House of Lords Journal Volume 13: 9 November 1680

DIE Martis, 9 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day John Earl of Bath took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration against Transubstantiation, in Pursuance of the Act in the 25th Year of His now Majesty's Reign, for preventing the Dangers which may happen from Popish Recusants; his Witnesses being first sworn at the Bar, to prove the Truth of the Certificate concerning his receiving the Sacrament of the LORD'S Supper.

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 the King's Person and Government by disabling Papists from sitting in either House of Parliament:

John Earl of Rutland.

Thomas Earl of Berks.

King's Answer about bringing over L. Brittus, &c.

The Lord Chancellor reported, "That he hath presented the humble Address to His Majesty, That He would please to give Order for the bringing over the Lord Brittus, Sir John Fitzgerald, Lieutenant Colonel William Bradley, and Colonel Lacy, out of the Kingdom of Ireland, in safe Custody, and for summoning Sir Thomas Southwell to appear here; and His Majesty will give Order therein; and His Majesty will take Order that Money be put into the Hands of Mr. Attorney General, to defray the Charges of the Witnesses that are brought out of Ireland."

Boomer versus Hill, in Error.

Upon reading the Petition of John Boomer; shewing, That John Hill Clerk hath, by Writ of Error, brought into this Court a Judgement given in the Court of King's Bench on the Behalf of the Petitioner, only for Delay of Justice, and hath not prosecuted the same according to the Rules of this Court; and therefore praying, that a short Day may be appointed for the said John Hill to assign Errors, or that the Transcript of the said Judgement may be remitted:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Hill be, and is hereby, required peremptorily to assign Errors within One Week next after the Date hereof; or the Transcript of the said Judgement shall be remitted.

Churchwardens of Chichester against the Bp.

Upon hearing the Churchwardens of the Parish of St. Peter the Greate, alias the Subdeanery, in Chichester, upon their Petition brought into this House against the Lord Bishop of Chichester, concerning Payments to be made to the Poor by the said Lord Bishop; and also what his Lordship had to say concerning the same:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, the Lord Bishop of Chichester having declared that he will not insist upon Privilege of Parliament, That a Trial shall be had at the next Assizes to be held for the County of Sussex, for determining the Right in this Case according to Law.

West versus Osborne.

Whereas there is an Appeal of George Osborne depending in this House, to which Richard West hath put in his Answer; and by his Petition read this Day prayeth, that a Day may be appointed to hear the said Cause:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, on both Parts, upon the said Appeal and Answer, on Thursday the 18th Day of this Instant November, at Ten of the Clock in the Forenoon; whereof the said Richard West is to cause timely Notice to be given to the said George Osborne for that Purpose.

Informations against Mrs. Cellier, concerning an Intention to burn the Fleet.

Upon Report made by the Earl of Shastesbury, from the Lords Committees for examining Matters relating to the late horrid Plot and Conspiracy, of several Informations, of John Zeale, Will. Lewis, and others, against Mrs. Elizabeth Celiere, for endeavouring to hire Persons to burn His Majesty's Fleet:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Informations be delivered into the Hands of His Majesty's Attorney General; who is hereby appointed to proceed against the said Elizabeth Cellier, as far as the Matters contained in the said Informations will bear at Law.

The Earl of Shaftesbury reported further from the Committee, "That they have taken Two Informations against one John Mason; which they thought fit to acquaint this House with."

The said Informations were read, as followeth:

Kemey's Information against Mason for Words against the D. of Monmouth, and the Parliament.

"Midd. et Westm. ff. The Information of Roger Kemeyes of Clifford's Inne, Gentleman, taken upon Oath, this 8th Day of November, 1680, before me Edmond Warcupp Esquire, One of His Majesty's Justices of the Peace in the said County and City.

