House of Lords Journal Volume 13
22 March 1679

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1767-1830

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'House of Lords Journal Volume 13: 22 March 1679', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 471-474. URL: http://www.british-history.ac.uk/report.aspx?compid=11653 Date accessed: 19 April 2014. Add to my bookshelf


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DIE Sabbati, 22 die Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Rochester.
Epus. Ely.
Epus. Chichester.
Epus. Gloucester.
Epus. Bath & Wells.
Epus. Chester.
Epus. Landaff.
Epus. Lyncolne.
Epus. Exon.
Dux Cumberland.
Ds. Cancellarius.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
Marq. Worcester.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Pembrook & Mountgomery.
Comes Dorset & Midd.
Comes Salisbury.
Comes Bridgwater.
Comes Leycester.
Comes North'ton.
Comes Denbigh.
Comes Manchester.
Comes Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Stanford.
Comes Winchilsea.
Comes Carnarvon.
Comes Thannett.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes St. Alban.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Shaftesbury.
Comes Guilford.
Comes Sussex.
Vicecomes Say & Seale.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Newport.
Ds. Berkeley.
Ds. Morley.
Ds. De Grey.
Ds. Fitzwalter.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North & Grey.
Ds. Chandos.
Ds. Norris.
Ds. Grey de Wark.
Ds. Lovelace.
Ds. Paulet.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Herbert de Cherb.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard Brand.
Ds. Wotton.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Freschevile.
Ds. Arundell T.
Ds. Butler M. P.

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 of the King's Person and Government, by disabling Papists from sitting in either House of Parliament:

William Vicecomes Say & Seale.

Philip Earl of Pembrook & Mountgomery.

Arthur Earl of Anglesey, Lord Privy Seal.

L. Montague excused.

This Day Wellisborne Sill and Robert Dixon deposed, upon their Oath, at the Bar, "That Edward Lord Mountagu of Boughton is so ill with the Flux of Blood, that he cannot travel to attend this House without Danger of his Life."

Whereupon the House excused his Lordship's Absence.

King's Speech.

His Majesty, sitting in His Royal Throne, adorned with His Regal Crown and Ornaments, commanded Notice to be given to the House of Commons, that they presently attend Him.

Who being come, with their Speaker; His Majesty made a short Speech, concerning the Earl of Danby, Lord High Treasurer.

And, after a serious Debate thereof, it being Resolved, upon the Question, in the Affirmative;

Dissentientibus,

Northampton.
Lucas.
Bath.
R. Arundell.

The House appointed a Committee, to prepare a Bill pursuant to the whole Debate, more especially upon these Particulars:

"That Thomas Earl of Danby may be made for ever uncapable of coming into His Majesty's Presence, and of all Offices and Employments, and of receiving any Grants or Gifts from the Crown, and of sitting in the House of Peers:"

And their Lordships Resolutions herein to be communicated to the House of Commons, at a Conference.

Committee to prepare a Bill to disqualify the E. of Danby.

The Names of the Lords Committees were:

Dux Monmouth.
Marq. Winchester.
Comes Bridgwater.
Comes Rivers.
Comes Winchilsea.
Comes Essex.
Comes Shaftesbury.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
L. Wharton.
L. Grey de W.
L. Colepeper.
L. Holles.

Mr. Attorney General to assist their Lordships.

Their Lordships, or any Three of them; to meet this Afternoon, at Five of the Clock, in the Prince's Lodgings, for that Purpose.

Message to H. C. for a Conference.

A Message was sent to the House of Commons, by Sir Tymothy Baldwin and Sir William Beversham:

To desire a present Conference, in the Painted Chamber.

The Answer returned was:

Answer.

That the Commons will send an Answer, by Messengers of their own.

Message from H. C. to proceed against the E. of Danby, and commit him.

A Message was brought from the House of Commons, by the Lord Annesley and others; who said,

"He was commanded to demand Justice, in the Name of all the Commons of England, and to remind their Lordships of the Message sent by them to their Lordships Yesterday; which was, That their Lordships would immediately proceed upon the Impeachment of High Treason and other high Crimes and Misdemeanours against Thomas Earl of Danby, Lord High Treasurer of England, and cause him to be forthwith sequestered from Parliament, and his Person committed to safe Custody."

Message from thence, with an Address for a Fast.

A Message was brought from the House of Commons, by Sir Thomas Clargis and others:

To acquaint their Lordships, that the Commons have agreed upon an Address to be presented to His Majesty, for a Fast; wherein they desire their Lordships Concurrence.

