House of Lords Journal Volume 13: 27 March 1679

DIE Jovis, 27 die Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Marlborough takes the Oaths.

This Day William Earl of Marlborough 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.

Members in Convocation to take the Oaths, Bill.

Hodie 3^a vice lecta est Billa, "An Act to disable any Person from sitting in any of the Houses of Convocation, till he hath taken the Oaths, and made and subscribed the Declaration, therein contained."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir William Beversham and Sir Miles Coke:

To deliver the Bill to disable any Person from sitting in any of the Houses of Convocation, till he hath taken the Oaths, and made and subscribed the Declaration, therein contained; and desire the Concurrence of the House of Commons thereunto.

Newton versus Bynnes in Error.

Whereas there is a Writ of Error depending in this House, wherein Thomas Newton is Plaintiff, and John Bynnes is Defendant; upon which Errors are assigned, and Issue joined:

This House being moved, on the Behalf of the Defendant, "That a Day may be appointed to hear the said Errors argued;" it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued, by Counsel on both Parts, at the Bar, on Wednesday the Second Day of April next, at Ten of the Clock in the Forenoon; whereof the said John Bynnes is to cause timely Notice to be given to the said Thomas Newton, or his Attorney, for that Purpose.

A Bishop to preach at the Fast.

Whereas His Majesty hath been pleased to appoint that Friday the Eleventh Day of April next shall be observed and kept as a Day of Public Fasting and Humiliation:

It is ORDERED, That the Lords of the Bishops Bench be, and are hereby, desired to appoint One of their Number, to preach, on the said Eleventh Day of April, in the Abbey Church at Westminster, before the House of Peers.

Craven to be released.

The Earl of Clarendon reported, from the Committee for Examination of Matters relating to the Discovery of the late horrid Conspiracy, "That whereas Edward Craven hath been attached, by Order of this House, upon the Complaint of Mr. Oates, the said Craven hath acknowledged his Offence; so the Lords Committees are of Opinion, if this House please, to discharge him from his present Restraint, (fn. 1) that he first give an Acknowledgement under his Hand, That he hath affronted Mr. Oates."

Address for Money to the Committee to reward Discoverers of the Plot.

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

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Essex be, and is hereby, appointed to attend His Majesty, humbly to desire Him, from this House, "That He 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 of the Parliaments, to be thence issued to such Persons, and in such Proportions, as the said Lords Committees shall think fit to direct."

Weld to be put out of the Commission of the Peace, &c.

The Earl of Clarendon further reported, from the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy, "That Humphrey Weld Esquire hath been represented unto them under such Circumstances, as render him suspected to be popishly affected, if not a Papist; therefore the Opinion of the Committee is, That he may be put out of the Commission of the Peace, and removed from being a Deputy Lieutenant, and put from the Government of Portland Castle; and that his own Castle, called Lulworth, may be searched for Arms."

The Lord Chancellor hereupon did assure the House, "That he would forthwith give Directions he should be put out of the Commission for the Peace."

Address to remove him from the Government of Portland Castle, and for his House, &c. to be searched for Arms.

And the House made the ensuing Order; (videlicet,)

"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 Humphrey Weld Esquire, present Governor of Portland Castle, is represented to their Lordships under such Circumstances, as render him suspected to be popishly affected, if not a Papist: It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Gerard of Brandon do attend His Majesty, humbly to desire Him from this House, That Lulworth Castle, being the Dwelling-house of the said Humphrey Weld, and Portland Castle, whereof he is Governor, may be searched for Arms which may be concealed in or about either of the said Castles; and that His Majesty will be pleased to put him out of the Government of Portland Castle."

Newgate not infected.

The Earl of Clarendon reported further, "That the Keeper of Newgate Prison had assured the Lords Committees, that there is no infectious Disease now in that Prison, as was reported."

Paston the Priest not to be found.

Also his Lordship reported, "That the Serjeant at Arms had given the Lords Committees an Account, that he hath endeavoured what he can at present to apprehend Wollaston Paston, the Priest; but he is not to be found."

Captain Spalding at the Bar.

Captain Francis Spalding, being brought to the Bar by the Serjeant at Arms, was asked, "Whether he is not under Bail?" Which he acknowledged; and that Sir Ralph Davalall and Mr. Banks are his Bail, taken in the King's Bench.

And being asked, "Why he went down to Chepstow Castle, being a Prisoner under Bail, and by whose Order ?" He said, "He had no Order for it; but went of his own Head."

Then the Matter wherewith he was charged, and for which he was committed, on the One and Twentieth of November last, was read.