This Informant saith, That, being on the 6th of November Instant, at The George in Chancery Lane, in Company of one John Mason Clerk, the said John Mason, among other Discourse, uttered Words to the Effect following, "That the Duke of Monmouth was a Puppy, and a Fool;" and used many other scandalous Words against his Grace; particularly, "that the Duke of Monmouth was a valiant Rebel; and that he would prove it by Five Hundred Witnesses in his Travels into Devonshire, and that the Duke went about the Country to get Interest;" and then repeated several scandalous Verses against the said Duke, as to his Fight at Maestrict, and wished "the Parliament were all at Tangier." But, recollecting himself on that Expression, explained, "we may have a worse;" and then used many reproachful Words against the Parliament, which this Informant cannot fully remember: But he doth say, "That the said John Mason did expressly with for a Rebellion, and that the King and Parliament might disagree; for that he should get much thereby, he having been a Loser by the late Rebellion to the Value of a Thousand Pounds per Annum." And the said John Mason did further say, "That, in his Opinion, all such were Rebels as should lift up their Hands against the Duke of Yorke to keep him from the Crown, although the King and Parliament should pass any Act to deprive him thereof; and that he would venture his Blood in that Cause." Upon which Expressions as aforesaid, this Informant did reprehend him; and he thereupon said, "It may be, you may hear I am shortly in Newgate." To which this Informant replied, "It may be, you may be there within a Week." And during the most Part of these Discourses, Mr. Charles Sandeman, Master of The George, was present.

"Roger Kemeys."

Jurat. Die et Anno Supradict. coram me,

Edmond Warcupp.

"The Information of Charles Sandeman, Master of The George, in Chancery-Lane, taken as before:

and Sandeman's.

"Who faith, That he was in Company of Mr. Roger Kemeys and Mr. John Mason Clerk, on the 6th Instant; when the said Mr. John Mason did say, "That the Duke of Monmouth was a Puppy, and a Fool;" for which Words being reprehended by the said Kemeys, and this Informant urging, "That all the World allowed the Duke of Monmouth to be a valiant Man;" the said Mason, persisting in his Reproaches against the said Duke, said, "He was a valiant Rebel, and that he would prove it by Five Hundred Witnesses in his Travel into Devonshire; and that he went, like a Snow-ball, up and down, to gather Interest;" by which this Informant apprehended he meant as if the Duke went among the Multitude to raise a Rebellion: And the said John Mason then repeated several scurailous Verses, made upon the said Duke's Exploits at Maestrict. And this Informant further faith, That the said John Mason did with, that the Parliament were at Tangier;" but he added, "that he feared therein that we have a worse," or Words to that very Effect. And he further saith, That the said John Mason did say, "That although the King and Parliament should pass an Act to exclude the Duke of Yorke from the Crown, yet such as should lift up their Hands against the Duke were Rebels in his Opinion; and he would spend his Blood in that Cause." And this Informant further saith, That the said Mr. Roger Kemeys, immediately after the Departure of the said John Mason, did say, "That the said John Mason was a sad Fellow, for he had uttered worse Words than he spoke in this Informant's Presence before; (videlicet,) "That he, the said John Mason, wished for a Rebellion, and that the King and Parliament might disagree." And further saith not.

"The (O) Mark of "Charles Sandeman."

Jurat. Die et Anno supradict. coram me,

Edmond Warcupp.

Mason to be attached.

Upon Report made by the Earl of Shaftesbury, from the Lords Committees for examining Matters relating to the late horrid Plot and Conspiracy, "That Roger Kemeys and Charles Sandeman have informed their Lordships of reproachful Language uttered by John Mason against the Parliament and the Duke of Monmouth."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy or Deputies, shall forthwith attach the Body of the said John Mason, and bring him to the Bar of this House in safe Custody, to answer for his said Offence; and this shall be a sufficient Warrant on that Behalf.

To Sir Geo. 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, to be aiding and assisting in the Execution hereof.

Justice Warcupp to be recommended to the King, for Preferment.

