House of Lords Journal Volume 12
10 March 1671

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1767-1830

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'House of Lords Journal Volume 12: 10 March 1671', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 449-452. URL: http://british-history.ac.uk/report.aspx?compid=12767 Date accessed: 23 July 2014.


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DIE Veneris, 10 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. London.
Epus. Winton.
Epus. Ely.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Oxon.
Epus. Rochester.
Epus. Bangor.
Epus. Chester.
Epus. St. Asaph.
Sir Orlando Bridgman, Mil. et Bar. Ds. Custos Magni Sigilli.
Dux Monmouth.
Marq. Worcester.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Edwardus Comes Manchester, Camerarius Hospitii Domini Regis.
Comes Kent.
Comes Derby.
Comes Bedford.
Comes Suffolk.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Clare.
Comes Berks.
Comes Rivers.
Comes Dover.
Comes Petriburgh.
Comes Winchilsea.
Comes Chesterfield.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes St. Albans.
Comes Sandwich.
Comes Essex.
Comes Cardigan.
Comes Anglesey.
Comes Craven.
Comes Aylisbury.
Vicecomes Mountagu.
Vicecomes de Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Awdley.
Ds. Berkeleyde Berkeley.
Ds. Sandys.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby.
Ds. Chandos.
Ds. Petre.
Ds. Arundell.
Ds. Grey.
Ds. Maynard.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Powis.
Ds. Newport.
Ds. Hatton.
Ds. Byron.
Ds. Widdrington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Ashley.
Ds. Crewe.
Ds. Howard de Castle Rysing.

PRAYERS.

Assaulting the L. Steward.

ORDERED, That the Committee concerning the Lord Steward's Business do meet To-morrow Morning, at Nine of the Clock.

Booth's Bill.

Hodie 3a vice lecta est Billa, "An Act to enable Henry Booth Esquire to levy Fines and suffer Recoveries."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Paris Garden Bill.

Hodie 2a vice lecta est Billa, "An Act for making the Manor of Paris Garden a Parish, and to enable the Parishioners of St. Saviour's Southwarke to raise a Maintenance for Ministers, and for Repair of their Church."

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

Comes Derby.
Comes Bridgwater.
Comes North'ton.
Comes Dover.
Comes Winchilsea.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Craven.
Vicecomes de Stafford.
Vicecomes Mordant.
Vicecomes Hallyfax.
Arch. Yorke.
Epus. Winton.
Epus. Petriburgh.
Epus. Sarum.
Epus. Carlile.
Epus. Rochester.
Epus. St. Asaph.
Ds. Eure.
Ds. Willoughby.
Ds. Howard de Esc.
Ds. Powis.
Ds. Byron.
Ds. Colepeper.
Ds. Lucas.
Ds. Holles.
Ds. Ashley.

Their Lordships, or any Five; to meet this Afternoon, at Three of the Clock, in the Prince's Lodgings.

Sir A. Hacket's Bill.

Hodie 2a vice lecta est Billa, "An Act to enable Sir Andrewe Hacket Knight to settle a Portion of Money on Mary Hackett his Daughter."

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

Comes Derby.
Comes Bridgwater.
Comes North'ton.
Comes Berks.
Comes Dover.
Comes Winchilsea.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Anglesey.
Comes Craven.
Vicecomes de Stafford.
Vicecomes Mordant.
Vicecomes Hallyfax.
Arch. Yorke.
Epus. Winton.
Epus. Sarum.
Epus. Carlile.
Epus. Rochester.
Epus. St. Asaph.
Ds. Eure.
Ds. Willoughby.
Ds. Howard Esc.
Ds. Powis.
Ds. Byron.
Ds. Colepeper.
Ds. Lucas.
Ds. Gerrard.
Ds. Holles.
Ds. Ashley.

Their Lordships, or any Five or more of them; to meet To-morrow, at Three of the Clock in the Afternoon, in the Prince's Lodgings.

The House being made acquainted that the House of Commons are ready in the Painted Chamber for a Conference, the same Lords who managed the last Conference are appointed to report this Conference.

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 Petition to the King, against the Growth of Popery.

The Earl of Anglesey reported the Effect of the Conference, which was as follows:

"That Sir Thomas Meares said, At the last Conference concerning the Petition to be presented to His Majesty against the Growth of Popery, their Lordships did express their Consent to Seven of the Ten Heads, and to Four of the Six Remedies: To the other, (videlicet,) the 2d, 3d, and 10th Causes of the Growth of Popery, their Lordships expressed themselves not then satisfied in Matter of Fact. And this Conference was, to give their Lordships those Reasons which induced the House of Commons to give Credit to the Matter of Fact in those Three Heads.

