dover, and then received a Letter from Sir Anthony dean, directing him to Sail with the said Vessel to Dunkirk or Callis, and get her made Free of one of those places, and there likewise to get a Commission from the French King against the Dutch, and that what Money he should expend in the doing thereof, Sir Anthony dean would repay him. That Captain moon being sensible of the Injustice of the said design, refused to take the Command of the said Vessel any longer, and laid her up at Dover. That the said Captain moon shortly after being at Dunkirk, did see the Hunter sleep aforesaid, then Commanded by Captain Thomas swain, bring up there the Catharine of London as prise, having taken and Seized on her at Sea, notwithstanding she was a Free Ship of England, and belonged to His Majesties Subjects, of which the said Captain gave a present account to the Merchants of London, Owners and Freighters of the said Catharine, by the packet Boat of Callis. That during his being at Callis, there came over one balthasar St. Michael, in one of His Majesties Yachts, one of the Owners of the said Ship Hunter, and His Majesties Prick-Master at Deal, in order to his taking his Journey to Paris with Instructions and Letters, one of which was from the French Ambassador, to get the said Ship Catharine Condemned as prise, notwithstanding, that he knew that it had been proved before His Majesty and Counsel, that the said Ship belonged to His Majesties Subjects, and that His Majesty had writ to his Ambassador in France, to use his Interest and Credit in that Court, to get the said Ship the Catharine Discharged, and restored to his Subjects to whom she belonged. That the said St. Michel prevailed accordingly at the French Court, and got the said Ship and Goods Re-seized, which by the Interposition of His Majesties Ambassador, had been adjudged by the French Admiralty to belong to His Majesties Subjects, and an Order granted for the Discharging of her accordingly. That the said Captain moon, after he had quitted the Command of the said Hunter Sloop, heard Thomas swain then Commander of her say, That he received his Provisions for the Victualling of the said Sloop, from His Majesties Victualler at Dover. That the said Captain moon being Captain of a small Vessel, and coming in her Laden from Spain, being bound for Rotterdam, put in at the Cowes, where Sir Anthony dean and John Moor aforesaid, caused him to be prest to be Pilot of the Norwich frigate, where he continued accordingly on Board for the space of Eight days, till by Two Boats he was carried on Shore by violence, and there by the Soldiers of that Garrison carried to Prison, where the said Sir Anthony dean laid an Action of Two thousand pounds upon him, and within half an hour after his coming into the said Prison, the Jaylor clapped an Iron Shackle riveted in with an elvich Hammer on his Right Leg, which said Irons being very streight, caused his Leg to swell so much, that he grew lame all of his right side, and was forced to go on Crutches for the space of Five Months, and after( having continued Six Months in the said Goal) he was removed thence by a Habeas Corpus into the Kings-Bench, where he remained for the space of Three years, till Discharged thence by the Act of Parliament. And it appears plainly, not only by the Petition presented to this House, of Mr. Samuel Lamot, Francis Terrence, Joseph Bateman, and divers others Merchants of London, and by the state of their case, both which they have acknowledged to be true at the bar of the House of Commons; but also by their Petitions to His Majesty in Counsel; setting forth that Matter and the several Orders and Directions, His Majesty out of his great Goodness and Justice to his Subjects, was pleased to grant thereupon from time to time, not only condemning the Piratical proceedings of the said St. Michael, Captain swain, and complices. For which the said St. Michael was Committed to the Tower, but by his directions to his Ambassador in France, to get the said Ship and Goods released and restored to the said Merchants; which was accordingly done; which said Piratical proceedings was to the damage of the Owners and Merchants to the value of Five thousand pounds, and might have been the occasion of a War between His Majesty and the States General, it being directly contrary to the Articles of Peace made between them. An Abstract of the Complaint against Mr. Samuel Pepys and Sir Anthony dean. That the said Mr. Pepys and Sir Anthony dean, did in Conspiracy together, cause maps and Sea Journals to be made, one of them mentioning Captain Mandeus's Voyage to St. Helena, some Draughts of His Majesties best built Ships, and some Modells of Ships, and Fourteen sheets of Paper closely written, containing an Account in what manner the Navy and Admiralty were governed in England; as also of the number of the Kings Ships, their several Ages, and their Condition: As also divers other Treasonable Matters, making first of all, Discovery of the State and condition of His Majesties Navy; how and by what means many of the English Seamen may be drawn in the French Service: The weakness of those places where. His Majesty had Ships usually lay: The great want of Stores, and a Description of our principal Rivers, and of our several Forts, Garrisons, and of the Isle of Wight: All which said maps, Journals, Modells, and Descriptions aforesaid, the said Sir Anthony dean is accused to have carried over into France with him, in the Year 1675. and to have delivered to the marquis of Signolay, then