House of Lords Journal Volume 13: 16 November 1680

DIE Martis, 16 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. President Speaker.

The Lord President supplied the Place of the Lord Chancellor this Day.

Protestant Religion, for securing.

The House was adjourned into a Committee, to consider of Heads for the effectual securing of the Protestant Religion.

The House was resumed.

The Lord Privy Seal reported, "That the Committee hath been in Consideration of Heads for securing the Protestant Religion, to be put into several Bills.

"The Committee have agreed to have a Bill of Association, as was in 38. of Edward the IIId, and 27. of Eliz. Cap. 1.; and have made a Sub-Committee, to prepare a Bill for this distinct Head."

The House agrees with the Committee in this Head; and appointed the Sub-Committee to meet Tomorrow Morning, at 8 of the Clock, in the Prince's Lodgings; and Justice Windham and Baron Weston are to assist the Committee.

"The Committee have also agreed, that the Proviso, excepting the Duke of Yorke from taking the Oaths and making the Declaration, in the Act, intituled, "An Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament, be repealed."

Agreed to.

"The Committee also have agreed to another Head: That the Duke of Yorke be disabled from being Admiral of Ireland, The West Indies, or Tangier, or bearing any other Office in England or Ireland, or any other Dominions to either of them belonging."

Agreed to.

His Lordship further reported, "That the Committee had in Consideration some other Heads; therefore desires the House would appoint another Day, when the Committee shall sit again to proceed therein."

And the House ORDERED, That the House be put into a Committee To-morrow Morning for that Purpose.

Power to be attached.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy or Deputies, be, and is hereby, required forthwith to attach the Body of Robert Power, and bring him in safe Custody to the Bar of this House, to answer such Matters as shall be objected against him; and this shall be a sufficient Warrant on that Behalf.

To Sir George Charnocke 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 hereof.

Sherlock discharged, and Leave to go to Ireland.

This House being moved, "That Richard Sherlock, now a Prisoner in the Prison of The Gatehouse at Westminster, may be set at Liberty, and have Leave to go into Ireland:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Sherlocke be forthwith discharged of his present Imprisonment, without paying any Fees; and likewise authorized and permitted forthwith to repair to any of His Majesty's Sea Ports of this Kingdom, in order to his passing thence into Ireland, he having given first Security before some Justice of the Peace for the Liberty of Westminster; that he will immediately depart out of this Kingdom into Ireland.

Chute versus Dacres.

ORDERED, That the Order between Challoner Chute and the Lady Dacres shall be perfected on Friday next.

Smithesby versus Chief Justice Scroggs, for wiving Privilege.

Upon reading the Petition of Anne Smithesby, Executrix of William Dickenson Esquire, deceased; complaining, "That the Lord Chief Justice Scroggs, by insisting on Privilege of Parliament, obstructs her Proceedings in due Course of Law, for Recovery of Monies due from his Lordship, upon his Purchase of the Manor of Weld Hall from Sir Anthony Browne, as in her Petition is suggested; and praying that the said Lord Chief Justice may shew Cause why he should not either pay the said Debt, or give a new Judgement for securing the same:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner give present Notice hereof to the said Lord Chief Justice Scroggs; who is hereby appointed to put in his Answer thereunto in Writing, on Friday the 19th Day of this Instant November, at Ten of the Clock in the Forenoon.

Turner versus Turner.

Upon reading the Petition of Dame Mary Turner; shewing, "That this House having appointed to hear Counsel upon the Appeal of Sir Edward Turner and Anne Gardner, and the Petitioners Answer, on the 22th Instant, and that the said Appellants do now abscond, to avoid a Personal Notice thereof; and therefore praying, that her giving Notice to their Solicitor or Clerk in Chancery may be a sufficient Notice:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Dame Mary Turner cause present Notice of the intended Hearing aforesaid to be given to the Solicitor and Clerk in Chancery employed in the Cause of the said Sir Edward Turner and Anne Gardner; which shall be deemed and taken to be a sufficient Service for that Purpose.

Lady Abergavenny absconds.

Thomas Pennington, upon Oath made at the Bar, deposed, "That he hath seized some Papers of the Lady "Abergaveny, and brought them up in a Trunk; but he cannot find where the Lady of Abergaveny is."

Her Papers seized, to be examined by Lords Committees.

Whereupon it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees for examining Matters relating to the late horrid Plot and Conspiracy be, and are hereby, appointed to peruse and examine the Papers and Writings brought up from the Lady Dowager Abergaveney's House at Sherborn, in Oxfordshire, at Four of the Clock this Afternoon; and to report to the House what they find therein.

ORDERED, That the Three Monmouthshire Justices shall be heard on Thursday next, upon the Information of Mr. Arnold.

Adjourn.

Dominus Præses Concilii declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 17^um diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.