DIE Mercurii, 27 die Octobris.
Domini tam Spirituales quam Temporales præsentes
Epus. Cov. & Litch.
Epus. Bath & Wells.
Epus. St. David's.
Epus. St. Asaph.
Ds. Custos Privati Sigilli.
Comes Dorset & Midd.
Comes St. Alban.
Ds. Willoughby de Parham.
Ds. North & Grey.
Ds. Grey de Wark.
Ds. Howard Esc.
Ds. Herbert de Chirb.
Ds. Arundell de T.
Dr. King versus Fletcher, in Error.
Upon reading the Petition of John King Doctor in
Physick; shewing, "That having obtained a Judgement,
in the Name of John Legg Plaintiff, as the Petitioner's
Lessee in Ejectment, against Christopher Fletcher Gentleman, in the Court of Common Pleas; which
Judgement is affirmed in the Court of King's Bench,
the said Christopher Fletcher hath obtained a Writ of
Error thereupon, returnable in this Court, but delayeth
to bring in the same; and therefore prayeth, that he
may be at Liberty to take out Execution upon the
It is thereupon ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That the said Christopher Fletcher be, and is hereby, required to cause the said
Writ of Error, together with the Transcript of the said
Judgement, to be brought into this Court within Ten
Days next after the Date of this Order; or else the said
Writ of Error to be void; whereof the said John King
is to cause timely Notice to be given to the said Christopher Fletcher for that Purpose.
Bill to clear London, &c. of Papists.
The House was adjourned into a Committee, to consider of the Bill for freeing the City of London and
Parts adjacent from Popish Inhabitants.
The House was resumed.
And the Earl of Hallyfax reported, "That the Committee have gone through several Paragraphs of this
Bill; and desire that the House would give them Leave
to proceed further therein on Friday Morning next."
Which the House agreed to; and ordered the same
The Earl of Shaftesbury reported from the Committee
appointed to receive all Informations tending to the Discovery of the late horrid Plot and Conspiracy against His
Majesty's Person and Government, an Information which
was brought them, and read in the House, as followeth:
Arnold's Information concerning Convict Papists suffered to escape at Monmouth.
"Midd. et Westm. The Information of John Arnold
"Esquire, taken upon Oath, this 27th
of October, 1680, before me Edmund Warcupp Esquire, by Command of the Right Honourable
the Lords Committees for Discoveries of the late Popish Plot.
"This Informant saith, That, at the last Michaelmas
Sessions held at Monmouth, for the County of Monmouth, before Sir James Herbert, Captain Wolseley
Governor of Chepstowe, Trevor Morgan, William Herbert, and the said John Arnold Esquire, Five of His
Majesty's Justices of the Peace for the said County,
there appeared between Twenty and Forty Popish Recusants Convict, upon the Statute of Premunire, for
refusing the Oaths of Allegiance and Supremacy; who,
being come to the Bar, were asked by this Informant,
Man by Man, "What they had to say why Judgement
should not pass that Sessions against them?" And when
this Informant asked the Third Man the said Question,
he and the rest of the Papists clapt on their Hats,
put their Arms a-kimbo, and went scornfully out of
Court; and were several Times required by the Court
to come back, but refused. Whereupon the Under
Sheriff, Francis Jenkins, was commanded to fetch them
back. But he answered, "He wanted Power; the Gaoler had given him Security, and let him look to it."
Upon which, the Court was moved to sine him for his
Contempt, which was looked upon to be as great as that
of the Papists; which Three of the Five Justices then
present, being the major Number, refused; saying,
"They had never a Lawyer with them, and they would
advise with Mr. Edmund Jones upon it;" but refused
to act any more that Sessions, either in giving Judgement, or sining the Sheriff; Sir James Herbert, Captain Wosley and William Herbert Esquires, being the
said Three Justices who by Majority of Voices overruled the same. Upon which, this Informant and Trevor
Morgan Esquires left the Bench, declaring "that they
would apply for Justice against the said Three Justices
and the Sheriff, where they should be heard, and have
Justice done upon them." And this Informant going from
the Hall, saw many of the said Papists at Liberty, clapping on their Hats, and smiling at and deriding this Informant; and, as this Informant hath been credibly informed, and doubts not to make appear, the said Convicted Papists, or many of them, have been seen to
ride about the Country where they pleased, ever since
their Conviction and their Commitment to the Gaol for
the Causes aforesaid. And further faith not.