Secretary of the Admiralty in France in order to their Detestable Design and Plot contrived by the Papists, for the Destruction of His Majesties Royal Person, Overthrowing of the Laws of this Realm, and Extirpation of the Protestant Religion; in all probability it appearing, by some Examinations taken by the Committee to whom this Matter was referred; that the said Mr. Pepys is either a Papist himself, or a great Favourer of that party, as appears at large by several Informations, to which the Committee refer themselves. Sir Thomas Clargis acquaints the House that the Lords had agreed to a present free conference in the Painted chamber, concerning the Amendments to the Bill for securing the Liberty of the Subject, and preventing Imprisonment beyond the Seas. Ordered, That the Members that managed the last Conference had with the Lords touching the said Amendments, do attend and manage this free Conference. Ordered, That a Committee be appointed to Inspect the Lords Journalls, and take an account there, out of all proceedings, relating as well to the Impeachment against the Earl of Danby, as the Impeachment against the other Lords in the Tower. And it is referred to Mr. Hamden. Sir Richard Cust. Sir William Coventry. Mr. beak. Sir Richard Head. Sir John Mallet. Mr. Foley. Mr. Swinfen. Mr. Bosrawen. Sir John Hewley. Sir Robert Peyton. Or any three of them, to give an account thereof to the House to morrow Morning. Ordered, That a Committee be appointed to Inspect the Journalls of this House, and take an account there, out of all proceedings, relating as well to the Impeachment against the Earl of Danby, as the Impeachments against the other Lords in the Tower. And it is referred to Sir Thomas Littleton. Mr. Sacheverell. Sir Francis russel. sergeant says. Mr. Papillon. Sir Christ. Musgrave. Mr. Trenchard. Sir Edward D●ering. sergeant Rigby. Sir John Knight. Sir Francis Drake. Mr. Bennet. Mr. Dub●is. Sir Robert Peyton. Sir John Mallet. Or any three of them, to give an account thereof to the House to morrow Morning. A messsage from the Lords by Sir John Coell and Sir Timothy Baldwin. Mr. Speaker: The Lords have commanded us to acquaint you with an Order of their House( viz.) Die Martis 20o Maii 1679. IT is this day Ordered by the Lords Spiritual and Temporal in Parliament Assembled; That Tuesday next being the Twenty seventh of this instant May, be appointed for the trial of the five Lords now Prisoners in the Tower( viz.) William Earl of Powis, William Viscount Stafford, William Lord Petre, Henry Lord arundel of Wardour, and John Lord Bellasis. And also to acquaint this House that His Majesty had appointed three of the Clock to morrow in the Afternoon for both Houses to attend him in the banqueting-house, with the Address concerning the Militia. The House then took into consideration, the Report this day, made of the Complaint against Sir Anthony dean and Mr. Pepys. Captain moon being called in to the bar of the House, did own a Letter which he had received from Sir Anthony dean; which was red to the House: And also an Inventory of Tackle, Goods and apparel delivered on Board the Hunter-Sloope, which was likewise red to the House. Ordered, That Sir Anthony dean and Mr. Samuel Pepys, be sent to the Prison of the Tower; and that Mr. Speaker do Issue out his Warrant accordingly. Ordered, That Mr. attorney general be directed forthwith to prosecute Sir Anthony dean, Mr. Samuel Pepys▪ Monsieur St. Michael, John Moore, Captain Thomas swain, and Francis Watson, for the Crimes objected against them: And that Mr. harboured do acquaint Mr. Attorney General, with the Evidence relating thereunto. Ordered, That this House will to morrow morning at eight of the Clock, take into Consideration the messsage sent from the Lords. Ordered, That the Committee appointed to Inspect the Journals of the Lords, and the Journals of this House, touching the proceedings of the Impeachments against the Lords in the Tower; do also take an account there, out of the proceedings of the Bill against the Earl of Danby. And then the House Adjourned till to morrow morning Seven of the Clock. Veneris 23o die Maii 1679. A Complaint being made of a breach of privilege committed against the honourable Edward Lord Morpeth, a Member of this House, by William Tallentire, by stoping up a Way belonging to the said Lord Morpeth; and speaking contemptuous words, and in proceeding at Law to try the right of the said Way during the sitting and privilege of Parliament. Ordered, That the said William Tallentire be sent for in Custody of the sergeant at Arms, attending this House for his breach of privilege committed against the Lord Morpeth; and that all proceedings at Law touching the Right of the said Way, be stayed, and that notice thereof be given to the said Tallentire's Attorney at Law. Ordered, That the Committee to whom the Bill for Exporting Cloth to Turkey, stands committed, be Revived, and do sit this Afternoon in the place formerly appointed; and the Members that serve for the County of Worcester, gloucester, W●lts, Somerset, and York, be added to the said Committee; and all that come are to have Voices. A Bill for the more easier taking the Oaths mentioned in an Act for Burying in woollen, was red the first time. Resolved, &c. That the Bill be red a second time. Sir William Frankland Reports from the Committee, to whom the Bill for the more easy Collecting the duty of Hearth money was committed: Several Amendments agreed upon by the Committee, to be made to the said