House of Lords Journal Volume 13: 1 April 1679

DIE Martis, primo die Aprilis.

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:

John Earl of Bristol.

Charles Earl of Nottingham.

Clergy to subscribe Declaration, Bill.

Hodie 1^a vice lecta est Billa, "An Act requiring all Ecclesiastical Persons to make and subscribe the Declaration therein contained."

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Robert Peyton and others, who said, "That the House of Commons have passed a Bill, intituled, An Act for the Attainder of Thomas Earl of Danby, of High Treason; to which they desire their Lordships Concurrence."

Prosser examined.

This Day Benedict Prosser was brought to the Bar; and Miles Prance, being called in, charged Prosser, "That he came to his Shop, and said, "That he was undone; and that he did intend to kill the Lord Shaftesbury, for he with other of the Lords did intend to undoe the Lord Arundell, who was his very good Customer." And the said Prosser also told him, at Bradley's, in Holborn, "That he was to be an Ensiga under the Lord Arundell."

Prance Confronted with him.

Miles Prance further said, "That he and Mr. Messenger, and Prosser, and Mattison, were at Bradley's, in Holborn, about Five Weeks before Staley was taken; and Messenger much complaining of the Severity of the Laws that were against the Catholics, and much fearing they would be put in Execution against them by some that were not Lovers of the Catholics, and particularly the Lord Shaftesbury, who did most busy himself about them; therefore he said, "That there must be speedy Course taken to prevent it;" and that, after their Meeting at the Cross Keyes, by Staley's, he met with Prosser at Bradley's, where he told him, That Messenger was the Person that promoted the Killing of the Lord Shaftsbury."

Hereupon the House made the Order following:

Prosser committed for High Treason.

"Whereas Benedict Prosser was this Day brought to the Bar by the Gentleman Usher of the Black Rod attending this House, and was there charged upon Oath with Matters amounting to High Treason: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Benedict Prosser be forthwith conveyed to the Prison of Newgate, by the said Gentleman Usher or his Deputy or Deputies, there to remain in safe Custody till he shall be discharged by due Course of Law; and that the Keeper of Newgate take Care that no Person be admitted to the said Benedict Prosser except his Wife, till further Order; and this shall be a sufficient Warrant on that Behalf.

To the Gentleman Usher of the Black Rod attending this House, and to the Keeper of Newgate, and their respective Deputies, and every of them."

E. Danby's Attainder Bill.

Hodie 1^a vice lecta est Billa, "An Act for the Attainder of Thomas Earl of Danby, of High Treason."

Lady Abergavenny's Privilege, for her Servants Recusancy.

Peers Servants Recusants, not allowed Privilege.

The Earl of Shaftesbury reported, from the Committee of Privileges, "That, upon the Case of the Lady Abergavenye's Servants, referred to their Lordships, they have perused the Precedent of 28th of June, 1625, in the Case of Farrington and Andrewes, upon a Suit commenced upon the Statute against Recusancy: Upon Consideration had thereof, the Committee are of Opinion, That there ought not to be any Privilege allowed to any Peers or Peeresses Servants, in the Case of Recusancy."

ORDERED, That this House confirms this Report; and that the Law accordingly proceed, notwithstanding the Privilege claimed in this Case.

State of Ireland.

The House was put into a Committee, to consider further of the present State of Ireland, in this Time of imminent Danger, and the securing the Protestant Interest there.

The House being resumed;

Papists there to be disarmed; and Arms, &c. to be sent to the Protestants.

The Earl of Bridgwater reported, "That it is the Opinion of the Committee of the whole House, That an Address be presented to His Majesty, that He would be pleased to give Order to the Lord Lieutenant of Ireland, to put all the Laws in Execution, strictly and vigorously (that are now in Force), for the disarming of all Papists there; and that the Lord Lieutenant take the best Course he can, to arm all the Protestants there, for the Defence of their Religion, and the Government of that Kingdom.

"And that His Majesty will be pleased to give Order, That a sufficient Quantity of Arms and Gunpowder may be sent over, to be distributed to such Places in Ireland as the Lord Lieutenant shall think fit; which are to be sold, to the Protestants only, at such Rates as they come to His Majesty's Hands.

Forfeited Bonds, for not bringing up Children Protestants there, to be sued.

"Also that His Majesty will be pleased to give Order to the Lord Lieutenant of Ireland, for the enquiring after and prosecuting such Bonds by Suits, as have been entered into in Ireland for the Educating of Children in the Protestant Religion, and are forfeited by the said Childrens being educated Papists; and that the Forfeitures may, by His Majesty's Order, be disposed in such Manner to charitable Uses as that they may be effectually recovered.

No Papists to be of Juries there.

"Also that His Majesty be humbly moved, from this House, That, when He sends any Bills into Ireland, some Provision may be made in One of them, that Papists may not be of Juries there."

Which Report the House agreed to.

Bill to clear London and Westminster of Papists.

Hodie 2^a vice lecta est Billa, "An Act for freeing the City of London, and Parts adjacent, from Popish Inhabitants."

ORDERED, That the Consideration of this Bill is committed to these Lords following; (videlicet;)

Lord Chief Justice of the Common Pleas, to assist their Lordships.

Their Lordships, or any Five of them; to meet Tomorrow, at Nine in the Forenoon, in the Prince's Lodgings; and to adjourn as they please.

Bryan, Leave to stay in Town.

This House being moved, "That Mr. James Bryan, who, in Obedience to His Majesty's late Proclamation, hath absented himself from the Cities of London and Westminster, may have Leave to come to, and stay some Time in, Town:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Bryan be, and is hereby, authorized and permitted to come to, and abide in, the Cities of London and Westm. or either of them, for the Space of One Month from the Date of this Order, but no longer.

Appleton, Leave to make up Accompts with L. Bellasis, in The Tower.

Upon reading the Petition of Robert Appleton Esquire; shewing, "That he hath several Accompts depending unbalanced between the Lord Bellasis (now Prisoner in The Tower) and himself; and therefore praying, that he and his Accomptant may have Leave for free Access to his Lordship, to adjust the said Accompts:"

Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Appleton, and John Gold Merchant his Accomptant, be, and hereby are, authorized and permitted to have Access to the Lord Bellasis, for adjusting and balancing the said Accompts, carrying with them such Books and Papers as concern only the said Accompts; and for their so doing, this shall be a sufficient Warrant.

To the Constable or Lieutenant of The Tower of London, their Deputy and Deputies, and every of them.

Cooling versus Stratford, in Error.

Whereas this House had appointed to hear Counsel, at the Bar, on Thursday next, to argue the Errors assigned upon the Writ of Error depending, wherein Joseph Cooling Esquire is Plaintiff, against Samuell Stratfold Defendant; it being moved, on the Behalf of the said Plaintiff, "That, in regard he alledgeth the Record of the Judgement upon which the said Writ of Error is granted is not perfect before this House, and that the said Lord Chief Justice of the Court of King's Bench and the Plaintiff's Counsel are not now in Town, and that therefore a further Day may be allowed him for perfecting the bringing in of the First Judgement given in this Case, and hearing the said Errors argued:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Plaintiff hath hereby a Fortnight given him for the Purpose aforesaid; and appointed to hear Counsel on both Parts, to argue the said Errors, on Thursday the 17th Day of this Instant April, at Ten of the Clock in the Forenoon; whereof he is to cause timely Notice to be given to the said Samuell Stratfold, to prevent his attending with Counsel on Thursday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, secundum diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.