House of Lords Journal Volume 13: 13 November 1680

DIE Sabbati, 13 die Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

A Commission under the Great Seal was read, as followeth:

Commission for the Lord President to be Speaker, in the Absence of the Lord Chancellor.

"CAROLUS R.

"Charles the Second, by the Grace of GOD, King of Engl'd, Scotl'd, France, and Irel'd, Defender of the Faith, &c. To Our Right Trusty and Right Well-beloved Cousin and Counsellor John Earl of Radnor, Lord President of Our Privy Council, Greeting. Whereas Our Right Trusty and Wellbeloved Counsellor Heneage Lord Finch, Our Lord High Chancellor of Engl'd, is often so infirm, that he is not able constantly to attend in the Upper House of this Our present Parliament now holden at Westm. nor there to supply the Room and Place in the said Upper House amongst the Lords Spiritual and Temporal there assembled, as to the Office of Lord Chancellor of Engl'd hath been accustomed: We, minding the same Place and Room to be supplied in all Things as appertaineth, for and during every Time of his Absence, have named and appointed you, and by these Presents do name, constitute, appoint, and authorize you, from Day to Day, and Time to Time, when and so often as the said Lord Chancellor shall happen, at any Time or Times, during this present Parliament, to be absent from his accustomed Place in the said Upper House, to occupy, use, and supply the said Room and Place of the said Lord Chancellor in the said Upper House, amongst the Lords Spiritual and Temporal there assembled, at every such Day and Time of his Absence, and then and there at every such Time to do and execute all such Things as the said Lord Chancellor of Engl'd should or might do if he were there personally present, using and supplying the same Room. Wherefore We will and command you, the said John Earl of Radnor, to attend to the Doing and Execution of the Premises with Effect; and these Our Letters Patents shall be your sufficient Warrant and Discharge for the same, in every respect: In Witness whereof, We have caused these Our Letters to be made Patents.

"Witness Ourself at Westm. the Twelfth Day of November, in the Two and Thirtieth Year of Our Reign.

"Per ipsum Regem, propria Manu signat.

"Barker."

PRAYERS.

Lords take the Oaths.

Thomas Lord Leigh 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.

This Day William Lord Bishop of St. Asaph and Thomas Lord Crowe took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration against Transubstantiation, in Pursuance of the Act in the 25th Year of His now Majesty's Reign, for preventing the Dangers which may happen from Popish Recusants; their Witnesses being first sworn at the Bar, to prove the Truth of their Certificates concerning their receiving the Sacrament of the LORD'S Supper.

Order to vacate the Proceedings against the D. of Bucks, E. of Salisbury and Shaftesbury, and L. Wharton.

Whereas the Duke of Buckingham, Earls of Salisbury and Shaftesbury, and the Lord Wharton, were, contrary to the Freedom of Parliament, committed to Prison, by Order of the Lords House, of the 15th of February, 1676; whereupon followed a Series of many unprecedented Proceedings, derogatory to the Authority of Parliament, and of evil Example and Precedent to Posterity:

For vacating, making void, and destroying such Precedents for ever, and in Vindication of the Authority and Freedom of Parliament; upon Complaint hereof made, and due Consideration and Debate thereof by the Lords Spiritual and Temporal in Parliament assembled; it is ORDERED, Decreed, and Adjudged, That the said Order and Proceedings concerning the said Lords were unparliamentary, from the Beginning, and in the whole Progress thereof; and therefore are all ordered to be vacated (by virtue of this Judgement) in the Journal Books of this House, that the same of any of them may never be drawn into Precedent for the future.

Grosvenor versus Cartwright.

Upon reading the Petition of Fulke Crosevenor, shewing Cause why Ursula Cartwright should not have longer Time given her for putting in her Answer:

The Question being put, "Whether to give Ursula Cartwright Four Days longer?"

It was Resolved in the Affirmative.

