House of Lords Journal Volume 13
26 November 1678

Sponsor

History of Parliament Trust

Publication

Year published

1767-1830

Pages

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'House of Lords Journal Volume 13: 26 November 1678', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 376-380. URL: http://british-history.ac.uk/report.aspx?compid=11612 Date accessed: 30 September 2014.


Highlight

(Min 3 characters)

DIE Martis, 26 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Rochester.
Epus. Bristol.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Lyncolne.
Epus. Oxon.
Epus. Exon.
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Norff.
Dux Bucks.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
Marq. Worcester.
Marq. Dorchester.
L. Chamberlain.
Comes Oxon.
Comes Huntingdon.
Comes Suff.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Clare.
Comes Westmerland.
Comes Manchester.
Comes Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes St. Alban.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylsebury.
Comes Shaftesbury.
Comes Guilford.
Comes Feversham.
Vicecomes Say & Seale.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Newport.
Ds. Mowbray.
Ds. Awdley.
Ds. Berkeley.
Ds. Morley.
Ds. Ferrers.
Ds. De Grey.
Ds. Stourton.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Pagett.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Tenham.
Ds. Brooke.
Ds. Grey de Wark.
Ds. Lovelace.
Ds. Pawlet.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Wotton.
Ds. Cornwallis.
Ds. Freschevile.
Ds. Arundell T.
Ds. Butler M. P.

PRAYERS.

Smith's Examination concerning the Plot.

The Marquis of Winchester reported from the Lords Committees appointed to examine Persons and Papers concerning the horrid Design against His Majesty's Person and Government, the Deposition of William Smith, as followeth:

"William Smith, Wine Cooper, being sworn and examined, faith, That, Yesterday was Sevennight, betwixt Eleven and Twelve of the Clock, Mr. James Hoare the Younger, of The Mint in The Tower, (fn. *) where very importunately held this Deponent by the Hand, and would make him go to Dinner with him to a Friend's House of his, who lives in Goodmans Fields. And this Deponent faith, That, about Three or Four of the Clock, after Dinner, the said Mr. Hoare took this Deponent again by the Hand, and most importunately desired this Deponent to go along with him to Mr. Thomas Beacon's House, a Merchant, in Headon Yard, in The Mineries. And when this Deponent came first into the House, there were about Seven or Eight Men going out of a Room when this Deponent and Mr. Hore came into it, who went presently out of it; only Mr. Beacon staid, and entertained this Deponent and Mr. Hoare very kindly; where they had brought Two Bottles of Wine: And both the said Mr. Beacon and Mr. Hoare did return every Glass of Wine to this Deponent, with these Words, "Confusion to the Pope!" And did both of them express a very great Kindness unto this Deponent: And Mr. Hoare did often kiss him; and taking him by the Hand said, "Will, thou art a very honest Man; I dare trust thee with any Thing." And told this Deponent, "That he had Two Hundred Blunderbusses and other Arms at his House already." This Deponent then being willing to go away, and as he was going to the Door, he found it locked; and the said Mr. Beacon pretended it was out of Kindness, to keep him there. But this Deponent did observe the said Mr. Beacon and Hoare to whisper often together. And afterwards Mr. Hoare said, "There is One of the Heretics." Whereupon this Deponent desired earnestly to go forth, and begged of them, "For God's Sake, to let him go." But Mr. Beacon told this Deponent, "He should go and see his House first." In the mean Time, Mr. Hoare slipped forth of the Room. And after Mr. Hoare was gone, Mr. Beacon carried this Deponent to a Door of a Room; and being opened, this Deponent saw about a Dozen Men, as he believeth, all in Disguise, standing in a Cluster, and whispering together. Mr. Beacon then did thrust this Deponent in to them; saying, "There is a Heretic for you." Whereupon, this Deponent begging with great Earnestness upon his Knees that they would let him go, and after a little Time they did let this Deponent go; but told him, "If he talk of this, or make any Discovery of it, he this Deponent should not live." And this Deponent further faith, That, several Times since, divers Persons have come to his House; and told him, that such and such Persons have been at Taverns to speak with him: But this Deponent, being afraid to go himself, hath sent some Body there to enquire who they were, and could never meet with any; that this Deponent doth apprehend it was a Design only to trepan him forth, and do him Mischief.

"Will. Smith.

"Capt. & jurat. 25to Novembris, 1678, coram me,

"Winchester."

Beacon and Hoar's Houses to be searched.

