House of Lords Journal Volume 13: 3 January 1681

DIE Lunæ, 3 die Januarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day Heneage Lord Finch, Lord Chancellor of England, 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; his Witnesses being first sworn at the Bar, to prove the Truth of the Certificate concerning his receiving the Sacrament of the LORD'S Supper.

This Day Thomas Lord Colepeper 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.

Protestant Dissenters, for distinguishing, Bill.

Hodie 3^a vice lecta est Billa, "An Act for distinguishing Protestant Dissenters from Popish Recusants."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Protestant Strangers to come into England, Bill.

ORDERED, That the Committee for the Bill for the Encouragement of Protestant Strangers to come into, and inhabit, this Kingdom, do meet To-morrow Morning, at Nine of the Clock; and the Earl of Winchilsea and the Lord Colepeper are added to the said Committee.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir George Downing and others:

Who brought up a Bill, intituled, "An Act limiting the Times of Importation of Cattle from Scotland;" to which their Lordships Concurrence is desired.

Message to them, with the Protestant Dissenters Bill.

A Message was sent to the House of Commons, by Sir John Coel and Sir Tymothy Baldwin:

To deliver them the Bill passed this House, for distinguishing Protestant Dissenters from Popish Recusants; and to desire their Concurrence therein.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Papillon and others:

Who brought up a Bill, for the Naturalization of Peter Elers and others, Aliens born; to which their Lordships Concurrence is desired.

Scotch Cattle, to limit the Importation of, Bill.

Hodie 1^a vice lecta est Billa, "An Act limiting the Times of Importation of Cattle from Scotland."

Hodie 1^a vice lecta est Billa, "An Act for the Naturalization of Peter Elers and others, Aliens born."

Message to H. C. concerning the Bill for Trial of Peers.

A Message was sent to the House of Commons, by Sir John Coel and Sir Tymothy Baldwin:

To put them in Mind of the Bill for the better regulating the Trial of the Peers of England.

Mr. Seymour's Petition.

A Petition was presented to the House, from Edward Seymour Esquire; which was read, as followeth:

"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

"The humble Petition of Edward Seymour Esquire;

"Sheweth,

"That whereas, for some Time, he hath lain under the Weight of an Impeachment from the House of Commons, of several High Crimes and Misdemeanors, to which he hath given an Answer to your Lordships; and, since he is in no Manner guilty of the Articles he stands charged with, that his Truth and Innocence may be fully manifested,

"He humbly desires, your Lordships will be pleased to appoint some speedy Time for his Trial, and to assign him Counsel Learned in the Law, to assist him in his Defence.

"And your Petitioner (as in Duty bound) shall ever pray, &c.

"Edw. Seymour."

Mr. Seymour being called in; he was asked, "What Counsel he did desire?"

And he named Mr. Pollixfen, Mr. Keck, and Mr. Thursby.

Message to H. C. concerning Mr. Seymour.

A Message was sent to the House of Commons, by Sir Miles Fleetwood and Sir Adam Oateley:

To acquaint them, that the Lords have received a Petition from Mr. Seymour, wherein he desires a Day may be appointed for his speedy Trial; that their Lordships, finding no Issue joined by Replication of the House of Commons, think fit to give them Notice hereof.

Mr. Seymour assigned Counsel.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Polexphen, Mr. Keck, and Mr. Thursby, be, and are hereby, at the Desire of Edward Seymour Esquire, assigned to be of Counsel for him, in order to his Defence upon his Trial, upon the Impeachment of the House of Commons, whereby he is charged with high Crimes, Misdemeanors, and Offences.

Sir Charles Hoghton's Bill.

Hodie 2^a vice lecta est Billa, "An Act for rectifying several Errors and Mistakes in the Marriage Settlement of Sir Charles Hoghton Baronet."

ORDERED, That the Consideration of this Bill is committed to there Lords following:

Their Lordships, or any Five of them; to meet To-morrow Morning, at Nine of the Clock, in the Prince's Lodgings.

Libel, called A Speech, &c.

Complaint was made to the House, of a printed Paper, which was published abroad, intituled, "A Speech lately made by a Noble Peer of the Realm."