Bill, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same were twice red, and upon the Question severally agreed too. Resolved, &c. That the Bill with the Amendments, agreed to be engrossed. Ordered, That mayor Austin have leave to go into the Country. Ordered, That the Reports that are now ready to be made from the Committee of Priv●ledges and Elections, be made to morrow morning the first business. Mr. Hamden Reports from the Committee appointed to inspect the Journals of the Lords: A Report agreed upon by the Committee to be made to the House of all the proceedings, relating as well to the Impeachment and Bill against the Earl of Danby, as to the Impeachment against the other Lords in the Tower; which he red to the House. The House being informed that Sir Stephen Fox had paid several sums of Money to some of the Members of the last Parliament, and that he has Books of Accounts to evidence the same. Ordered, That Sir Stephen Fox be immediately sent for to attend this House, and do bring with him, all the Books and Papers of Accounts of any moneys that he has paid to any Members of the last Parliament, and others, for keeping of public Tables; and that Sir John Hotham, Sir Robert Peyton, and Sir John Holman, do acquaint him with this Order. Mr. Papillon Reports from the Committee appointed to inspect the Journals of this House; a Report agreed upon by the Committee to be made to the House, of all the proceedings, relating as well to the Impeachment and Bill against the Earl of Danby, as to the Impeachments against the other Lords in the Tower; which he red to the House. Ordered, That Sir Stephen Fox do forthwith produce to this House, his leaguer Book, Cash Book, and Journal, and his Receipts for Money by him paid for Secret Services; and that Sir John Hotham Sir Robert Peyton, and Sir John Holman, do accompany the said Sir Stephen Fox, and that he is enjoined not to go out of the company of the said Members before they return to the House. Ordered, That no Members depart the Service of this House, until Sir Stephen Fox and the other Members do return. Ordered, That Sir Francis Winnington do to morrow morning make a Report of the Informations given to the Committee of Secrecy, touching Money paid for Secret Service to the Members of the last Parliament. Sir John Tr●vor Reports from the Committee appointed to join with the Committee of the House of Lords, to consider of propositions and circumstances relating to the Trial of the Lords in the Tower. That the Lords had communicated to the Committee of this House a Paper, containing several circumstances relating to the Trials upon the Impeachments, which he red in his place, in hac verba. That the Earl of Powis Viscount Stafford, Lord Petre, Lord Arundel of Wardour, and Lord Bellasis, and every one of them; who are to be brought to their Trial in Westminster 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 shall produce at their respective Trials, 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 commands them to arise, and ●hen he is to let them know, that they are this day to Answer to the accusation of High-Treason, wherewithal 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 red 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 Lord; who at the instance of the Commons, shall be admitted Witnesses are to be Sworn at the Clerks Table, and the Lord High Stewa to administer the Oath, and to deliver their Evidence in their own places. Those Witnesses that are Commons 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 across examine Witnesses viva voice 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 Middlesex, and the Justices of the Peace of the City of Westminster, to take care for the safe guarding of the Gates and other places, thereby to prevent the concourse of People resorting to Westminster, during the time of the Trials of the said Lords. Ordered, By the Lords Spiritual and Temporal in Parliament assembled, that this Paper be committed to the Committee of the House of Commons, by the Lords Committee of this House. John Brown Cleric. Parliamentorum. Sir John Trevor reports that the Committee of Lords declared when they delivered the said Paper, that the Paper was delivered as proposals to be debated, and not as an order or rule to bind the Commons. And that the Committee of this House did declare, that they received the Paper only as proposals. Ordered, That Sir Stephen Fox do upon his memory name to the House such Members of the last Parliament, as he paid any Money to for secret service. And then the House Adjourned till Seven of the Clock to Morrow Morning. Sabbi 24. die Maij, 1679. A Petition of several free holders of the County of Norfolk, and a mistake being therein in directing of the said Petition. Ordered, That the said Petition be withdrawn. Sir John Mallet reports from the Committee, to whom the Bill for naturalizing of Isaac Demons and others, was committed, some amendments agreed upon by the Committee, to be made by the said Bill which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same were again twice red, and upon the Question severally agreed to. Resolved, &c. That the said Bill with the Amendments be engrossed. Resolved, &c. That the Committee appointed to join with the Committee of Lords, do insist upon their former instructions and do give no Answer to the Propositions Yesterday made by the Lords, until they have made an Answer for adjusting the propositions already made to their Lordships by the Committee of this House. Resolved, &c. That an Answer be