House of Lords Journal Volume 13: 23 November 1680

DIE Martis, 23 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. President, Speaker.

The Lord President supplied the Place of the Lord Chancellor.

Question for appointing a joint Committee with Commons, to consider the State of the Kingdom.

The Question was propounded, "Whether there shall be a Committee appointed, in order to join with a Committee of the House of Commons, to debate Matters concerning the State of the Kingdom?"

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

It was Resolved in the Affirmative.

Then the main Question was put, "Whether there shall be a Committee appointed, in order to join with a Committee of the House of Commons, to debate Matters concerning the State of the Kingdom?"

It was Resolved in the Negative.

Protest against not appointing one.

These Lords following, before the abovesaid Question was put, desired Leave to enter their Dissents, if the Question was carried in the Negative; and accordingly do enter their Dissents.

"We do dissent to the Question aforesaid; and do enter our Dissent, and Reasons following:

"Because we are fully convinced in our Judgements, that the conferring of the Lords with the Commons, by a joint Committee of both Houses, is the likely Way to produce a good Understanding between them; which we take to be most necessary at this Time, for the Safety of the King's Person, and the Security of the Protestant Religion against the bloody Designs of the Papists; as also for the Redress of other Grievances which the Nation at this Time lies under.

"Buckingham. Salisbury.

"Bedford.

"Maclesfeld.

"Stamford.

"Monmouth.

"Kent. Essex.

"Clare.

"Westmorland.

"P. Wharton.

"Pagett.

"Sunderland.

"J. Lovelace. Mulgrave.

"Delamer.

"Herbert.

"Brooke."

Bickly dismissed.

This Day Captain Bickley, who had spoken disparaging Words of Dr. Oates, was called in; at the same Time Dr. Oates was also present.

Bickley was asked, "What he can say to the Information against him?"

He said, "The Party that made the Information was mistaken; and there was but a single Witness against him."

Dr. Oates declared, "That he had forgiven the said Bickley for what concerns himself; and made it his humble Request to the House on his Behalf."

Bickley was commanded to withdraw.

And the House considering of his Offence; ORDERED, That he be brought in as a Delinquent, and receive the Reprehension of the House for his Offence; and be admonished to keep better Company for the future, and be more vigorous in the Execution of his Place, as a Justice of Peace, against Papists.

The said Captain Bickley being brought to the Bar, and kneeling; the Lord President, by Directions of the House, gave him an Admonition and Reprehension; and thereupon he was dismissed from further Attendance.

Mildmay versus Ducket.

Upon reading the Petition of William Mildmay Esquire, and others, Respondents, to the Appeal of Thomas Ducket Esquire, from a Decree in the Court of Chancery, the Matter of which Appeal is appointed to be heard at the Bar of this House, at Three of the Clock this Afternoon; shewing, "That Henry Mildmay, a "Party to the Decree, and the said Petitioner's Brother, hath in his Hands several Deeds and Evidences, which were made Use of by the Petitioner, in the Court of Chancery, upon making of the said Decree, and which the Petitioner will have Occasion for upon the said Appeal:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Mildmay be, and is, required to attend the said Hearing of the said Appeal, and with all such Deeds and Evidences and Writings which are in his Hands, and were made Use of by the Petitioner at the making of the said Decree.

Bill for an Association.

ORDERED, That these Lords following are added to the Committee for Association:

Knollis, Servant to E. of Strafford, claiming Privilege.

The Marquis of Worcester reported from the Committee of Privileges, "That their Lordships are of Opinion, that Francis Knollis is such a Servant to the Earl of Strafford, as entitles him to Privilege of Parliament: But whether Parliament Privilege doth extend to exempt one being an House-keeper from bearing any Office in the Parish, they submit to the Judgement of this House; though their Lordships are of Opinion, that it doth extend to such an Exemption, there being no Example to the contrary produced to them, and it appearing to their Lordships to fall under the same Reason."

Hereupon the following Order was made:

Privilege of Parliament does not extend to exempt Lords Servants (House-keepers) from bearing Parish Offices.

"The House taking into Consideration a Report made from the Lords Committees for Privileges, in the Case of Mr. Francis Knollis, Servant to the Earl of Strafford, and a Housekeeper in Covent Garden Parish, whether he ought to be exempted from bearing Office in his Parish, by Privilege of Parliament: It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Francis Knollis being a Housekeeper (though Servant to the Earl of Strafford) ought not to be exempted from bearing Office in the Parish wherein he liveth, under Colour of Privilege of Parliament; but that he shall have such Privilege of Parliament as belongs to Peers Servants."

