DIE Lunæ, 11 die Novembris.
Domini tam Spirituales quam Temporales Præsentes
|His Royal Highness the Duke of Yorke.
Epus. Bath & Wells.
Epus. St. David's.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Comes St. Alban.
Ds. De Grey.
Ds. North & Grey.
Ds. Grey de W.
Ds. Howard Esc.
Ds. Gerard B.
Ds. Arundell T.
Ds. Butler M. P.
Commissions to Justices, to tender Oaths to Papists.
The Lord Chancellor desired their Lordships Directions, concerning the issuing out of the Commissions to
Justices of Peace, for administering the Oaths unto Papists, in Pursuance to the Proclamation.
"To that End (he said), he had caused to be prepared
Six Commissions in general Terms, and Six Commissions with the Limitations directed by this House."
The several Forms of the Commissions being read,
and considered of; the House directed the Lord Chancellor to seal the general Commissions without the Limitations, they being most agreeable to Law.
Hereupon the Lord Chancellor withdrew, and sealed
the general Commissions accordingly.
The Lord Chancellor acquainted the House, "That
His Majesty hath been informed, by an Officer of the
Guards, that William Bedloe hath somewhat to inform
their Lordships, of very great Importance."
Hereupon the House was willing to hear him.
Bedloe to be examined by Lords Committees.
The said William Bedloc was called in, and heard what
he could say concerning the further Discovery of the
horrid Design against His Majesty's Person.
And, after he had been heard, it is ORDERED, That
the said William Bedloe shall attend the Lords Committees
appointed to examine Witnesses concerning the Murder
of Sir Edmond Bury Godfrey; whose Lordships are to examine him, and receive from him such further Additions
as he shall give under his Hand to his former Examinations, and make Report thereof to the House.
Cartridges in Choquee's House to be tried.
Lords Committees appointed to inspect the Cartridges
which were found in Monsieur Choquce's House in
The Savoy; and to be satisfied of the Numbers of
them; and to try them, whether they are adapted
only for Fireworks, or may be used to dangerous
Designs: And have Power to send for what Persons they think fit, to give them the best Information concerning them, or the Nature of them:
E. of Salisbury.
E. of Strafford.
L. Arundell T.
L. Butler de M. Parke.
These Lords, or Three of them; to meet when and
where they please.
Report when the King will be attended with the Address.
The Lord Treasurer reported, "That the Lords with
the White Staves have waited on His Majesty, to know
what Time His Majesty will please to appoint for both
Houses to wait upon Him, to present the humble Address of both Houses, for issuing out a Proclamation
for apprehending several Priests and Jesuits; and His
Majesty hath appointed this Afternoon, at Three of
the Clock, in the Banqueting House at Whitehall, for
Message to H. C. to acquaint them with it.
A Message was sent to the House of Commons, by Sir
Tymothy Baldwin and Sir Samuell Clerke:
To let them know, that His Majesty hath appointed
both Houses to attend Him this Afternoon, at Three of
the Clock, in the Banqueting House in Whitehall, to
receive their Address.
Conference concerning Commissions to Justices of Peace, to tender Oaths to Papists.
Notice being given, that the House of Commons are
ready in the Painted Chamber, for the Conference:
The Lord Chancellor,
Lord Privy Seal,
E. Bridgwater, and
E. of Guilford,
Were appointed Reporters of this Conference.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Report of it.
Then the Lord Chancellor reported the Effect of this
Conference; which was managed by Mr. Powle; who
"That, upon Examination of the Clerk of the
Crown, touching the Neglect in issuing out of Commissions to the Justices of the Peace, pursuant to His
Majesty's late Royal Proclamation, and the Address
of both Houses, for administering the Oaths of Allegiance and Supremacy to Popish Recusants and Persons suspected so to be; and the Clerk of the Crown
having informed the House of Commons, that a
Draught of such Commissions was prepared by the
Attorney General, and engrossed by the said Clerk of
the Crown, and by him tendered last Thursday Morning
to be sealed by the Lord Chancellor; and that nevertheless the said Commissions, neither then, nor at any
Time since, to the Time of his Examination on Saturday last at Five a Clock in the Afternoon, were
or have been sealed: And the House of Commons
being very sensible of the great Danger that may
ensue to His Majesty and this Kingdom by such
Delay, and his Lordship being a Member of your
House, have thought it fit to represent it to your
Lordships; desiring that your Lordships will speedily
enquire into the Reason of this great Neglect, and
Contempt of His Majesty's said Proclamation; and do
therein as to Justice shall appertain."
Heads for another Conference on this Subject.
The House then ORDERED, To have a Conference
And the Lord Chancellor to give them a fair
Account of the Matter; which was, "To tell them,
The Lords are well pleased with the Representation
made by the Commons at the last Conference; and
think it a Zeal well becoming the House of Commons,
to take Care that we may not be defeated of the
Fruit of the late Proclamation by the Default of
any Man, whoever he be.
