House of Lords Journal Volume 13: 16 December 1680

DIE Jovis, 16 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Collop versus Jefferies, &c.

Upon reading the Petition of John Jefferyes Esquire, and John Steventon of London, Grocer; shewing, "That they, together with James Metham and Thomas Goston, who live at Newcastle, were, by Order of the 8th Instant, required to answer to the Appeal of William Collop, depending in this House against them, within One Week next after Notice; and that, being all concerned to answer jointly, they cannot answer so soon as the said Order requires; and therefore pray a longer Day may be assigned for that Purpose:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Jefferies and John Steventon, as also James Metham and Thomas Goston, shall have Fifteen Days longer Time given them for putting in their Answers to the said Appeal depending in this House against them.

Bateman versus Foot.

Upon reading the Petition of Sir Thomas Bateman Baronet, being an Appeal from a Decree and several subsequent Orders made in the Court of Chancery, in a Cause there depending, wherein Sir Thomas Foote Knight and Baronet was Plaintiff, and the Petitioner Defendant, concerning the Redemption of a Mortgage of the Manor of How-hall and Roylands, alias How-hall cum Roylands, in the County of Norfolke, made by the said Appellant to the said Sir Thomas Foote, and the Matters in his said Appeal suggested:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Thomas Foote be, and is hereby, required to put in his Answer to the said Appeal, in Writing, within Eight Days next after Notice given him by the said Sir Thomas Bateman for that Purpose.

Clapham versus Foster & al.

Upon reading the Petition of Sir Christopher Clapham Knight, being an Appeal from a Decree made in the Court of Chancery, and a Dismission of his Bill of Review, concerning certain pretended Customs of the Manor of Clapham, in the County of Yorke, confirmed by the said Decree, and other Matters in the said Appeal suggested; and praying, "That William Foster, John Nicholson, and James Altham, and the rest of the customary Tenants of the said Manor, may make Answer thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Foster, John Nicholson, and James Altham, and other the customary Tenants of the said Manor, be, and they are hereby, required to put in their Answer, or several Answers, to the said Appeal, in Writing, within Fourteen Days next after Notice of this Order given to the said William Foster, John Nicholson, and James Altham, for that Purpose.

Hearing of Causes put off.

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That, in regard of the Public Business now before this House, the Hearing of all Private Causes between Party and Party be, and are hereby, put off till after Christmas Holydays; and then they are to come on in the same Course as they now stand.

Address for bringing over Witnesses concerning the Plot in Ireland.

Upon Report made from the Lords Committees for examining Matters relating to the late horrid Plot and Conspiracy, "That Paul Gurmley and George Macgodden, now in Ireland, are material Witnesses for the further Discovery of the carrying on of the said Plot in that Kingdom:"

It is 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 to give Order for the safe bringing over of the said Paul Gurmley and George Macgodden, out of Ireland, to this House, for the Purpose aforesaid."

Turner & Ux. versus Zouch.

Upon reading the Petition of Gawen Turner and Anne his Wife, being an Appeal from a Decree made in the Court of Chancery, on the 26th of June, 1680, in a Cause there depending, wherein James Zouch Esquire was Plaintiff, and Arthur Earl of Anglesey, Trustee for the Appellants, and the said Appellants, Defendants, concerning the Estate and Payment of the Debts of the said James Zouche's Father, and other Matters in the said Appeal suggested:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Zouch be, and is hereby, required to put in his Answer to the said Appeal, in Writing, within Six Days next after Notice given him by the said Appellants for that Pur pose.

Report concerning Dowdall, a Servant to the Spanish Ambassador.

The Earl of Essex gave the House an Account, That Mr. Bridgeman hath waited on the Spanish Ambassador, and gave him an Intimation, that one Francis Dowdall a Taylor, His Majesty's Subject, hath been proceeded against, for being a Papist, and harbouring in his House a Person who is a convicted Papist contrary to Law, and pretends he is a Servant to the said Ambassador, and thereby pleads a Privilege; the said Ambassador owns the said Dow dall to be his Servant, hired at Brussells; and desires the said Dowdall may be permitted to return again to Brussells, and he will take Care to prevent the like for the future, that his Servants shall be no Inconvenience."

Hereupon the House made the ensuing Order:

Dowdall not to be farther prosecuted

"Whereas, by Order of the 14th Day of this Instant December, it was directed, That Mr. Attorney General should prosecute Francis Dowdall, a Papist, for entertaining Francis Hall, a convicted Papist, in his House, contrary to Law; this House being this Day informed, that the said Francis Dowdall is within a few Days to depart out of this Kingdom: It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Attorney General forbear Prosecution of the said Francis Dowdall by virtue of the aforesaid Order, if he shall depart this Kingdom accordingly."

Protestant Dissenters, for distinguishing, Bill.

The House was adjourned into a Committee, to proceed in the Bill for distinguishing Protestant Dissenters from Popish Recusants.

The House was resumed.

And the Earl of Bridgewater reported, "That the Committee of the whole House have been in further Consideration of the Bill for distinguishing Protestant Dissenters from Popish Recusants; and the Committee is of Opinion, That the Statute of 3° Jacobi, mentioned in the Bill, is fit to stand in the Bill; but that some of the Judges may be appointed to draw up a Proviso, to keep in Force the 27, 28, and 29 Sections in the said Act; as also to give the House an Account, To-morrow Morning, whether any other Statutes impose any Penalty for refusing the Oath of Allegiance, besides that Statute."

The House agreed with the Opinion of the Committee; and named Justice Raymond, Baron Atkyns, and Baron Weston, for the Purposes aforesaid; and to give this House an Account thereof To-morrow Morning.

St. Leger versus Barrett.

Upon reading the Petition of John St. Leger Esquire; shewing, "That he hath long been kept out of the Possession of certain Lands in Ireland, by the Appeal of John Barrett Esquire from a Decree made in the Court of Chancery in Ireland, concerning the same, to which Appeal he hath put in an Answer; and praying that a Day may be appointed for hearing the Cause upon the said Appeal and Answer:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, upon the said Appeal and Answer, on Thursday the Twentieth Day of January next, at Ten of the Clock in the Forenoon; and that the affixing of this Order upon the Doors of this House shall be a sufficient Signification thereof to the said John Barret, and all other Persons concerned therein.

Ly. Abergavenny's Papers to be delivered to Ly. Goring.

Whereas, by Order of the 8th Instant, a Trunk of Writings, brought to the Lords Committees for examining Matters relating to the late horrid Plot and Conspiracy, from the Lady Dowager Abergavenie's House at Sherbourne, in Oxfordshire (being now in the Custody of the Clerk of the Parliaments), was directed to be delivered to Mr. Thursby Counsellor at Law, he giving an Acquittance to the Clerk of the Parliaments upon his Receipt thereof:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Trunk of Writings shall be delivered to the Lady Goringe, in the Presence of the said Mr. Thursby, they giving to the Clerk of the Parliaments their Acquittance upon his Delivery thereof.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 17^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 20th Day of December, 1680, by us,

Huntingdon.
J. Bridgewater.
Craven.
P. Bath & Wells.