"As to the Second Cause, it was attested by Two Members of the House of Commons, That One Method which the Popish Priests use at the saying of Mass is this: When they come into the Room where they intend to exercise the Function, a consecrated Stone is produced, and that which they call the Host is set thereon, and then that Place is used by them as consecrated or dedicated to that Use; and this is practised in divers Parts of this Kingdom.

It was affirmed to the House of Commons, That, in an eminent Papist's House in Yorkeshire, a Bell was publicly rung, to call People to Mass; and this to the Knowledge of a Member of the House of Commons, who, examining the Neighbours, was informed that the said Mass Bell was commonly rung at the Time proper for it.

"It was affirmed by Three Members of the House of Commons, That it is generally reported, without any Contradiction, in and about Oxford, That, at the Myter Taverne in Oxford, and at Mr. Brent's of Ruley House in Oasney, near the City, there is, and hath been of late Years, Mass commonly used and said in Rooms set apart for it in those Places; and upon several Circumstances they verily believe the Truth thereof. There are the like Proofs of Chapels, or Places for saying Mass, in divers other great Towns of this Kingdom.

"It is affirmed by another Member of the House of Commons, That there is a Public Chapel, or Burying Place, in Winchester, for the Papists; and that there hath been some Persons interred publicly there of that Profession, attended with Numbers of Horsemen, Coaches, and lighted Torches; where there are new Tomb-stones, with their Inscriptions engraven, of what Condition or Order they were of.

"It is affirmed by another Member of the House of Commons, That, at Lantarnam, an eminent Papist's House in Monmouthshire, there is a Room fitted up Chapelwise for saying of Mass, where, as it is generally affirmed, one Mr. David Lewis, a Popish Priest, hath said Mass for several Years last past. The like is done by Mr. Handcocke, Mr. Elmes, Mr. Watson, and Mr. Seaborne, at the Town of Abergaveny; and by Mr. Price, Mr. Watkins, Mr. Powell, and Mr. Anderton, at Lanarth. The like is done by Mr. Anslow, at Lanthewy; by Mr. Andrewes, at Lanfoyst; by Mr. Catchway, at Perthheere; by Mr. Lloyd, at Lanvayre; by Mr. Clarke at Dingeston; by Mr. Lloyd, at Lantoney; by Mr. Andrewes, at Landiloe; by Mr. Hall, at Mr. James Pritcherd's; by Mr. Price, at Mrs. Milborne's; by Mr. Powell, at Mr. Besley's; by Mr. Davis at Traowen; by Mr. Elliot, at Mr. William Pritcherd's; and by Mr. Rider, Mr. Williams, and Mr. Morgan, at Garway; besides the Priests at The Coombe.

"As to the 3d Cause, it was affirmed to the House of Commons by a Member, being a Justice of Peace in the City of Westm., That a Servant Maid, being seduced to Popery, was brought before him; and, upon Examination, she confessed that certain English Popish Priests, living at The Old Tennis Court House at St. James', had much endeavoured to pervert her in the Principles of Religion; and that there were a Society or Number of English Popish Priests, or Friars, who lived together in the said House; and that this Number of English Popish Priests were distinct from the other Popish Priests who lived in the Convent built near Her Majesty's Chapel; and that the House where the said English Popish Priests lived, was called The English Convent; and that she was told they were called Benedictins.

"Another Member of the House of Commons attested. That he saw at One Time in St. James' a very great Number of Popish Priests in their Habits; of which he did believe, for several Reasons and Circumstances, that about One Half of them were English Popish Priests, and some of them he personally knew to be so.