Upon Report made by the Earl of Shaftesbury, from the Lords Committees for examining Matters relating to the late horrid Plot and Conspiracy, "That Edmond Warcupp Esquire, One of His Majesty's Justices of the Peace and Deputy Lieutenants for the County of Midds. and City and Liberty of Westminster, hath done very good and eminent Services, in order to the Preservation and Safety of His Majesty's Royal Person and Government, in prosecuting the Discovery of the late horrid Plot and Conspiracy, which deserve a particular Regard; and that, although he formerly hath been recommended to His Majesty from this House, he hath not hitherto received any Recompense for his said Services, which he still continues to perform:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chancellor be, and is hereby, desired humbly from this House, to move His Majesty in Council, "That His Majesty would be pleased graciously to confer upon the said Edmond Warcupp some such considerable Employment, or Reward, as may be suitable to His Majesty's Royal Bounty, and the Merits and Services of the said Edmond Warcupp."

The King to be moved, for Lords Committees to have 1001. to reward poor Discovers of the Plot.

Upon Report made by the Earl of Shaftesbury, from the Lords Committees for examining Matters relating to the late horrid Plot and Conspiracy, "That their Lordships judge it requisite that there should be some Money in their Power, to be disposed for Encouragements and Rewards to such Persons (being poor) who have made, or shall make, Discoveries relating to the said Conspiracy, or do necessary Services for the said Committees:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chancellor be, and is hereby, desired humbly to move His Majesty, from this House, "That His Majesty will be graciously pleased to give Order, that One Hundred Pounds may be paid out of His Majesty's Treasury in the Exchequer, without Fees, into the Hands of the Clerk attending the said Lords Committees, to be thence issued out to such Persons, and in such Proportions, as the said Lords Committees shall think fit to direct."

Bampfield versus Vaughan.

Upon the Petition of Warwick Bampfeild Esquire, praying, "That his Appeal depending in this House may be revived:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Hugh Vaughan, Executor to Charles Vaughan deceased (who hath formerly been required to put in an Answer thereunto, which he hath not yet done), be, and is hereby, required peremptorily to put in his Answer to the said Appeal, in Writing, within One Week next after Notice given him of this Order for that Purpose; or else this House will proceed to hear the Petitioner ex Parte.

ORDERED, That the Committee for Privileges do fit this Afternoon.

ORDERED, That the Duke of Cumberland is added to the Committee concerning Justices of the Peace.

Percival, Leave to print several Trials.

The House being moved, on the Behalf of Mr. Percivall, "That he may have Leave to print and publish some Trials had at the Assizes in the North, the Proceedings whereof he hath carefully taken in Short Hand:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Percivall hath hereby Leave given him to print and publish the same, so as he first attend the Judges before whom the said Trials were had, as also His Majesty's Attorney General, or such others of Counsel for the King as were respectively employed therein, to the End they may peruse and examine his Copies, and correct them (if Need be) before he print the same.

Killegrew, King's Servant, Privilege (in Execution), discharged; and Action of Escape brought against the Bailiff.

Upon hearing Thomas Price and John Ince this Day at the Bar, upon the Complaint of Essex Strowde Esquire, Head Bailiff of Westm'r, concerning their sueing him upon an Action of Escape, for delivering Henry Killigrew, One of the Grooms of His Majesty's Bedchamber, who was discharged by Order of this House, being arrested upon Mesne Process in Time of Privilege, contrary to Privilege, but was afterwards before his Delivery charged in Execution by the said Thomas Price:

Killegrew to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Killigrew be, and is hereby, required to attend this House on Thursday next, being the Eleventh Day of this Instant November, at Ten of the Clock in the Forenoon, to shew Cause why he doth not pay the Debt by him owing unto the said Thomas Price, and give Security for the indemnifying of the said Essex Stroude from any Prosecution at Law had, or to be had, against him for the same.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, decimum diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.

Hitherto examined, this 17th Day of November, 1680, by us,

Huntingdon. Winchilsea.
Craven. P. Bath & Wells.