House of Lords Journal Volume 13: 28 April 1679

DIE Lunæ, 28 die Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Chancellor & al. take the Oaths.

This Day Heneage Lord Finch, Lord Chancellor of England, and John Earl of Bridgwater, took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration against Transubstantiation, pursuant to the Act made in the 25th Year of His now Majesty's Reign, for preventing the Dangers which may happen from Popish Recusants. Their Witnesses, being first sworn at the Bar, did prove the Truth of their respective Certificates concerning their receiving the Sacrament of the LORD'S Supper.

This Day Thomas Lord Windsor did take the Oaths of Supremacy and Allegiance, 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.

Liberty of the Subject, Habeas Corpus Bill.

The House was put into a Committee, to consider of the Bill for the better securing the Liberty of the Subject.

The House was resumed.

The Earl of Bridgewater reported, "That the Committee which was appointed to prepare this Bill for the Committee of the House had reported several Amendments to the said Bill; and the Committee, being now possessed thereof, desires that a Day may be appointed for the House to receive the Report thereof, and that the Lord who reported the Amendments to the Committee may have Leave to offer some other Considerations to the House."

Which was agreed to; and appointed Wednesday next for that Business.

Message from H. C. with a Vote.

A Message was brought from the House of Commons, by the Lord Russell and others:

To acquaint their Lordships, that the House of Commons have passed a Vote, wherein they desire their Lordships Concurrence.

The said Vote was read, as follows:

Vote, the D. of York being a Papist, has encouraged Conspiracies.

"Resolved, nemine contradicente,

"That the Duke of Yorke's being a Papist, and the Hopes of his coming such to the Crown, has given the greatest Countenance and Encouragement to the present Conspiracies and Designs of the Papists against the King and the Protestant Religion."

ORDERED, That the Debate of this Message be taken up on Wednesday next.

Message from H. C. with the E. of Danby's Answer; and to know if he will abide by it.

A Message was brought from the House of Commons, by Sir Francis Winnington and others:

To return the Plea aud Answer of Thomas Earl of Danby; and to desire that their Lordships would send for the Earl of Danby to this Bar, and know of him, whether he will rely upon and abide by the Plea of his Pardon.

E. Danby to be brought to the Bar.

Hereupon it is ORDERED, That the Lieutenant of The Tower of London be, and is hereby, required to bring Thomas Earl of Danby, now a Prisoner there, to the Bar of this House, To-morrow at Eleven of the Clock in the Forenoon.

The Earl of Clarendon reported an Information, which was brought before the Lords Committees for Examinations, and read as follows:

Oates's Information concerning Sir William Andrews.

"Midd. et Westm. ff. The Information of Titus Oates Doctor in Divinity, taken in Obedience to the Lords Order of the Committee for Discovery of Matters relating to the late horrid Conspiracy, before me, Edmond Warcupp Esquire, One of His Majesty's Justices of the Peace in the said County, City, and Liberties, this 26th Day of April, 1679.

"This Informant saith, That the Person called Sir William Andrewes, of Essex, hath been a Collector of Monics for the Use of the Jesuits, in order to their carrying on of this horrid Conspiracy against His Majesty's Royal Person and Government, as hath appeared to this Informant by several Letters, subscribed William Andrewes, which this Informant hath seen and read, in London and at St. Omers; in One of which Letters to London, he gave an Account of Five Hundred and odd Pounds collected by Way of Sussrage, and put into a sure Hand, as the said Letter expressed, for the Use of the Jesuits; whom he therein assured that One Thousand Pounds more would suddenly be collected; and prayed their Order for the returning of this Money for London. And this Informant further saith, That the said Sir William Andrewes was known to this Informant by the Name of Leverstocke; and in the last Summer received a Commission from the Provincial of the Jesuits, videlicet, Thomas Whitebread, by the Hands of William Ireland, authorizing him to be a Colonel, or some other Officer, in the Army then intended to be raised for the carrying on the said horrid Conspiracy; and with his own Hands signed a Receipt for the said Commission, by the Name of Leverstocke, and wrote the Receipt, which Receipt was the same Hand-writing with the other Letter signed William Andrewes. And further at present this Informant saith not.

"Tit. Oates."

Jurat. Die et Anno Supradict. coram me,

Edmond Warcupp.

Sir William Andrews to be removed from The Gatehouse to The Tower.

Upon Report made from the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy, "That their Lordships have received Information, made upon Oath, that Sir William Andrewes, now Prisoner in The Gatehouse at Westminster, is engaged in the Conspiracy against His Majesty's Person and Government:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Keeper of The Gatehouse aforesaid be, and is hereby, required to take Care, that the said Sir William Andrewes be forthwith conveyed and safely delivered into The Tower of London, there to remain a Prisoner till he shall be discharged by due Course of Law; and for so doing, this shall be a sufficient Warrant.

To the Keeper of the Prison of The Gatehouse at Westm. and to the Lieutenant of The Tower of London, and their respective Deputies, and every of them.

Hubbord and Bird appointed Solicitors for the E. of Powis.

This House being moved, "That Mr. Edward Hubbord, alias Hubert, and Mr. John Byrd, may be permitted to solicit and take Care of the Management of such Matters as concern William Earl of Powis, now Prisoner in The Tower:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edward Hubbord, alias Hubert, and John Byrde, be, and are hereby, assigned to the said Earl of Powis, for the Soliciting and Management of such Matters relating to the said Earl of Powis, as his Lordship shall intrust them with, in order to his Trial.

Ney versus Fortescue.

Whereas Sir Peter Fortescue and Dame Amy his Wife were, by Order of the 10th Instant, appointed to put in their Answer in Writing, on the First Day of May next, to the Petition and Appeal of William Noy and others, depending in this House against them, whereof they had no Notice till the 21th Instant, being then above Two Hundred Miles distant from London, as by their Petition and the Affidavit annexed appeareth; and therefore they pray a longer Time for the Purpose aforesaid; their Solicitor and Writings being then in Cornwall, and not yet come to London:

Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Peter Fortescue and Dame Amy his Wife have hereby further Time given them, for putting in their said Answer in Writing, till Thursday the Fifteenth Day of May next, at Ten of the Clock in the Forenoon.

House to be called.

ORDERED, That this House shall be called on Monday the Fifth Day of May next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, 29^um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.