House of Lords Journal Volume 13: 8 November 1680

DIE Lunæ, 8 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Bristol takes the Oaths.

This Day John Earl of Bristol 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 fitting in either House of Parliament.

Thanks to the Bishop of St. Asaph.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House be, and are hereby, given to the Lord Bishop of St. Asaph, for his Pains in preaching before their Lordships on Friday last, being the Anniversary Thanksgiving to Almighty God for the Deliverance of this Kingdom from the Gunpowder Treason; and his Lordship is hereby desired to cause his Sermon then preached to be printed and published.

Protestant Dissenters to be distinguished from Recusants.

It being moved, "That an Address may be presented to His Majesty, that He will please to take an effectual Course that the Laws against Recusants may not be put in Execution against Protestant Dissenters, but that a Distinction may be made between them and Popish Recusants; and that a Non Prof. may be entered in the Exchequer for the Discharge of Protestant Dissenters, which are or shall be brought into the Exchequer upon any Statute against Recusancy:"

After some Time spent in Debate thereof, it is ORDERED, That the Consideration of this Business is to be taken up on Wednesday next; at which Time the Judges are to be present, and the Statutes against Recusancy to be considered of.

Message to H. C. for a Conference about the Plot in Ireland.

A Message was sent to the House of Commons, by Baron Atkins and Baron Gregory:

To desire a present Conference, in the Painted Chamber, concerning some Informations relating to the Discovery of a horrid Popish Plot in Ireland.

Cler. Parl. to deliver to Commissioners of the Treasury, Bonds, Bills, &c. of the Conspirators.

This House being moved, by the Earl of Essex, "That the Lords Commissioners of His Majesty's Treasury may have all such Bonds, Bills, Deeds, and Evidences, and Papers, (now remaining in the Custody of the Clerk of the Parliaments) which make out the particular Estates of some of the Jesuits lately executed for High Treason, and of other their Associates and Consederates, or given to superstitious Uses, which are forfeited to His Majesty:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That John Browne Esquire, Clerk of the Parliaments, be, and is hereby, authorized and required to deliver (out of the Bags and Boxes or Trunks of Papers in his Custody) all such Bonds, Bills, Deeds and other Papers, as relate to any of the Persons or Uses aforesaid, to such Person or Persons as the Lords Commissioners of His Majesty's Treasury shall authorize to receive the same; the said Person or Persons giving an Acquittance unto the Clerk of the Parliaments for such Papers (of what Kind foever) as he or they shall by Virtue of this Order and the Authority of the said Lords Commissioners receive from him.

Stroude versus Price, who sued him for releasing Kilegrew, King's Servant.

Upon reading the Petition of Essex Stroude Esquire, High Bailiff of the Liberty of Westminster; complaining of some Proceedings had against him in the Court of King's Bench, by Thomas Price Millener, and John Ince his Attorney, before the Lord Chief Justice of that Court, for the Recovery of a Debt owing to the said Price, by Henry Killigrewe Esquire, One of the Grooms of His Majesty's Bedchamber, who was discharged from Imprisonment by Order of this House, being arrested for the said Debt in the Time of Privilege, contrary to Privilege:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Price and John Ince be, and are hereby, required to appear at the Bar of this House To-morrow, at Ten of the Clock in the Forenoon, to answer to the said Complaint; and that the said Lord Chief Justice of the Court of King's Bench have Notice given him, to be present in this House at the Time aforesaid.

The Messengers return with this Answer:

Answer from H. C.

That the House of Commons will give a present Conference, as is desired.

Heads for a Conference on the Irish Plot.

The House named these Lords following, to manage this Conference; and to deliver them the Transcripts of the Informations concerning the horrid Plot in Ireland; and to acquaint the Commons, that there are other Papers concerning that Business in the Custody of the Clerk of the Parliaments, delivered to him by the Clerk of the Privy Council, by Directions from His Majesty, for which a Receipt is given for them; which Papers are ready to be transmitted to such as the Commons shall appoint to receive them, giving a Receipt for them this Afternoon: And whereas the Information of David Fitzgerald is the Original, to desire the same may be returned to the Clerk of the Parliaments:

The Lord Chancellor.

