House of Lords Journal Volume 13: 29 March 1679

DIE Sabbati, 29 die Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

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:

Edward Lord Ward.

Gilbert Earl of Clare.

Books and Trunks at Holbeck, to be brought up.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Messenger, appointed by His Majesty to seize and bring away the Books which are secured at Holbeck, in Nottinghamshire, be, and is hereby, authorized and required to bring away also the Trunks which remain there under Seizure, and sealed up; and for so doing, this shall be a sufficient Warrant.

Chests and Trunks found in Weld's Garden, to be examined.

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, upon searching the House of Humphrey Weld Esquire, there are found, in a Grotto in the Garden, several Chests and Trunks, which, the said Humphrey Weld alledgeth, are Goods left in his Hands by Don Pedro de Ronquillio, late Spanish Ambassador here, for a Security for a Sum of Money paid by him for the said Don Pedro de Ronquillio:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Tymothy Baldwin One of the Masters of the Chancery, Sir Robert Southwell, Edmund Warcup Esquire, and Mr. Blaithwaite, be hereby appointed forthwith to search the said Chests and Trunks so seized, and peruse the Papers therein; and give this House an Account of what they find.

Tasborough to be tried at the King's Bench Bar, for the Plot.

Upon Information given to this House, "That Richard Tasborough Esquire, who is charged to be guilty of the late horrid Conspiracy, for which he was committed to the Prison of The King's Bench, hath since been enlarged upon Bail, and is now to be brought to his Trial at the Assizes at Berry, in the County of Suffolk:"

Upon Consideration had of the Case of the said Richard Tasborough, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Judge of Assize for that County be, and is hereby, directed, that his Lordship proceed no farther upon the Trial of the said Richard Tasborough, than to the Indictment of him, and the finding thereof by the Grand Jury; and that the said Richard Tasborough may be safely sent up to London, in order to his Trial to be had at the Bar of the Court of King's Bench: And it is further ORDERED, That Mr. Thomas Beake, One of the Messengers attending His Majesty's Council Board, be, and is hereby, authorized and required, with all Speed, to attend the said Judge of Assize, for this Purpose; and to take Care of the Execution of this Order as to the bringing up the said Richard Tasborough in safe Custody, in order to his intended Trial: And for so doing, this shall be a sufficient Warrant.

To Mr. Thomas Beake, One of the Messengers attending His Majesty's Privy Council, as also to all His Majesty's Officers Civil and Military, to be aiding and assisting in the Execution hereof.

The Lord Privy Seal is added to all the Standing Committees.

The Earl of Clare and the Lord Bishop of Worcester are added to the Committee for examining the Matters relating to the horrid Conspiracy.

Prosser to continue in Custody.

Whereas Benedict Prosser was this Day brought to the Bar, by the Serjeant at Arms attending this House; where the said Benedict Prosser, hearing what was charged upon Oath upon him, denied the same:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Benedict Prosser shall remain in the Custody of the Gentleman Usher of the Black Rod attending this House, and be brought to the Bar on Monday Morning: And this shall be a sufficient Warrant on that Behalf.

To Sir Edw. Carteret Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.

Prance to attend.

ORDERED, That Miles Prance be, and is hereby, required to appear at the Bar of this House, on Monday next, at Ten of the Clock in the Forenoon; at which Time Benedict Prosser is to appear at the Bar also; and hereof the said Miles Prance may not fail.

Prosser's Bail discharged.

Whereas Mr. Redwood and Mr. Glascock, who were Bail for Benedict Prosser, were this Day brought to the Bar, by the Serjeant at Arms attending this House, as also the said Benedict Prosser, who absconded till his Bail were attached, and is now committed to the Custody of the Gentleman Usher of the Black Rod:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mr. Redwood and Mr. Glascock be, and are hereby, discharged from any further Restraint concerning this Matter, paying their Fees: And this shall be a sufficient Warrant on that Behalf.

To Sir Edw. Carteret Gentleman Usher of the Black Rod, and to Sir Geo. Charnocke, Serjeant at Arms attending this House, their respective Deputies, and every of them.

E. of Rochester, Privilege. Cross discharged.

Whereas Mrs. Elizabeth Cross was this Day brought to the Bar, by the Serjeant at Arms attending this House, for causing William Clarke (owned by the Earl of Rochester, a Peer of this Realm, to be his menial Servant) to be arrested, sitting the Parliament, contrary to the Privileges of Parliament, and was there heard what she had to say:

Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Elizabeth Crosse be, and is hereby, discharged from any further Attendance concerning this Matter (the Earl of Rochester having declared his Consent thereunto): And this shall be a sufficient Warrant on that Behalf.

To Sir Edw. Carteret, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.

Hemings to continue in Custody.

Whereas Luke Hemings was this Day brought to the Bar, by the Serjeant at Arms attending this House, for arresting William Clarke, now sitting the Parliament, contrary to the Privilege of Parliament, the said William Clark being a menial Servant to the Earl of Rochester, a Peer of this Realm, and claiming his Privilege:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Luke Hemings shall remain in the Custody of the Gentleman Usher of the Black Rod attending this House, till further Order: And this shall be a sufficient Warrant on that Behalf.

To Sir Edw. Carteret Knight, Gentleman Usher of the Black Rod, his Deputy and Deputies, and every of them.

Howell & al. to attach Priests.