Whereupon the House made the ensuing Order:

"Upon reading the Petition of Fulke Grosevenor Esquire and others, shewing Cause why Ursula Cartwright Widow should not have Ten Days longer Time, to put in her Answer to the Appeal depending in this House, according to the Prayer of her Petition read Yesterday: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Ursula Cartwright be, and is hereby, required to put in her Answer to the said Appeal within Four Days next after the Date of this Order; whereof she may not fail."

Lewis to be examined about the Plot.

The House being informed, "That there is one William Lewis, a Prisoner in The Marshallsea, that can discover something of the horrid Plot and Conspiracy:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Keeper of The Marshallsca Prison be, and is hereby, required immediately to bring William Lewis a Prisoner in Custody to the Bar of this House; and this shall be a sufficient Warrant on that Behalf.

Chute versus Ly. Dacree.

A Petition of Chaloner Chute, was read; desiring to be further heard upon his Appeal.

It is ORDERED, That the First Decree is confirmed.

Irish Cattle, to prohibit the Importation of, Bill.

The Lord Marquis of Worcester reported from the Committee for the Bill prohibiting the Importation of Irish Cattle, "That the Committee are of Opinion, that the said Bill is fit to pass as it is."

Hodie 3^a vice lecta est Billa, "An Act for prohibiting the Importation of Irish Cattle."

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 Tymothy Baldwin and Sir John Hoskyns:

To give them Notice, that this House have passed the Bill against importing of Irish Cattle.

King's Answer to Address for High Steward.

The Lord Chamberlain reported, "That His Majesty will appoint a Lord High Steward, for the Trial of the Lord Viscount Stafford."

Arnold versus Sir James Herbert & al. Justices of Monmouthshire.

This Day Sir James Herbert, William Herbert, and Captain Wolseley, were brought to the Bar, upon the Information of John Arnold against them.

Counsel appeared for them; which was excepted against, because they were of the King's Counsel, and the King being concerned.

Whereupon they were commanded to withdraw.

And the House considering thereof, and consulting with the Standing Orders of this House therein; upon Debate, it was directed by the House, that the said Persons should be called in again without Counsel, and be heard what Answer they will make to the Information to Matter of Fact; and then, if they desired to be heard in Point of Law, if there be any, they are to be allowed Counsel.

Then the said Three Justices of the Peace were again called in, without Counsel; and the Information read to them, and demanded, "What they can say to it?"

They desired to be heard by their Counsel; who, being ready, began to speak in their Defence. But Mr. Arnold desired, "that in regard he made the Information, that his Witnesses might be first heard, to prove the Matters contained in the said Information."

Which was thought reasonable; and so they were commanded to withdraw.

Lewis examined concerning the Plot.

Next William Lewis was brought to the Bar, and sworn; and then demanded what he knew concerning the horrid Plot and Conspiracy of killing the King, and subverting the Government and the Protestant Religion; concerning which, he made a long Narrative.

Being asked, "When he came from Bristol?" He said, "A little before the Plot was discovered."

Being asked, "the Time when he came to Mrs. Elliot?" He answered, "About Christmas; but remembers not the Year."

He was demanded, "Whether he knows any other Person that is concerned in the Plot?" He named one Kelly and Jones.

ORDERED, That Sir Tymothy Baldwin and Justice Rich do presently take in Writing the Information which William Lewis gave now at the Bar, and deliver the same into the House.

Francisco De Faria's Information.

Next, Francisco Faria upon Oath gave in an Information.

And Sir John Hoskyns is appointed to take the said Information in Writing, and deliver the same in to this House.

Protestant Dissenters.

The Consideration of the Case of Protestant Dissenters shall be on Monday Morning next.

Adjourn.

Dominus Præses Concilii declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 15^um diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.

Hitherto examined, this 24th of November, 1680, by us,

Worcester.
J. Bridgewater.
P. Bath & Wells.
Tho. Exon.