House of Lords Journal Volume 13: 30 April 1678

DIE Martis, 30 die Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. Cumberland takes the Oaths.

This Day the Duke of Cumberland took the Oaths of Supremacy and Allegiance, and subscribed the Declaration against Transubstantiation, pursuant to the Act for preventing Dangers which may happen from Popish Recusants. His Witnesses were sworn, and examined by the Lord Chancellor, as to the Truth of the Certificates concerning his Lordship's receiving the Sacrament of the LORD'S Supper.

Message from H. C. for a Conference on the Growth of Popery.

A Message was brought from the House of Commons, by Sir John Trevor Knight, &c.

To desire a Conference, touching the Danger the Kingdom is in by Reason of the Growth of Popery, and to consider of the Remedies for preventing the same.

The Answer returned was:

Answer.

That this House hath considered of their Message, and do agree to the Conference; and appoint the same to be presently, in the Painted Chamber.

Then the House appointed these Lords following to be Reporters of the Conference:

The Lord Chancellor, the Lord Privy Seal, Marquis of Winton, Earl of Bridgwater, Earl of Clarendon, Earl of Essex, Earl of Shaftesbury, Earl of Aylesbury, Vicecomes Hallyfax.

Treaties laid before the House.

The Lord Chancellor gave the House an Account, "That he hath moved His Majesty, that He would be pleased to communicate to the House those Treaties made with The States Generall: And His Majesty hath commanded him to deliver the Originals, for their Lordships better Information and Satisfaction concerning those Treaties."

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference on the Growth of Popery.

Then the Lord Chancellor reported the Effect of the Conference; which was, "That the House of Commons, taking into serious Consideration the Dangers arising to this Kingdom, from the restless Endeavours of Priests and Jesuits, and other Popish Recusants, to subvert the true Religion planted amongst us, and to reduce us again under the Bondage of Romish Superstition and Idolatry; and finding how great Boldness they have assumed to themselves from the great Remissness and Connivancy of His Majesty's Officers and Ministers of Justice, both Civil and Ecclesiastical, whereby so many good and necessary Laws heretofore made against them have not of late Times been put in any effectual Execution, they do therefore think it requisite to apply some Remedy to this growing Evil, especially at this Time, wherein the Unity of Affections, and the mutual Confidence between His Majesty and His People, does so much conduce to the Preservation of the whole Kingdom: And because they have found by Experience, that all those Applications they have formerly made upon this Subject have not produced any Effects answerable to their Expectations, they have endeavoured to discover the Causes and Grounds thereof, which they conceive are principally these:

"The Difficulty to convict Romish Priests by proving their Ordination by Authority derived from the See of Rome; which makes them more confident to appear in public, and perform their Offices and Functions without Fear of Punishment.

"That Justices of Peace are discouraged, because several of those that have been forward in excuting the Laws against Papists in such Counties where they do most abound have been turned out of Commission without any apparent Cause; whilst others, suggested to be Popishly inclined, have been continued in Commission, or put in de novo.

"That, in several Counties, many Protestant Dissenters have been indicted under the Notion of Popish Recusants, and the Penalties of the Law levied upon such Protestant Dissenters; when the Papists there have been either totally, or for the greatest Part, discharged.

"That the Papists do evade the Penalties of the Law, by making over their Estates by secret Trusts and fraudulent Conveyances, and yet receiving the Profits of them to their own Use and Benefit; whereas, in former Times, considerable Sums of Money were raised by the Forfeitures of Popish Recusants, that now, by the Remissness of some and Discouragement of others of His Majesty's Officers and Ministers of Justice, little or nothing is levied upon them, or likely to be levied hereafter, unless the Care thereof be committed to particular Commissioners in the several Counties, and the Monies arising thence applied to some Public Use for the Advancement of the Protestant Religion, which may encourage Persons to see it executed.

"That Persons are not discouraged to breed up their Children, or to suffer them to be bred up, in the Popish Religion, because they are as capable of inheriting the Estates of their Parents and Relations as any other of His Majesty's Protestant Subjects.

"The Commons do therefore most earnestly desire your Lordships to consider the Dangers and sad Consequences that may befal this Kingdom by the spreading of that Religion amongst us; and seriously and cordially to join with them, in removing these and all other Impediments which obstruct the Course of Justice, and the due Execution of the Laws, either by expediting those Remedies which have been offered by them to their Lordships, or by proposing such other as may be more effectual; and that this may be done with all Expedition, because the Commons cannot think it suitable to their Trust for them to consent to lay any further Charge upon the People (how urgent soever the Occasions be that require it) till their Minds be satisfied that all Care and Diligence is used to secure the Kingdom, and prevent the Dangers that may arise from the Prevalency and Countenance that is given to that Party by some more effectual Course than hath been already provided."

ORDERED, That this House will take into Consideration the Matter of this Conference on Thursday Morning next, the First Business.

Treaties with Holland.

Next, were read the Treaty with The States of Holland, in Latine.

1. The Original Offensive and Defensive.

2. Separate Articles concerning Friburg.

3. Separate Articles concerning Lorraine.

4. Declarat. Art. as to the Places belonging to the Empire.

5. Declar. Art. as to the Dependences, &c.

There was One other Treaty that was not read, being in French.

Treaties to be translated.

Whereupon it is ORDERED, That the Lord Chancellor be, and is hereby, desired to take Care, and give Order, that the Treaties Offensive and Defensive, which were this Day produced in the House of Peers in French and Latine, may be translated into English, against Thursday Morning next, for the Service of the House; and that the said Originals in French and Latine may also be then brought again into the House of Peers.

Ld. Chancellor to write to absent Lords to attend.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chancellor be, and is hereby, desired to direct Letters of Summons to such absent Lords as have not His Majesty's Leave to be absent, and have not their Proxies entered in the House, that they forthwith appear, and attend the carrying on of His Majesty's Service in the House of Peers.

E. Powis, Privilege.

Whereas, upon Complaint made to this House, "That, on or about the Ninth Day of March last, John Evans (owned by the Earl of Powis; a Peer of this Realm, to be his Servant and Receiver of his Rents) was arrested and detained in Prison, in the Gaol of Poole, in the County of Mountgomery, then sitting the Parliament, contrary to the Privilege of Parliament;" it was, on the Nineteenth Day of the said Month of March, ordered, That the said John Evans should be forthwith discharged; and that Gerard Herbert, Mathew Morris, Thomas Hodson, Henry Kiffin, Evan Thomas, and Thomas Griffith, should appear at the Bar of this House, to answer to the said Complaint of Breach of Privilege:

Peirce, Herbert, et al to be attached, for Contempt of an Order to release Evans his Servant, &c.

It appearing, by the Affidavit of Thomas Jones of Kandussell, read this Day in this House, "That John Peirce refused to discharge the said John Evans; and that the said Thomas Hodson, Henry Kiffin, and Thomas Griffith, refused to obey the Order of this House; and that due Notice was given for the Appearance of all the said Persons summoned, which they have not obeyed;" it is thereupon 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 Bodies of the said John Peirce, Gerard Herbert, Mathewe Morris, Thomas Hodson, Henry Kiffin, Evan Thomas, and Thomas Griffith, and bring them in safe Custody to the Bar of this House, to answer for their said Contempts; and this shall be a sufficient Warrant on that Behalf.

To Sir George Charnock Knight, Serjeant at Arms attending this House, his Deputy and Deputies, and to all Sheriffs, Mayors, Bailiffs, Constables, and other His Majesty's Officers, to be aiding and assisting in the Execution hereof.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 2^um diem Man, 1678, hora decima Aurora, Dominis sic decernentibus.