Upon Report from the Lords Committees for receiving Informations concerning the late horrid Conspiracy, "That Jonathan Ball hath informed their Lordships, that divers Priests and Jesuits lurk privately in Nottinghamshire, and other Counties; and that he hath some Reason to hope that he may discover and apprehend some of them:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. William Howell, One of His Majesty's Messengers, taking to his Assistance the said Jonathan Ball (who hath already been instrumental in Service of the same Nature), be, and is hereby, authorized and empowered to seize any Popish Priest or Jesuit whom they shall discover, either in the County of Nottingham, or elsewhere; and to bring the Persons so seized in safe Custody to the Bar of this House: And for their so doing, this shall be a sufficient Warrant.

To Mr. William Howell, One of His Majesty's Messengers, and to the said Jonathan Ball, and to all His Majesty's Officers Civil and Military, to be aiding and assisting in the Execution hereof.

Biggs to attend, for arresting Markham, under Pretence of searching for Persons in the Plot.

Upon Complaint made to this House, "That Francis Biggs hath caused Mr. Markham, of Ollerton, in the County of Nottingham, to be arrested, by Jonathan Ball; who, under Pretence of searching for Popish Priests and Jesuits, commanded Entrance into the said Mr. Markham's House, and executed the Arrest:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Francis Biggs be, and is hereby, required to appear at the Bar of this House, to answer to the said Complaint, on Monday the Seventh Day of April next, at Ten of the Clock in the Forenoon; and hereof he may not fail.

E. of Pembrooke, Privilege;

Upon Complaint made to this House, "That Thomas Vile, Servant to the Earl of Pembrooke, a Peer of this Realm, was arrested by Wytham, One of the Serjeants belonging to the Poultrey Compter, at the Suit of Daniell Templeman, Wine-cooper, in January last, within the Time of Privilege of Parliament, contrary to the said Privilege:"

Templeman and Wytham sent for, for arresting Vile his Servant.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Daniell Templeman and Wytham be, and are hereby, required to appear at the Bar of this House, on Wednesday the Second Day of April next, at Ten of the Clock in the Forenoon, to answer to the said Complaint; and hereof they may not fail.

Securing the Protestant Religion.

The House was adjourned into a Committee, to consider of the Means of securing the Protestant Religion; and have perused what formerly had been in Consideration tending to that Matter.

The House being resumed;

The Earl of Bridgewater reported, "That the Committee, upon reading what Proceedings had been in the last Parliament for the securing of the Protestant Religion, and Consideration had thereupon, have prepared Orders for excluding Papists out of the Inns of Court and Chancery, and other Societies."

Which (fn. 1) were read, as followeth:

Papists to be excluded the Inns of Court.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Treasurers or other Benchers of the several Inns of Court, and the Principals, (fn. 2) Rulers, or other chief Members, of the several Inns of Chancery, being in Town, do forthwith bring into this House a perfect List of all Members of the said several Societies that are Irishmen, and also others that are Papists, or reputed Papists; and that, the next Term, or so soon as possibly they can, they do expel out of their several Societies, all such Persons as shall not give Testimony of their being Protestants, by going to Church, and receiving the Sacrament, taking all Oaths, and making and subscribing such Tests and Declarations as are appointed by any Law for distinguishing Protestants from Papists; and that none shall be hereafter admitted that shall not do the same."

Papists to be excluded Doctors Commons, &c.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Governors or principal Members, now in Town, of the several Societies of Doctors Commons, The College of Physicians, and The Heralds Office, do forthwith bring into this House the Names of such Members of their respective Societies as are Papists, or reputed Papists; and that they do (so soon as regularly they can) expel out of their several Societies all such Persons as shall not give Testimony of their being Protestants, by going to Church, receiving the Sacrament, and by taking such Oaths, and making and subscribing such Tests and Declarations, as are appointed by any Law for distinguishing Protestants from Papists; and that none shall be hereafter admitted in any of the said Societies that shall not do the same."

These Two Orders were agreed to.

Bill to be prepared to exclude Papists for ever out of the said Societies.

And, according to the Desire of the Committee, it is ORDERED, That the Lord Chief Justice of the Court of Common Pleas, and Mr. Baron Thurland, do prepare a Bill, to be offered to this House, for putting the Matter of the Orders made this Day concerning the Inns of Court and Chancery, The Doctors Commons, The College of Physicians, and Heralds Office, into the Form of a Law, to be perpetual for the future.

Another Part of the Report is,

No Person, who breeds up his Children Papists, to be in any Office.

"That the Committee are of Opinion, That an humble Address be presented to His Majesty, that all such Persons who bring up, or suffer their Children to be bred up in the Popish Religion, may, by His Majesty's Order, be put out of all Public Employ ments, Civil and Military, whereof they are now possessed: And that, for the future, no such Persons, nor any Person, shall be put into, or continued in, any Public Employment, Civil or Military, who shall knowingly marry a Papist."

The House agreed with the Committee herein; and made the Order following:

Address for that Purpose to the King.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with the White Staves do attend His Majesty, humbly to desire Him, from this House, that all such Persons who breed, or suffer their Children to be bred up in the Popish Religion, may, by His Majesty's Order, be put out of all public Employments, Civil and Military, whereof they are now possessed; and that, for the future, no such Persons, nor any Person shall be put into, or continued in, any public Employment, Civil or Military, who shall knowingly marry a Papist."

The Question being put, "Whether this House shall be adjourned till Tuesday?"

It was Resolved in the Negative.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum effe usque in diem Lunæ, 31^um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 1st of April, 1679, by us,

J. Bridgewater.
Craven.
P. Bath & Wells.
Vaughan Carbery.
Delamer.