Jurat. Die et Anno
suprascript. coram me,
Jenkins, the Under Sheriff, to be attached.
The House hereupon made these ensuing Orders:
"Upon Complaint and Oath made, against Francis
Jenkins Under Sheriff of the County of Monmouth,
That, at the last Michaelmas Sessions, held at Monmouth,
for the said County, he refused to secure and bring
into Court some Convicted Papists, who departed
without Leave, and in Contempt of the said Court of
Sessions, when he was commanded by the said Court
to secure and bring them in: It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy, do forthwith attach
the Body of the said Francis Jenkins, and bring him
in safe Custody to the Bar of this House, to answer
for his said Offence; and this shall be a sufficient Warrant on that Behalf.
"To Sir George Charnock Knight, Serjeant
at Arms attending this House, his Deputy and Deputies, and to all Mayors,
Sheriffs, Bailiffs, Constables, and other
His Majesty's Officers Civil and Military, to be aiding and assisting in the
Sir Ja. Herbert & al. Justices there, to attend about it.
"Upon Information to this House, That, at the last
Michaelmas Sessions, held at Monmouth, for the County
of Monmouth, before Sir James Herbert, Captain Wolseley Governor of Chepstow, Trevor Morgan, William
Herbert, and John Arnold, Esquires, Five of His Majesty's Justices of the Peace for the said County, Sir
James Herbert, Captain Wolsey, and William Herbert,
Three of the said Justices, who by Majority of Voices
over-ruled the said Court of Sessions, refusing thereby
to fine the Under Sheriff Francis Jenkins for his Contempt of the said Court, in not securing and bringing
into Court divers Convicted Papists, who had misbehaved themselves, and departed in Contempt of the
Court, when he the said Under Sheriff was required
thereunto: It is ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Sir James Herbert, Captain Wolsley, and William Herbert, be, and are hereby, required to make their personal Appearance at the Bar of this House on Saturday the 13th Day of November next, at Ten of the
Clock in the Forenoon, to make Answer to the said
Information; and hereof they may not fail."
Crab and Goldsmith versus Fenton.
Upon reading the Petition of William Crab and Thomas
Goldsmith, Merchants of Bristoll; shewing, "That,
upon their Appeal put into this House, Elizabeth Fenton Widow was, on the 14 Day of April 1679,
ordered to put in her Answer thereunto within
14 Days; which she hath not done yet, but hath
proceeded in Chancery against the Petitioners, for not
performing the Decree appealed from; and therefore
It is thereupon ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Elizabeth Fenton be, and is hereby, required to put in
her Answer in Writing to the said Appeal, on or before
Wednesday the Third Day of November next, at Ten of
the Clock in the Forenoon.
King's Answer about De Faria, Oates and Plunkett.
The Lord Chamberlain of His Majesty's Household
reported, "That he and the other Lords have delivered to His Majesty the several Addresses of this
House; videlicet, One made on the Behalf of Francisco de Faria, for Allowance to be made to him; to
which His Majesty is pleased to give this Answer, That
He will make an Allowance as is desired:
"Also that His Majesty will likewise continue His
former Allowance to Mr. Titus Oates, as is desired."
His Lordship likewise reported, "That His Majesty
will give Order for the safe and speedy bringing over
of Oliver Plunket, the Titular Primate of Armagh, as
is in their Lordships Address for that Purpose.
"And likewise that His Majesty takes very kindly
the Thanks of this House, tendered to Him for his
Gracious Answer to your Lordships Address for His
Majesty's issuing His Proclamation to such as shall
come in and make further Discovery of the late horrid
Plot and Conspiracy."
The Duke of Albemarle is added to the Committee
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 28um diem
instantis Octobris, hora decima Aurora, Dominis sic decernentibus.
Hitherto examined, this 11th of November, 1680, by us,
Anglesey, C. P. S.
P. Bath & Wells.