Lord Privy Seal.

Duke of Monmouth.

Earl of Salisbury.

Earl of Huntingdon.

Earl of Bridgewater.

Earl of Clarendon.

Earl of Shaftesbury.

Report of the Conference.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

And the Lord Privy Seal reported, "That the Lords, who were the Managers of the Conference, had delivered the Transcripts of the Informations, and desired the Return of that which was an Original."

Plunket to be searched in Newgate.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Edmond Warcup Esquire, One of His Majesty's Justices of the Peace for the County of Midd. and Liberties of Westm. be, and is hereby, authorized and required forthwith to repair alone to the Prison of Newgate, and to search Oliver Plunket now close Prisoner there, and take an Account of what Papers he shall find with or about the said Oliver Plunket, but not to take from him any Papers which may relate to his Defence; and that the said Edmond Warcup give this House an Account of what he shall do therein.

Crabb and Goldsmith versus Fenton.

Whereas this House had appointed to hear Counsel upon the Appeal of William Crabb and Thomas Goldsmith, and the Answer of Elizabeth Fenton, on Wednesday next; it being alledged, by the Petition of Lancelot Appleby, on Behalf of the said Appellant, "That he is lame, and his Clients are One Hundred Miles out of Town, and cannot be so soon ready; and therefore prayeth that the said Hearing may be put off to a longer Day:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hearing by Counsel at the Bar on both Parts be, and is hereby, put off to Wednesday the 17th of this Instant November, at Ten of the Clock in the Forenoon; whereof the said Lancelott Appleby is to cause timely Notice to be given to the said Elizabeth Fenton, to prevent her attending with Counsel on Wednesday next.

Bill to clear London, &c. of Papists.

The House was adjourned into a Committee, to take further Consideration of the Bill for freeing the City of London and the Parts adjacent from Popish Inhabitants.

The House being resumed;

The Earl of Bridgewater reported, "That the Subcommittee have reported to the Committee some Amendments in the said Bill, to which the Committee have agreed; and offer the same to the Consideration of the House."

The said Amendments were read Twice, and Agreed; and the said Bill ordered to be engrossed, with the said Amendments.

Abuses in the Commissions of the Peace to be enquired into.

ORDERED, That a Committee be appointed, to enquire into the several Abuses in altering the Commissions of the Peace, and prepare an Address to His Majesty thereupon.

These Lords were named a Committee for that Purpose:

Their Lordships, or any 5 of them; to meet To-morrow Morning, at 8 of the Clock, in the Prince's Lodgings; and to adjourn as they please.

Clerk of the Crown to attend the Committee for that Purpose.

ORDERED, That the Clerk of the Crown in Chancery, or his Deputy, be, and is hereby, required to attend the Lords Committees appointed to enquire into the several Abuses in altering the Commissions of the Peace, To-morrow Morning, at 8 of the Clock, in the Prince's Lodgings, near the House of Peers, with their Books concerning the Commissions for the Peace.

Turner to be attached, for apprehending Beckwith, instead of an Irish Russian.

Whereas John Turner undertook, by Warrant of this House granted to him on that Behalf, to apprehend , who is supposed to be One of the Irish Russians mentioned in One of His Majesty's late Proclamations concerning them, and instead thereof hath brought one Beckwith, an Englishman and a Protestant, to his great Prejudice and Damage:

It is ORDERED by the Lords Spiritual and Temporal in Parliament assembled, That the said Beckwith be discharged; and that the said John Turner pay the Charges of apprehending him, and stand committed to the Custody of the Serjeant at Arms attending this House till he pay the same; and this shall be a sufficient Warrant on that Behalf.

To Sir Geo. Charn'ck Knight, Serjeant at Arms attending this House, his Deputy and Deputies, and every of them.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, 9^um diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.