House of Commons Journal Volume 9: 17 April 1679

Jovis, 17 die Aprilis, 1679.

Prayers.

Militia.

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.

Committees.

Ordered, That all Committees that were discontinued be revived; and do sit this Afternoon, in the Places formerly appointed.

Leicester Writ.

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 Knight of the Shire, to serve in this present Parliament for the County of Leicester.

Leicester Election.

Ordered, That this House will, on Saturday next come Sevennight, take into Consideration the Matter of the Miscarriages touching the Election for the County of Leicester.

Warwick Election.

Ordered, That the Committee of Elections and Privileges do sit on Wednesday next, in the Afternoon: And that the Matter of the Election for the County of Warwick be referred to the said Committee; to examine the Matter thereof; and 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.

Leave of Absence.

Ordered, That Mr. Edward Seymour have Leave to go into the Country for Fourteen Days.

Ordered, That Mr. Gerrard Russell, and Mr. Knight, have Leave to go into the Country for Six Days.

Supply Bill; disbanding the Army.

Ordered, That the Committee appointed to bring in a Bill for paying off and dismissing the Forces, do prepare and bring in a Clause, for appropriating the Money to that Use only; 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 put into the Exchequer;

The House divide.

The Noes go forth.

And so it was resolved in the Affirmative.

Resolved, &c. That the Supply granted to his Majesty, for the paying off and dismissing the Forces, shall be paid into the Exchequer.

Leave of Absence.

Ordered, That Mr. Eversfeild, Mr. Deering, and Mr. Goddard, have Leave to go into the Country till Friday in Easter Week.

Ordered, That Sir John Fagg have Leave to go into the Country, in order to the Recovery of his Health.

Earl Danby's Impeachment.

Ordered, That a Committee of Secrecy be appointed to prepare and draw up Evidence against Thomas Earl of Danby.

And it is referred to Colonel Titus, Sir Wm. Coventry, Sir Franc. Winnington, Mr. Williams, Sir Henry Capell, Serjeant Ellis, Mr. Sachaverell, Mr. Powle, Sir Robert Carr, Serjeant 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 impowered to send for Persons, Papers, and Records.

Lords Proceedings respecting Lords in the Tower.

Mr. Hamden reports from the Committee appointed to inspect the Journals 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 the Committee had inspected the Lords Journal, and found there entered as followeth; viz.

"8th of April 1679."

"The Earl of Shaftesbury reports from the Lords Committee of Privileges, to whom it was referred to consider of the Method and Progress of the Proceedings to be had upon the Tryals of the Lords now Prisoners in the Tower, upon the Impeachments brought up against them from the House of Commons, That their Lordships are of Opinion, That the Lords now Prisoners in the Tower ought to be brought to the Bar together, and kneel there, and then stand up, and hear the Articles of the Charge against them read."

Other Opinions, concerning Counsel; Persons to have Access; a Lord High Steward, &c.

"The Report agreed to, and this Order follows:"

"Whereas William Earl of Powys, William Viscount Stafford, William Lord Petre, Henry Lord Arundell of Wardour, and John Lord Bellasis, now Prisoners in the Tower of London, are impeached of High Treason, &c. by the Commons in Parliament assembled, who brought into the House particular Articles against them:"

"It is this Day ordered, by the Lords Spiritual and Temporal, &c. That the Lieutenant of the said Tower be, and is hereby required to bring the said Earl of Powys, Lord Viscount Stafford, Lord Petre, Lord Arundell of Wardour, and the Lord Bellasis, in safe Custody, to the Bar of this House, To-morrow at Ten of the Clock in the Forenoon; to hear the said Articles wherewith they stand charged read unto them: And, for so doing, This shall be his sufficient Warrant."

9 April, 1679.

They find that Lord Powys, Lord Stafford, Lord Petre, and Lord Arundell, were brought to the Bar; and kneeled, till the Lord Chancellor bid them stand up: And then the Articles were read to them; and the Lord Chancellor asked them, What they had to say for themselves; letting them know, that his Majesty would appoint a Lord High Steward for their Tryals.

Then the Lords made several Requests, in order to their Defence upon their Tryals: 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 Lord Powys, Lord Stafford, Lord Petre, Lord Arundell, and Lord Bellasis, by the Grand 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 send in their respective Answers thereunto; with further Time to answer to any new Articles that should be brought up; and Liberty to take out Copies of Records and Journals, &c.

At the End of which Order they find it thus entered.

"Then Notice being taken by the House, That the Lord Bellasis had not appeared at the Bar;"

"Thomas Plessington, and Robert Dent being sworn at the Bar, attested, That the Lord Bellasis is at this present so ill and lame with the Gout, that he is notable to stir out of his Bed, nor to turn himself in his Bed without Help:"

"Which reasonable Excuse the House allowing, the said Thomas Plessington, on Behalf of the Lord Bellasis, desired that his Lordship might have a Copy of the Articles; and that Counsel might be assigned 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 Tryals; 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.

"15th of April, 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, and Lord Arundell 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 present Sickness: Which the House received and read."

Ordered, 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 Tryals 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.

Committees.

Ordered, That all Committees, but the Committees 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 Samuel Bernardiston be added to the said Committee.

State of the Navy.

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, Eight of the Clock.