House of Lords Journal Volume 13
28 November 1678

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1767-1830

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'House of Lords Journal Volume 13: 28 November 1678', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 385-387. URL: http://british-history.ac.uk/report.aspx?compid=11614 Date accessed: 29 July 2014.


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DIE Jovis, 28 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Rochester.
Epus. Ely.
Epus. Bristol.
Epus. Bath & Wells.
Epus. Chester.
Epus. Bangor.
Epus. Lyncolne.
Epus. Oxon.
Epus. Exon.
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 Oxon.
Comes Kent.
Comes Huntingdon.
Comes Bedford.
Comes Suff.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Clare.
Comes Westm'land.
Comes Manchester.
Comes Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes St. Albans.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Shaftesbury.
Comes Guilford.
Comes Feversham.
Vicecomes Mountagu.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Newport.
Ds. Mowbray.
Ds. Awdley.
Ds. Berkeley.
Ds. Ferrers.
Ds. De Grey.
Ds. Stourton.
Ds. Eure.
Ds. Wharton.
Ds. Pagett.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Tenham.
Ds. Brooke.
Ds. Grey W.
Ds. Maynard.
Ds. Howard Esc.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Astley.
Ds. Rockingham.
Ds. Wotton.
Ds. Cornwallis.
Ds. Freschevile.
Ds. Arundell T.
Ds. Butler M. P.

PRAYERS.

The Earl of Clarendon and the Lord Ferrers are added to the Committee for Examinations.

For Conviction of Papists, Bill.

Hodie 3a vice lecta est Billa, "An Act for the better Discovery and more speedy Conviction of Papists."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

To deliver them the Bill for the better Discovery and more speedy Conviction of Papists, and desire their Concurrence thereunto.

The Lord Treasurer reported, "That the Lords with White Staves have acquainted His Majesty, that both Houses have passed Two Bills ready for His Royal Assent."

Report concerning Oates' Restraint, &c.

The Earl of Essex reported an Information given to the Committee for Examinations by Mr. Otes, which was read; (videlicet,)

"The Lord Marquis of Winchester acquainted the Committee, That, being in the Court of King's Bench at Mr. Coleman's Trial, and happening to stand near Mr. Otes, his Lordship asked him these Two Questions:

"1. Whether his Papers were restored?

"2. Whether he was under Restraint?

"To which he answered, That he had his Papers returned to him; but he was under Restraint. And desired his Lordship, that he would be pleased to acquaint the Committee, that he had something material to say to them. Of all which the Lord Marquis informed the Committee: And their Lordships thereupon sent for him; who confirmed all this upon Oath; and upon the same Oath declared, That the Lord Marquis then asked those and no other Questions of him. And further faith, That he believes all his Papers are returned unto him. And as to his Restraint, that both his own Servants were put away; that he is permitted to speak with nobody, not so much as his own Father, unless a Clerk of the Council be by, to hear what they say; that he is permitted to write no Letters nor Billets to any one, nor to receive any Letters, but what the King shall first see: That Mr. Ward, coming to see him, had his Pockets search'd, and his Papers taken forth; and his own Servants Pockets were search'd, and put from him, and the Key of his Chamber taken from his Servant: That, on the last Fast-day, he desired to speak with the King privately; but His Majesty was pleased to command him to do it before the Two Secretaries; and that then he did decline to make a perfect Narrative, because Secretary Williamson was present: That, some Time after, Mrs. Elliott came to him, to let him know, "that the King would speak privately with him;" and accordingly he attended the King on Sunday last, Mr. Secretary Coventry being present; where he made a full Narrative in Writing: Mr. Secretary Coventry then gave him his Oath to the Truth of the same.

"That Mr. Otes desired the Committee, that they would be pleased to move the Lords House, That he may be freed from his Restraint at Whitehall, and from his being in that Place, and have the like Liberty of other His Majesty's Subjects; he giving such Security as the Law requires, for the Prosecution of his Evidence.

"That he further desires some Supply of Money, in regard he was out of Purse about Fourscore Pounds on his own Account, about this Business, since the 11th of August last.

"That there hath been but One Hundred and Twenty Pounds as yet paid to him; and that he is at present in great Want.