Message from H. C. with an Address.

A Message was brought from the House of Commons, by Sir Francis Russell and others:

That the House of Commons had prepared an Address to be presented to His Majesty for a Fast; to which they desire their Lordships Concurrence.

Address to the King, for a Fast:

The Address was read; videlicet,

"We Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, being deeply sensible of the sad and calamitous Condition of this Your Majesty's Kingdom, occasioned chiefly by the impious and horrid Conspiracies of a Popish Party, who have not only plotted and intended the Destruction of Your Majesty's Royal Person, but the total Subversion of the Government and true Religion established amongst us; and finding the same detestable Machinations still obstinately prosecuted by them, as well by fomenting Divisions amongst Your Majesty's loyal Protestant Subjects, as all other the most wicked Contrivances, notwithstanding the many Discoveries thereof, by God's great Mercy and wonderful Providence, lately brought to Light; all which dreadful Judgements are now impending over us most deservedly for our many and grievous Sins, and cannot otherwise in human Reason be prevented but by the particular Blessing of God upon the Consultations and Endeavours of Your Great Council now assembled in Parliament; do in all Humility beseech Your Majesty, That, by Your Royal Proclamation, a Day may be solemnly set apart, wherein both ourselves and all Your Majesty's loyal Subjects may, by Fasting and Prayers, endeavour a Reconciliation with Almighty God, and with humble and penitent Hearts implore Him, by His Power and Goodness, to divert those Judgements, and defeat the wicked Councils and Devices of our Enemies, to unite the Hearts of Your loyal Protestant Subjects, and to continue His Mercy and the Light of His Gospel to us and our Posterities; and more especially to bestow His abundant Blessings on Your Sacred Majesty, and this present Parliament; that our Consultations and Endeavours may produce Honour, Safety, and Prosperity, to Your Majesty and Your People."

Agreed to.

Agreed to; with the Addition of the Words, ["Lords Spiritual and Temporal."]

The Answer returned to the House of Commons was:

That the Lords had considered of their Message; and had agreed to the Address to be presented to His Majesty for a Fast.

Message to know when the King will be attended.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend His Majesty from this House, to know His Majesty's Pleasure, when both Houses may wait upon His Majesty, with their humble Address for a solemn Fast to be kept throughout this Kingdom.

Sir Oliver Butler versus Regem, &c.

Whereas there is an Appeal of Sir Oliver Boteler depending in this House, to which Sir Phillip Warwicke and others have put in their several Answers; it being prayed, by the Petition of the said Sir Oliver Boteler, that a Day of Hearing may be appointed thereupon, as that he may give Notice to the said Respondents, some of which live far out of Town:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel at the Bar, upon the said Appeal and Answers, on Wednesday the Eighth Day of December next, at Three of the Clock in the Afternoon; whereof the said Sir Oliver Boteler is to cause timely Notice to be given to the said Respondents respectively for that Purpose.

Protestant Religion for securing.

The House was put into a Committee, to consider of the Head concerning the Queen, and the Marriage of the King.

The House was resumed.

And the Lord Privy Seal reported, "That this Day being appointed to debate the Business concerning the Queen, in regard a Lord that is now absent pretends he hath somewhat to offer in the Business; the House thought fit to lay aside that Debate, and proceed on other Heads."

The House was again adjourned into a Committee, to consider of further Heads for securing the Protestant Religion, which were read; (videlicet,)

"That no Forces be raised without Consent of Parliament: If any be, it shall be lawful for any to oppose them.

"That the Parliament in Being at the King's Death shall continue to sit Six Months after the Demise of the King; if no Parliament, the last preceding Parliament shall meet and sit.

"In Absence of Parliament, a Committee to fill all places; which the Parliament shall have Power to approve or disapprove."

The House agreed to these Heads.

Then all the Heads agreed on were read; videlicet,

Heads for Bill, for securing the Protestant Religion.

"Heads agreed on for One or more Bill or Bills for securing the Protestant Religion.

"That there be a Bill of Association, as was in the Reigns of Ed. III^d. and Queen Elizabeth.

"That the Proviso exempting the Duke of Yorke from taking the Oaths, and making the Declaration, in the Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament, be repealed.

"That the Duke of Yorke be disabled from being Admiral of Ireland, The West Indies, Tangier, or bearing any other Office in England or Ireland, or any other Dominions to either of them belonging.