"But my Lords do not think that any Time hath been
yet lost, or had been gained if the Commissions had
issued out sooner; because there could have been no
Execution of them until the Constables return the
Names of the several Popish Recusants residing within
their respective Limits, which are not yet ready in
"Nevertheless, the Lords do not think it to be Satisfaction enough to the House of Commons, to shew
there hath been no Negligence in this Matter; but
they have commanded me to shew you further, that
there hath been very great Diligence used in it.
"For, when Commissions were preparing in general Terms, the Lords had it under Consideration,
what Exceptions were fit to be added to the Commissions, to limit and restrain the Justices of Peace from
administering the Oaths improperly and unnecessarily.
"As for Example: The Peers are exempted by the
Statute of 5to
Eliz. from taking the Oath of Supremacy. Foreigners are exempted from taking those
Oaths, which the Statutes impose only upon natural
Subjects; and it might be convenient that Justices of
Peace might be kept from mistaking the Law, by
the very Exception in the Body of their Commission.
"Furthermore, it was thought very severe by the
Lords, that such whom Age and Infirmity disables
to go out of Town, should therefore be obliged to
take the Oath of Supremacy, or else depart, though
with Hazard of their Lives.
"And since that Six Lords of the Council are
trusted with giving Licenses, upon prudential Considerations, and that the Chancellor, Treasurer, or
One of the Secretaries, are to be One of the Six, to
give Licenses; it was also thought very severe, that
Persons so licensed should be forced to take the
Oaths; and therefore my Lords thought fit, that
these Points should be all provided for by special Exception in the Commissions.
"This is the Reason why the Commissions were delayed, to the End they might be fitted according to
these Directions; and therefore the Clerk of the
Crown told you true, that the Commissions were prepared by Mr. Attorney, and carried to the Seal, and
were refused to be sealed, though he knew it only
by hearsay: But, if he had attended in Court that
Day, he might have been better enabled to tell you
the whole Truth; which is this, That, as the Commissions were going to be sealed, Mr. Attorney, who
sat by the Place where the Great Seal was working,
stopt them from being sealed, because they were to
be amended; with which I being acquainted, caused
the Sealing to be stayed.
"And now, this Morning, the several Forms of
Commissions being prepared, and the Lords made acquainted with it, their Lordships, upon further Debate, considering that the Proclamation issued out by
the joint Address of both Houses did not think it
convenient to make any Restrictions or Qualifications
of the Commissions by Advice of One House only;
and therefore, how severely soever it may light upon
some particular Persons and Cases, yet their Lordships, to preserve a good Correspondence between
the Houses, which they infinitely desire to cherish,
have resolved to take away all Occasion of Jealousies
or Debates, and that therefore Commissions shall issue
in general Terms, which are all sealed this Morning
accordingly. And so my Lords hope you have now
your full Satisfaction."
Message to H. C. for it.
A Message was sent to the House of Commons, by
Sir Tymothy Baldwin and Sir Samuell Clarke:
To desire a present Conference, in the Painted
Chamber, concerning the Matter of the last Conference.
The Messengers return with this Answer:
That the House of Commons will give a Conference,
as is desired.
Then the House was adjourned during Pleasure, and
the Lords went to the Conference; which being ended,
the House was resumed.
Papers concerning the Plot, delivered by the King, pursuant to Address.
The Lord Chancellor acquainted the House, "That
His Majesty hath delivered to him those Papers
which their Lordships desired in their Address might
be communicated to them:
"1. Mr. Coleman's Letter to Monsieur Le Chese,
Confessor to the French King, dated 29 September,
"2. Another Letter of Coleman's to Le Chese, written immediately after that of the 29 of September,
"3. A Letter of Le Chese, of 23 of October, 1675,
acknowledging the Receipt of Coleman's long Letter."
These Letters were read.
And, after a long Debate concerning the agreeing
with the House of Commons in the Address to His
Majesty for the Printing of these Letters; (fn. *)
This Alteration was made, this 7th of Decemb. 1678, in the Presence of us,
The Question being put;
It was Resolved in the Negative.
Message from H. C. to remind the Lords of the Bill to disable Papists from sitting in Parliament.
A Message was brought from the House of Commons,
by Serjeant Maynard and others:
To put their Lordships in Mind of the Bill for the
more effectual Preservation of the King's Person and
Government, by disabling Papists from sitting in either
House of Parliament; which they conceive is so effectual
for the Good of the Kingdom.
King to be moved, for Plessington, L. Bellasis' Servant, to be released.
The House of Peers being satisfied, by a Report made
from the Committee before whom William Bedloe was
examined, "That Thomas Plessington, a Servant of the
Lord Bellasis, now a Prisoner in The Gatehouse, being
brought Face to Face with William Bedloe, before
their Lordships; he declared, That the said Thomas
Plessington was not One of the Persons that murdered
Sir Edmond Bury Godfrey:"
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 graciously pleased to give Order for the Discharge
of the said Thomas Plessington from the Restraint he is
under upon that Account."
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, 12um diem
instantis Novembris, hora decima Aurora, Dominis sic