"Another Member of the House of Commons hath affirmed to the House, That, at The Combe in Herefordshire, for divers Years last past, there hath been about Six Popish Priests or Jesuits, sometimes more, sometimes less, residing there, in the Nature, and after the Manner, of a Convent or Fraternity; to whom belongs, as a Revenue and Maintenance, besides The Combe and its Demesnes, other Tenements not far from it, cunningly held and transferred from Hand to Hand by Trustees; and that there is Weekly a Horse Load or more of Provisions bought, at Monmouth Market or elsewhere, for the Use of the said Fraternity of Popish Priests and their Attendants; and that the said Place hath been reputed to be a Shelter for such Popish Priests near Forty Years, and was searched as such before the late unhappy Wars by some of the Deputy Lieutenants of Herefordshire; and that there are very artificial Contrivances in the said House, for hiding of such Persons: And most of this hath appeared before the said Member upon due Examination, being often urged thereunto by divers Complaints of His Majesty's good Subjects thereabouts, of the manifold Perversions of very great many Persons from their Religion established, to Popery, by the Art and Practice of the said Popish Priests or Jesuits at The Combe aforesaid; and the same may be proved upon Oath on any just Occasion.

"Further, a Member of the House of Commons doth affirm, That in Westminster he accidentally met with a Freeholder of Monmouthshire, who will attest, that he, being a Collector of the late Taxes for the Town and Parish of Monmouth, had Occasion thereupon to repair to The Combe in Herefordshire, near Monmouthshire, a great Part of the Demesnes whereof are lying in the Parish and County of Monmouth, about Sixty Pounds a Year; and that another Tenement, called Amerlee, about Forty Pounds a Year, doth likewise belong to the said Combe, and is situate in the same Parish and County; for both which Farms the Taxes are usually demanded at The Combe, where the Steward there refuses to pay the same till he received Order for it from one Mr. Thomas Gunter, a Solicitor at Law, an Agent for The Combe, and a violent Papist; and that most of the Popish Meetings of those Parts repair to The Combe, where the general Report goes, without Control, that there are Numbers of Popish Priests usually inhabiting there. Lastly, one Mr. William Morton, a rigid Papist, was Steward of The Combe, Amerlee, and both Demesnes; and since his Death, one Mr. James Appletree, as rigid a Papist, succeeds in the Stewardship; both which have constantly made Weekly Provision (over and above what those Farms produced) of at least a Horse Load of Victuals, in the Market of Monmouth or elsewhere, and against some Festivals a far greater Proportion is made; and notwithstanding all aforesaid, when an Officer upon any Occasion repairs to The Combe, very few Persons will publicly shew themselves; and that the Doors of the said House is for the most Part kept shut.

"Another Person living in this City, being likewise accidentally met withal, being near related to one Parson Tidder, of the Parish of Lanronthall, wherein the said Combe lies, will testify, That one Watson formerly sold The Combe, in a Trustee's Name, as the said Tidder told him, for the Use of Popish Priests; the Upper Combe, being a little distant from the Lower, was about Forty Years since built aptly with Contrivances to shelter such Sort of Persons, so that many may walk round the House to search for them, and very hardly find any, notwithstanding divers Popish Priests may be then present in the House; and it is so situated, that, upon a very strict Search, Persons may slip divers Ways out of the same into great and thick Woods: About Eight Years since, this Person lived thereabouts; and then it was the common Report, without any Control, affirmed, That one Webb a Popish Priest, one Charles a Priest, and one James a Priest, constantly inhabited in The Combe, and that divers other Popish Priests usually resorted to them. One Morton was then Steward, who made about Sixty Pounds a Year of the said Demesnes, to the Uses aforesaid.

"The House of Commons are further informed of several Popish Priests usually residing together, in or near Worcester, Wolverhampton, Ryppon, Yorke, and Abergavenny.

"As to the Tenth Cause, and what is set down by the House of Commons concerning Peter Talbott's exercising his pretended Function at London; it is affirmed to them, by a Member of theirs, That the said Peter Talbott did, as a Bishop, confirm several Persons in this City whilst he staid here; and declares himself ready, whenever called upon, to prove the same: But the particular Witnesses desire their Names may not be publicly discovered until Peter Talbott be in Custody, and they themselves are produced to give Evidence upon some further Occasion, lest they should be maliciously assaulted and mischieved, as Mr. Edward Vernon hath lately been upon such another Occasion.

"Upon this, the House of Commons desire their Lordships would please to agree with them in the Petition to be presented to His Majesty against the Growth of Popery."

And, upon Consideration thereof, it is ORDERED, That this House agrees with the House of Commons in the said Petition, to be presented to His Majesty by both Houses of Parliament.

The Tenor thereof, as it is now agreed to, follows; videlicet,

Petition against the Growth of Popery.

