House of Lords Journal Volume 13
28 October 1678

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 13: 28 October 1678', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 304-306. URL: http://british-history.ac.uk/report.aspx?compid=11586 Date accessed: 21 October 2014.


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DIE Lunæ, 28 Octobris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of York.
Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Rochester.
Epus. Ely.
Epus. Bristol.
Epus. Bath & Wells.
Epus. Lyncolne.
Epus. St. David's.
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Monmouth.
Marq. Winton.
Marq. Dorchester.
L. Great Chamberlain.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Huntingdon.
Comes Suff.
Comes Dorset & Midd.
Comes Bridgwater.
Comes Leycester.
Comes Denhigh.
Comes Manchester.
Comes Mulgrave.
Comes Peterborough.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes St. Alban.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Shaftesbury.
Comes Guilford.
Comes Feversham.
Vicecomes Halyfax.
Vicecomes Newport.
Ds. Awdley.
Ds. Berkeley.
Ds. De Grey.
Ds. Stourton.
Ds. Eure.
Ds. Wharton.
Ds. North et Grey.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Pawlet.
Ds. Maynard.
Ds. Vaughan.
Ds. Lucas.
Ds. Gerrard B.
Ds. Wotton.
Ds. Freschevile.
Ds. Arundell T.
Ds. Butler M. P.

PRAYERS.

King's Answer to the Address for removing Papists.

The Lord Chancellor acquainted the House, "That His Majesty having been presented with the Address of both Houses for Removal of all Papists from the Cities of London and Westm. His Majesty is pleased to give this Gracious Answer, That He will give Order speedily for issuing out a Proclamation, as is desired; and will take Care that the Lieutenancy for the Militias shall have Orders to be ready accordingly."

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir John Knight and others; who brought a Bill, intituled, "An Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament;" to which the Commons desire their Lordships Concurrence.

Address to the King, for Preservation of His Person.

The Duke of Monmouth reported, "That the Committee for drawing up an Address to His Majesty, as the humble Advice of this House to His Majesty, for the better Preservation of His Person, have prepared a Draught for that Purpose."

Which, being read, was Agreed to, with an Addition.

The said Address followeth:

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, considering the Dangers Your Majesty's Royal Person is daily exposed to, by the great Resort to Your Palace, and the Parts adjoining where You are pleased to entertain Yourself, of Persons heretofore not admitted to that Liberty; and reflecting upon the wicked Conspiracies and villainous Designs of the Papists lately discovered; do, in most humble Manner, beseech Your Majesty to give effectual Order, that the following Points, within and without Your Royal Palace, may, for the Preservation of Your Sacred Person, be duly and exactly observed:

"1. That all possible Care be taken, to hinder all Papists from coming to Court, excepting only the menial Servants of the Queen and Dutchess, allowed by the Articles of Marriage.

2. That the like Care be taken, that all such as are employed in Your Majesty's Guards do receive the Sacrament of the Lord's Supper, and take the Oaths and Test enjoined by Law; and that a Reward be offered, in such Manner as Your Majesty shall think fit, to those who shall discover any, who, having taken the Sacrament and Oaths aforesaid, have since turned, or hereafter shall turn, Papists, or hear Mass.

3. The like Care to be taken, that no Papist be employed in the Preparation of Your Majesty's Diet of any Kind whatsoever.

4. The like Care to be taken, concerning the numerous Resort of Your Majesty's Subjects to the Chapel of Somersett House, and to the Chapels of Ambassadors and Foreign Ministers; and that the Chapel at St. James's, lately used for Mass, being so separated from Your Majesty's Palace there as that Access to it cannot be prejudicial to Your said Palace, may be used for the Ease of the Parish of St. Martin's in the Feilds, for the Service of God, by the Use of the Liturgy of the Church of England, and Preaching there.

5. And because there is usually a great Concourse of mean and unwarranted People frequenting Your Majesty's Privy Galleries and Privy Lodgings, and Rooms adjacent; that Your Majesty be pleased to cause a severe Restraint to be made thereof, and none admitted there but such as Your Majesty shall be pleased to qualify thereunto; and, in order thereunto, to cause the Officers of Your Household to wait in their proper Stations: That the Locks of the Doors of Your Majesty's Palace be changed; and Keys delivered to none, but such only as shall be given them by the Lord Chamberlain, according to a List signed by Your Majesty: That all Persons, forbidden as aforesaid, be made to abstain from following Your Majesty in St. James's Parke; and that all the private Doors there be walled up.

"And generally, That the Rules and Orders of the Household, established by Your Majesty's Royal Father of Blessed Memory, be strictly observed; or with such Variations as Your Majesty, in Your great Wisdom, shall be pleased to think fit."

