House of Lords Journal Volume 13: 3 November 1680

DIE Mercurii, 3 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day these Lords following took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, in Pursuance of the Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament:

Richard Lord Butler of Weston.

Edward Lord Ward.

Charles Lord Lucas.

Edward Lord Rockingham.

Fulke Lord Brooke.

John Lord Bishop of Oxon.

James Lord Bishop of Worcester.

Thomas Earl Rivers.

L. Conyers introduced.

The Lord Chancellor acquainted the House, "That the King hath been pleased to grant a Writ of Summons to the Lord Coniers, to sit in Parliament."

His Lordship was called in; and was introduced, in the usual Manner, between the Lord Ferrers and the Lord North and Grey.

The Writ of Summons was read, as followeth; videlicet,

His Writ of Summons:

"Carolus Secundus, Dei Gratia, Angliæ, Scoc. Franc. et Hiberniæ Rex, Fidei Defensor, &c. Prædilecto et Fideli Nostro Conyers Darcy de Conyers Chival. Salutem: Cum nuper, de Avisamento et Assensu Concilii Nostri, pro quibusdam arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Angliæ et Ecclesiæ Anglicanæ concernentibus, Parliamentum Nostrum, apud Civitatem Nostram Westm. Decimo Septimo die Octobris, Anno Regni Nostri Tricesimo Primo, teneri ordinabamus, et ibidem, cum Prelatis, Magnatibus, et Proceribus dicti Regni Nostri, Colloquium habere et Tractatum; quod quidem Parliamentum tunc et ibidem inceptum fuerat, et abinde, per separales Prorogationes, usque Vicesimum Tertium diem Augusti ult. præterit. continuat.; et ab eodem Vicesimo Tertio die Augusti, idem Parliamentum Nostrum, usque Vicesimum Primum diem Octobris ulterius prorogat. fuerat, apud Civitat. Nostram Westm. præd. ibidem, tunc tenend. et prosequend.; vobis, sub Fide et Ligeantia quibus Nobis tenemini, firmiter injungendo, mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis imminentibus, cessante Excusatione quacunque, Tertio die instantis Novembris, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, et cum Prelatis, Magnatibus, et Proceribus præd. super dictis Negotiis, tractatur. vestrumque Consilium impensur. Et hoc, sicut Nos et Honorem Nostrum, ac Salvationem et Defensionem Regni et Ecclesiæ prædict. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Westm. Primo die Novembris, Anno Regni Nostri Tricesimo Secundo.

"Barker."

Placed.

And because there was Question about the proper Place his Lordship was to be placed in, his Lordship withdrew, in regard the Matter would take up some Debate.

And the Opinion of the House was, "That his Lordship ought to be placed in the ancient Seat of the Lord Conyers."

His Lordship, being called in again, was placed in the ancient Place of the Lord Conyers, next below the Lord Stourton.

Mildmay versus Ducket.

Whereas this House had appointed to hear Counsel on both Parts, at the Bar, on Thursday the 4th Day of this present November, upon the Petition and Appeal of Thomas Ducket Esquire, and the Answer of William Mildmay and others, depending in this House; it appearing, by the Petition of the said Thomas Ducket, read this Day, that he is sick in Cambridgeshire, and therefore prayeth, that the said Hearing may be put off to a further Day:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hearing be, and is hereby, put off to Thursday the Eleventh Day of this Instant November, at Ten of the Clock in the Forenoon, whereof the Petitioner is to cause present Notice to be given to the said William Mildmay, to prevent his attending with his Counsel To-morrow.

Scudamore versus Morgan.

Whereas this House had appointed to hear Counsel, at the Bar, on both Parts, on Thursday the 4th Instant, upon the Petition of John Scudamore, of Kenchurch, in Heresordshire; it appearing this Day, by the Petition of John Morgan, "That he and the other Persons concerned had so late Notice thereof, as that they cannot be soon ready;" and therefore pray a longer Time:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hearing be, and is hereby, put off to Wednesday the 17th Day of this Instant November, at Ten of the Clock in the Forenoon; whereof the said John Morgan is to cause present Notice to be given to the said John Scudamore, to prevent his Attendance with his Counsel To-morrow Morning.