returned to the last message of the House of Peers, touching their appointment of the Trial of the Five Lords in the Tower, to be on Tuesday next, with reasons why this House cannot proceed to the Trial of those Five Lords, before judgement given upon the Earl of Danby's Plea of his pardon, and the point of the Bishops not voting in any proceedings upon Impeachments for Capital Offences be settled, and the methods of proceedings adjusted, and that a Committee be appointed to draw up those Reasons. And it is referred to Mr. Sacheverel. Mr. Foley. Mr. Treby. Mr. Thomas Lee. Sir Eliab Harvy. Mr. Dubois. Mr. Papillon. Sir Francis Winnington. Sir John Hewley. Mr. Rushworth. Mr. Vaughan. Mr. Powle. Sir John Trevor. Mr. Garraway. Sir Christoph. Musgrave, Mr. Trenchard. Sir Robert Peyton. Mr. Hamden. Sir Richard Cust. Sir John Knight. Sir William Coventry. Mr. Swinfen. Mr. Williams, Mr. Reynal. Mr. Pelham. Or any Three of them. Ordered, Sir John Mallet, Sir Christopher Musgrave, and Mr. Wogan do inspect the Journals of the Lords, and see what Votes and Orders were Yesterday made, concerning the Committee of Both Houses. A Petition of Sir Thomas Hare John Trinham Esq; and others on the behalf of themselves, and the mayor part of the Free-Holders of the County of Norfolk was red, complaining of several rude and illegal practices, in Electing and returning of Sir John Hobart to serve in this present Parliament as Knight of the Shire, for the County of Norfolk, and the Petitioners, having in their Petition set forth, that by reason of the Printing and publishing of the Resolvers and Orders of this House, the Free-Holders of the said County were affrighted and terrified. And a motion being made that the said Petition may be rejected, the same was upon the Question rejected. Sir John Trevor reports from the Committee appointed to join with the Committee of the Lords, to consider of Propositions and Circumstances relating to the trials of the Lords in the Tower. That the Lords had Communicated to the Committee, a Vote of the House of Lords in Haec verba. Sir Francis Winnington Reports from the Committee of Secrecy, several Informations given to the said Committee, of Moneys paid for secret service, to the Members of the last Parliament. Ordered, That Mr. Knight, living between the end of Chancery-Lane and St. Dunstans Church, be immediately Summoned to attend this House. Ordered, That Sir Richard Wiseman be immediately sent for to attend this House. Ordered, That Sir Thomas Bide have leave to go into the Country. Ordered, That colonel Whitley being one of the Commissioners for Disbanding the Army, have leave to go and attend that Service. Ordered, That the Auditor of the Excise, or his Deputy, do bring in a List of all the Farmers of the Excise, to the year One thousand six hundred seventy two, and that the Members that serve for the City of London, do acquaint them with this Order. Ordered, That Mr. Speaker do issue out his Warrant, for the Summoning of such Witnesses as shall be name to him by any Members of this House, touching Moneys paid for secret service. Ordered, That Mr. Nicholas Johnson, and Mr. Richard Kent be immediately sent for, to attend this House. Ordered, That the consideration of the debate, upon the report this day made by Sir Francis Winnington from the Committee of Secrecy, of Money paid for secret service to the Members of the last Parliament, be Adjourned till Tuesday Morning next. And then the House Adjourned till monday Morning seven of the Clock. Lunae 26o die Maij, 1679. Ordered, THat Sir John Robinson and Mr. Francis Pawlet, have leave to go into the Country. Resolved, That it be an Instruction given by this House, to the Committee appointed to join with the Committee of Lords, to propose of the Committee of Lords, whether they be yet impoured to give any Answer to the Propositions already made by the Committee of this House, touching the Lords Spiritual, and the trial of the Pardon of the Earl of Danby, and acquaint the Lords, that the Committee cannot give any Answer to the Propositions made by their Lordships Preparatory to the trial, until those matters be adjusted. Mr. Sachevorel Reports from the Committee appointed to draw up Reasons, why this House cannot proceed to the trial of the Lords, before judgement given upon the Earl of Danby's Plea of his Pardon, and the point of the Bishops not Voting in any of the proceedings upon Impeachments for Capital Offences, and the methods of proceedings adjusted: That the Committee had agreed upon an Answer, to be returned to the last Message of the House of Peers, touching their appointment of the trial of the Five Lords in the Tower to be on Tuesday next, together with Reasons for their insisting upon their former Vote, which he red in his place, and afterwards delivered the same in at the Clerks Table, where the same were again red, and some amendments made at the Table upon the Question were agreed, and are as followeth. The Commons have always desired that a good correspondency, may be preserved between the two Houses. There is now depending between your Lordships and the Commons, a matter of the greatest weight, in the transaction of which, your Lordships seem to apprehended some difficulty in the matter proposed by the Commons. To clear this, the Commons have desired this conference, and by it they hope to manifest to your Lordships, that the propositions of the House of Commons made by their Committee, in relation to the Trial of the Lords in the Tower, have been only such as have