House of Lords Journal Volume 13
20 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: 20 November 1678', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 364-366. URL: http://british-history.ac.uk/report.aspx?compid=11607 Date accessed: 22 September 2014.


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DIE Mercurii, 20 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

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

PRAYERS.

Bill of Attainder of Conyers & al.

Hodie 2a vice lecta est Billa, "An Act requiring the Persons therein named to render themselves to Justice, and, in Default thereof, to attaint them of High Treason."

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

L. Privy Seal.
Dux Monmouth.
Marq. Winton.
Marq. Worcester.
Comes Huntingdon.
Comes Bedford.
Comes Suff.
Comes Salisbury.
Comes Bridgwater.
Comes Peterborough.
Comes Clarendon.
Comes Essex.
Comes Guilford.
Vicecomes Newport.
Epus. Durham.
Epus. Sarum.
Epus. Rochester.
Epus. Bath & Wells.
Ds. Ferrers.
Ds. Maynard.

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.

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

The Earl of Bridgwater reported, "That the Committee of the whole House have spent many Days in Consideration of the Bill for the more effectual preserving of His Majesty's Person and Kingdom; where in the Committee have made several Alterations. And his Lordship shewed the Grounds and Reasons there of, which were offered to the Consideration of the House.

"The Amendments were Twice read, as followeth:

"1. Skin, 21 L. Leave out from ["Right"] to ["shall"] in the 32 L.; and read ["every Person that now is, or hereafter shall be, a Peer of this Realm, or Member of the House of Peers; and every Person that now is, or hereafter shall be, a Member of the House of Commons"].

"33 L. Leave out the Word ["First"].

"2d Skin, 25 L. After ["Beginning"], add ["And that, from and after the said First Day of December, no Person that now is, or hereafter shall be, a Peer of this Realm, or Member of the House of Peers, shall vote or make his Proxy in the House of Peers, or sit there during any Debate in the said House of Peers, until such Peer or Member of the House of Peers shall first take the said several Oaths; nor any Person that now is, or hereafter shall be, a Member of the said House of Commons, shall vote in the said House of Commons, or sit there during any Debate in the said House of Commons, after their Speaker is chosen, until such Member shall, from Time to Time respectively, and in the Manner following, take the said several Oaths, and make, subscribe, and audibly repeat, the Declaration aforesaid."]

"32 L. Leave out ["before he take his Place in the said House of Peers"].

"4 Skin, 14 L. Leave out ["and shall be disabled from thenceforth to fit or vote in either House of Parliament, or make a Proxy in the House of Peers"].

"21 L. Instead of ["Administror"], read [Administrator"].

"30 L. After ["lye"], add ["and every Person that now is, or that hereafter shall be, a Member of the House of Commons, so offending, shall be disabled from thenceforth to fit or vote in the House of Commons"].

"5 Skin, 7 and 8 L. Leave out ["and subscribing the said Declaration"].

"15 L. After ["Parliament"], add ["Provided, That nothing in this Act contained shall be deemed, construed, or taken, to seclude or restrain any Peer, or Member of the House of Peers, who shall take the said Oaths of Supremacy and Allegiance, from sitting, or voting, or making his Proxy, in the said House of Peers; nor shall any such Peer, or Member of the said House of Peers, as shall refuse to take the said Oaths of Supremacy and Allegiance, or either of them, incur any other Penalty, Forfeiture, or Disability, than such as are expressly and particularly by this present Act inflicted and imposed; any Thing in this Act contained to the contrary in any Wise not withstanding."]

"7 Skin, 4 L. After ["now is"], read ["or here after shall be"].

"5 L. After ["Majesty"], add ["nor to such Servants of the Queen as Her Majesty shall, under Her Hand and Seal, from Time to Time, for that Purpose think fit to nominate, the Persons so nominated not at any one Time exceeding the Number of Nine of her Women Servants, and the Number of Twelve of Her Men Servants; nor to such Persons as are, or shall be, Servants attending upon her Royal Highness the Dutchess of Yorke, being Italians by Birth; nor to such Servants of her said Royal Highness as the, under her Hand and Seal, shall from Time to Time for that Purpose nominate, the Persons so nominated, Men or Women, not exceeding Ten in Number at any one Time: And be it further enacted, by the Authority aforesaid, That no Person to be nominated for the future, being a Popish Recusant, shall be capable of serving the Queen's Majesty, in the Places of Chamberlain or Master of the Horse to Her Majesty, other than the present Master of the Horse; but from thenceforth such Person shall be utterly disabled from serving Her Majesty in the said Places, or either of them."]

Upon Debate of these Amendments;

The Question being put, "Whether to agree with the Committee in the Amendments of the First Paragraph?"

It was Resolved in the Negative.

Then the rest of the Amendments were read; and those Amendments which have any Relation to the Amendments in the First Paragraph were not Agreed to.

The Word ["Administrator"] for ["Administror"], Agreed to.

The Amendments concerning the Queen's and the Dutchess of Yorke's Servants, are Agreed to.