Which Address was read, as followeth:

Address:

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal and the Commons in this present Parliament assembled, being deeply sensible of the sad and calamitous Condition of this Your Majesty's Kingdom, occasioned chiefly by the impious and malicious Conspiracies of a Popish Party, who have not only plotted and intended the Destruction of Your Majesty's Royal Person, but the total Subversion of the Government and true Religion established amongst us (all which our many and grievous Sins have justly deserved), and being now by Your Majesty's gracious Favour assembled in Parliament, as the Great Council of Your said Kingdom, to consult on such Means as we conceive fit to redress the manifold Evils wherewith the Nation is surrounded, do, in all Humility, beseech Your Majesty, That, by Your Royal Proclamation, One or more Days may be solemnly set apart, wherein both ourselves and all Your Majesty's loyal Subjects may, by Fasting and Prayer, seek a Reconciliation with Almighty God, and with humble and penitent Hearts implore Him, by His Power and Goodness, to infatuate and defeat the wicked Counsels and Imaginations of our Enemies, and continue His Mercies and the Light of His Gospel to us and our Posterity; and particularly to bestow His abundant Blessing upon Your Sacred Majesty and this present Parliament, that our Consultations and Endeavours may produce Honour, Safety, and Prosperity, to Your Majesty and Your People."

ORDERED, That this House agrees with the House of Commons in this Address, to be presented to His Majesty.

When His Majesty will be attended with it.

ORDERED, That the Lord Bishop of London and the Lord Bishop of Rochester do wait on His Majesty, from this House, to know what Time His Majesty will please to appoint for both Houses to present their humble Address to His Majesty concerning a Fast.

Message from H. C. about a Conference being desired, without expressing any Subject.

A Message was brought from the House of Commons, by Mr. Hampden and others:

To acquaint their Lordships, that the Commons had Notice, by a Message this Day, to desire a Conference, without expressing any Subject-matter; which, they say, is not the usual Practice of Parliament.

The Lords knowing of divers Precedents where Conferences have been desired, without expressing the particular Occasions; yet, considering the important Business now before them, thought it not expedient to lose any Time in disputing the Matter:

Message to them, for a Conference about the E. of Danby.

Therefore sent a Message to the House of Commons, by Sir Edward Low and Sir John Francklyn:

To desire a present Conference, in the Painted Chamber, concerning Matters relating to the Earl of Danby.

The Answer returned was:

Answer.

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

Lords appointed to manage this Conference:

D. Monmouth.
Marq. Winton.
E. Huntington.
E. Mulgrave.
E. of Winchilsea.
E. Clarendon.
E. Essex.
E. Aylesbury.
E. of Shaftesbury.
Vicecomes Fauconberg.
Vicecomes Halyfax.
Ds. Grey.
Ds. Colepeper.

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

Report when the King will be attended:

The Lord Bishop of London and Lord Bishop of Rochester reported, "That His Majesty hath appointed Monday next, at Three of the Clock in the Afternoon, to receive the Address from both Houses concerning the Fast in the Banqueting House at Whitehall."

Message to H. C. to acquaint them with it.

A Message was sent to the House of Commons, by Sir Edward Low and Sir John Francklyn:

To let them know, that this House agrees with them in the Address which is to be presented to His Majesty, for a Fast; and that His Majesty hath appointed Monday next, at Three of the Clock in the Afternoon, in the Banqueting House at Whitehall, to receive it.

The Earl of Clarendon reported, from the Committee of Examinations, a Deposition of Tytus Otes; which was read, as follows:

"Midd. & Westm. The Deposition of Titus Oates Doctor in Divinity, taken upon Oath, this 20th Day of March, 1678, before the Marquis of Winchester, a Justice of Peace for the said County and Liberty.

Oates' Deposition about the E. of Danby.

"This Deponent saith, That presently after Prorogation of the last Parliament, he, going through The Privy Garden, met the Earl of Danby, who said, There goes One of the Saviours of England; but I hope to see him hanged within a Month." This Deponent further saith, That there were then several Persons with the said Earl of Danby, but he knew none of them.

"Titus Oates."

Capt. & jurat. 20 Mar. 1678, coram me,

Winchester.

The Earl of Clarendon reported, from the Committee of Examinations, an Information of Miles Prance; which was read, as follows:

Prance's Information concerning the Plot.

"In the Month of August, 1678, I having Occasion to write to a Friend in the Country, but not well knowing how to send, I went to Mr. Paston, who lodged at one Bamber's, a Taylor, in Duke-Street, who gave me an Account where to send to him; and we immediately fell into Discourse concerning the present Posture of Affairs, and he bid me, "not fear; for we should suddenly have better Times; for, in the First Place, he said, That the King was a great Heretic; and that the Lord Bellasis, and Lord Arundell, and Lord Powis, and Lord Peters, would have a very good Army for the Deposing of the King, and the Suppression of all the Heretics; and then the Catholic Religion should be established and flourish in this Nation." He also said, "That the above named Lords had given out Commissions already to some Gentlemen in the Country, whom he named to me; that was, to one Mr. Talbot of Longford, and to Sir Henry Bennifeild of Oxberrow Hall, in Norfolk, and one Mr. Stoner, who lives within Four or Five Miles of Kingston upon Thames.