been well warranted by the Laws of Parliament, and constitution of the Government, and in no sort entrench upon the judicature of the Peers, but are most necessary to be insisted upon, that the ancient rights of Judicature in Parliament may be maintained. The Commons readily aclowledge that the crimes charged upon the Earl of Powis Viscount Stafford, Lord Petre, Lord Arundel of Wardour, and Lord Bellasis, are of deep guilt and call for speedy Justice. But withal they hold any change of Judicature in Parliament, made without consent in full Parliament, to be of pernicious consequence both to His Majesty and his Subjects, and conceive themselves obliged to transmit to their posterity, all the rights which of this I find they have received from their Ancestors, by putting your Lordships in mind of the progress that hath already been, between the Houses in relation to the propositions made by the Commons, and the reasonableness of the propositions themselves, they doubt not to make it appear, that their aims hath been no other then to avoid such consequence, and preserve that right, and that there is no delay of Justice on their part, and to that end do offer to your Lordships the ensuing reasons and narrative. That the Commons in bringing the Earl of Danby to Justice, and discovery of that execrable and traitorous conspiracy, of which the Five Lords now stand impeached, and for which some of their wicked complices have already undergone, the sentence of the Law as Traytors and Murderers, have laboured under great difficulties, it is not unknown to your Lordships, that upon the Impeachment of the House of Commons against the Earl of Danby for High Treason, and other High Crimes, misdemeanours and offences, even to the Common Justice of sequestering him from Parliament, and forthwith committing him to safe custody, was then required by the Commons, and denied by the House of Peers, though he then sate in their House, of which your Lordships have been so sensible, that at a free conference the Tenth of April last your Lordships declared, that it was the right of the Commons, and well Warranted by former presidents of former ages, that upon an Impeachment of the Commons, a Peer so Impeached ought of right to be ordered to withdraw; and then to be committed, and had not that Justice been denied to the Commons, great part of this Session of Parliament, which hath been spent in framing and adjusting a Bill, for causing the Earl of Danby to appear and answer, that Justice from which he was fled had been saved and had been employed for the preservation of His Majesties Person, and the security of the Nation, and in prosecution of the other Five Lords, neither had he had the opportunity of procuring for himself that Illegal Pardon, which bears Date the first of March last past, and which he hath now pleaded in Bar of this Impeachment, nor of wasting of so great a portion of the Treasure of the Kingdom, as he hath done since the Commons exhibited their Articles of Impeachment against him. After which time thus lost by reason of the denial of that Justice, which of right belonged to the Commons upon their Impeachment, the said Bill being ready for the Royal Assent, the Earl of Danby surrendered himself, and by your Lordships order of the Sixteenth of April last was committed to the Tower, after which he pleaded the said pardon, and being prest, did at length declare that he would rely upon and abide by that plea, which pardon pleaded being illegal and voided, and so ought not to bar or preclude the Commons from having Justice upon the Impeachment. They did thereupon, with their Speaker, on the Fifth of May instant, in the Names of themselves and of all the Commons of England, demand judgement against the said Earl, upon their Impeachment; not doubting but that your Lordships intended, in all your proceedings upon the Impeachment, to follow the usual course and methods of Parliament. But the Commons were not a little surprised by the messsage from your Lordships, delivered on the Seventh of May; thereby acquainting them, that as well the Lords Spiritual as temporal, had ordered, that the Tenth of May instant, should be the day for hearing the Earl of Danby to make good his Plea of Pardon; and that on the Thirteenth of May the other Five Lords Impeached, should be brought to their trial: And that your Lordships had Addressed to His Majesty for Naming a Lord High Steward, as well in the Case of the Earl of Danby, as of the other Five Lords; upon consideration of the said messsage, the Commons found that the admitting the Lords Spiritual to exercise Jurisdiction in these Causes, was an alteration of the Judicature in Parliament; and which extended as well to the proceedings against the five Lords, as against the Earl of Danby; and that if a Lord High Steward be necessary upon trials on Impeachments of the Commons; the Power of Judicature in Parliament upon Impeachments might be defeated, by suspending or denying a Commission to Constitute a Lord High Steward. And that the said days of Trial appointed by your Lordships, were so near to the time of your said message, that the matters and the methods of proceedings upon the Trials, could not be adjusted by conferences between the two Houses, before the days nominated; and consequently the Commons could not then proceed to the Trial, unless the zeal which they had for speedy judgement against the Earl of Danby, that so they might proceed to the Trial of the other Five Lords, should induce them at this Juncture, both to