House of Lords Journal Volume 13
9 November 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: 9 November 1678', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 345-347. URL: http://british-history.ac.uk/report.aspx?compid=11598 Date accessed: 02 September 2014.


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DIE Sabbati, 9 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Ely.
Epus. Glouc.
Epus. Bath & Wells.
Epus. Bristol.
Epus. Oxon.
Epus. Exon.
Epus. St. David's.
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 Kent.
Comes Huntingdon.
Comes Bedford.
Comes Suff.
Comes Dorset.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Westmerland.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Peterborough.
Comes Thannet.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes St. Alban.
Comes Clarendon.
Comes Essex.
Comes Cardigan.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Shaftesbury.
Comes Guilford.
Comes Feversham.
Vicecomes Mountagu.
Vicecomes Halyfax.
Vicecomes Newport.
Ds. Mowbray.
Ds. Awdley.
Ds. Berkeley.
Ds. Ferrers.
Ds. De Grey.
Ds. Stourton.
Ds. Eure.
Ds. Wharton.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Tenham.
Ds. Grey de Wark.
Ds. Lovelace.
Ds. Pawlet.
Ds. Maynard.
Ds. Howard Esc.
Ds. Byron.
Ds. Carington.
Ds. Lucas.
Ds. Gerard de Brand.
Ds. Cornwallis.
Ds. Fretchevile.
Ds. Arundell T.
Ds. Butler M. P.

PRAYERS.

King present.

His Majesty, sitting in His Royal Throne, adorned with His Regal Crown and Ornaments (the Peers being likewise in their Robes), gave Command to the Gentleman Usher of the Black Rod, to let the House of Commons know, "That it is His Majesty's Pleasure, they attend Him presently."

The Commons being come, with their Speaker; His Majesty was pleased to make this Gracious Speech following:

His Majesty's Speech.

"My Lords and Gentlemen,

"I am so very sensible of the great and extraordinary Care you have already taken, and still continue to shew, for the Safety and Preservation of My Person, in these Times of Danger, that I could not satisfy Myself without coming hither on Purpose to give you all My most hearty Thanks for it.

"Nor do I think it enough to give you My Thanks only; but I hold Myself obliged to let you see withal, that I do as much study your Preservation too, as I can possibly; and that I am as ready to join with you in all the Ways and Means that may establish a firm Security of the Protestant Religion, as your own Hearts can wish.

"And this not only during My Time (of which, I am sure, you have no Fear), but in all future Ages, even to the End of the World.

"And therefore I am come to assure you, that whatsoever reasonable Bills you shall present, to be passed into Laws, to make you safe in the Reign of any Successor (so as they tend not to impeach the Right of Succession, nor the Descent of the Crown in the true Line, and so as they restrain not My Power, nor the just Rights of any Protestant Successor), shall find from Me a ready Concurrence.

"And I desire you withal to think of some more effectual Means for the Conviction of Popish Recusants; and to expedite your Councils as fast as you can, that the World may see our Unanimity, and that I may have the Opportunity of shewing you how ready I am to do any Thing that may give Comfort and Satisfaction to such dutiful and loyal Subjects."

Address for printing it.

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 His most Gracious Speech, made this Day to both Houses of Parliament in the House of Peers, may be printed and published."

Report of King's Answer to several Addresses.

The Lord Treasurer reported, "That the Lords with White Staves have attended His Majesty, with Four Addresses from this House:

The First, concerning some Letters of Mr. Coleman's to Mr. Lechees, and his Answer; which His Majesty will give Order shall be brought to this House so soon as may be.

"Also to the Desire in the same Address concerning the Lord Bellasise; His Majesty hath given Order that he shall be close Prisoner.

"As also concerning the expediting the Trial of the Lords and other Prisoners for Treason; His Majesty's Answer is, That as soon as the Papers to make out the Evidence, which are now in the House of Commons, can be had and methodised, the Trials shall be expedited.

"To the Second Address, for examining John Lambert; His Majesty hath given Order for it.

