House of Lords Journal Volume 13: 9 December 1680

DIE Jovis, 9 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. President, Speaker.

The Lord President supplied the Place of the Lord Chancellor.

Bishop of Bangor takes the Oaths.

This Day Humphrey Lord Bishop of Bangor 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 Tyrone, Proceedings against him to be stated.

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 state the Proceedings that have been had against the Earl of Tyrone, and report the same to this House.

Soane, Bishop of Winton's Servant, arrested.

Upon Complaint made to this House, "That John Messingham, of Witley, in the County of Surrey, Yeoman, caused John Soane, Under Wood-ward of the Lord Bishop of Winchester, to be arrested on the 23th of November last, by John Lee Bailiff of the Liberty and Hundred of Farnham, sitting the Parliament, contrary to Privilege of Parliament:"

Messingham and Lee sent for.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Messingham and John Lee be, and are hereby, required to appear at the Bar of this House, on Friday the 17th Day of this Instant December, at Ten of the Clock in the Forenoon, to answer to the said Complaint; and hereof they may not fail.

E. of Tyrone committed to The Gatehouse.

This House being informed, "That the Earl of Tyrone is now come into England, out of Ireland, by His Majesty's Order, who was there committed for Treason, for endeavouring to levy War against the King, in that Kingdom."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Tyrone be, and is hereby, committed to The Gatehouse in Westminster, there to be kept in safe Custody, till he shall be delivered by due Course of Law.

To the Keeper of The Gatehouse in Westm. his Deputy and Deputies, and every of them.

Protestant Dissenters.

The Earl of Shaftesbury reported, "That the Committee concerning Dissenters have been in Consideration of preparing an Address to the King; but they, meeting with many Difficulties therein, are of Opinion, That a Bill would be more proper: Therefore the Committee have adventured to prepare a Bill, which, if the House please to go that Way, they have ready to offer."

The House received the said Bill.

Protestant Dissenters, for distinguishing, Bill.

Hodie 1 vice lecta est Billa, "An Act for distinguishing Protestant Dissenters from Popish Recusants."

ORDERED, That the Bill for repealing the Statute of 35 Eliz. be taken into Consideration on Tuesday next, in a Committee of the whole House.

Janeway et al. versus Bedford et al.

Whereas Thomas Bedford, Edward Buncher, John Stere, and John Buncher, have put in their Answers to the Appeal of William Janeway and Robert Dickons, depending in this House against them:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, upon the said Appeal and Answers, on Friday the 17th Day of this Instant December, at Ten of the Clock in the Forenoon; whereof the said William Janeway and Robert Dickons are to cause timely Notice to be given to the said Respondents for that Purpose.

Chute versus Ly. Dacre.

The House being moved, to consider further of the Order made on the 26th of November last, in the Case of Chaloner Chute Esquire, and Dorothy Lady Dacres:

After Consideration had thereof, it is ORDERED, That, instead of the Words ["Forbearance of the said Debt"] it be made ["Forbearance of the said Legacy"]; and no other Alteration to be made therein.

Murphy, Leave to print his own Narrative.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Edmund Murphy hath hereby Leave given him to print and publish his Information or Narrative concerning the Popish Plot, formerly by him given in to this House.

Ld. Stafford's Trial to be printed.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, recommended to the Lord Chancellor, to give such Directions as his Lordship shall think necessary, That all the Proceedings at the Trial of William Viscount of Stafford may be printed and published with all convenient Speed.

E. Carlisle Leave to visit Ld. Stafford.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Carlisle hath hereby Leave given him to visit the Lord Viscount Stafford, now Prisoner in The Tower.

Fenton versus Crabb.

It being moved, "That a Petition of Elizabeth Fenton Widow, lodged in this House (among others) on the 26th Day of November last, praying a Re-hearing of her Cause, lately judged by this House, may be rejected:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition be rejected.

Blackborow versus Blake.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, upon the Appeal of Peter Blackborow, and the Answer of Francis Blake, depending in this House, on Monday the 20th Day of this Instant December, at Ten of the Clock in the Forenoon; whereof the said Francis Blake is to cause timely Notice to be given to the said Peter Blackborow for that Purpose.

Turner versus Henley.