Crab and Goldsmith versus Fenton.

Whereas there is a Petition and Appeal of William Crabb and Thomas Goldsmith, Merchants of Bristol, depending in this House, to which Elizabeth Fenton hath this Day put in her Answer; it being moved, on the Behalf of the said Elizabeth, "That a Day may be appointed to hear the said Cause:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel at the Bar, on both Parts, upon the said Appeal and Answer, on Wednesday the Tenth Day of this Instant November, at Ten of the Clock in the Forenoon; whereof the said Elizabeth Fenton is to cause timely Notice to be given to the said Petitioners for that Purpose.

Turner versus Dod.

Upon receiving the Petition of Gawen Turner Gentleman, and Anne his Wife, being an Appeal from a Decree made in the Court of Chancery, on the 30th of June 1679, concerning their conveying divers Houses, Lands, and Tenements, at Epsome, in Surrey, to Edward Dod, Administrator of John Draper; and praying, "That the said Dod may put in his Answer thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edward Dod be, and is hereby, required to put in his Answer, in Writing, to the said Appeal, on Wednesday the Tenth of this Instant November, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause timely Notice to be given to the said Edward Dod for that Purpose.

E. Strafford, Privilege: Knollys, his Agent, compelled to serve as Constable.

Upon Complaint made to this House, "That Mr. Francis Knollys, menial Servant to the Earl of Strafford, a Peer of this Realm, but at present living in Covent Garden, being his Lordship's only Agent in and about the Cities of London and Westm. was, contrary to Privilege, in October, served with a Warrant to appear at Westm. to be sworn Constable of Covent Garden Parish, which he was constrained to attend, to the Neglect of his Lord's Occasions; which was done by the Appointment of one Robert Withrowe, a Taylor, One of the Burgesses of the City and Liberty of Westm:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Examination of this Case be and is hereby, referred to the Lords Committees for Privileges; whose Lordships are to consider whether Privilege of Parliament lie therein or no, and make Report unto the House.

Bederham, L. Huntdon's Steward, arrested.

Upon reading the Petition of Robert Lord Hunsdon, a Peer of this Realm; complaining, "That, contrary to Privilege of Parliament, one Nicholas Gorey, on Easter Eve last, caused Joseph Bodenham, his Lordship's menial Servant, to be arrested and imprisoned, by James Cooper a Bailiff, and his Followers, where he yet remaineth; and therefore prayeth the Justice of this House:'

Gorey and Cooper to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Nicholas Gorey and James Cooper be, and they are hereby, required to appear at the Bar of this House, to answer to the said Complaint, on Saturday the Sixth Day of this Instant November, at Ten of the Clock in the Forenoon; and hereof they may not fail.

Sir Oliver Boteler versus Regem, Sir. P. Warwick & al.

Upon receiving the Petition of Sir Oliver Boteler Baronet, being an Appeal from a Decree made in the Court of Chancery on the 22th of May, 1677, concerning the Payment of Six Hundred Pounds, or purchasing Lands of Thirty Pounds Per Annum, to be settled on the Vicarage of Shornbrooke, in the County of Bedford, and other Matters in the said Appeal suggested; and Praying, "That His Majesty's Attorney General, Bolton Relict of Alexander Bolton late Vicar of Shornbrooke aforesaid, and Tiffony now Vicar thereof, and Sir Phillip Warwick, may make Answer thereunto:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Attorney General, the said Bolton, and Tiffony, and Sir Phillip Warwicke, be, and are hereby, required to put in their Answer or several Answers to the said Appeal in Writing, within One Week next after Notice to each of them respectively given for that Purpose.

The Lord Butler of Weston is added to the Committee for Examinations.

Ireland, concerning the Plot there.

The Earl of Shaftesbury reported, "That he was ready to report some Papers concerning the Plot and Conspiracy in Ireland; which, being long, will require Time to read."

It is ORDERED, That the said Report be made To-morrow Morning.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continua dum esse usque in diem Jovis, 4^tum diem instantis Novembris, hora nona Aurora, Dominis sic decer entibus.

Hitherto examined, this 16th of November, 1680, by s,

J. Bridgewater.
Craven.
P. Bath & Wells.
Tho. Exon