House of Lords Journal Volume 13: 30 October 1680

DIE Sabbati, 30 die Octobris.

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

Richard Lord Butler of Weston.

Jacob Lord Asteley.

William Lord Paget.

Gilbert Earl of Clare.

Bp of St. Asaph to preach, the 5th Nov.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Bishop of St. Asaph be, and is hereby, desired to preach before the House of Peers, in the Abbey Church at Westminster, on Friday the Fifth Day of November next, being the Anniversary Thanksgiving-day to Almighty God, for the Deliverance of this Kingdom from the Gunpowder Treason.

Whistler versus Wallis, in Error. Execution taken below, pending the Writ.

Upon the reading the Petition of Phillip Whistler; shewing, "That having a Writ of Error depending in this Court, whereon he hath assigned Errors, and Thomas Wallis having joined Issue thereupon, hath notwithstanding caused the Petitioner to be taken in Execution upon Judgement to the said Writ of Error (fn. 1) annexed; and therefore prayeth Relief:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel at the Bar, to argue the said Errors, on Saturday the Sixth Day of November next, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause timely Notice to be given to the said Thomas Wallis, for that Purpose.

House called.

This Day the House was called, and the Clerk read the Names of the Barons; and so ascending upwards, the Absence of these Lords following excused in this Manner; videlicet,

Plunket Surrenders.

The Earl of Sunderland acquainted the House, "That Oliver Plunket is come out of Ireland, and hath rendered himself to his Lordship, who hath put him into the Hands of a Messenger for the present."

Hereupon the House made the ensuing Order; videlicet,

Committed to Newgate.

"It being signified to this House, That Oliver Plunket, the Titular Primate of Armagh, in the Kingdom of Ireland, is, by His Majesty's Order, brought over hither, in order to his Trial here, and is now in Custody, in the Hands of a Messenger: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Messenger in whose Hands the said Oliver Plunket now is, be, and is hereby, authorized and required forthwith to convey and deliver the Body of the said Oliver Plunket into the Prison of Newgate; and that the Keeper of the said Prison do keep him there in Safety until he shall be discharged by due Course of Law; and that the said Keeper and his Under Officers do take Care that the said Oliver Plunket be kept as a close Prisoner, till the Pleasure of this House be further signified; and this shall be a sufficient Warrant on that Behalf.

"To the Messenger in whose Custody the said Oliver Plunket is, as also to the Keeper of the Prison of Newgate, his Deputies and Under Officers, and every of them."

Report concerning Lodgers, &c. in London and Westm.

The Earl of Shaftesbury reported from the Committee of Examinations, "That the Justices of the Peace of Midd. and Westm. having this Day given their Lordships an Account of what they have done, in Pursuance of the Order of this House, for apprehending, and bringing before them, all Irish whom they shall find in or about Westm.; the Committee are of Opinion, That an Order of this House be made, for the said Justices to require all Housekeepers to give an Account of their Lodgers and Inmates to the several Constables; and that the said Constables give in the said Account to the Justices upon Oath; and that the said Justices be directed to meet every other Day."

Hereupon the House made the ensuing Order:

Justices to take an Account of them.

"Upon Report made by the Earl of Shaftesbury, from the Lords Committees for examining Matters relating to the late horrid Plot and Conspiracy, how far their Lordships have proceeded in taking an Account of Lodgers and Inmates in and about the Cities of London and Westminster, and the Parts adjacent: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Justices of Peace, within their respective Jurisdictions, do take Care, and give Order, that all Housekeepers do forthwith give an Account to the Constables of their several Parishes and Precincts wherein they live, of what Lodgers and Inmates are in their Houses; and that the Constables do give in the said Accounts to the said Justices, who are hereby appointed to meet every other Day for some Time, at convenient Places for that Purpose, and to take the said Accounts upon Oath."

Report concerning the taking up Irishmen.

The Earl of Shaftesbury further reported from the said Committee, "That the Justices of Peace having brought several Irishmen before them, the Committee have released such of them as were Protestants, and continued in Prison those who were Papists; and the Committee expects more will be brought them, therefore desires the Direction of the House how they shall be disposed of."

Fletcher's Information against Roger L'Estrange;

The Earl of Shaftesbury reported, "That the Committee have received Informations upon Oath, That Mr. Roger Le Strange hath been several Times at Mass; and that he had owned himself to be of the Church of Rome, and committed other Misdemeanors; and that the Committee had Thrice summoned him to appear, yet he had not attended the Committee. Their Lordships are of Opinion, That the said Roger Le Strange should be put out of the Commission of the Peace, and not permitted to license the Printing of any more Books, nor be employed in any public Affairs."

Then the Informations were read; videlicet,

Westm. et Lib'tat. ss. The Information of Richard Fletcher, of St. Vedus, alias Foster Lane, London, taken before the Lords Committees for Examination of Matters relating to the late horrid Plot; sworn before the Right Honourable the Earl of Clarendon, One of His Majesty's Justices of the Peace for the said City and Liberties of Westm. this 30th of October, 1680.