And also the Deposition of Thomas Crowder, a Soldier of that Garrison, was read; (videlicet,)

Crowder's Deposition against him.

"Monmouth, ss. The Deposition of Thomas Crowder, One of the Soldiers of Chepstow Garrison, taken before the Right Reverend Father in God William Lord Bishop of Landaff, One of His Majesty's Justices of the Peace for the County aforesaid, the 23th Day of January, 1678/9.

"This Deponent, being sworn, saith, That, being in Captain Francis Spalding's Chamber, at Chepstow Castle, about the Eleventh of November last past, he this Deponent heard the said Captain Spalding say, "That, if he had been at Home, when William Bedloe was in the Town of Chepstow, he would have secured the said William Bedloe from discovering of the Plot."

"The Mark (C) of Tho. Crowder."

Sworn before me,

William Landaffe.

The Matter of which Deposition the said Captain Spalding denied.

And then, being commanded to withdraw, the House made the Order following:

Spalding committed.

"Whereas Captain Francis Spalding, who was on the 21th of November last committed to the Prison of The King's Bench, there to remain in safe Custody till further Order, hath since procured his Enlargement upon Bail, and repaired to Chepstow Castle, as Deputy Governor thereof, and misbehaved himself there, as appeareth by the Deposition of Thomas Crowder, and other Matters upon which he was this Day examined at the Bar, being now in the Custody of the Serjeant at Arms attending this House: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Francis Spalding be re-committed to the Prison of The King's Bench, there to remain in safe Custody till further Order; and that the said Serjeant at Arms, or his Deputy, take Care to convey him the said Francis Spalding to the said Prison: And this shall be a sufficient Warrant on that Behalf.

"To Sir Geo. Charnock Knight, Serjeant at Arms attending this House, and to the Marshal of The King's Bench Prison, and their respective Deputies, and every of them."

Persons to have Access to the Five Popish Lords in The Tower

The Earl of Bridgwater acquainted the House, "That, when he and the Earl of Clarendon and the Earl of Essex were at The Tower, the Lord Bellasis and Lord Viscount Stafford desired their Lordships to represent their Desires to His Majesty, That they may have Liberty for Persons to come to them upon their Occasions; and their Lordships moving His Majesty herein, He leaves it to this House to consider of it."

Hereupon the House made this Order following:

"It being represented to this House, That the Lord Viscount Stafford and the Lord Bellasis, now Prisoners in The Tower, do humbly desire that they may have the Liberty of Persons coming to them, for preparing themselves for their Defence, and ordering their own Affairs: Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Viscount Stafford and Lord Bellasis, and the other Lords Prisoners in The Tower, shall have the Benefit of the Access of such Persons to them, or any of them, as may be useful to them for the Purposes aforesaid, so as the said Lords do cause Lists of the Names of such Persons as are from Time to Time so to be made Use of by them respectively, to be forthwith brought into this House."

Prisoners in Newgate, &c. for the Plot, to have Access of Persons.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Richard Langhorne, now Prisoner in Newgate, and all other Persons now Prisoners there, or in the Prison of The Gatehouse at Westm. or Prison of The King's Bench, for any Matters relating to the late horrid Conspiracy, shall have the Benefit of Access of such Persons to them respectively, as may be necessary to help them in making their Defences upon their respective Trials; provided that they send particular Lists of the Names of the said Persons forthwith into this House.

Information against Gage and Aston.

The Earl of Clarendon reported, "That the Committees for Examinations have perused what was brought before them by One of the Clerks of the Council, according to the Order made Yesterday, concerning the Three Gages and Mr. Aston; and do not find that there was any Information before the Committee of the Council, but only against Mr. Francis Gage, which Information their Lordships have appointed to be brought before them; and that Mr. William Aston was before the Lords Committees of the Council, and there discharged."

Jesuits College at Holbeck: Books there to be Seized.

Upon Information given to this House, "That at Holbeck, in Nottinghamsh're, there is a settled College of Jesuits, and a Library of Books belonging to them, worth about a Thousand Pounds, which is not fit to remain there:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend His Majesty, humbly to desire Him, from this House, "That His Majesty will be pleased to give Order, That One or more of the Messengers attending His Majesty's Council Board may be sent to seize and bring away the said Books, to be disposed of as His Majesty shall think fit."

London and Westm. to be cleared of Papists.

ORDERED, That To-morrow Morning this House will take into Consideration the clearing of London and Westm. from Popish Families; and to consider of the Judges Report concerning the State of the Law touching that Particular.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 28^um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.