House of Lords Journal Volume 13: 29 November 1680

DIE Lunæ, 29 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bishop of Lincoln takes the Oaths.

This Day Thomas Lord Bishop of Lyncolne 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.

Plot in Ireland, Message from the King concerning it.

The Lord Chancellor acquainted the House, "That His Majesty hath received from the Lord Lieutenant of Ireland Papers concerning the Discovery of the Plot there."

Hereupon it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That such Papers, relating to the Popish Plot in Ireland, as have been delivered in this Day at the Bar, by Mr. Bridgeman, from the Council Board, be forthwith delivered to the Clerk attending the House of Commons, who is to give Receipts for what he shall receive as aforesaid.

Report from the Committee of both Houses, for adjusting the Method of L. Stafford's Trial.

The Earl of Salisbury reported, "That the Committee of both Houses for adjusting the Method and Circumstances of the Trial of the Lord Viscount Stafford have met; and the Committee for the Commons do desire to have a View of the Commission for appointing the Lord High Steward for this Trial, and also to have a View of the last Commission."

Agreed to.

Bishops will not be present at the Trial.

"2. The Commons desire to know, whether the Lords Spiritual intend to be present at the Trial of the Lord Viscount Stafford."

Whereupon the Lords the Bishops declared, "That they intend not to go into Westminster Hall, to be present at the Trial of the Lord Viscount Stafford; they having Leave of this House to absent themselves, and to enter their Protestation for saving their Rights: Which they intend to do accordingly."

The Committee have Power to acquaint the Committee of the House of Commons with the Declaration of the Lords the Bishops.

His Lordship further reported, "That the Committee of the Commons desires that that Committee may meet at Twelve a Clock this Day; at which Time, they desire both Houses may sit."

Agreed to.

His Lordship further reported, "That the Paper sent down to the House of Commons, being Rules and Directions to be observed at this Trial, gives them Satisfaction; and they intend to observe them."

Lords to be summoned to attend the Trial.

ORDERED, That the Gentleman Usher of the Black Rod be, and is hereby, required to summon all the Lords who are in Town, to be at the Trial of the Lord Viscount Stafford, To-morrow, at Nine of the Clock in the Forenoon; and for that End, to be precisely in the House of Peers at the said Time.

Protestant Religion, for securing, Bill.

Hodie 1^a vice lecta est Billa, "An Act for securing the Protestant Religion."

ORDERED, That this Bill be read the Second Time on Thursday next.

Protestant Dissenters to be exempted from Penal Laws.

Next, the House took into Consideration the Report made on Saturday last, from the Committee concerning Protestant Dissenters.

And, after some Debate, made the ensuing Order:

"ORDERED, That the Committee appointed to consider the Statutes against Papists for Recusancy, and what Cases there are of present Pressure against others that are not Papists, do prepare an Address to the King, according to their Report, concerning the Pressures of Protestant Dissenters; providing therein, that they make themselves appear such, by a voluntary Subscription (before Two Justices of Peace in the Country, and any others that shall be appointed in Cities and Towns corporate) of the Test, or Declaration, in the Act intituled, "An Act disabling Papists from sitting in either House of Parliament;" and that they likewise prepare a Bill, for explaining such Laws as were intended only against Popish Recusants, and are put in Execution against Dissenting Protestants, to their great Grievance."

Report from Committee of both Houses, concerning the Trial.

The Earl of Salisbury reported, "That the Committee of both Houses have met; and the Commons desire, at this Trial, to speak to the Lords in general, and not to the Lord High Steward.

"That the Commons desire, that the Committee may meet again To-morrow Morning, at Nine a Clock, in case any Thing may happen extraordinary."

Agreed to.

Bishops absenting.

The Committee of the Commons are satisfied with the Bishops Intention of withdrawing themselves at this Trial.

L. Stafford to address himself to the Lords, and not to the L. H. Steward.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Viscount Stafford be directed to apply himself to the Lords, and not to the Lord High Steward, as often as he hath Occasion to speak at his Trial.

Brown & al. Irishmen, released.

Upon reading the Petition of Walter Browne, Thomas Laffan, Robert Walsh, and Darby Macquier, now Prisoners in the Prison of The Gatehouse at Westminster, upon Suspicion of being Irish Papists; shewing, "That they are ready to perish through Want and Sickness; and being some of them Protestants, and all of them willing to depart the City toward their own Country; and therefore praying, that, for the Preservation of their Lives, they may be set at Liberty:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Walter Browne, Thomas Laffan, Robert Walsh, and Darby Macquier, be forthwith discharged of their present Imprisonment in The Gatehouse, without paying any Fees; and likewise authorized and required forthwith to repair to any of His Majesty's Sea Ports of this Kingdom, in order to their passing thence into Ireland.

Winter, Leave to continue her Process against the E. of Stafford.

Upon reading the Petition of Jane Winter, Widow and Administratrix of Edmond Newcomb; shewing, "That she hath been many Years obstructed in recovering Debts due to her from the Earl of Strafford, by Privilege of Parliament, which she was not willing to offend against; and therefore prayeth, That she may have Leave to continue her Process from Term to Term, for the preventing of her Suit from falling:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Jane Winter hath hereby Leave given her to continue her Process upon the Roll from Term to Term, in order to the Recovery of her said Debt when the Earl of Strafford's Privilege of Parliament shall be expired.

Lieutenant of The Tower to bring L. Stafford to Westminster Hall.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lieutenant of His Majesty's Tower of London be, and is hereby, required to bring William Viscount Stafford, now Prisoner there, to the Bar of this House in Westminster Hall, on Tuesday the 30th Day of this Instant November, at Nine of the Clock in the Forenoon.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Mayor and Sheriffs of the City of London, as also the Deputy Lieutenants and Justices of Peace for the County of Midd. and the Justices of Peace for the City and Liberties of Westminster, be, and are hereby, required to take Care for the safe guarding of the Gates of the said City and other necessary Places within their several Jurisdictions, thereby to prevent the unnecessary Concourse of People resorting to Westminster, and preserving the Peace during the Time of the Trial of the Lord Viscount of Stafford, now at Hand, which begins To-morrow.

Absent Lords excused.

(fn. 1) Upon Oath made at the Bar, by Westram Syll and Laurance Vyne, on the Behalf of the Lord Mountagu; and Francis King and Henry Owen, on Behalf of the Earl of Lyndsey, Lord Great Chamberlain; and of John Buckley and John Harris, on Behalf of the Earl of Devonshire, and Lord Freschevile; "That their Lordships are so ill, as that they cannot attend the Service of this House, without Danger of their Lives:"

They were excused.

Pensaz versus Oort, in Error.

Upon the reading the Petition of Daniell Pensaz; shewing, "That he having obtained a Judgement against Edward Oort in the Court of Common Pleas, which Judgement is affirmed in the Court of King's Bench, the said Edward Oort hath obtained a Writ of Error thereupon, returnable in this Court, but delayeth to bring in the same; and therefore prayeth, that he may be at Liberty to take out Execution thereupon:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edward Oort be, and is hereby, required to cause the said Writ of Error, together with the Transcript of the said Judgement, to be brought into this Court within Ten Days next after the Date of this Order, or else the said Writ of Error to be void; whereof the said Daniell Pensaz is to cause timely Notice to be given to the said Edward Oort, for that Purpose.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, 30^um diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.

Hitherto examined, this 9th of December, 1680, by us,

J. Bridgewater.
Clarendon.
Craven.
P. Bath & Wells.
Tho. Exon.