"Who saith, That, about Three Years ago, he met Roger Le Strange Esquire, at The Halfe Moone Taverne in Cheapeside, about licensing a Book, intituled, "The Works of Geber, an Arabian Prince and Philosopher;" and gave Mr. Le Strange a Guinea for his License; and a Discourse happening about Religion, Mr. Le Strange asked, "Of what Religion this Informant was?" Who answered, "A Catholic." Le Strange replied, "Are you a Roman Catholic?" This Informant answered, "That was Nousense; Catholic being Universal, and not to be circumscribed." Then Le Strange bid this Informant explain himself. I answered, "That Faith that wrought the Fear of God, and to do righteously, doth declare those that are of the Catholic Church; and I am of that Church, which I take to be the Church of England." Mr. Le Strange then declared himself to be a Catholic of Rome, and to believe the Faith of that Church; and told this Informant, "That his Definition was too large." This Informant then asked the said Le Strange, "Whether the Pope were the Head of that Church of which he acknowledged himself a Member?" Who answered, "He was; and he hoped, ere long, many others would return to that Church;" or to that Effect. And further saith not.

"Richard Fletcher."

And Bennet's.

"Westm. et Lib'tat. ss. The Information of Joseph Bennet, of St. Gyles in the Fields, Stationer, taken upon Oath, before the Lords Committees for Examination of Matters relating to the late horrid Plot; sworn before the Right Honourable the Earl of Clarendon, One of His Majesty's Justices of the Peace for the said City and Liberties, this 30th of October, 1680.

"He faith, That he did become Bail, and entered into Bond, before One of the Clerks of the Council, for one Captain Ely, that he should appear, the First Day of this Term, at the King's Bench Bar; which said Captain Ely was then an utter Stranger to him. But Roger Le Strange Esquire, One of His Majesty's Justices of the Peace, being at Mr. Hinton's the Apothecary's, near this Informant's House, sent for this Informant; and then told him, "Captain Ely was a Friend of his, and an honest Man; and therefore he the said Justice did request this Informant to become Bail for the said Captain Ely." And the said Le Strange did then promise this Informant, "that he himself would give (fn. 2) this Security, to save him harmless;" and pretended he would have done it, had he not been in great Haste. And Mr. Le Strange did tell this Informant, "he had sent for another Person to bail the said Captain Ely; but he not being to be found, he therefore sent for this Informant, and said he would take it as a great Kindness from this Informant."

"Joseph Bennett."

The House agrees with the Opinion of the Committee; and made the ensuing Orders:

R. L'Estrange to be attached

"Whereas Roger Le Strange Esquire, being Thrice summoned to appear before the Lords Committees for examining Matters relating to the Discovery of the late horrid Plot and Conspiracy, hath neglected to appear, being there charged upon Oath for being a Papist: Thereupon it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, shall forthwith attach the Body of the said Roger Le Strange, and bring him in safe Custody to the Bar of this House; 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 Mayors, Sheriffs, Justices of the Peace, Bailiss, Constables, and other His Majesty's Officers, to be aiding and assisting in the Execution hereof."

and put out of the Commission of the Peace.

"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 le Strange Esquire, being in the Commission for the Peace, and being charged before their Lordships upon Oath to be a Papist, hath neglected to appear, after several Summons: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chancellor of England do forthwith put the said Roger Le Strange out of the Commission of the Peace."

Hetherington & al. Partes.

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Thomas Hetherington be, and is hereby, authorized and permitted quietly to travel and repair to any of His Majesty's Sea Ports of this Kingdom, and then to pass into the Kingdom of Ireland, and in like Manner to return hither again (he being upon His Majesty's Service), without the Lett or Interruption of any Person whatsoever; and this shall be a sufficient Warrant on that Behalf.

The like for Mr. Owen Murphy.

The like for Mr. William Fitzgerald.

The like for Mr. John Moyer.

Dodington versus Williams.

Upon reading the Petition of Hester Dodington, Relict of John Dodington Esquire, deceased, and George her Son; shewing, "That they have an Appeal depending in this House, to which Abraham Williams hath put in an Answer; and praying a Day may be appointed for Hearing:"

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 Answer, on Saturday the Thirteenth Day of November next, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause timely Notice to be given to the said Abraham Williams for that Purpose.

Hill versus Boomer, in Error.

This Day the Lord Chief Justice of the King's Bench, in the usual Manner, brought in a Writ of Error, to reverse a Judgement given in the King's Bench, in which Writ of Error Hill is Plaintiff, and Boomer is Defendant.

Trial of Peers for regulating, Bill.

Hodie 3^a vice lecta est Billa, "An Act for the better regulating the Trial of the Peers of England."

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 Justice Windham and Baron Atkins:

To deliver the Bill for the better regulating the Trial of the Peers of England, and to desire Concurrence thereunto.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, tertium diem Novembris, 1680, decima hora Aurora, Dominis sic decernentibus.