Whereupon the House made the ensuing Order:

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, be, and is hereby, required immediately to repair to the House of Mr. Beacon, a Merchant, in The Mineries, and to the House or Lodgings of Mr. James Hoare the Younger, in The Tower, and make a diligent Search for Arms in the said Places, and seize and secure such Arms as he or they shall find there, and give this House an Account thereof: 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 His Majesty's Ministers and Officers Civil and Military, to be aiding and assisting in this Service."

Then the Lord Treasurer gave the House an Account of the Orders directed to some of the Deputy Lieutenants of the North and West Rideings of Yorkeshire, in Informations which his Lordship hath received thence; which (fn. *) are read; videlicet,

Scott's Information of Meetings in Yorkshire.

"The Information of Thomas Scott, of North Oarum, in the County of Yorke, Clothier, taken upon Oath, the 20th Day of November, 1678, before us, Three of His Majesty's Justices of the Peace for the West Rideing of the County aforesaid:

"Saith, That, being at Dighton, near Hothersfeild, in the West Rideing aforesaid, on the 3d of November Instant, and going out of the House where he then was, between the Hours of 10 and 11 of the Clock in the Night, there passed Men riding by him towards Leeds, Three and Three abreast, to the Number of Two Hundred and upwards, to the best of his Judgement; and how many more there might be in Company this Informant cannot tell, in regard they were going fast by as he came out of the House: But, whether they were armed or no, this Informant cannot depose, it being then very dark. And this Informant further faith, That he hath been told that they were seen by several Persons in that Town besides himself that Night, and that they went towards Leeds.

"Hen. Fairfax.
Thomas Scott.

"Jo. Kaye.

"Jo. Ramsden."

Balmer's and Walmsley's Information.

"The Information of Thomas Balmer, of HunslettHall, and Edward Walmsley his Nephew, of the same, taken upon Oath, before us, the 22th Day of November, 1678.

"These Informants say, That, upon Sunday in the Night (towards Morning), being the 3d Day of this Instant November, as they lay in their Beds (their House standing very near the Road), they heard a great Noise of Horses passing by; whereupon the said Thomas Balmer rose, and looked cut of the Window; but it was so dark, that he could see nothing, nor hear any Man speak, or make the least Noise. And these Informants both of them say, That there was so great a Number of Horse, that they were about Half an Hour in passing by; and they perceived as they passed by (they going so very near the Window) that they were not ordinary Horses, such as Pack-horses, and those that usually pass on that Road, but lusty, able, and well-spirited Horses, as they thought by the Stamping and Noise of their Feet. And further faith not.

"Capt. coram,
"Tho. Balmer.

"Hen. Fairfax.
"Edward Walmsley.

"Jo. Kaye.

"Jo. Ramsden."

Then the Duke of Monmouth gave the House an Account of an Information he had received out of Buckinghamshire, which was likewise read; as followeth;

White's Information.

"The Information of Thomas White, of Aston Clinton, Husbandman, taken upon Oath, before me, George Russell, One of His Majesty's Justices of the Peace for the County of Bucks, November the 24th, 1678.

"That, upon Wednesday the 20th Day of this Instant November, 1678, the said Thomas White and Henry Damer, of the aforesaid Aston Clinton, being, about the Hour of Seven of the Clock in the Night, a birding in the Meadow called Chicken Mead, in the Parish of Aston Clinton, the said Thomas White did discover coming towards them over the said Meadow (the Moon then being about Half an Hour high) several Men on Horseback, and thereupon called to his Companion Henry Damer to look upon them; which the said White and Damer both did whilst the greatest Part of them passed by. And the said White saith, That they marched in a-breast together, those that came foremost; and immediately after them One other Rank within 4 or 5 Yards, and so one Rank or Range after another, with great Silence, till they were all gone by, which they judged to be between Three Score and Four Score; and when they were gone about Three Quarters of a Furlong beyond the said White and Damer, they made all a Stop together in the said Mead; and the said White and Damer, being then afraid, got through a Hedge, and so went away from the said Place, leaving them there; not knowing what they were, nor whence they came; and, the Wind being something high, could not hear any Thing they said.

"The Mark (H) of Thomas White."

"The abovesaid Thomas White aud Henry Damer are both of them reputed by their Neighbours, who are well known to me, to be sober honest Men, and not likely to raise any such Story if it were not true; and is therefore believed by all that have heard it.

"George Russell."

Then the Duke of Monmouth let the House know, "That His Majesty hath seen this Examination, and hath given him Order to send out some Horse to enquire after these Persons."