"That Care be taken, that all Ecclesiastical and Spiritual Benefices and Promotions in the Gift of the Crown may be conferred in such a Manner, that the Incumbents shall always be of the most pious and learned Protestants: And that James Duke of Yorke, nor any Popish Successor while he continues so, may have any Power to control such Presentments, nor to dispose of any the Premises belonging to or in the Gift of the Crown.

"That there be a Limitation, to debar the Duke of Yorke, in case the Crown fall to him, of the Negative Voice in Parliament.

"That the Duke of Yorke dispose of no Offices, Civil, Ecclesiastical, or Military, without Consent in Parliament.

"And such as are at his coming to the Crown, to continue.

"And the Parliament to fill all vacant Places; (videlicet,) Privy Council, Militia, Officers of the Admiralty, &c.

"No Forces to be raised without Consent of Parliament: If any be, it shall be lawful for any to oppose them.

"The Parliament in Being at the King's Death, shall continue to sit Six Months after the Demise of the King; If no Parliament, the last preceding Parliament shall meet and sit.

"In Absence of Parliament, a Committee to fill all Places, which the Parliament shall have Power to approve or disapprove."

ORDERED, That it is hereby referred to Mr. Justice Jones and Justice Raymond, to draw up a Bill on the Heads now read, excepting that Head concerning Association; and to present the same to the House.

Committee to consider of Method of proceeding on L. Stafford's Trial.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Privileges, to advise and consider of what Directions, Rules, and Methods, are fit to be observed, for Preservation of Order and Regularity in the Trial of the Lord Viscount Stafford, now to be tried, together with all such Circumstances as occur in such Trials, and make Report unto the House.

Adjourn.

Dominus Præses Concilii declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quarta, Dominis sic decernentibus.

Hitherto examined, this 8th Day of December, 1680, by us,

J. Bridgewater.

Clarendon.

P. Bath & Wells.

Tho. Exon.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. President, Speaker.

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

Ducket versus Mildmay.

Upon hearing Counsel this Day at the Bar, as well upon the Petition of Thomas Ducket Esquire, being an Appeal from a Decree made in the Court of Chancery, in Easter Terme, One Thousand Six Hundred Seventy and Eight, on the Behalf of William Mildmay Esquire and others, concerning Lands in Hensted, in the County of Suffolke, and a Personal Estate, pretended to be conveyed and settled by the said William Mildmay upon the Petitioner and his Children; by which Decree the Petitioner is to account for the Rents, Issues, and Profits, by him received by virtue of the said Conveyances (as in his said Appeal is suggested); as also upon the Answer of the said William Mildmay and others put in thereunto, and Replication of the said Thomas Ducket thereupon:

After due Consideration had of what was offered on either Side in the said Cause, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree aforesaid, from which the said Thomas Ducket appealed to this House, be, and is hereby, confirmed; and the Appeal of the said Thomas Ducket dismissed this House.

O'Hara versus Crowe.

Upon reading the Petition of Rose O'Hara Widow, being an Appeal from a Decree made in the Court of Chancery in the Kingdom of Ireland, on the Fifteenth Day of February, One Thousand Six Hundred Seventy and Seven, in a Cause lately depending in that Court, wherein John Crow and Elizabeth his Wife were Plaintiffs, and the Petitioner and Richard Lord Baron of Santry Defendants, concerning Leases for Years, of certain Castles, Messuages, and Lands, &c. with their Appurtenances, granted by the Mayor and Sheriffs and Commons of Dublin to Jacob Newman the Petitioner's Grandfather, and by him devised to several Uses in the Petition set forth; and praying, that the said John Crow and Elizabeth his Wife may answer thereunto:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Crow and Elizabeth his Wife be, and they are hereby, required to put in their Answer or Answers, in Writing, to the said Appeal of Rose O'Hara, at the Bar of this House, on the First Day of the Sitting of this House next after Christmas Holidays now at Hand; whereof the Petitioner is to cause timely Notice to be given to the said John Crow and Elizabeth his Wife (who may have a Copy of the said Appeal) for that Purpose, in order to a Hearing on both Parts, at the Bar of this House.

ORDERED, That the Committee about Dissenters, and the Committee for the Bill of Association, do meet To-morrow Morning, at Eight of the Clock.

The Duke of Bucks is added to the Committee for Dissenters.

Adjourn.

Dominus Præses Concilii declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 24^um diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.