admit of the enlargement of your Lordships Jurisdiction, and sit down under those and many other hardships( though with the hazard of the Commons power of Impeachment for time to come) rather than the Trial of the said Five Lords, should be deferred for some short time, whilst these matters might be agreed on and settled, for reconciling differences in these great and weighty matters, and for leaving that time which would necessary have been spent at debates, and conferences betwixt the two Houses, and for expediting the Trial without giving up the power of Impeachments, or rendering them ineffectual. The Commons thought fit to propose to your Lordships. that a Committee of both Houses might be appointed for this purpose, at which Committee( when agreed to by your Lordships) it was first proposed that the time of Trial of the Lords in the Tower, should be put off till the other matters were adjusted, and it was then agreed, that the propositions as to the time of Trial, should be the last thing considered, and that the effect of this agreement stands reported upon your Lordships Books. After which the Commons communicated to your Lordships Committee, a vote of theirs( viz) that the Committee of the Commons should insist upon the former Vote of their House, and that the Lords Spiritual, ought not to have any Vote in any proceedings against the Lords in the Tower, and that when that matter should be settled. and the methods of Proceedings adjusted, the Commons would be then ready to proceed upon the Trial of the Pardon of the Earl of Danby, against whom they had before demanded judgement, and afterwards to the other Five Lords in the Tower, which Vote extended as well to the Earl of Danby as the other Five Lords. But the Commons as yet received nothing from your Lordships towards an Answer of that Vote, save that your Lordships have acquainted them, that the Bishops have asked leave of the House of Peers, that they might withdraw themselves from the Trial of the said Five Lords, with liberty of entering their usual protestations. And though the Commons Committee, have almost daily declared to your Lordships Committee, that that was a necessary point of right to be settled before the Trials, and offered to debate the same, your Committee always answered, that they had not any Power from your Lordships, either to confer upon or to give any answer concerning that matter, and yet your Lordships without giving the Commons any satisfactory answer to the said Vote, or permitting any conference or debate thereupon, and contrary to the said agreement, did on Thursday the Fourteenth of May sand a Message to the Commons, declaring that the Lords Spiritual as well as Temporal, had ordered that the Seven and Twentieth of this Instant May, be appointed for the Trial of the Five Lords, so that the Commons cannot but apprehended, that your Lordships have not only departed from what was agreed on, and in effect laid aside that Committee, which was constituted for preserving a good understanding betwixt the two Houses, and better dispatch of the weighty Affairs now depending in Parliament, but must needs conclude from the said Message and Vote of your Lordships, on the Fourteenth of May, that the Lords Spiritual have a right, and sit till the Court proceeds to the Vote of Guilty or not Guilty, and from the Bishops asking leave as appears by your Lordships Books two days after your said Vote, that they might withdraw themselves from the Trial of the said Lords, with liberty of entering their usual protestations, and by their persisting still to go on, and give their Votes in proceedings upon Impeachments, that their desire of leave to withdraw at the said Trial, is only an evasive Answer to the before mentioned Vote of the Commons, and chiefly intended as an Argument for a right of Judicature, in proceedings upon Impeachments, and as a reason to Judge of the Earl of Danby's Plea of his pardon, and upon those and other like Impeachments, although no such Power was ever claimed by their Predecessors, but is utterly denied by the Commons. And the Commons are the rather induced to believe it so intended, because the very asking leave to withdraw, seems to imply a right to be there, and that they cannot be absent without it, because by this way they would have it in their power whether or no for the future, either in the Earl of Danby's case or any other; they will ever ask leave to be absent; and the Temporal Lords alike Power of denying leave, if that should be admitted once necessary. The Commons therefore are obliged not to proceed to the Trial of any of the Five Lords, the Seven and Twentieth of this Instant May, but to adhere to their former Vote, and for their so doing, besides what hath been now and formerly by them said to your Lordships, do offer you these reasons following. First, because your Lordships have received the Earl of Danby's Plea of his pardon, with a very long and unusual protestation, wherein he hath aspersed His Majesty by false Suggestions, as if His Majesty had commanded or countenanced the Crimes he stands charged with, and particularly suppressing and discouraging the discovery of the Plot, and endeavouring to introduce an Arbitrary and Tyrannical way of Government, which remains as a scandal upon record against His Majesty, tending to render His Person and Government odious to His People, against which it ought to be the Principal care of both Houses to vindicate His Majesty, by doing Justice upon the said Earl. 2ly. The setting up a pardon to