Which being read, the ensuing Order was made:

To be burnt by the Hangman:

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Paper read this Day, intituled, "A Speech lately made by a Noble Peer of this Realm," shall be burnt by the Hand of the Hangman, being a scandalous Libel, To-morrow, being the Fourth Day of January instant, in The Old Palace Yeard in Westm. at Eleven of the Clock in the Forenoon; and at The Royall Exchange, in Cornhill, between the Hours of Twelve and One: And the Sheriffs of London and Midd. are hereby required to take Care that Execution be done accordingly."

Printer to attend.

ORDERED, That the Stationer, who lives at The Elephant and Castle, near The Royal Exchange, in Cornhill, who printed the Pamphlet, intituled, "A Speech lately made by a Noble Peer of the Realm," be, and is hereby, required to attend this House To-morrow, at Ten of the Clock in the Forenoon; and hereof he may not fail.

Dr. Burnet, Thanks to him for his History of the Reformation.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House be given to Doctor Burnet, for the great Service done by him to this Kingdom and to the Protestant Religion, in writing The History of the Reformation of the Church of England so truly and exactly; and that he be desired to proceed in the perfecting what he further intends therein with all convenient Speed: And it is further ORDERED, That the said Doctor Burnet be, and is hereby, recommended to the Lords the Bishops, for some Ecclesiastical Preferment.

E. of Tyrone to have Copies of Examinations against him.

Upon reading the Petition of Richard Lord Power, Baron of Curraghmore, and Earl of Tyrone, in Ireland; praying, "That he may have Copies of the Examinations taken against him:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Earl of Tyrone may have Copies of what is entered in the Journals of this House, wherein he is concerned; and he hath Leave given him to apply himself for Copies of the Proceedings against him at the Council Board in Ireland.

Bourne versus Sir Haswell Tynt et al.

Whereas, by Order of the 13th of December last, Sir Haswell Tynt, Henry Bull, George Musgrave, Hellena and Florence Bourne, were appointed to put in their Answer to the Appeal of Gilbert Bourne, on Thursday the 23th of December last; this House being moved, on the Behalf of the Defendants, "That they may have longer Time for putting in their said Answer:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Haswell Tynt, Henry Bull, George Musgrave, Hellena and Florence Bourne, have hereby Time given them for putting in their said Answer, till Monday next, being the Tenth Day of this Instant January, at Ten of the Clock in the Forenoon.

Bosvile versus Bosvile et al.

Upon reading the Petition and Appeal of William Bosvile Gentleman, from a Dismission of his Bill out of His Majesty's Court of Exchequer, upon a Hearing in a Cause there lately depending, by English Bill, between him and Thomas Bosvile, and James Bosvile, Edward Franckish, and others Defendants; shewing, "That the Petitioner's Father died seised in Fee of about One Hundred and Twenty Pounds per Annum, in Stanton Harcourt and Sutton, in the County of Oxford, whilst he was an Infant; his Uncle took him into his Guardianship, and possessed himself of all the Writings concerning the said Estate, with Design to defraud the Petitioner, who some Time after died; the Petitioner exhibited his Bill in the Exchequer for Recovery of the said Lands, and to be relieved against some Releases by him given; which Bill was dismissed (as in the Petition amongst other Things is suggested):"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Bosvile, Jane Bosvile, Edward Frankish, and the other Defendants, be, and are hereby, required to put in their Answer or several Answers to the said Appeal in Writing, at the Bar of this House, within One Week after they shall have Notice thereof by the Service of this Order upon them.

Sir John Fitzgerald et al. Irish Evidence to be examined by the Lords Committees.

The Lord Butler acquainted the House, "That Sir John Fitzgerald, Colonel Peirce Lacy, and Lieutenant Colonel Bradley, who were sent for out of Ireland, at the Desire of this House, are brought over, and are now in the Custody of the Pursuivant attending at the Door; but as concerning the Lord Brittus, he is fled."

Hereupon the following Order was made:

"This House being informed, That Sir John Fitzgerald, Colonel Peirce Lacy, and Lieutenant Colonel Bradley, who were sent for out of Ireland at the Desire of this House, are now come, and attend at the Door, in the Custody of a Pursuivant: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir John Fitzgerald, Colonel Peirce Lacy, and Lieutenant Colonel Bradley, be brought before the Lords Committees for examining Matters relating to the Discovery of the late horrid Plot and Conspiracy by the Pursuivant in whose Custody they now are, To-morrow, at Nine of the Clock in the Forenoon, in the Lord Privy Seal's Lodgings near the House of Peers, there to be examined by the said Committee; who are to report to the House."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, 4^um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.