To the Third Address, concerning a Royal Pardon for Tytus Otes; His Majesty hath given Directions for it.

To the Fourth Address, concerning the Insecurity of The Tower; His Majesty intends to send Directions this Day about it."

Report concerning Search of Somerset House.

The Lord Gerard and the Lord Butler reported, "That, according to the Order of this House, they have searched all the Rooms in Somerset-house; and find no Jesuits, nor other suspicious Persons; nor any Arms, excepting a Case or Two of Pistols, which belong to Sir John Arundell and Mr. Bernard Howard.

"That they had seized some Papers, which they have put into the Guard Chamber.

"That, in searching Mr. Choquee's House, they have found several Chests of Cartridges, with some Powder belonging to them; which are put into the Hands of Captain Copley."

Who, being called in, gave the House an Account of Three Chests of Cartridges, laden with Powder of several Sorts, which are used in Fireworks on Solemnities.

Choquee examined and discharged.

Choquee was called in; and confessed, "He had in his House some Fireworks of his own making, some whereof had lain by him about Eighteen Years, which he designed to sell when there were Shews of Fireworks at any Solemnity; and he had Hope His Majesty would have bought them of him."

He further said, "That, about a Month ago, a Constable searching his House did see them, and, knowing for what Use he kept them, did let them alone; and that the Lord Craven knew he had such in his House, and so did several other Lords of this House know he had these Fireworks, to be used upon Days of Solemnities."

Upon which, the House discharged Captain Copley and Monsieur Choquec from any further Attendance concerning this Matter.

The Earl of Bridgwater, Earl of North'ton, and the Earl of Aylesbury, are added to the Committee for Examination of the Murder of Sir Edmond Bury Godfrey.

Message from H. C. with an Address for a Proclamation for Persons to surrender.

A Message was brought from the House of Commons, by Mr. Solicitor and others:

To acquaint their Lordships, that the House of Commous had prepared an Address to be presented to His Majesty; to which they desire their Lordships Concurrence.

The said Address was read.

The House being made acquainted, "That Thomas Bedingfeild, One of the Persons named in the said Address hath rendered himself;" the House omitted him; and added the Names of Le Fevre, Charles Walsh, and Pritchard.

Then the Address was read again, with the Addition and Amendment; and was Agreed to.

Address for Goring and Gage to have the Liberty of The Tower.

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 Sir John Gage and Sir William Goring, now close Prisoners in The Tower, may, for their Health Sake, enjoy the Liberty of The Tower, as other Prisoners usually have there."

Message to H. C. with the Address for a Proclamation.

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

To return the Address intended to be presented to His Majesty; and to let them know, that the Lords agree to the Address, with the Alteration and Addition, and desire their Concurrence thereunto.

Message from thence, with it.

A Message was brought from the House of Commons, by Sir Joseph Tredenbam and others:

To let their Lordships know, that the Commons agree to the Amendment and Alterations made by their Lordships in the Address; the Tenor of which Address is as followeth:

Address to the King, for a Proclamation for Conyers, Symonds, Walth, & al. to surrender themselves.

