House of Lords Journal Volume 13: 19 November 1680

DIE Veneris, 19 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. President Speaker.

The Lord President supplied the Place of the Lord Chancellor this Day.

Sir Oliver Boteler versus Regem.

Upon reading the Petition of Sir Oliver Boteler; shewing, "That having brought into this Court, by Writ of Error, a Judgement given in Chancery against him, concerning a Market and Fair at Chatham, and hath assigned Errors, and that Issue is joined thereupon; and therefore praying, That a Day may be appointed to argue the same:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued, by Counsel on both Parts, the Tenth Day after that it shall be made appear to this House, that the said Oliver Boteler hath caused Notice hereof to be given to His Majesty's Attorney General and the City of Rochester, for this Purpose.

Mellor versus Willimot.

Whereas this Day was appointed to hear Counsel at the Bar, upon the Appeal of Henry Mellor and George Greisley, and the Answers of Edward Willimot and others put in thereunto; and the said Respondents being ready with their Counsel to be heard, the said Appellants prayed, that the said Hearing might be put off to a further Day:

Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Appellants Henry Mellor and George Greisly, or One of them, be, and are hereby, adjudged to pay this Day unto the said Respondents, or to Mr. John Cresset their Solicitor in the said Cause, the Sum of Ten Pounds Sterling for their Costs in Attendance with Counsel this Day; and that then the said Cause shall stand to be heard on Thursday next, being the 25th Instant, at Nine of the Clock in the Forenoon; but in Case of Failure of the Payment of Ten Pounds as aforesaid, the said Appeal is to be dismissed, without any further Attendance or Hearing thereupon.

Osborn versus West.

Upon hearing Counsel this Day at the Bar, as well upon the Petition of George Osborne, being an Appeal from a Dismission of his Bill in the Court of Chancery against Richard West, concerning certain Lands in the County of Sussex; as also upon the Answer of Richard West put in thereunto:

After due Consideration had of what was offered by either Side thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Dismission of the Appellant's Bill in the Court of Chancery, from which he doth appeal, be, and is hereby, confirmed, and his said Appeal dismissed this House.

Turner versus Turner.

Upon reading the Petition of Sir Edward Turner; praying, "That the Hearing of Counsel upon his Appeal against Dame Mary Turner, may be put off from Monday next, to a further Day;" as also upon reading the Petition of the said Dame Mary Turner, that the said Day of Hearing may stand:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel on both Parts, in the said Cause, on Monday next, being the 22th Instant, at Nine of the Clock in the Forenoon, being the Day formerly appointed for that Purpose.

Waynwright, Prisoner for Debt, Petition to be released.

Upon reading the Petition of James Waynwright; shewing, "That, having been long a Prisoner in The King's Bench, for Debt and Damages; and, having satisfied his Creditors, as far as he was able, sought for Release of his Imprisonment from the Justices of the Peace for the County of Surrey, which was denied him by them, as also by the Judges of the King's Bench (as in his Petition is suggested); and therefore prayeth Relief:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Examination of the Petitioner's Case be, and is hereby, referred to Mr. Justice Windham and Mr. Justice Charlton, who are hereby empowered to call the said Justices of the Peace before them, and other Persons concerned in the Petitioner's Case; and bring a Report in Writing how they find the same, into this House.

Smithesby versus L. C. J. Scroggs.

Whereas the Lord Chief Justice Scroggs hath this Day put in his Answer to the Petition of Anne Smithesby, brought in against him:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, upon the said Petition and Answer, on Saturday, the 27th Day of this Instant November, at Nine of the Clock in the Forenoon.

And it being moved, on the Behalf of the said Anne Smithesby, "That Serjeant Pemberton, Mr. Bradbury, and Mr. Killingworth, may be assigned to be of Counsel for her:"

It is ORDERED, That the said Serjeant Pemberton, Mr. Bradbury, and Mr. Killingworth, be, and are hereby, assigned to be of Counsel for the said Anne Smithesby in this Case.