"May it please Your Most Excellent Majesty,

"We Your Majesty's most humble and loyal Subjects, the Lords Spiritual and Temporal and Commons in this present Parliament assembled, being sensible of Your Majesty's Constancy to the Protestant Religion both at Home and Abroad, hold ourselves bound in Conscience and Duty to represent to Your Most Sacred Majesty the Causes of the dangerous Growth of Popery in these Your Majesty's Dominions, the ill Consequences whereof we heartily desire may be prevented; and therefore what we humbly conceive to be some present Remedies for the said growing Mischiefs, we have hereunto added, in our most humble Petitions.

"Causes of the Growth of Popery:

"1. That there are great Numbers of Priests and Jesuits frequenting the Cities of London and Westminster, and most of the Counties of this Kingdom, more than formerly, seducing Your Majesty's good Subjects.

"2dly, That there are several Chapels and Places used for saying of Mass, in the great Towns and many other Parts of this Kingdom, besides those in Ambassadors Houses, whither great Numbers of Your Majesty's Subjects constantly resort and repair without Control, and especially in the Cities of London and Westminster, contrary to the established Laws.

"3dly, That there are Fraternities or Convents of English Popish Priests and Jesuits, at St. James', and at The Combe in Herefordshire, and others in other Parts of the Kingdom; besides, several Schools are kept in divers Parts of this Kingdom, for the corrupt educating of Youth in the Principles of Popery.

"4thly, The common and public selling of Popish Catechisms, and other seditious Popish Books, even in the Time of Parliament.

"5thly, The general Remissness of the Magistrates, and other Officers, or Clerks of Assize and Clerks of the Peace, in not convicting of Papists according to Law.

"6thly, That suspected Recusants are free from all Offices chargeable and troublesome; and do enjoy the Advantages of Offices and Places beneficial, executed either by themselves, or by Persons intrusted for them.

"7ly, That the Advowsons of Churches and Presentations to Livings are disposed of by Popish Recusants, or by others intrusted by them, as they direct, whereby most of those Livings and Benefices are filled with scandalous and unfit Ministers.

"8ly, That many Persons take the Liberty to send their Children beyond the Seas, to be educated in the Popish Religion; and that several young Persons are sent beyond Seas, upon the Notion of their better Education, under Tutors or Guardians, who are not put to take the Oaths of Allegiance and Supremacy, and usually corrupt the Youths under their Tuition into Popery.

"9thly, That there have been few Exchequer Process issued forth since the Act of Oblivion against the Popish Recusants Convict, though many have been certified thither.

"10thly, The great Insolencies of the Papists in Ireland, where do publicly appear Archbishops and Bishops, reputed to be made such by the Pope, in Opposition unto those made under Your Majesty's Authority, according to the Religion established in England and Ireland; and the open Exercise of Mass in Dublin, and other Parts of that Kingdom, is a further great Cause of the present Growth of Popery; and that Peter Talbot, the reputed Archbishop of Dublin, was publicly consecrated so at Antwerpe with great and public Solemnity, from whence he came to London, where he exercised his Function, and was all along his Journey to Chester treated with the Character of his Grace, by the Popish Recusants whom he visited; and at his landing in Dublin, he was received with very great Solemnity by those of the Popish Religion there; where also he exercised his Function publicly, great Multitudes then flocking to him, and still continues to do the same. His present Residence is within Three Miles of Dublin, at his Brother's, Colonel Richard Talbott, who is now here, soliciting Your Majesty as public Agent on the Behalf of the Irish Papists of that Kingdom.

"The Remedies against these growing Mischiess, we, the Lords Spiritual and Temporal and Commons in this present Parliament assembled, do in all Humility represent to Your Sacred Majesty, in these Petitions following:

"1st, That Your Majesty, by Your Proclamation, would be most graciously pleased to command, That all Popish Priests and Jesuits do depart this Realm, and all other Your Majesty's Dominions, on or before a short Day to be prefixed, at their Perils (excepting only such Foreign Priests as attend Her Majesty's Person by the Contract of Marriage, and Ambassadors according to the Law of Nations); and that all Judges and Justices of the Peace, and all other Ministers and Officers of Justice, do cause the Laws now in Force against Popish Recusants to be put in due Execution, and, in the First Place, for the speedy Conviction of such Popish Recusants; and that all Judges and Justices aforesaid do strictly give the said Laws in Charge unto the Juries, at all Assizes and Sessions, under the Penalty of incurring Your Majesty's highest Displeasure.

