House of Lords Journal Volume 13: 14 December 1680

DIE Martis, 14 die Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Report concerning Hall and Dowdall, Papists.

The Earl of Essex reported from the Committee for examining Matters relating to the late Plot and Conspiracy, "That one Francis Hall was before them for being a convicted Papist, and presuming to stay in Town contrary to His Majesty's Proclamation; that one Francis Dowdall, a Taylor, harbours in his House the said Francis Hall, contrary to Law; the said Dowdall, being himself a Papist, pretends that he is a menial Servant to the Spanish Ambassador, and produced a Testimony for the same."

The House hereupon made these Orders following:

Hall to be attached;

"Upon Report from the Committee of Examinations, That Francis Hall is a convicted Papist, and yet stays in Town contrary to His Majesty's Royal Proclamation: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Francis Hall, and bring him in safe Custody to the Bar of this House; and for so doing, this shall be a sufficient Warrant.

"To Sir George Charnock Knight, Serjeant at Arms attending this House, his Deputy and Deputies, and every of them."

and he and Dowdal to be prosecuted.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Attorney General do forthwith prosecute, according to Law, Francis Hall, a convicted Papist, for being in and about West minster, contrary to the Law, and His Majesty's Proclamation; and Francis Dowdall, a Papist, for entertaining him in his House, contrary to Law.

Report concerning Sanford, a Papist.

The Earl of Essex further reported, "That there is one Sanford Esquire, who formerly was employed by the Duke of Newburgh as his Agent in England, but now his Character of being Agent is withdrawn from him by the said Duke, yet presumes to live in Town contrary to His Majesty's Royal Proclamation, and presumes (himself being a Papist) to maintain and harbour Priests and Jesuits contrary to the Law."

The Lords thereupon made the following Order:

Sanford to attend.

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sanford Esquire, formerly a pretended Foreign Agent, be, and is hereby, required to attend this House forth with, to answer such Things as shall be objected against him; and hereof he may not fail."

Report concerning Discovery made by Oates et al. of Popish Estates forfeited.

"By the Lords Committees for examining Matters relating to the late horrid Plot and Conspiracy.

"ORDERED, To report, That Dr. Oates, in his Examinations of the Discovery of the Plot did inform, That the Jesuits had an Estate in England of a considerable Value, (videlicet,) of Seventy Thousand Pounds per Annum, or thereabouts.

"That, about the 28th or 29th of September, 1678, Doctor Oates did seize divers Papers, belonging to Ireland, Fenwicke, Whitebread, Harcourt, &c. which Papers were brought to the Privy Council; and Dr. Oates did then declare, though he had not perused the said Papers, That, by those Writings so seized, some Estates belonging to the Jesuits might be discovered. These Papers were afterwards transmitted to the House of Lords.

"That Colonel Mansell, Mr. Chetwin, and Mr. Warcupp (a Justice of Peace), made Search at one Jolly a Taylor's, in November, 1678; where, under some Boards, they took Two Trunks of Writings, some of which they perused; and Mr. Chetwin affirms, that in them were contained a Discovery of some Jesuits Estates; which Papers were also sent to the House of Lords.

"That Mr. Fanshaw faith, "That before the Priests were executed, he had discovered that they had Estates, and he had made a List of some of them; and hearing that the Papers were before the Lords, he obtained an Order from the Council to search the said Papers; and upon Search of them, he found the several Particulars comprized in a List presented to the Lords Committees for Examinations."

"That Mr. Warcup, being upon a Commission of Enquiry for Jesuits Estates lately executed in Midd. doth aver, "That Doctor Oates was the principal Witness, upon which those Estates and Monies were found by the Jury;" and that the Three Petitioners, Mansell, Merry, and Oates, produced the rest of the Testimony, and were at the Charge of executing the said Commission; and the Jury and the Commissioners were fully satisfied that the said Petitioners had the Right of Discovery, according to the King's Proclamation."

The House hereupon made the ensuing Order:

Referred to Barons of the Exchequer.

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Report made this Day by the Earl of Essex, from the Lords Committees for examining Matters relating to the late horrid Plot and Conspiracy, concerning the Discovery of the Estates of Jesuits and other Popish Priests, to which Estates several Persons pretend a Right and Title by virtue of His Majesty's late Proclamation on that Behalf made, be, and is hereby, referred to the Barons of His Majesty's Court of Exchequer; to proceed in this Case according to Law."

Atheism and Blasphemy Bill.

Hodie 1^a vice lecta est Billa, "An Act for the punishing of Atheism and Blasphemy."

Protestant Dissenters for distinguishing, Bill.

The House was put into a Committee, to consider of the Bill for distinguishing Protestant Dissenters from Popish Recusants.

The House was resumed.

And the Earl of Bridgewater reported, "That the Committee have made some Progress in the Bill concerning Protestant Dissenters; but desires the House would appoint another Day, when the Committee may meet again to proceed therein."

And the House ordered Thursday Morning next for that Purpose.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 15^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.