be a Bar of an Impeachment, defeats the whole use and effect of Impeachments, or should this point be admitted or stand doubted, it would totally discourage the exhibiting any for the future, whereby the chief Institution for the preservation of the Government would be destroyed, and consequently the Government itself, and therefore the case of the said Earl( which in consequence concerns all Impeachments) ought to be determined before that of the said Five Lords, which is but their particular case. And without resorting to many Authorities of great Antiquity, the Commons desire your Lordships to take notice( with the same regard they do) of the Declaration, which that Excellent Prince King Charles the first of Blessed Memory, made in this behalf in his Answer to the Nineteenth Proposition of both Houses of Parliament, wherein stating the several parts of his regulated Monarchy, he says, the King, the House of Lords, and the House of Commons, have each particular privileges, and amongst those which belongs to the King, he reckons of pardoning after the Enumerating of which and other his Prerogatives, His said Majesty adds this again, that a Prince may not make use of his High and Perpetual Power, to the hurt of those for whose good he hath it, and make use of the Name of public necessity for the gain of his private favourites and Followers, to the detriment of his People. The House of Commons( an excellent conserve of liberties) is solely entrusted with the first propositions concerning Levies of moneys, and the Impeaching of those, who for their own ends( though countenanced by any, surreptitiously gotten command of the King) have violated that Law which he is bound( when he knows it) to protect and to the protection of which they were bound to advice him, at least not to serve him in the contrary. And the Lords being entrusted with the Judicatory Power, are an excellent Screen and bank between the Prince and the People, to assist each against any Eneroachments of the other, and by just judgement to preserve that Law, which ought to be the rule of every one of the Three. Therefore the Power legally placed in both Houses, is more then sufficient to prevent and restrain the Power of Tyranny. 3ly. Until the Commons of England have right done them against this Plea of pardon, they may justly apprehended that the whole Justice of the Kingdom in the case of the Five Lords, may be obstructed and defeated by Pardons of the like nature. 4ly. An Impeachment is virtually the voice of every particular Subject of this Kingdom, crying out against an oppression, by which every Member of that Body equally wounded, and it would prove a matter of ill consequence, that the universality of the People, should have occasion minstred and continued to them, to be apprehensive of utmost dangers from the Crown, whereby they of right expect preservation. 5ly. The Commons exhibited Articles of Impeachment, against the Earl of Danby, before any of the other Five Lords, and demanded judgement upon those Articles, whereupon your Lordships having appointed the Trial of the said Earl, to be before that of the other Lords. Now your Lordships having since inverted that order, gives a great cause of doubt to the House of Commons, and raises a jealousy in the Hearts of all the Commons of England, that if they should proceed upon the Trial of the said Five Lords. In the first place, not only Justice would be obstructed in the case of those Lords, but that they shall never have right done them in the matter of the Plea of Pardon, which is of so fatal consequence to the whole Kingdom, and a new device to frustrate public Justice in Parliament. Which Reasons and Matters being duly weighed by your Lordships, the Commons doubt not but your Lordships will receive satisfaction, concerning their propositions and proceedings, and will agree that the Commons, ought not nor cannot without deserting their trust, depart from their former Vote, communicated to your Lordships. That the Lords Spiritual ought not to have any Vote in any proceedings against the Lords in the Tower, and when that matter shall be settled, and the methods of proceedings adjusted, the Commons shall then be ready to proceed upon the Trial of the Earl of Danby, against whom they have already demanded judgement, and afterwards to the Trial of the other Five Lords in the Tower. Ordered, That all Committees be revived and do sit this Afternoon in the places formerly appointed. Ordered, That the Committee to whom the Bill for reversing Out-larys in the Kings Bench, be Impoured to consider of the Supersedeas out of the Court of common Pleas, and that Sir Richard Head. Mr. Wright. Mr. Morgan. Mr. Midmay. Mr. Papillon. Mr. brown. Mr. Williams. Mr. Pilkington. Mr. Alderman Love, Be added to the said Committee. Sir John Trevor reports from the Committee appointed to join with the Committee of Lords, to consider of Propositions and circumstances, relating to the Trials of the Lords in the Tower, that the said Committee had Communicated to the Committee of Lords, the instructions this day given them by this House, unto which the Lords of the Committee gave this Answer, that they had no Power from their House, to give any further Answer to those matters, or to debate the same with the Committee of this House. Resolved, &c. That a Message be sent to the Lords, to desire their Lordships to sit some time, and that Sir Thomas Meres do go up with the said Message. Resolved, &c. That a Conference be desired with the Lords, upon matters of great