House of Lords Journal Volume 13: 27 November 1680

DIE Sabbati, 27 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Joint Committee of both Houses to settle the Method of L. Stafford's Trial.

The House took into Consideration the Message brought Yesterday from the House of Commons, "That this House would appoint a Committee, to join with a Committee of the House of Commons, for the adjusting the Methods and Circumstances in the Trials of the Lords in The Tower."

The Question being put, "Whether a Committee of this House shall be appointed, to meet with a Committee of the House of Commons, to adjust the Methods and Circumstances of the Trial of the Lord Viscount Stafford?"

It was Resolved in the Affirmative.

Then the House named these Lords following, to be a Committee, to join with a Committee of the House of Commons, to adjust the Methods and Circumstances of the Trial of the Lord Viscount Stafford:

E. of Salisbury.

E. of Essex.

E. of Aylesbury.

The L. Wharton, and

The L. Howard of Esc.

Or any Three of them; to meet this Afternoon, at Three of the Clock, in the Inner Court of Wards.

Message to H. C. to acquaint them with it.

A Message was sent to the House of Commons, by Sir Tymothy Baldwyn and Sir Samuell Clerke:

To let them know, that the Lords have appointed a Committee of Five Lords, to meet with a Committee of the Commons, to adjust the Methods and Circumstances of the Lord Viscount Stafford's Trial; and they have appointed the Five Lords to meet this Afternoon, at Three of the Clock, in the Inner Court of Wards.

Answer.

The Messengers return with this Answer:

That the Commons will give a Meeting, as is desired.

The Lord Archbishop of Yorke is excused from attending this House.

Stat. 35 Eliz. for Repeal of, Bill.

Hodie 2^a vice lecta est Billa, "An Act for the Repeal of a Statute made in the 35th Year of the Reign of Queen Elizabeth."

ORDERED, That the Consideration of this Bill is committed to a Committee of the whole House; to sit on Thursday next, the Second of December.

Protestant Religion, for securing.

ORDERED, That Mr. Justice Jones and Mr. Justice Raymond be, and are hereby, appointed to bring in the Bill by them to be drawn, on the Heads read in this House, the 23th Instant, for securing the Protestant Religion, and present it to this House on Monday next, at Nine of the Clock in the Forenoon.

ORDERED, That the Committee for the Bill of Association do meet on Monday Morning next, at Nine of the Clock.

Zeale to be examined, concerning Celier.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for examining Matters relating to the late horrid Plot and Conspiracy, to send and examine John Zeale, and such other Persons as their Lordships shall think fit, concerning Elizabeth Celier.

Address, for a Proclamation to apprehend Lady Abergaveny.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend His Majesty, humbly to represent to Him, from this House, "That the Lady Dowager Abergaveney, who liveth at Sherborne in Oxfordshire, having been charged upon Oath, at the Bar of this House, to be engaged in the horrid Plot and Conspiracy against His Majesty's Person and Government, their Lordships sent their Serjeant at Arms to attach the Person of the said Lady Abergaveney; who, absconding, cannot be brought to their Bar, as their Order directed; and therefore their Lordships humbly desire, that His Majesty will be pleased to issue out His Royal Proclamation, for summoning the said Lady Abergaveney to come in by a Day to be therein appointed, to abide such Trial as ought by due Course of Law to be had thereupon."

Blackborough versus Blake, &c.

Upon reading the Petition of Francis Blake Esquire; shewing, "That he hath put in his Answer to the Appeal of Peter Blackborough, depending in this House against him; and praying, that a Day may be appointed to hear Counsel thereupon:"

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 Friday the Third Day of December next, at Nine of the Clock in the Forenoon; whereof the said Francis Blake is to cause timely Notice to be given to the said Peter Blackborough, for that Purpose.

Wycherley versus Tyler: Complaint against Payment of Double Costs by Order of the Court of Exchiquer.

Upon reading the Petition of Daniell Wicherley, of Clyve, in the County of Salop, Esquire, being an Appeal from an Order of the Court of Exchequer, whereby he is taxed to pay Ninety-five Pounds Costs on the last Day of this Term, or be committed to The Fleete; whereas he hath already paid the said Ninety-five Pounds, and Ninety-five Pounds more for Costs, upon Two Trials had in that Court concerning the Customs of the Manor of Wem, whereof he is Lord; and praying, That he may be relieved against a Double Payment thereof:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That George Tyler, and the other Persons who have prosecuted the Petitioner for the said Costs (as in his Petition is suggested), be, and are hereby, required to put in their Answer, or several Answers, to the said Appeal, in Writing, on Saturday the Fourth Day of December next, by Nine of the Clock in the Forenoon; whereof the said Daniell Wicherley is to cause timely Notice to be given to the said George Tyler and other Persons concerned, for that Purpose; and that all Proceedings against the said Daniell Wicherley in the Court of Exchequer be staid in the mean Time.

Smithesby versus L Ch Justice Scroggs.

After hearing Counsel this Day at the Bar, upon the Petition of Anne Smithesby, against the Lord Chief Justice Scroggs, by whose insisting on Privilege of Parliament, the Time limited in a Judgement of Ejectment given by his Lordship, for securing Monies due from his Lordship to her (as in her Petition is suggested) is elapsed; as also upon the Answer of the said Lord Chief Justice put in thereunto; he the said Lord Chief Justice being present in this House, and freely offering that he will give to the said Anne Smithesby the like Judgement in Ejectment as he had formerly given her, for Security of the Claim made by her to the Debt mentioned in her said Petition:

The Lords Spiritual and Temporal in Parliament assembled accepted thereof, as a Determination of this Business before this House.

Protestant Dissenters, Report for their Exemption from Penal Laws.

The Duke of Bucks reported a Paper from the Committee concerning Protestant Dissenters; which was read, as followeth:

"That their Lordships do find that the Statutes that were intended only against Papists, are now executed against Protestant Dissenters; which, their Lordships are of Opinion, is not agreeable to Justice or Reason; and therefore do propose to the House, That an Address may be made to His Majesty, that a Noli Prosequi may be entered, to discharge all such Protestant Dissenters as are so proceeded against."

Jeneway versus Bedford & al.

Upon reading the Petition of William Jeneway and Robert Dickens, being an Appeal from a Decree made in the Court of Chancery, in Michaelmas Terme, 1678, concerning the Distribution of the Personal Estate of Edmond Arnold, late of Doctors Commons, Esquire, contrary to the Will of the Testator, as in their said Appeal is suggested:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Thomas Bedford Executor of the said Will, and Edward Buncher, John Steare, and John Buncher, on whose Behalf the said Decree was made, may have a Copy of the said Appeal; to which they are hereby required to put in their Answer, or several Answers, in Writing, on or before Wednesday the Eighth Day of December next, at Nine of the Clock in the Forenoon; whereof the said Petitioners are to cause timely Notice to be given to the said Thomas Bedford, Edward Buncher, John Steare, and John Buncher, respectively, for that Purpose.

L. Stourton, Leave to visit L. Petre.

ORDERED, That the Lord Stourton hath hereby Leave given him, for One Time, to visit the Lord Petre, now Prisoner in The Tower.

James versus Richardson, in Error.

The Lord Chief Justice of the Court of King's Bench brought in a Writ of Error, to reverse a Judgement in the King's Bench, wherein John James is Plaintiff, and W'm Richarson is Defendant.

Adjourn.

Dominus Præses Concilii declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 29^um diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.