House of Lords Journal Volume 13
21 November 1678

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1767-1830

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'House of Lords Journal Volume 13: 21 November 1678', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 367-369. URL: http://british-history.ac.uk/report.aspx?compid=11608 Date accessed: 02 September 2014.


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DIE Jovis, 21 die Novembris.

Domini tam (fn. *) Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of York.
Dux Cumberland.
Ds. Cancellarius.
Ds. Custos Privati Sigilli.
Dux Norff.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
Marq. Worcester.
Marq. Dorchester.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Huntingdon.
Comes Bedford.
Comes Suff.
Comes Dorset & Midd.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Westmerland.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Peterborough.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes St. Alban.
Comes Clarendon.
Comes Essex.
Comes Cardigan.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Shaftesbury.
Comes Guilford.
Comes Feversham.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Newport.
Ds. Mowbray.
Ds. Awdley.
Ds. Berkeley.
Ds. Ferrers.
Ds. De Grey.
Ds. Stourton.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Tenham.
Ds. Lovelace.
Ds. Pawlet.
Ds. Maynard.
Ds. Howard Esc.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Lucas.
Ds. Gerard Brand.
Ds. Wotton.
Ds. Freschevile.
Ds. Arundell de T.
Ds. Butler M. P.

PRAYERS.

Fiquet's and Verdier's Examinations, concerning La Colombiere.

The Lord Marquis of Winchester reported Two Examinations; one, of Olivier Du Fiquetts, the other of Francis Verdier; which were read, as followeth:

"La Colombiere, Jesuit, and Preacher to the Dutchess, hath, for the Space of Three Months, had frequent Communications with Mr. Coleman, who came every Day to communicate with him in his Chamber, from Eleven in the Morning till Mid-day. Further, That Mr. La Colombiere sent his Servant Lievre to stay in the Country for the Space of Two Months and an Half; and took to his Service the Nephew of Mr. Coleman, betwixt Thirteen and Fourteen Years old. And, after that Mr. Coleman was put in Prison, Monsicur La Colombiere took his Servant again, and sent away the Nephew of Mr. Coleman, and went to live in the Country. Further I know, that Monsieur La Colombiere hath great Correspondence with Father La Chaise, and with Cardinal Bouillon.

"2. Monsieur La Colombiere told me, to induce me to his Religion, "That, if I made so much Difficulty, the King would not hinder me to make Choice of the Roman Catholic Religion, seeing He knew very well that the King was a Catholic in His Heart."

"3. Furthermore, when I represented to him, "That the Parliament would not suffer Perversion in England," Monsieur La Colombiere said to me, "That, if the Parliament opposed Roman Catholics, the King would dissolve it." And further, "That the Parliament should not be always Master." He told me also, "That I should see, in a little Time, all England changed;" which also was confirmed to me many Times by his Servant.

"4. And, as I had a Design to go study at Oxford, in order to be a Minister, he turned me from it, in representing to me, "That, if I went to study at Oxford, I should fill my Mind with the Errors which the Divinity of Oxford teacheth, contrary to Holy Scripture; and if I would return into France, he would, by the Means of Father La Chaise, Jesuit, and Confessor of the King of France, place me to study in the College of Clermont; and also that he did write to Paris, to a Jesuit, in the Absence of Father La Chaise, whose Answer I read myself in Monsieur La Colombiere's Chamber; and also that I had told the Duke of York, that he had turned me from my Purpose of being a Minister;" and said, "That his Highness expressed much Satisfaction in it;" which surprized me much. But then Monsieur La Colombiere told me, "That I ought not to wonder at that, seeing his Highness was a Catholic, and received often the Sacraments." This also was confirmed to me by his Servant.

"5. Moreover, Monsieur La Colombiere hath received many Abjurations in his Chamber; as well of French as of English; and also I spoke in his Chamber to an English Gentleman, whom he sent into France to pervert, by Means of Cardinal Bouillon.