"2dly, That You would be graciously pleased to restrain and hinder the great Concourse of Your native Subjects, from hearing of Mass, and other Exercises of the Romish Religion, in the Houses of Foreign Ambassadors or Agents, and in all other Chapels and Places of this Kingdom.

"3dly, That Your Majesty would be most graciously pleased, out of Your most Princely Wisdom and pious Consideration, to take Care, and cause, that no Office or Employment of public Authority, Trust, or Command, in Civil or Military Affairs, be committed to, or continued in, the Hands of any Person being a Popish Recusant, or justly suspected to be so.

"4thly, That Your Majesty would be graciously pleased to take Notice of all Fraternities and Convents of English and other Popish Priests, Jesuits, and Friars, and Schools for the educating of Youth in the Principles of Popery, erected within Your Majesty's Dominions; and to cause the same to be abolished, and the said Priests, Jesuits, Friars, and Shoolmasters, to be duly punished for such their Insolencies.

"5thly, That Your Majesty would be graciously pleased, from Time to Time, to require and cause, that all the Officers of or relating to the Exchequer, according to their several Duties, do proceed in, and issue forth, the Exchequer Process effectually upon Popish Recusants Convict, certified thither; and that every such Officer as shall refuse or neglect to do his Duty as aforesaid, be severely punished for such his Failure.

"6thly, That Your Majesty would be graciously pleased to give Order for apprehending, and bringing over into England, one Plunkett, who goes under the Name of Primate of Ireland, and one Peter Talbott, who takes on him the Name of Archbishop of Dublin; to answer such Matters as shall be objected against them.

"To these our most humble Petitions, proceeding from our Duty and Zeal for the Glory of God, and Good of Your Sacred Majesty, and from the Care incumbent on us for the Safety and Peace of these Your Majesty's Kingdoms; we do in all Humility beseech Your Majesty to vouchsafe a gracious Answer.

"And we, Your Majesty's most loyal and obedient Subjects, the Lords Spiritual and Temporal and Commons in this present Parliament assembled, shall ever pray for Your Majesty's long and happy Reign over us; and, as in Conscience we are obliged, shall constantly adhere to, and assist Your Majesty, in the Maintenance and Defence of Your Majesty's Supremacy, and the true Protestant Religion now established in Your Majesty's Dominions, in Opposition to all Foreign Powers and Popish Pretensions whatsoever."

King to be attended with it.

The Lord Steward and the Lord Chamberlain are appointed by this House, to know what Time His Majesty will please to appoint, to have this Petition and Address presented to Him.

Message to H. C. about it.

A Message was sent to the House of Commons, by Sir Mundiford Bramston and Sir William Beversham:

To acquaint them, that the Lords do agree to the Petition against the Growth of Popery; and have sent to His Majesty, to know what Time He will please to appoint for the presenting the same unto Him.

Lord Holles Complaint against the L. C. Justice of the K. B.

This Day the Lord Holles produced several Witnesses to be examined concerning his Complaint (in his Petition) of several Indignities put upon him by the Lord Chief Justice of the Court of King's Bench, at the Trial of some French Gentlemen in the said Court of King's Bench, who were there falsely accused of a Robbery, by Four Butchers, in Easter Terme last.

After the Hearing of such Witnesses, the Lord Chief Justice made his Defence; and denied that he intended any Thing against the Lord Holles, when he spake those Words at the said Trial, ["That it was a foul Contrivance, &c."] as in the Petition is set forth.

To which Defence the Lord Holles made a short Reply, and then voluntarily withdrew himself.

And the Lord Chief Justice withdrew himself also.

Upon which, the House took the whole Matter into serious Consideration; and ORDERED, That the Lord Chief Justice should be called to his Place as a Judge, and (openly in the Presence of the Lord Holles) the Lord Keeper should let him know, "That this House is not satisfied with his Carriage towards the Lord Holles in this Business; and therefore hath ordered that he should make this Acknowledgement, which is to be read by the Clerk, as followeth: That he did not mean it of the Lord Holles when he spake those Words, "That it was a foul Contrivance;" and that he is sorry that, by his Behaviour or Expressions, he gave any Occasion to interpret those Words otherwise; and asks the Pardon of this House and of the Lord Holles."

Then the Lord Chief Justice of the Court of King's Bench being called into his Place (the Lord Holles being also present), the Lord Keeper performed the Directions of the House; and the Lord Chief Justice read the Acknowledgement abovesaid, only changing the Style into the First Person.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in undecimum diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.