House of Lords Journal Volume 13: 11 November 1680

DIE Jovis, 11 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp. of Gloucester takes the Oaths.

This Day John Lord Bishop of Gloucester 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.

E. of Yarmouth introduced.

The Lord Chancellor acquainted the House, "That the King hath been pleased to grant an Addition of Honour to the Lord Viscount Yarmouth, by making him Earl of Yarmouth."

His Lordship was introducted by the Earl of Peterborow, the Lord Maynard officiating for the Lord Great Chamberlain.

His Patent was read; which bears Date the 30th of July, in the 31th Year of the Reign of His now Majesty.

After this, his Lordship came to the Table, where he 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.

And then his Lordship was brought and placed on the Earls Bench, next above the Earl of Berkeley.

Irish Cattle, to prohibit the Importation of, Bill.

Hodie 1^a vice lecta est Billa, "An Act, intituled, An Act prohibiting the Importation of Cattle from Ireland."

ORDERED, That this Bill be read the Second Time To-morrow Morning, the First Business.

Proceedings against D. of Bucks & al. to be razed out of the Journal.

It is ORDERED, That the Lords appointed to examine the Journal Book do inspect all the Proceedings of this House against the Duke of Bucks, Earl of Salisbury, Earl of Shaftesbury, and the Lord Wharton; and give this House an Account thereof To-morrow Morning, to the End this House may give Order for the razing and obliterating of those Proceedings accordingly.

De Faria's Information against Lady Abergaveny, concerning the Plot.

This Day Franscisco Faria gave an Information upon Oath against the Lady Abergavenny; which was read, as followeth:

"The Lady Abergavenie did address herself to the Portugall Ambassador, at the Time when the Five Jesuits were to be hanged, drawn, and quartered, and made a mournful Complaint to the Ambassador, "that we were all ruined, if the said Five Jesuits should suffer; for, to be sure, the next Man that should die should be Sir George Wakeman; for that the Five Jesuits were condemned upon the same Fact that Sir George Wakeman was guilty of: Therefore I desire your Lordship, by all Means, to see if your Lordship can find any Way to prevent the dying of these Jesuits." And his Lordship made Answer to the said Lady, "That he could not imagine, nor find out, any Way to save their Lives; but they must die; for we have used all our Endeavours, and made all the Interest we can, and it will not be granted." Then the said Lady made Answer to my Lord, "Then Sir George Wakeman would have his Trial, and would be condemned and suffer; and then our Plot would be discovered." My Lord made Answer to her in these Words; "No, Madam, we will seek to prevent his Death by some Friends as we shall make." Whereupon my Lady Abergaveny took her Leave of my Lord; and I Francis Faria was Interpreter of these Words betwixt them both.

"Francisco Faria."

Ly. Aber gaveny to be attached.

Upon Information given to this House upon Oath, "That the Lady Dowager Abergaveney, who liveth at Sherborne in Oxfordshire, is engaged in the horrid Plot and Conspiracy against His Majesty's Person and Government:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy and Deputies, be, and are hereby, required to attach the Person of the said Lady Abergaveney; and also secure what Papers they shall find with her, or in her House, and bring her in safe Custody to the Bar of this House, with her Papers; 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, Bailiffs, Constables, and other His Majesty's Officers, to be aiding and assisting in the Execution thereof.

Essex Stroude was called.

Sir J. Butler, Privilege. Strode reprimanded, and released.

Whereas Essex Strode Esquire, Head Bailiff of the City of Westminster, in Obedience to an Order of this House made Yesterday, appeared at the Bar this Day; and, there kneeling, humbly asked Pardon of the King's Majesty, and of this House, being very sorry for what he had done; which Submission of his the House accepted of:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Essex Strode be, and is hereby, discharged from any further Attendance concerning the same.

Turner versus Turner.

Whereas there is an Appeal of Sir Edward Turner Knight and Anne Gardner Widow depending in this House, to which Dame Mary Turner hath put in her Answer; it being prayed, by the Petition of the said Dame Mary Turner, that a Day of Hearing may be appointed:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel at the Bar, on both Parts, upon the said Appeal and Answer, on Monday the 22th Day of this Instant November, at Three of the Clock in the Afternoon; whereof the said Dame Mary Turner is to cause timely Notice to be given to the said Sir Edward Turner and Anne Gardner for that Purpose.

Ducket versus Mildmay.

Whereas this Day was appointed to hear Counsel, in the Cause between Thomas Ducket Esquire and William Mildmay and others:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hearing of Counsel is hereby put off to Monday the 15th Day of this Instant November, at 3 of the Clock in the Afternoon; whereof the said Parties are to take Notice, and attend accordingly.

Bamfield versus Vaughan.

Whereas there is an Appeal of Warwick Bampfield Esquire depending in this House, to which Hugh Vaughan Esquire, Executor to Charles Vaughan deceased, hath been required peremptorily to put in his Answer within One Week next after Notice given him for that Purpose; it appearing, by the Petition of the said Hugh Vaughan, read this Day, That the said Warwick Bampfield hath given Security only in a pretended Cause, wherein one Charles Vaughan and others are Plaintiffs, when, in Truth, there was no such Cause (as in his Petition he suggesteth); and therefore prayeth, That Security may be given by the said Warwick Bampfield for Performance of the Decree by him appealed from, before any further Proceedings be had in this House thereupon:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bampfield shall give Security in the accustomed Manner for Performance of the Decree he appealeth from, in case it be not reversed before any further Proceedings be had in this House thereupon.

Protestant Dissenters.

The Business concerning Protestant Dissenters shall be considered of To-morrow Morning, the First Business.

The Question being put, "Whether this House shall be adjourned to Four of the Clock this Afternoon?"

It is Resolved in the Negative.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 12^um diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.

Hitherto examined, this 23th of November, 1680, by us,

Worcester.
J. Bridgewater.
Clarendon.
Joh. Roffen.
P. Bath & Wells.