John Faria's Information, concerning the Plot.

Sir John Hoskyns and Mr. Blaithwayte gave the House an Account, "That they had taken the Information of John Faria in Spanish, which they have carefully translated into English; the Original was averred by the said John Faria to be true, upon his Oath."

Then the Information of the said John Faria, translated into English, was read, as follows:

"The Information of John de Faria, of St. Giles in the Feilds, Gentleman.

"This Informant saith, That, at the First Arrival of Gaspar de Abreu de frietas, the last Ambassador in Ordinary from Portugall at the Court of England, this Informant went to visit him, as having had an old Acquaintance with the said Ambassador, at the Time when he was here before in the Quality of Envoy Extraordinary to His Majesty of Great Brittaine (whom GOD preserve). And the said Ambassador asking the Informant about his Son Francisco de Faria, whom he had a Mind to make his Secretary of Languages, as being skilled in the English, French, and Portughese Languages: Whereupon this Informant carried his said Son to the Ambassador's House, and left him there, to be his Interpreter. And this Informant continuing often to visit the Ambassador, who used to complain much in his Discourses of "the great Persecution, which he said the Roman Catholics lay under in the Kingdom of England, and that all was occasioned by Mr. Oates and Bedlow, who were base Rogues and Villains; and that, for their having caused so great Mischiefs they deserved to be killed, swearing by GOD, that he would take Care to have them killed." And this Informant hearing the Ambassador use at several Times this Sort of Discourses, this Informant told him (as he used to be very free with the Ambassador) "that his Embassy in England was about the Affairs of the Kingdom of Portugall, and that he needed not trouble himself with any body else; and that he should let the King of England's Subjects live in Peace." To which the said Ambassador replied, "That for the great Mischiefs those Rascals had brought upon the Roman Catholics, they deserved to be killed." And this Informant further faith, That a Month or Five Weeks before the said Ambassador took Leave of His Majesty of Great Brittain, upon his Return to Portugall, the aforesaid Francisco de Faria brought to the House of this Informant some Papers belonging to his said Son, that this Informant might keep them for him; and amongst the rest, there was one, which the Informant saw, written with the Hand of the said Francisco de Faria, wherein were several Memorandums written in the Portughes Tongue, with the Names of English Persons, as may be seen by the said Paper, which the said Francisco de Faria took away afterwards out of the House of the said Informant. And this Informant further saith, That at the Time when the Book made by Mr. Oates was published in French, being a Narrative of the Plot, the said Ambassador sent to buy One of them; which the Informant translated, and read out of the French into Portuguese unto the Ambassador; who then spoke very angrily of Mr. Oates, and said, "that the Jesuits that had suffered, died as Martyrs;" whereunto this Informant replied, "That if they were so zealous of their Religion, it had been better for them to have exercised it in Flanders, and in other Parts; since they well knew, that if they were found in England, they were to be punished with Death by the Laws of the Kingdom." And the Ambassador did also say, "That Coleman had suffered, only for endeavouring to bring the Roman Catholic Religion again into England." And the Informant also saith, That the Paper annexed, to which he has put his Hand, is the same Paper of Memorandums before mentioned, which the said Francisco Faria brought to the House of this Informant.

"Signed,

"John de Faria."

"A true Translation of this Paper annexed in Spanish.

"William Blathwayte.

"To take Care to kill Oates.

"To kill Bedlow.

"To take Care to kill Lord Sesbere.

"To take Care to kill the Justice of Peace that lives in the Country.

"A Compliment to the Queen's Doctor.

"Compliment to Lord Sagise.

"The Letter that I was to send to Flanders by a Man.

"About Friar Paulino the Letter he wrote and sent to Portugall.

"About Madam Abergavenny, and what she said to the Ambassador.

"The Porter of Somersett House.

"To take Care to kill Oates and Bedlowe.

"To take Care to kill Lord Sesbere.

"Madam Abergavenny, what she said.

Chute versus Ly. Dacres.