"Your Majesty's most loyal and dutiful Subjects, the Lords Spiritual and Temporal and Commons in Parliament assembled, do humbly beseech Your most Sacred Majesty, to issue out Your Royal Proclamation, That certain Persons, called George Conyers, Simonds, Charles Walsh, Le Fevre, Pritchard, and John Cattaway, who stand charged as Persons guilty of the damnable and hellish Plot for the Destruction of His Majesty's Royal Person, and the Subversion of the Government, and the Extirpation of the Protestant Religion, and are fled from Justice, that they cannot be proceeded against according to Law, do, by a Day certain after the Publication thereof, render themselves to some One or more of Your Majesty's Justices of the Peace, who are thereupon to commit the Party or Parties so rendering him or themselves to Your Majesty's Gaol of the County, or Place where he or they shall so render him or themselves, there to remain in safe Custody, and to give present Notice thereof to the Lord Chief Justice of Your Majesty's Court of King's Bench, in order to their receiving their legal Trial; willing and commanding therein all Lieutenants and Deputy Lieutenants, and all Justices of the Peace, Sheriffs, Constables, and other Your Majesty's Officers and loyal Subjects, to do their utmost Endeavour for the apprehending of the said Persons and every of them, and for their Imprisonments and safe Custody; and that it be inserted in the said Proclamation, That the Constables, Churchwardens, Headboroughs, Tithing-men, Bursholders, and other Parish Officers, in the Cities, Counties, Liberties, and Places, of this Your Majesty's Realm, and the Dominion of Wales and Town of Barwicke upon Tweed, do, with all possible Expedition, make diligent Search and Enquiry, in all Houses within their respective Parishes, Hamlets, and Villages, and there take an exact Account of the Names and Surnames of all such Persons as are Popish Recusants, or reputed so to be, as well Householders as Lodgers and Servants, and every of them; and to make up a present List of the Names and Surnames, Age and Quality, of all such Persons, being of the Age of Sixteen Years or upwards, and to deliver the same forthwith to One of the Justices of the Peace near adjoining, to send for the said Persons so listed and every of them, and to tender to them and every of them the Oaths of Allegiance and Supremacy; and, in case of Refusal, to enter into Recognizance, with Two or more Sureties, to appear at the next Sessions of the Peace, for such City, County or Liberty, or, in Default of enteringinto such Recognizance to commit them to the Common Gaol, there to remain under safe Custody until the next Quarter Sessions of the Peace; and then all such Persons so refusing, to be proceeded against according to Law; and that special Commissions be forthwith issued, under Your Majesty's Great Seal of England, authorizing the respective Justices of the Peace, or any Two or more of them, to administer the said Oaths; and that all the said Lieutenants and Deputy Lieutenants and Justices of the Peace, within their respective Jurisdictions, do proceed, without Delay, to difarm all such Persons as shall so refuse to take the said Oaths: And, for the better effecting thereof, and bringing to Justice the aforesaid Offenders, that Your Majesty would graciously be pleased to declare, that a Reward shall be given to such Person as shall discover any of the Arms of Popish Recusants, or Persons so reputed, and shall apprehend and bring before any Justice of the Peace any one of the said Offenders: And further, That all Your Majesty's Officers of, or belonging to, any of Your Sea Ports may be enjoined to take special Care for the apprehending of all Popish Priests, and other Persons, who they shall find any Cause to suspect, coming into or going out of this Your Realm; and to carry every such Person before some Justices of the Peace, who shall be required to tender to every of them the said Oaths; and, upon Refusal thereof, to commit the Person so refusing to the proper Prison of the Place; and to certify their Proceedings therein to Your Majesty's most Honourable Privy Council, from Time to Time, that such further Course may be taken, for the Safety of Your Majesty and the Government, as to Your Majesty's Wisdom shall be thought fit."

King to be attended by both Houses with it.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do wait on His Majesty, from this House, to know what Time His Majesty will be pleased to appoint for both Houses to attend Him, to present their humble Address agreed on this Day.

Disabling Papists from sitting in Parliament, &c. Bill.

The House was adjourned into a Committee, to take into Consideration the Bill for the more effectual Preservation of His Majesty's Person.

The House being resumed;

The Earl of Bridgwater reported, "That the Committee had spent much Time in the Debate of the First Enacting Clause of this Bill, and had not concluded any Thing upon it; therefore desire another Day."

And the House appointed Monday Morning next, for the continuing this Debate concerning the First Clause.

Message from H. C. for a Conference about Commissions not being issued.

A Message was brought from the House of Commons, by Mr. Waller and others:

To desire a Conference, concerning the not issuing out Commissions in Pursuance of the Proclamation against the Papists.

The Answer returned was:

Answer.

That this House will give a Conference, as is desired; and appoints the same to be on Monday Morning, in the Painted Chamber, at Ten of the Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, undecimum diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.

Hitherto examined, this 7th of December, 1678, by us,

J. Bridgewater.
P. Bath & Wells.
Tho. Exon.
Byron.
Vaughan Carbery.