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 Jovis, 18 die Novembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
The Lord President of the Council sat this Day Speaker, supplying the Place of the Lord Chan cellor.
Hodie 2a vice lecta est Billa, "An Act to enable Sir Jerome Smithson Baronet, and Hugh Smithson Esquire, his Son, to make and settle a Jointure on Elizabeth Daughter of the Lord Langdale, now Wife of the said Hugh Smithson."
ORDERED, That the Consideration of this Bill is committed to these Lords following; videlicet,
Their Lordships, or any Five of them; to meet To-morrow, at Four of the Clock in the Afternoon in the Prince's Lodgings; and to adjourn themselves as they please.
Bishop of Carlisle excused.
This Day James Pattison and Edward James, upon Oath, testified, "That the Lord Bishop of Carlile is so sick and indisposed in the Country, that he is not able to take so great a Journey as to attend this House, without Danger of his Life:"
Whereupon his Lordship hath the Excuse of this House.
ORDERED, That Justice Jones is appointed to attend the Committee concerning Justices of the Peace, in the Room of Baron Weston.
Scudamore versus Morgan.
Upon hearing Counsel this Day at the Bar, as well upon the Petition of John Scudamore Esquire, complaining, "That, notwithstanding the Judgement of this House formerly given in this Case for a Trial at Law, concerning the Customs of the Manor of Kentchurch, with Lanithock and Wemgeney, in the County of Hereford, upon an Issue directed; the Verdict whereupon was found fully in Favour of the Petitioner (as in his Petition is suggested) the Court of Chancery have made several Orders and Decrees contrary thereunto, against which he prayeth Relief;"
As also upon hearing what was offered by Counsel, on the Behalf of John Morgan and others, concerned therein:
After due Consideration had of what was offered on either Part thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament as sembled, That the Orders and Decrees made in the Court of Chancery, which are complained of in the said John Scudamore's Petition, be, and are hereby, confirmed.
E. of Carlisle & al. to speak with L. Stafford, about a Petition of his.
ORDERED, upon the Petition of the Lord Viscount Stafford, That the Earl of Carlile and the Lord Howard of Esc. be, and are hereby, appointed to go to The Tower, and speak with the Lord Viscount Stafford, now a Prisoner there, about the Contents of his Petition presented and read this Day, and to give this House an Account thereof.
King's Answer to Address about Lewis's Pardon.
The Lord Chamberlain reported, "That His Majesty hath been made acquainted with the Desire of this House, that a General Pardon may be granted to William Lewis, according to His Majesty's Proclamation: And His Majesty's Answer is, That He will grant a Pardon, as is desired."
Zeale, Address for his Pardon.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend His Majesty, humbly to desire Him from this House, "That His Majesty will be pleased graciously to Grant His Royal Pardon to John Zealc, who hath made a considerable Discovery of the late horrid Plot and Conspiracy."
Arnold; versus Sir James Herbert et al. Justices of Monmouthshire.
The House having heard this Day the Witnesses of Mr. Arnold, to prove his Information against Sir James Herbert, William Herbert, and Captain Wolsley, Three of the Justices of the Peace for the County of Monmouth, and also heard their Counsel to make their Defence:
After Consideration had thereof, it is ORDERED, That the said Sir James Herbert, William Herbert, and Captain Wolseley, shall be called in.
And the Lord President did acquaint them with the Directions of the House; videlicet,
"My Lords take Notice, that you have not been so zealous as you ought to have been, in prosecuting the Papists at the Sessions; and therefore their Lordships have commanded me to reprehend you for it.
"That, notwithstanding, in respect the Lords have received a good Character of you, that you are found Protestants, and well affected to His Majesty's Government, they have thought fit to discharge you, with this Admonition, That for the future you be very vigorous in prosecuting the Laws against the Papists, according to your Duty."
The Question being put, "Whether this Paper shall be published at the next Quarter Ses sions for the County of Monmouth?"
It was Resolved in the Negative.
Then Mr. Arnold was called in; and, by Directions of the House, the Lord President said to him as follow eth:
"My Lords think very well of your Proceedings; and hold you for one well affected to His Majesty's Government; which, as Occasion may serve, you will hereafter perceive."
Message from H. C. to have all Papers, &c. relating to the Plot, communicated to them.
A Message was brought from the House of Commons, by Mr. Treby and others:
To desire their Lordships to communicate to the House of Commons all such Papers, Evidences, and Writings, relating to the Popish Plot, as have been received from the Clerks of the Privy Council; as also all Examinations and Informations touching the said Plot, as have been taken by their Lordships, or their Secret or any other Committee, in this or the Two last Parliaments.
The Answer returned by the Messengers was:
That the Lords have considered of their Message, and do agree to the same.
Papers, &c. to be delivered to the Clerk of H. C.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all such Papers, Evidences, and Writings, relating to the Popish Plot, as have been received from the Clerks of the Council, as also all such Examinations and Informations touching the said Plot, as have been taken by this House, or by the Lords Committees, for examining Matters relating to the said Plot, in this or the Two last Parliaments, shall be forthwith delivered to the Clerk attending the House of Commons, who is to give Receipts for what he shall receive as aforesaid.
Dodington versus Williams.
Whereas there is an Appeal of Hester Dodington, and George Dodington, depending in this House, and an Answer of Abraham Williams put in thereunto, and Saturday the 20th of this Instant November being appointed for hearing the same; this House being informed, "that the said Abraham Williams hath put in a dilatory Plea to the Appellant's Proceedings at Law, in the Court of King's Bench, for Reversal of a Fine, which cannot be heard in the said Court so soon, on Purpose to put off the Hearing before this House:"
It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the proper Officer of the Court of King's Bench, before whom the said Proceedings are, and in whose Custody the said Plea and Fine is, be, and is hereby, required to bring the Record, wherein the Dedimus and Caption is entered, on Saturday the 20th of this Instant, November, at Nine of the Clock in the Forenoon, into this House.
Mrs. Cellier to be proceeded against for High Treason.
This House being informed, by His Majesty's Attorney General, "That, upon an Indictment brought against "Mrs. Elizabeth Cellier, of High Treason, the said Elizabeth Cellier is, by the Grand Jury, found guilty of High Treason;" and Mr. Attorney General desiring to know the further Pleasure of this House concerning this Matter:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Attorney General do forthwith proceed to the Trial of the said Elizabeth Cellier upon the said Indictment, according to due Course of Law.
Dominus Præses Concilii declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 19um diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.
Hitherto examined, this 27th of November, 1680, by us,
P. Bath & Wells.