Journal of the House of Lords: Volume 13, 1675-1681. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 27 die Octobris.
Dr. King versus Fletcher, in Error.
Upon reading the Petition of John King Doctor in Physick; shewing, "That having obtained a Judgement, in the Name of John Legg Plaintiff, as the Petitioner's Lessee in Ejectment, against Christopher Fletcher Gentleman, in the Court of Common Pleas; which Judgement is affirmed in the Court of King's Bench, the said Christopher Fletcher hath obtained a Writ of Error thereupon, returnable in this Court, but delayeth to bring in the same; and therefore prayeth, that he may be at Liberty to take out Execution upon the said Judgement:"
It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Christopher Fletcher be, and is hereby, required to cause the said Writ of Error, together with the Transcript of the said Judgement, to be brought into this Court within Ten Days next after the Date of this Order; or else the said Writ of Error to be void; whereof the said John King is to cause timely Notice to be given to the said Christopher Fletcher for that Purpose.
Bill to clear London, &c. of Papists.
And the Earl of Hallyfax reported, "That the Committee have gone through several Paragraphs of this Bill; and desire that the House would give them Leave to proceed further therein on Friday Morning next."
The Earl of Shaftesbury reported from the Committee appointed to receive all Informations tending to the Discovery of the late horrid Plot and Conspiracy against His Majesty's Person and Government, an Information which was brought them, and read in the House, as followeth:
Arnold's Information concerning Convict Papists suffered to escape at Monmouth.
"Midd. et Westm. The Information of John Arnold "Esquire, taken upon Oath, this 27th of October, 1680, before me Edmund Warcupp Esquire, by Command of the Right Honourable the Lords Committees for Discoveries of the late Popish Plot.
"This Informant saith, That, at the last Michaelmas Sessions held at Monmouth, for the County of Monmouth, before Sir James Herbert, Captain Wolseley Governor of Chepstowe, Trevor Morgan, William Herbert, and the said John Arnold Esquire, Five of His Majesty's Justices of the Peace for the said County, there appeared between Twenty and Forty Popish Recusants Convict, upon the Statute of Premunire, for refusing the Oaths of Allegiance and Supremacy; who, being come to the Bar, were asked by this Informant, Man by Man, "What they had to say why Judgement should not pass that Sessions against them?" And when this Informant asked the Third Man the said Question, he and the rest of the Papists clapt on their Hats, put their Arms a-kimbo, and went scornfully out of Court; and were several Times required by the Court to come back, but refused. Whereupon the Under Sheriff, Francis Jenkins, was commanded to fetch them back. But he answered, "He wanted Power; the Gaoler had given him Security, and let him look to it." Upon which, the Court was moved to sine him for his Contempt, which was looked upon to be as great as that of the Papists; which Three of the Five Justices then present, being the major Number, refused; saying, "They had never a Lawyer with them, and they would advise with Mr. Edmund Jones upon it;" but refused to act any more that Sessions, either in giving Judgement, or sining the Sheriff; Sir James Herbert, Captain Wosley and William Herbert Esquires, being the said Three Justices who by Majority of Voices overruled the same. Upon which, this Informant and Trevor Morgan Esquires left the Bench, declaring "that they would apply for Justice against the said Three Justices and the Sheriff, where they should be heard, and have Justice done upon them." And this Informant going from the Hall, saw many of the said Papists at Liberty, clapping on their Hats, and smiling at and deriding this Informant; and, as this Informant hath been credibly informed, and doubts not to make appear, the said Convicted Papists, or many of them, have been seen to ride about the Country where they pleased, ever since their Conviction and their Commitment to the Gaol for the Causes aforesaid. And further faith not.
Jenkins, the Under Sheriff, to be attached.
"Upon Complaint and Oath made, against Francis Jenkins Under Sheriff of the County of Monmouth, That, at the last Michaelmas Sessions, held at Monmouth, for the said County, he refused to secure and bring into Court some Convicted Papists, who departed without Leave, and in Contempt of the said Court of Sessions, when he was commanded by the said Court to secure and bring them in: It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy, do forthwith attach the Body of the said Francis Jenkins, and bring him in safe Custody to the Bar of this House, to answer for his said Offence; and this shall be a sufficient Warrant on that Behalf.
"To Sir George Charnock Knight, Serjeant at Arms attending this House, his Deputy and Deputies, and to all Mayors, Sheriffs, Bailiffs, Constables, and other His Majesty's Officers Civil and Military, to be aiding and assisting in the Execution hereof."
Sir Ja. Herbert & al. Justices there, to attend about it.
"Upon Information to this House, That, at the last Michaelmas Sessions, held at Monmouth, for the County of Monmouth, before Sir James Herbert, Captain Wolseley Governor of Chepstow, Trevor Morgan, William Herbert, and John Arnold, Esquires, Five of His Majesty's Justices of the Peace for the said County, Sir James Herbert, Captain Wolsey, and William Herbert, Three of the said Justices, who by Majority of Voices over-ruled the said Court of Sessions, refusing thereby to fine the Under Sheriff Francis Jenkins for his Contempt of the said Court, in not securing and bringing into Court divers Convicted Papists, who had misbehaved themselves, and departed in Contempt of the Court, when he the said Under Sheriff was required thereunto: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir James Herbert, Captain Wolsley, and William Herbert, be, and are hereby, required to make their personal Appearance at the Bar of this House on Saturday the 13th Day of November next, at Ten of the Clock in the Forenoon, to make Answer to the said Information; and hereof they may not fail."
Crab and Goldsmith versus Fenton.
Upon reading the Petition of William Crab and Thomas Goldsmith, Merchants of Bristoll; shewing, "That, upon their Appeal put into this House, Elizabeth Fenton Widow was, on the 14 Day of April 1679, ordered to put in her Answer thereunto within 14 Days; which she hath not done yet, but hath proceeded in Chancery against the Petitioners, for not performing the Decree appealed from; and therefore prays Relief:"
It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Elizabeth Fenton be, and is hereby, required to put in her Answer in Writing to the said Appeal, on or before Wednesday the Third Day of November next, at Ten of the Clock in the Forenoon.
King's Answer about De Faria, Oates and Plunkett.
The Lord Chamberlain of His Majesty's Household reported, "That he and the other Lords have delivered to His Majesty the several Addresses of this House; videlicet, One made on the Behalf of Francisco de Faria, for Allowance to be made to him; to which His Majesty is pleased to give this Answer, That He will make an Allowance as is desired:
His Lordship likewise reported, "That His Majesty will give Order for the safe and speedy bringing over of Oliver Plunket, the Titular Primate of Armagh, as is in their Lordships Address for that Purpose.
"And likewise that His Majesty takes very kindly the Thanks of this House, tendered to Him for his Gracious Answer to your Lordships Address for His Majesty's issuing His Proclamation to such as shall come in and make further Discovery of the late horrid Plot and Conspiracy."