Importance to the Kingdom, and for preserving a good Correspondence between the two Houses, and that Sir John Trevor do go up with the said Message. A Message from the Lords by Sir Timothy Baldwin, and Sir Miles cook. Mr. Speaker. The Lords desire a present free conference with this House in the painted Chamber, upon the Subject matter of the last free conference, upon the Bill for securing the liberty of the Subject, and for prevention of Imprisonments beyond the Seas. The Messengers being withdrawn. Resolved, &c. That this House doth agree to meet the Lords, at a present free Conference in the Painted Chamber. The Messengers being called in. Mr. Speaker, acquaints them that this House had agreed to meet the Lords, at a present free conference in the Painted Chamber. Ordered, That the Members of this House that managed the last free Conference, had with the Lords about the amendments made to the Habeas Corpus Bill, do attend and manage this free conference. Sir Thomas M●res Reports that he had attended the Lords with the Message, and that the Lords had agreed to set for some convenient time. Ordered, That Sir George Spike have Leave to go into the Country for three weeks. Ordered, That Sir William Morley have leave to go into the Country for fourteen days. Sir John Trevor Reports, that the Lords had agreed to a present Conference in the Painted-Chamber. Ordered, That the Members that prepared the Answer and Reasons, do attend and manage this Conference. Mr. Hamden Reports the matter of the Free Conference concerning the Bill for the better securing the Liberty of she Subject, and for prevention of Imprisonments beyond the Seas. Ordered, That the Report from the Committee appointed to examine concerning the Train of Artillery, shipped for Portsmouth, be made to morrow morning. Resolved, &c. That a Free Conference be desired with the Lords upon the Subject matter of the last Free Conference upon the Bill for securing the Liberty of the Subject, and for prevention of Imprisonments beyond the Seas. And then the House Adjourned till to morrow morning Seven of the Clock. Martis 27. die Maii 1679. A Petition of the Royal african Company, was red; setting forth, That whereas the Committee appointed to examine into the Miscarriages of the Navy, have received some Complaints against the Petitioners; and this House has referred the Examination thereof to the said Committee. And for as much as the matter of Complaint is of a great concern to the public, and the Justification of the Petitioners depend upon the Construction and Validity of their Charter. The Petitioners therefore pray that the whole matter may be heard at the Bar of the House. Ordered, That the Merits of the said Petition be heard at the Bar of the House, on Thursday seven night next. Sir John Trevor Reports from the Committee of Elections and privileges, that the Committee had taken into consideration the matter of the Election for the burrow of Budely in the County of Worcester, and had heard the Evidence on both sides, and came to the following Resolutions. Resolved, &c. That this Committee is of opinion that all the Inhabitants of the burrow of Budely in the County of Worcester, have not Right to Vote in Elections of Members to serve in Parliament for the said burrow. The Question being put to agree with the Committee in the said Vote. The House divided. The Noes go forth. Tellers Sir Herbert Crofts for the Noes 92. Sir John guys. Tellers Sir Francis Drake for the Yeas 199. Mr. Colt. And so it was Resolved in the Affirmative. Resolved, &c. That this House doth agree with the Committee. That all the Inhabitants of the burrow of Budely in the County of Worcester, have not right to Vote in the Elections to serve in Parliament for the said burrow. Resolved, &c. That this Committee is of opinion that Mr. Philip Foley is duly Elected to serve in this present Parliament, for the burrow of Budely in the County of Worcester. Resolved, &c. That this House doth agree with the Committee. That Mr. Philip Foley is duly Elected to serve in this present Parliament for the burrow of Budely in the County of Worcester. Ordered, That the Lord Annesley have leave to go into the Country. Ordered, That Mr. Hunt have leave to go into the Country. Ordered, That Mr. Ayliffe have leave to go into the Country. Ordered, That Mr. Franckland have leave to go into the Country. Ordered, That Sir Thamas Clargis do go up to the Lords to desire a Free Conference Yesterday resolved upon. Ordered, That all the Members that are in White-Hall, be immediately sent for to attend the Service of this House. Ordered, That Sir scroop How have leave to go into the Country. Sir Thomas Clargis Reports that the Lords had agreed to a Free Conference, and had appointed it presently in the Painted-Chamber. A messsage from the Lords by Sir John Hoskins. Mr. Speaker, The Lords desire that this House will sit, for they have received Information, that His Majesty is coming in his Royal Robes, to say something to both Houses. Resolved &c. That this House will sit for some time. A messsage from the King by Sir Edward Carteret Usher of the Black-Rod. Mr. Speaker, The King Commands this honourable House to attend him immediately in the House of Lords. And accordi●gly Mr. Speaker, with the House, went up to attend His Majesty in the House of Lords, where His Majesty was pleased to signify His Pleasure by the Lord Chancellor, to Prorogue both Houses of Parliament, until the 14th. day of August next. And both Houses were Prorogued accordingly. FINIS.