House of Lords Journal Volume 13: 25 November 1680

DIE Jovis, 25 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. President, Speaker.

This Day the Lord President supplied the Place of the Lord Chancellor.

Percy's Claim to the Earldom of Northumb'l'd. &c.

A Petition of James Percy was read; desiring a Day may be appointed, for him to be heard, to make out his Title to the Earldom of Northumberland.

Rejected.

The Question was put, "Whether this Petition shall be rejected?"

It was Resolved in the Affirmative.

Before the Question was put, the Earl of Anglesey desired Leave to enter his Dissent, if the Question was carried in the Affirmative; and accordingly enters his Dissent:

Protest against it.

"Dissentiente,

"Anglesey; for these Reasons:

"1. Because the Claim brought by Mr. Percy can be heard and examined and adjudged only in this House.

"2. It is a Right due to the Subject, to petition this House; and the Cause is not to be under Prejudice, or rejected, till heard.

"3. It seems unprecedented, and against common Right, and the constant Course of Parliamentary Justice.

"4. By such a Way of Proceeding, he is barred of his Appeal from a Dismiss in a former Parliament, which he can only have in this Parliament, before the Grounds thereof are so much as examined."

Rowe versus Sevier, in Error.

Complaint of Delay in bringing up the Writ.

Upon reading the Petition of Thomas Row and Thomas Greene; shewing, "That they have obtained a Judgement against Thomas Sevier, alias Savier, in the Court of King's Bench, which Judgement is since affirmed in the Exchequer Chamber; the said Thomas Sevier, alias Savier, hath brought a Writ of Error thereupon, returnable into this Court, but delayeth to bring in the same; and therefore pray that they may be at Liberty to take out Execution upon the said Judgement:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Sevier, alias Savier, 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 Seven Days next after the Date of this Order, or else the said Writ of Error to be void; whereof the said Thomas Row and Thomas Green, or One of them, are to cause timely Notice to be given to the said Thomas Sevier, alias Savier, for that Purpose.

Mellor versus Willimot.

ORDERED, That the Cause which should have been heard this Day, between Mellor and Willimot, shall be heard To-morrow.

Bourk and Macnamara to print their own Narratives.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Hobert Bourk and John MacNamara have hereby Leave given them, to print and publish their respective Informations or Narratives concerning the Popish Plot, formerly by them given in at the Bar of this House.

Committees to meet.

The Committee for Privileges are to meet this Afternoon, to consider of the Method of the Proceedings in the Trial of the Lord Viscount Stafford.

The Committee to consider of Fines imposed upon Offenders do meet this Afternoon, at Four of the Clock.

Mansell, &c. Claim of a Reward, for discovering Estates given to superstitious Uses.

Upon reading the Petition of Rodericke Mansell Esquire, Thomas Merry and Samuell Oates, Gentlemen; shewing, "That they having been the Discoverers of several Papers and Writings, importing Securities for Money and Settlements of Lands and Estates to Popish and superstitious Uses, and thereby are entitled (as in their Petition is suggested) to the Benefit of His Majesty's Gracious Promise in that Behalf made, that they should have One Half of the Benefit thereof; to which Wm. Fanshaw Esquire, pretending to be the Discoverer, endeavours to defeat them of their said Right; and therefore pray the Assistance of this House, for their Relief:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition be, and is hereby, referred to the Lords Committees for examining Matters relating to the late horrid Plot and Conspiracy; whose Lordships are to hear the Petitioners, and such other Persons as are or may be concerned therein, and report a State of the Case to this House.

Att. General to prosecute Ly. Abergaveny.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Attorney General be, and is hereby, appointed to prefer an Indictment against the Lady Dowager Abergaveney, of Sherborn, in Oxfordshire, for High Treason, and proceed thereupon against her according to due Course of Law.

Bolton & Ux. Petition, for Allowance of Charges, for attending as Witnesses against the Plotters.

Upon reading the Petition of Robert Bolton and Mary his Wife, Discoverers of the horrid Popish Plot; shewing, "That they have been at great Charges, in attending several Trials as Witnesses against the Popish Conspirators, and are further required to attend the like Trials on His Majesty's Behalf, and have had no certain Allowance for their Charges therein; and praying that their present Condition may be recommended to His Majesty:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners do attend His Majesty's Attorney General, with their Petition and Bill of Charges annexed; who is hereby appointed to peruse the same, and certify to this House whether the Petitioners have hitherto had any Allowance from him, and whether there will be any further Need or Use of their Testimonies for the Time to come.

King to be attended with the Address for a Fast.

The Lord Viscount Newport reported, "That His Majesty hath appointed this Afternoon, for both Houses to attend Him, with their Address for a Fast, in the Banqueting House at Whitehall, at Three of the Clock."

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

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

To acquaint them, that the King hath appointed this Afternoon, to receive the Address of both Houses, for a Fast, in the Banqueting House at Whitehall, at Three of the Clock.

The Messengers return with this Account:

Answer.

That they have delivered their Message.

Zeale prevaricates in his Evidence against Mrs. Celier.

The Earl of Shaftesbury reported, from the Committee of Examinations, "That Mr. Attorney General had informed their Lordships, that he heard that John Zeale (who, in his Examination before Justice Rich, had sworn positively against Elizabeth Celier) had, before the Grand Jury to whom a Bill of Indictment was preferred against her, said, "That he did not know her; and that he only heard her discourse with William Lewis in another Room."

Lewis, concerning his Pardon.

"That Mr. Attorney had also acquainted their Lordships, that he understands William Lewis hath been guilty of Forgery; and that he hath no Order for any Pardon for him for Forgery.

Mrs. Cellier to be indicted in Surrey.

"That Mr. Attorney had also told them, that Mrs. Celier, by a Mistake, had been indicted in Midd.; but that if His Majesty pleased to grant a Commission of Oyer and Terminer for Surrey, an Indictment might be preferred there against her, and she might be still tried this Term."

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Attorney General do examine John Zeale concerning Mrs. Celier, and give this House an Account thereof.

Percy versus Blackston and Coppleston, in Error.

Whereas James Percy Esquire hath brought Two Writs of Error into this House, in one of which the said James Percy is Plaintiff, and John Blackston Esquire is Defendant; and in the other Robert Utting is Plaintiff, and Sir John Copleston is Defendant; upon both which Writs, the Errors being assigned, and Issue joined:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors upon the said Two Writs of Error respectively argued, by Counsel, at the Bar, on both Parts, on Thursday the Ninth Day of December next, at Nine of the Clock in the Forenoon; whereof the said John Blackston and Sir John Coppleston respectively, are to cause timely Notice to be given to the said James Percy for that Purpose.

For securing the Protestant Religion.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Justice Windham, Mr. Justice Jones, and Mr. Justice Raymond, be appointed to present to this House, with all convenient Speed, the Bills to be drawn by them, upon the Heads lately sent to them.

Adjourn.

Dominus Præses Concilii declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 26^um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.