"Also, about Two Years ago, one Townly, of Townly in Lancashire, came up to London, with his Two Sons that he was carrying over to Doway. He also brought along with him his Two Brothers, to keep him Company; and they took Lodgings at one Ayrie's House in Drury-Lane, where Phenwick lodged, and in a short Time Two of them went over to Doway with the Two Lads; and left the other here, who, in the Absence of his Brothers, declared very often to my Wife's Brother and to Adamson, "That, when his Brothers came back again from Doway, they expected Commissions from the above named Lords, for the raising of Men to carry on the Catholic Cause." This my Brother and Adamson often told me at Pettley's in Veres-Streete, where we had a Club very often of none but Papists.

"Miles Prance.

"Also, about the Time that the Four Lords were in The Tower, that is, the Duke of Buckingham, my Lord of Shaftesbury, and Lord Wharton, and Lord Salisbury, that one Mr. Kightly came to me, and greatly rejoicing at their Imprisonment, said, "That now is the Time for the promoting of Catholic Religion, because of the Difference that was amongst the Lords; and that, if the Duke of York did but follow the Business closely, which the Catholics had Ground to believe he would, (fn. *) they did not doubt but that it would be settled at that present Juncture of Time.

"Miles Prance."

Paston to be attached.

Upon Report made by the Earl of Clarendon from the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy, and reading the Deposition of Miles Prance, whereby it appeareth that Wollaston Paston is privy to the said Conspiracy:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy or Deputies, shall forthwith attach the Body of the said Wollaston Paston, and bring him in safe Custody to the Bar of this House; and this shall be a sufficient Warrant on that Behalf.

To Sir Geo. Charnock Knight, Serjeant at Arms attending this House, his Deputy and Deputies, and to all His Majesty's Ministers and Officers Civil and Military, to be aiding and assisting in the Execution hereof.

The Earl of Clarendon also reported Two Informations against Edward Craven; which were read, as follows:

Wetton's Deposition.

"21th March, 1678.

"Benjamin Wetton, of the City of London, Gentleman, maketh Oath, That, on Tuesday the 4th of this Instant March, when the Poll was taking at St. George's Church in Southwarke for Burgesses to serve in the Parliament for that Borough, I endeavoured to get into the Church, to attend my Master, Thomas Smyth Esquire, who was then there; but one Edward Craven hindering my Entrance, and crying out, "No Six Clerks Man," I asked his Meaning; who answering, "That I belonged to the Six Clerks Office;" and being informed by me to the contrary, and that I was Mr. Smythe's Clerk, immediately, without any other Words on my Part, which might give him the least Occasion to mention Mr. Oates, he told me, "That I should not go in there; for Oates was a Rogue, and had ruined the Nation." Whereupon, I withdrawing from the Door, and he and some others following me, he the said Edward Craven several Times repeated the aforesaid Words touching Mr. Oates, or used Words to the same Effect.

"Ben. Wetton."

Capt. et jurat. 21 March, 1678, coram me,

Clarendon.

Harris's Deposition.

"22 March, 1678.

"Richard Harris, of London, Dyer, maketh Oath, That, upon the 4th of this Instant March, he was present with Mr. Benjamin Wetton, Mr. Smythe's Clerk, in Southwarke, against St. George's Church; and he heard one Edward Craven say, "That Mr. Oates was a Rogue, and had undone the Nation," to the best of his Remembrance; and said, "We have had enough of such Rogues as Oates was, for he ruined the Borough;" or Words to that Effect.

"Richard Harris."

Capt. et jurat. 22 Martii, 1678, coram me,

Clarendon.

Craven to be attached.

Upon Report made by the Earl of Clarendon from the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy, and reading the Depositions of Benjamin Wetton and Richard Harris; whereby it appeareth, "That Edward Craven hath uttered Words derogatory to the Reputation of Tytus Oates, who is a principal Witness for Discovery of the said Conspiracy:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy or Deputies, shall forthwith attach the Body of the said Edward Craven, and bring him in safe Custody to the Bar of this House to answer for the same; and this shall be a sufficient Warrant on that Behalf.

To Sir Geo. Charnock Knight, Serjeant at Arms attending this House, his Deputy and Deputies, and to all His Majesty's Ministers and Officers Civil and Military, to be aiding and assisting in the Execution hereof.

Address for French a Friar to have Leave to return to Ireland.

Upon Report made by the Earl of Clarendon, from the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy, "That Martine French, an Augustine Friar, residing at Galloway in Ireland, who was by His Majesty (at the humble Desire of this House) sent for hither, to be examined as a Witness before the House of Peers, hath been examined by the said Lords Committees; who are of Opinion, That he may be discharged from any further Attendance, and that he may return to Ireland, being destitute of Means for his Support here:"

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 graciously pleased to give Order for the safe Return and Passage of the said Martin French into Ireland, and to afford him such necessary Supplies to defray the Charges of his coming hither, and returning, as to His Majesty's Royal Bounty shall seem meet.

The Lord Privy Seal and the Lord Grey de Warke are added to the Committee for examining of Matters relating to the Discovery of the late horrid Conspiracy.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 24um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.

Footnotes

* Sic.
* Bis in Originali.