"6. That Monsieur Drevil, a Frenchman, carried to Monsieur La Colombiere's an English Merchant, to pervert him; whom Monsieur La Colombiere was to send into France, and his Family, to the Cardinal Bouillon.

"7. That Monsieur La Colombiere sends secretly Priests into Virginia; amongst others, Maccarty an Irish Priest, who was carried by La Colombiere's Servant, and by his Order to Monsieur Le Chocqueux, who lives at The Savoy; and also La Colombiere told me, "That he desired to go thither."

"This is all that I can affirm upon Oath.

"8. Furthermore, That La Colombiere hath made Mass to be said, at Mr. Robert Angier's, by Maccarty, every Sunday and Holiday, and also in the Country.

"9. That La Colombiere hath seduced Monsieur Salamon, a Minister at The Savoy, to put him into a Convent; and another Person, that was come with an Intention to enter into the Ministry; La Colombiere hath sent them into France, and gave them Money in Picardy, in his Servant Lievre's House; and then they were to pass to Rome, by the Means of Cardinal Bouillon.

"This is all I can affirm upon Oath, and in the Presence of the Parties.

"Capt. & jurat. Novem. 16, 1678, coram me,

Olivier Du Fiquet.

"Winchester."

"Francois Verdier faith, That, about Five or Six Months since, he was at Monsieur Colombiere's Chamber with Mr. Fiquet, and there heard the said Colombiere speak to Mr. Fiquet, persuading him to become a Catholic, using Arguments for it. Whereupon the aforesaid Fiquet said, "Though all were true that he urged, yet it was not fit for him in this Coun- try, while the King would not permit it. To which the said Colombiere replied, "That the King would not take it ill, if he the said Fiquet should turn Catho- lic, for that the King was Himself a Catholic in His Heart."

Sworn the 19th Day of November, 1678.

Francois Verdier.

"Anglesey."

Address for the Banishment of La Colombiere.

Whereupon the House made the ensuing Order:

"Upon Report made from the Lords Committees appointed to examine Persons for the Discovery of the horrid Design against His Majesty's Person and Government, That, upon the Examinations of Olivier Du Fiquet and Francis Verdier, taken upon Oath, it appeareth That La Colombiere (a Jesuit, and Preacher to the Dutchess), now Prisoner in The King's Bench, hath held frequent and long Communications with Mr. Coleman, and hath great Correspondence with Father Le Cheese, and with Cardinal Bouillon; and that he hath endeavoured to pervert the said Olivier Du Fiquet and Francis Verdier, and others, to the Popish Religion, using Arguments of a dangerous Nature for that Purpose, and hath in his Chamber received many Abjurations of Persons as well French as English; and that he hath secretly sent Priests into Virginia, of whom Maccarty an Irish Priest was One: All which Matters being of dangerous Consequence, and in Opposition to the Peace and Government of this Kingdom; it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend His Majesty, humbly to desire Him from this House, That His Majesty will be pleased to give Order, that the said La Colombiere may be banished out of this Kingdom, and all other His Majesty's Territories and Dominions wheresoever."

Report concerning Mr. Morgan, and Address on his Behalf.

"Upon Report made from the Lords Committees appointed to examine Persons for Discovery of the horrid Design against His Majesty's Person and Government, That Thomas Morgan, who came out of Yorkeshire, to inform of the Design to burn His Majesty's Fleet, hath been wounded, and in Danger of being murdered (by Persons yet unknown), since his coming to Town, and is in Want of Necessaries: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do wait on His Majesty, humbly to desire Him, from this House, That His Majesty will be pleased to give Order to the Lord Treasurer, to consider of the present Necessities of the said Thomas Morgan, and to make such Allowance of Money, for Supply thereof, as shall to His Majesty seem sitting."

Bill of Attainder of Conyers et al.

The Earl of Bridgwater reported, "That the Committee have considered the Bill for attainting Conyers and others, if they do not come in by a certain Day; the Opinion of the Committee is, That the Name of Beeston be left out in the Bill, he having rendered himself; and, with this Amendment, the Committee think fit the said Bill be engrossed."