The House took into Consideration the perfecting of the Order between Challoner Chute and the Lady Dacres.

The Question was propounded, "Whether Mr. Chute's Counsel shall be heard to these Four Points only:

"The 900£. Legacy.

"Assets.

"The felling of Timber.

"The Maintenance of Younger Children?"

The Question being put, "Whether this Question shall be put?"

It was Resolved in the Negative.

Then the Order of the 12th of November was read.

And the Question being put, "Whether this Order as to the Four Points shall stand?"

It was Resolved in the Affirmative.

"Dissentiente,

"Anglesey."

Whereas, upon hearing of Counsel on both Parts on the 12th Instant, upon the Appeal of Challoner Chute Esquire, from Decrees made in the Court of Chancery in Two several Causes; one wherein Dorothy Lady Dacres, Sir Dudley North late Dudley Lord North, and Richard Barret Esquire, were Plaintiffs, against Chaloner Chute Esquire, the Petitioner's Father, and others, Defendants; and another, wherein the Persons aforesaid, and one Richard Owen were Plaintiffs, against the Petitioner and others Defendants; as also upon the several Answers of the said Lady Dacre, Richard Barret, and Richard Owen, put in thereunto:

After serious Consideration had of what was offered on either Side thereupon, it was Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the First Decree from which the said Challoner Chute appealed to this House be confirmed; it is this Day ORDERED, That this House will hear Counsel further, on both Parts, at the Bar, between the said Parties only upon the Points of the 900£. Legacy, of Assets, of felling Timber, and of Maintenance for the Younger Children, on Friday the 26th Day of this Instant November, at Nine of the Clock in the Forenoon; whereof the said Chaloner Chute is to cause timely Notice to be given to the said Lady Dacres and other Persons concerned for that Purpose.

Protestant Religion, for securing.

The House was adjourned into a Committee, to consider of further Heads for securing the Protestant Religion.

The House was adjourned.

And the Lord Privy Seal reported, "That the Committee have made some further Heads for securing the Protestant Religion, which are offered to the Consideration of the House:

"1. That Monday next the Head concerning the Queen and Marriage of the King may be debated."

Agreed to.

"2. That a Committee be appointed to examine the Way of managing of the Post-office in England and Ireland; and who have the Care of it; and what Miscarriages, Defects, and Abuses have been in the Management thereof."

Agreed to.

Committee appointed to examine into Abuses of the Post-office.

And these Lords following were appointed a Committee for that Purpose:

Their Lordships, or any Five of them; to meet To-morrow Morning, at Eight of the Clock, in the Prince's Lodgings; and have Power to send for such Persons, Books of Accompt, and Papers, as they think fit; and to adjourn as they please.

The Lord Privy Seal further reported another Head; which was, "That Enquiry be made, who are the Officers in Command in the Military Affairs: For that Purpose, that His Majesty be moved, that he will please to give Order to the Secretaries of State, the Secretary of the Admiralty, the Secretary of the Army, or any others that have Cognizance of such Affairs, respectively to prepare and send to the Clerk of the Parliaments, with what Conveniency may be, a List or Lists of all the Officers and Commanders now employed in Land and Sea Service, as well in the Fleet as the Militia and Standing Forces, Forts, Ports, and Garrisons."

Agreed to.

Address for a List of Military Officers by Sea and Land.

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 to the Secretaries of State, the Secretary of the Admiralty, and the Secretary for the Army, or any others that have Cognizance of such Affairs respectively, that they prepare and send to the Clerk of the Parliaments, with what convenient Speed may be, Lists of all the Officers and Commanders now employed in Land and Sea Service, as well in the Fleet, the Militia, and Standing Forces, as in the Forts, Ports, and Garrisons of this Kingdom."

Committees adjourned.

ORDERED, That the Committee for Examinations, the Committee for the Bill of Association, and the Committee for Justices of the Peace, do meet To-morrow Morning.

Adjourn.

Dominus Præses Concilii declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 20^um diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.