E. Powis's Papers to be restored to him.

Upon Report made by the Earl of Essex, from the Lords Committees appointed to examine Persons and Papers for the Discovery of the horrid Design against His Majesty's Person and Government, "That their Lordships have perused all the Papers and Writings of the Earl of Powis, now a Prisoner in The Tower; which, being seized, were, by Order of this House, brought and delivered into the Custody of the Clerk of the Parliaments; and find not any Papers or Writings in the least relating to the said horrid Design, they being Papers merely of private Concern:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Papers and Writings may be delivered to the Earl of Powis, or such Person or Persons as his Lordship shall appoint to receive the same; and for so doing, this shall be a sufficient Warrant.

To John Browne Esquire, Clerk of the Parliaments.

Message from H. C. with a Bill; and for a Conference on the Bill to disable Papists.

A Message was brought from the House of Commons, by Mr. Booth and others; who brought up a Bill, intituled, "An Act for preserving the Peace of the Kingdom, by raising the Militia, and continuing them in Duty for Forty and Two Days;" to which the Commons desire their Lordships Concurrence.

2. To desire a Conference, touching the Matter of the late Conference.

The Answer returned was:

Answer.

That the Lords will give a Conference, as is desired; and appoint the same to be presently, in the Painted Chamber.

For raising the Militia, Bill.

Hodie 1a vice lecta est Billa, "An Act for preserving the Peace of the Kingdom, by raising the Militia, and continuing them in Duty for Forty and Two Days."

The same Lords as managed the last Conference are to be Reporters of this.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference on the Bill for disabling Papists from sitting in Parliament, &c.

The Lord Chancellor reported the Effect of the Conference, as followeth:

"That the House of Commons do not agree with their Lordships in that Matter nor Form as was delivered at the last Conference; and that for these Reasons:

"That it is contrary to the constant Method and Proceedings in Parliament, to strike out any Thing in a Bill, which hath been fully agreed and passed by both Houses; and it would make the Work endless; and might also be of dangerous Consequence, if that Method should be deserted and changed.

"In the Amendments proposed to the Bill by your Lordships, to which the Commons have disagreed, the Number of the Queen's Servants to be excepted out of the Act was limited; but, by leaving the Queen's Name out of the Bill, She may have them without Number: So that what is now offered is worse than what the Commons have already disagreed to; and consequently hath not the Nature of an Expedient.

"That, by Experience, it is found, that the Act, intituled, "An Act for preventing Dangers which may happen from Popish Recusants," proved ineffectual to remove Papists from Court, by reason there was no express Mention of the Queen's Servants.

"The Scope of the Bill relateth not only to remove Papists out of both Houses of Parliament, but also from the Court, as appeareth both by the Preamble and Body of the Bill. And the Danger of His Majesty may reasonably be supposed to be chiefly in His Court; and the Safety of His Person, the Commons think, ought more to be considered than any Respects to any Person whatsoever.

"Therefore, the Commons say, they cannot agree with your Lordships, neither in the Expedient nor Amendments."

The Lords, taking the Matter of the aforesaid Conference into Consideration, and well weighing what great Concernment this Bill was of, came to these Resolutions following:

It was Agreed to insist on that Amendment ["or hereafter shall be"].

The Question being put, "Whether any Number of Men Servants that are the King's Subjects, and Roman Catholics, shall be insisted upon to be the Queen's Servants, and be Part of the Bill?"

It was Resolved in the Negative.

Agreed to insist, That the Queen shall have Nine Women Servants Roman Catholics.

Agreed to insist, That the Dutchess of Yorke shall have Five Women Servants Roman Catholics.

And these Expedients to be proposed at a Conference with the House of Commons, and offered as new Amendments; and the old Amendments to be laid aside.

Another Conference on it.

ORDERED, To have a Conference with the House of Commons, this Afternoon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quarta, Dominis sic decernentibus.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Rochester.
Epus. Bath & Wells.
Epus. Oxon.
Epus. Exon.
Dux (fn. *) Cumberland.
Ds. Cancellarius.
Ds. Treasurer.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Albemarle.
Marq. Winton.
Marq. Worcester.
L. Chamberlain.
E. Huntingdon.
E. Suff.
E. Salisbury.
E. Bridgwater.
E. Leycester.
E. North'ton.
E. Denbigh.
E. Clare.
E. Westmerland.
E. Manchester.
E. Peterborough.
E. Strafford.
E. Scarsdale.
E. Essex.
E. Bath.
E. Craven.
E. Aylesbury.
E. Shaftesbury.
E. Guilford.
E. Feversham.
Vicecomes Say & Seale.
Vicecomes Hallyfax.
Vicecomes Newport.
Ds. Awdley.
Ds. Ferrers.
Ds. De Grey.
Ds. Stourton.
Ds. Windsor.
Ds. Wharton.
Ds. Pagitt.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Tenham.
Ds. Grey de W.
Ds. Lovelace.
Ds. Maynard.
Ds. Colepeper.
Ds. Gerard B.
Ds. Wotton.
Ds. Cornwallis.
Ds. Frescheville.
Ds. Arundell.
Ds. Butler M. P.