After this, a Proviso was offered to the House, to be added to this Bill; which was read Twice, (videlicet,)

"Provided always, That nothing in this Act contained shall extend to his Royal Highness the Duke of Yorke."

And, after Debate,

This Question was proposed, "Whether this Proviso, read Twice, shall be made a Part of the Bill?"

Then this previous Question was put, "Whether this Question shall be now put?"

It was Resolved in the Affirmative.

Then the main Question was put, "Whether this Proviso, read Twice, shall be made a Part of this Bill?"

It was Resolved in the Affirmative.

Hodie 3a vice lecta est Billa, "An Act for the more effectual preserving of the King's Person and Government, by disabling Papists from sitting in either House of Parliament."

The Question being put, "Whether this Bill, with the Amendments and Proviso now read, shall pass?"

It was Resolved in the Affirmative.

Protess against it.

Dissentientibus,

"James.
"Audley. Cardigan.
"Howard E. of Bercks.
"Norfolke & Marshall.
"Hunsdon.
"Stowrton.
"Teynham."

Capt. Douglas, Leave to go to Flanders.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Captain Archibald Douglas be, and is hereby, authorized and permitted forthwith to pass hence, on his direct Way to Flanders, without the Lett, Stay, or Interruption of him in his Journey and Passage thither, by any Person or Persons whatsoever; and this shall be a sufficient Warrant on that Behalf.

Lady Dunbar, Leave to come to Town.

The House being moved, "That the Lady Dunbar, being at present out of Town very sick, and in Want of necessary Advice and Help, may be permitted to come and stay in Town, for the Recovery of her Health:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lady Dunbar be, and is hereby, authorized and permitted to come to London or Westminster, and abide there during the Time of her present Sickness, but no longer.

Le Lievre to be attached.

Upon Report from the Lords Committees for examining Persons in order to the Discovery of the horrid Design against His Majesty's Person and Government, "That Le Lieure (for the apprehending of whom a Warrant hath been issued by the Lord Privy Seal and Marquis of Winchester) resideth in His Majesty's Royal Palace at St. James's, so that the Warrant cannot be executed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chamberlain of His Majesty's Household do attend His Majesty, humbly to desire Him, from this House, "That His Majesty will be pleased to give Order, that the said Le Lieure may be brought before the said Lords Committees."

Ly. Howard, Privilege.

Upon reading the Petition of the Lady Joane Howard, Relict of Thomas Lord Howard of Esc. deceased; complaining, "That John Whitehouse, her menial Servant, is arrested, by one Thomas Loupton, an Officer of One of The Compters in London, and detained in Prison, at the Suit of Barnaby Tunstall and Thomas Tunstall, sitting the Parliament, contrary to the Privilege of Parliament due to her, and claimed by her:"

Tunstalls sent for, for arresting Whitehouse, her Servant.

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Barnaby Tunstall, Thomas Tunstall, and Thomas Loup ton, be, and are hereby, required to appear at the Bar of this House, to answer to the said Complaint, To- morrow, at Ten of the Clock in the Forenoon; and hereof they may not fail.

Bedloe to have a better Lodging.

The Marquis of Winton acquainted the House, "That Mr. Bedloe had informed the Committee for examin ing of Papers, that the Place where he is lodged in Whitehall is under Ground, and damp, which is a great Prejudice to his Health; therefore desires he may be accommodated with a better Lodging:"

The Lord Chamberlain of His Majesty's House hold told the House, "He will use the best Care he can, to provide a better Chamber for him."

Message from H. C. with the following Address.

A Message was brought from the House of Commons, by Sir Francis Rolles and others:

That the Commons have prepared an Address to be presented, wherein the Commons desire their Lordships Concurrence.

Address for a Reward for those who shall make Discoveries concerning the Plot.

The said Address was read, as followeth:

"May it please Your Majesty,

"We, Your Majesty's most loyal and most dutiful Subjects, the, and the Commons, in Parliament assembled, cannot sufficiently admire Your Majesty's Love of Justice, and Care of Your People, which hath moved Your Royal Heart to propose a Pardon and Reward to such as shall reveal the Murderers of Sir Edmond Bury Godfrey; whilst no Encouragement is given unto such as shall make a further Discovery of the Persons designing against Your Majesty's own Life (which we beseech God long to preserve): And therefore we humbly beseech Your Majesty, so far to consider Your own Safety, the Preservation of the Protestant Religion, and Safety of Your People, which so much depend upon it, as to issue out Your Proclamation, whereby some sitting Encouragement may be given to any who shall do so important a Service, that so Men of such wicked Principles may be discouraged from the like Attempts for the future."

The Answer returned was:

Answer to H. C.

That the Lords have read the Address now brought up, and like it well; but, before they received this, presented an Address to His Majesty of the like Nature as this is; which His Majesty hath granted: And a Proclamation is in the Press, and will be speedily published.

Message to them, with the Bill for disabling Papists from sitting in Parliament, &c.

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

To return the Bill for the more effectual preserving the Person of His Majesty, &c. and to let them know, that the Lords do agree to the said Bill, with the Amendments and Proviso, to which their Concurrence is desired.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 21um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.