The House agreed with the Committee in this Report, and ordered the Bill to be engrossed.

Beeston released.

Whereas Thomas Biston, alias Beeston, being One of the Persons required by His Majesty's Royal Proclamation (for apprehending certain Offenders therein named, and for the better Security of His Majesty and His Government from Dangers arising from Popish Recusants) to render themselves to Justice, did, before the issuing of the said Proclamation, render himself to the Lords Committees appointed to examine Persons for the Discovery of the horrid Plot against His Majesty's Person and Government, where he was examined, and acquitted by their Lordships; and the House of Peers, upon Report made thereof, have given Order for the leaving the Name of the said Thomas Biston, alias Beeston, out of the Bill of Attainder of the Persons therein named, now depending in this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Biston, alias Beeston, be, and is hereby, discharged from any further Attendance concerning this Matter; and hath Liberty to repair to his Charge as a Soldier, for taking the Oaths of Allegiance and Supremacy, and Test, and receiving the Sacrament of the LORD'S Supper according to the Usage of the Church of England.

Capt. Spalding, Governor of Chepstow Castle, examined.

The House being informed, "That Captain Francis Spalding, Deputy Governor of Chepstow Castle, was attending without;" he was called in.

And, being brought in by the Serjeant at Arms, he was told, "That he is accused for being a Papist, and for having been at Mass in Somerset House." To which he said, "He is not a Papist; and that he hath not been at Somerset House these Seven Years, but Once, to see the Captain of the Guards, about a Year and Half since." And being asked, "Whether he knows Mr. Charles Price?" He confessed he did. But, being charged with a Conspiracy to render up Chepstowe Castle to the Earl of Powis, he denied it; and further said, "He knows not his Lordship, nor ever received any Letter from him."

Then William Bedloe, being brought to the Bar with him, said, "That Captain Spalding was to deliver up Chepstowe Castle to Charles Winter, for the Earl of Powis." And being asked, "How he knew it?" He said, "That Sir Henry Titchborne told him so, in Paris, about Two Years since; and Walsh and Le Phayre told him so also; and that Captain Spalding told him, about Three Years since, upon the Road, travelling with him toward Abergavenny, "That the Lord Brudnell had got him into Chepstow Castle upon that Design." To which Captain Spalding said, "He never heard any Thing of the Delivery of Chepstow Castle to Charles Winter till now."

Then James Bedloe (Brother to William Bedloe) being called in, and sworn, said, "He saw Captain Spalding at Mass in Somerset House, about Three Years ago." And being asked, "Whether he saw him kneel, or beat his Breast?" He said, "He saw him in the Posture of Bowing, as other People were, with his Hand on his Breast."

Then Captain Spalding denied this Accusation; and said, "That he goes to Church; and that, about Four "Years since, he received the Sacrament and Test, and hath a Certificate of it; but he cannot say he hath received the Sacrament since."

Upon which, they being withdrawn, the Lords made this following Order:

Capt. Spalding committed.

"Whereas Francis Spalding, who was to be taken into Custody by the Serjeant at Arms attending this House, hath this Day appeared at the Bar, denying what is charged on him: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Francis Spalding shall stand committed to the Prison of The King's Bench, there to remain in safe Custody, till further Order; and that the Serjeant at Arms attending this House, or his Deputies, take Care to convey him to the said Prison: And this shall be a sufficient Warrant on that Behalf.

"To Sir George Charnock Knight, Serjeant at Arms attending this House, and to the Marshal of The King's Bench Prison, and their respective Deputies, and every of them."

Winter discharged.

Whereas Charles Winter was this Day brought to the Bar by the Serjeant at Arms, and there heard what he hath to say, in Answer to those Matters wherewith he was charged by William Bedloe:

After Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Charles Winter be, and is here-by, discharged from any further Restraint concerning the same; and this shall be a sufficient Warrant on that Behalf.