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with the White Staves, and the Lords Committees who prepared the Address of Advice for the Preservation of His Majesty's Person, do attend His Majesty, from this House, for presenting thereof.

Committee to examine Prisoners.

ORDERED, That the Lord Chief Justice of the King's Bench is appointed to go with the Lords that are appointed to examine the Prisoners in Newgate, to assist them in the said Examinations.

Removing Timber, &c. from Cellars near the Parliament House.

The House being informed, "That there is some Timber and other Materials laid up in some Room or Cellar under Part of the Court of Requests, which may be of dangerous Consequence:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, recommended to the Lord High Chamberlain of England, to take special Care that the said Timber and other Materials be forthwith removed; and that for the future no Timber, Fire-wood, Coals, or any other Goods, be lodged and kept in any of the Rooms or Cellars under any Part of the House of Peers, nor in any of the Rooms or Cellars under or adjoining to the Prince's Lodgings, the Painted Chamber, or the Court of Requests.

Thompson's Popish Books to be burned.

Whereas divers Books and Papers belonging to James Thompson, now Prisoner in The Gatehouse, have been seized, and carried to the Lord Bishop of London's House:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Bishop of London do cause all such of the said Books as are Popish Books, and ought not to be uttered here, to be publicly burned, at The Old Exchange in London, between the Hours of Twelve and One of the Clock of such Day as his Lordship shall appoint; and that the Sheriffs of London and Midd. do take Care to provide such Guards, as that there may be no Disturbance at the burning of the said Books.

Sorocold, for seizing them, to be recommended to the King.

It appearing to this House, "That William Sorocold hath done very good Service to His Majesty and this House, in seizing James Thompson, and his Papers and Popish Books:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, recommended to the Lord High Treasurer of England, to represent the said Wm. Sorocold's said Service to the King's Majesty, that he may be rewarded as His Majesty shall think fit.

Consideration of the present Dangers to be proceeded in.

ORDERED, That the Consideration of the present Dangers the King's Majesty and the Kingdom is in, and how to prevent the same, be proceeded in To-morrow Morning, the First Business; and nothing to intervene.

ORDERED, That the Lords appointed to examine the Prisoners now in Newgate for Treason do make Report to this House of what they have done therein To-morrow Morning.

Restraining and examining Peers to be considered.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will take into Consideration the Way, according to the Course of Parliaments, of arresting and restraining a Peer of this Realm, sitting the Parliament, and of taking Examinations against him, in Cases of High Treason, and of the Proceedings to be had against such a Peer, on Monday the Fourth Day of November next.

Fielding, D of Bucks' Servant, arrested:

Upon Oath made at the Bar, by Mathew Lyster; and Samuell Ellams, "That Robert Feilding Esquire, Servant to the Duke of Bucks a Peer of this Realm, was arrested, by Edward Moulton One of the Bailiffs to the Head Bailiff at Westm. at the Suit of Francis Snape, and detained Prisoner in the Prison of The Gatehouse at Westm. within the Time of Privilege of Parliament, contrary to the said Privilege; and that the said Edward Moulton, seeing and owning the Duke's Hand and Seal to the Protection of the said Robert Feilding, refused to deliver him, alledging that the said Francis Snape would bear him out, and that the said Francis Snape had the Duke's Leave for what he did:"

Moulton and Snape to be attached.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy, do forthwith attach the Bodies of the said Edward Moulton and Francis Snape, and bring them in safe Custody to the Bar of this House, to answer for their said Offences: And this shall be a sufficient Warrant on that Behalf.

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

and Fielding discharged.

Upon Oath made at the Bar, by Mathew Lyster and Samuell Ellams, "That Robert Feilding Esquire, Servant to the Duke of Buckingham a Peer of this Realm, was arrested by Edward Moulton, One of the Bailiffs to the Head Bailiff of Westminster, at the Suit of Francis Snape, and detained Prisoner in the Prison of The Gatehouse at Westminster, till he was removed to the Prison of The King's Bench, within the Time of Privilege of Parliament, contrary to the said Privilege:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Fielding be forthwith discharged from the said Arrest and Imprisonment, at whose Suit soever, or whatsoever other Actions be laid on him: And this shall be a sufficient Warrant on that Behalf.

To the Marshal or Keeper of the Prison of The King's Bench, his Deputies and Turnkeys, and every of them.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, 29um diem instantis Octobris, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 20th of November, 1678, by us,

J. Bridgewater.
Scarsdale.
Clarendon.
Craven.
P. Bath & Wells.