PRAYERS.

Message to H. C. for a Conference on the Bill to disable Papists.

A Message was sent to the House of Commons, by Sir Andrew Hacket and Sir John Hoskins:

To desire a present Conference, in the Painted Chamber, touching the Subject-matter of the last Conference.

For raising the Militia, Bill.

Hodie 2a vice lecta est Billa, "An Act for preserving the Peace of the Kingdom, by raising the Militia, and continuing them in Duty for Forty and Two Days."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Dux Cumberland.
L. Treasurer.
L. Privy Seal.
Dux Bucks.
Dux Albemarle.
Marq. Winton.
Marq. Worcester.
L. Chamberlain.
E. Huntingdon.
E. Suff.
E. Salisbury.
E. Bridgwater.
E. Leycester.
E. North'ton.
E. Denbigh.
E. Clare.
E. Westmerland.
E. Manchester.
E. Peterbourgh.
E. Strafford.
E. Scarsdalle.
E. Clarendon.
E. Essex.
E. Bath.
E. Craven.
E. Aylesbury.
E. Shaftesbury.
E. Guilford.
E. Feversham.
Vicecomes Say & Seale.
Vicecomes Hallyfax.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Rochester.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Oxon.
Epus. Exon.
Ds. Awdley.
Ds. Ferrers.
Ds. De Grey.
Ds. Stourton.
Ds. Windsor.
Ds. Wharton.
Ds. Paget.
Ds. North.
Ds. Hunsdon.
Ds. Tenham.
Ds. Grey de Wark.
Ds. Lovelace.
Ds. Maynard.
Ds. Colepeper.
Ds. Gerard B.
Ds. Wotton.
Ds. Cornwallis.
Ds. Freschevile.
Ds. Arundell T.

Their Lordships, or any Five of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings; and to adjourn as they please.

For Conviction of Popish Recusants, Bill.

Hodie 2a vice lecta est Billa, "An Act for the better Discovery and speedier Conviction of Popish Recusants."

ORDERED, That the Consideration of this Bill is committed to the same Committee appointed for the Bill concerning the Militia.

Beacon and Hoare's Houses searched.

The Serjeant at Arms gave the House this Account: "That he hath searched the Houses of Mr. James Hoare and Mr. Beacon; but can find no Arms in neither of their Houses."

Smith, Leave to stay in Town on Lord Carrington's Affairs.

The House being moved, "That Mr. John Smith, who is concerned in the settling of the Estate upon which the Lord Carrington is to suffer a Recovery this Term, may have Leave to come to Town for a few Days, to perfect the said Settlement."

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Smith be, and is hereby, authorized and permitted to come to and stay in Town for the Space of One Week from the Time of his coming to Town, and no longer, in order to the perfecting of the Settlement aforesaid.

Preservation of the King's Person, and securing the Protestant Religion.

The House was adjourned into a Committee, to consider of Proposals for the Preservation of the King's Person and Government, and securing the Protestant Religion.

The House was resumed.

Then the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference on the Bill for disabling Papists.

The Lord Chancellor reported, "That he had delivered to the House of Commons at this Conference, the new Amendments made by their Lordships concerning the Servants of Her Majesty and her Royal Highness; which the Commons will consider of."

Order to put in Execution the Proclamation for Papists to leave London.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Justices of the Peace, Constables, Churchwardens, and other Parish Officers entrusted with the Execution of His Majesty's late Proclamation, commanding all Persons, being Popish Recusants or so reputed, to depart from the Cities of London and Westminster, and all other Places within Ten Miles of the same, be, and are hereby, strictly required to give a speedy Account to this House, what they have done in Pursuance thereof; and particularly that those therein concerned, by this Day Sevennight, give an Account of the Names of what Papists, as well Householders as Inmates and Lodgers, are now in London, Westminster, and Southwark, and the respective Liberties thereof, and of what Nations the said Papists are.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 27um instantis Novembris, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 10th of December, 1678, by us,

J. Bridgewater.

Craven.

Tho. Exon.

Vaughan Carbery.

Footnotes

* Sic.
* Sic.
* Origin. Cancellarius.