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

Otes's Narrative to be inserted in the Journal.

Upon Report made by the Earl of Bridgwater, from the Lords Sub-committees for examining the Journal of this House, "That, upon Examination thereof, their Lordships find, that the Narrative made by Tytus Otes, at the Bar, on the 31th of October last, of the horrid Design against His Majesty's Person and Government, is only mentioned in the Journal, but not entered at large in such Manner as he then related it; and that therefore their Lordships desire the Direction of the House concerning this Matter:"

It is thereupon ORDERED, That the said Narrative made by Tytus Otes, on the said 31th Day of October, shall be entered at large, and inserted in the Journal, as a Part of the Business of that Day.

Middledorp et al. versus Regem.

Upon the Petition of Peter Middledorp, Harman Stubbs, and others, Hamburgers, Dantzikers, Polanders, and Lunenburghers; shewing, "That, they having a rich Cargo of Goods in the Vessel called The Prosperous, of London, laden in France, and bound for Hamborough, the said Vessel, through Stress of Weather, being driven on the Coast of England, and the said Goods seized; and, upon an Information in the Court of Exchequer, the said Goods are there condemned, and Judgement given against the Petitioners, contrary to the Intent and Meaning of the late Act, prohibiting the Importation of several Goods of the Growth and Manufacture of France (as in the said Petition is alledged); therefore pray the Justice of this House for their Relief:"

Cargo of their Ship not to be sold, till further Order of this House.

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chief Baron and other the Barons of the Court of Exchequer be, and are hereby, directed to take special Care, and give Order accordingly, That, although Judgement be in the Court of Exchequer against the Petitioners, and may be entered in Condemnation of the said Goods, yet nevertheless no Execution shall be had thereupon in the Court of Exchequer, until the Pleasure of this House be further signified.

Thompson, the Printer, to be discharged upon Bail.

Upon reading the Petition of Nathaniell Thompson Printer, now Prisoner in The Gatehouse, for printing Popish Books, acknowledging his Offence, and with Sorrow begging Pardon for the same; and praying, "That he may be restored to his Liberty, without which his Wife and Children will be ruined:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Nathaniell Thompson shall appear, and give good Security before the Lord Chief Justice of England, for his the said Thompson's being of the good Behaviour, according to the Act concerning Printing; and that thereupon the said Nathaniell Thompson be discharged from his present Imprisonment; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of the Prison of The Gate house, his Deputy and Deputies, and every of them.

Lv. Brudnell Leave to be with her Lord in The King's Bench.

The House being moved, "That the Lady Brudnell, Wife of the Lord Brudnell, now Prisoner in The King's Bench by Warrant of the Lord Chief Justice of England, may have Leave to come to Town, and remain with her Husband the Lord Brudnell:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lady Brudnell be, and is hereby, authorized and permitted to come to Town, and abide with her said Husband the Lord Brudnell in the Prison of The King's Bench, without Restraint as a Prisoner.

Bedloe's Complaint of a Mistake in his Pardon.

William Bedloe, at the Bar, complained of a Mistake in his Pardon, granted to him by the King's Majesty; and that, by the Omission of the Word ["non"] before ["molestetur"] he was liable to further Trouble.

Upon which, the Lord Chancellor told him, "That, if there were such a Mistake, it might be rectified in the King's Presence; and the Pardon should then be sealed again."

But, upon Examination of the Patent before His Majesty, by His Attorney, in this House, it appeared that the Pardon is as it ought to be; and that the Mistake arose from the misreading of ["volentes"] instead of ["nolentes"].

Upon which, the Lord Chancellor declared to him at the Bar, "That the Pardon is good, as it ought to be;" and so caused it to be delivered to him at the Bar.

Protestant Religion, for Security of.

ORDERED, That this House will be in a Committee To-morrow Morning, to consider of Heads for a Bill, or Bills, for the better securing the Protestant Religion; and to be the First Business.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 22um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.

Footnotes

* Sic.