Whereas this House had appointed to hear Counsel, upon the Appeal of Gawen Turner and Anne his Wife, and the Answer of Sir Robert Henley, on the First Day of this Instant December, which, by reason of Public Business, was not then heard:

It is this Day 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 17th Day of this Instant December, at Ten of the Clock in the Forenoon; whereof the said Appellants are to cause timely Notice to be given to the said Sir Rob't Henley for that Purpose.

Scofield versus Radcliff.

Upon reading the Petition of James Scofield Esquire, and Alice his Wife, and others, being an Appeal from a Decree made in the Chancery Court of the County Palatine of Lancaster, concerning the Settlement of the Rents and Profits of several Lands in the Counties of Lancaster and Yorke, being the Lands of Savile Radcliffe, late of Marley, in the County of Lancaster, deceased, and other Matters in the said Appeal suggested; and praying, "That Savile Radcliffe, Elizabeth Radcliffe, and Radcliffe Scofield, may answer thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Savile Radcliffe, Elizabeth Radcliffe, and Radcliffe Scofield, be, and they are hereby, required to put in their Answer, or several Answers, to the said Appeal in Writing, on Thursday the Three and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon; whereof the said James Scofield is to cause timely Notice to be given to the said Savile Radcliffe, Elizabeth Radcliffe, and Radcliffe Scofield, for that Purpose.

Russell versus Cage.

Upon reading the Petition of Robert Russell Esquire, and Bridget his Wife, being an Appeal from a Decree made in the Court of Chancery, in Michaelmas Term last, on the Behalf of Thomas Cage, concerning the Manor of Freckenham, in the County of Suffolke, and other Matters in the said Appeal suggested, and praying Relief thereupon:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Cage be, and is hereby, required to put in his Answer in Writing to the said Appeal, on the First Day of the Sitting of this House after Christmas Holidays; whereof the said Robert Russell is to cause timely Notice to be given to the said Thomas Cage for that Purpose.

Percy versus Blackston, in Error.

Whereas, by virtue of His Majesty's Writ of Error, returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this Court, on the 6th Day of November last, with the Transcript thereof, wherein Judgement is entered for John Blackston Esquire, against James Percy Esquire; upon which Writ the General Error being assigned, and Issue joined, and this Day given to hear the said Error argued:

Upon hearing Counsel on the Behalf of the said John Blackston; but no Counsel appearing to maintain the said Error assigned by the said James Percy; after due Consideration had thereof, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement of the Court of King's Bench, given for the said John Blackston, recited in the Transcript to the said Writ of Error annexed, be, and is hereby, affirmed; and that the said Writ, and Transcript annexed, be remitted into the Court of King's Bench, to the End that the said John Blackston may have Execution upon the said Judgement, in like Manner as if no such Writ of Error had been brought into this Court.

Copleston versus Utting, in Error.

Whereas, by virtue of His Majesty's Writ of Error, returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this Court, on the 6th Day of November last, with the Transcript thereof, wherein Judgement is entered for Sir John Copleston, against Robert Utting Gentleman; upon which Writ, the General Error being assigned, and Issue joined, and this Day given to hear the said Error argued:

Upon hearing Counsel on the Behalf of the said Sir John Copleston; but no Counsel appearing to maintain the said Error assigned by the said Robert Utting; after due Consideration had thereof, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement of the Court of King's Bench, given for the said Sir John Copleston, recited in the Transcript to the said Writ of Error annexed, be, and is hereby, affirmed; and that the said Writ, and Transcript annexed, be remitted into the Court of King's Bench, to the End that the said Sir John Copleston may have Execution upon the said Judgement, in like Manner as if no such Writ of Error had been brought nto this Court.

L. Stafford to have Access of only Two Friends at a Time.

The Lieutenant of The Tower acquainted the House, That he hath received an Order from this House, for the Relations and Friends of the Lord Viscount Stafford, to have free Access unto him; which is so large, that it will be impossible for him to give a good Account of his Lordship's Safety: Therefore desired their Lordships Directions therein."

Whereupon the House ORDERED, That the Lieutenant do admit but Two at One Time to visit the Lord Viscount Stafford.

The Lieutenant was called in, and the Direction of the House declared to him.

Adjourn.

Dominus Præses Concilii declaravit præsens Parliamentum continuandum esse usque in diem Veneris, decimum diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.