"That he desireth a Copy of his Depositions, which he gave in to the Council on Monday, and signed on Tuesday last.

"That he desireth his Pardon may be renewed to this Day."

After some Debate, it is ORDERED, That this Debate is adjourned to the Afternoon.

Message from H. C. to sit P. M.

A Message was brought from the House of Commons, by the Lord Cavendish:

To let their Lordships know, that the House of Commons intends to fit this Afternoon, upon Matters highly concerning the King's Majesty and His Government; and they desire their Lordships would fit likewise.

The Answer returned is:

Answer.

That this House will sit this Afternoon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quarta, Dominis sic decernentibus.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Rochester.
Epus. Bath & Wells.
Epus. Chester.
Epus. Bangor.
Epus. Oxon.
Epus. Exon.
Dux Cumberland.
Ds. Cancellarius.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
L. Chamberlain.
Comes Oxon.
Comes Huntingdon.
Comes Bedford.
Comes Suff.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Clare.
Comes Westmerland.
Comes Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes St. Albans.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
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. Paget.
Ds. North & Grey.
Ds. Brooke.
Ds. Grey de W.
Ds. Pawlett.
Ds. Maynard.
Ds. Howard Esc.
Ds. Herbert Cherb.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Astley.
Ds. Lucas.
Ds. Gerard.
Ds. Wotton.
Ds. Cornwallis.
Ds. Freschevile.
Ds. Arundell T.
Ds. Butler M. P.

PRAYERS.

The Earl of Huntingdon, the Earl of North'ton, and the Lord Berkeley, are added to the Committee for Examinations.

Debate concerning Oates.

The House resumed the Debate concerning Mr. Otes.

Marquis Winton and E Clarandon, Dispute.

The Earl of Clarendon, being speaking in the Debate the House was in concerning Tytus Otes, took Notice,

That the Marquis of Winchester said, "He lyes; he lyes."

Of which Words, the House requiring the Marquis of Winton to give an Account;

The Marquis of Winton denies not the Words; but begs the Pardon of the House, that he was talking of other Things while the House was in Debate: And said; "He did not intend the Words against the Earl of Clarendon; and if he have offended the House, he is sorry for it, and begs Pardon for it."

ORDERED, That the Marquis of Winton and the Earl of Clarendon do not go out of the House, until the House be adjourned.

Message from H. C. for a Conference about the the Safety of the King and Government.

A Message was brought from the House of Commons; by Mr. Thynn and others:

To desire a Conference, about Matters concerning the Safety of the King's Person and His Government.

The Answer returned was:

Answer.

That the Lords will give a Conference as is desired; and appoint the same to be presently, in the Painted Chamber.

The Lord Chancellor,
The Lord Treasurer,
Lord Privy Seal,
Duke of Bucks,
Marq. of Winton,
E. of Huntingdon,
E. of Bridgwater,
E. of Aylesbury,
E. of Essex,
E. of Shaftesbury,
Lord Berkeley, and
Lord Grey of Wark:

Are appointed Reporters of this Conference.

Marq. of Winton and E. Clarendon, Injunction.

The House laid the Commands of the House upon the Lord Marquis of Winton and the Earl of Clarendon, not to resent any Thing further concerning the Business which happened this Day.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference.

The Lord Chancellor reported the Effect of the Conference:

"That, upon hearing the Testimony of Mr. Otes and William Bedloe, they are in an Amazement, when they consider in what Danger the Person of the King is, and His Government; whereupon they have prepared an Address to be presented to His Majesty, to which they desire their Lordships Concurrence."

The said Address was read, and ordered to be taken into Consideration To-morrow Morning.

Oates and Bedloe to attend.

ORDERED, That Tytes Otes and William Bedloe do attend this House To-morrow, at Nine of the Clock in the Forenoon.

Depositions concerning the Queen, to be laid before the House.

ORDERED, That the Clerk of His Majesty's Privy Council, in whose Custody the Depositions lately taken at the Council Board are, which concern the Queen's Majesty, be, and is hereby, appointed to bring the said Depositions before this House To-morrow, at Nine of the Clock in the Forenoon.

Judges to attend.

ORDERED, That all the Judges be present in this House To-morrow, at Nine of the Clock in the Forenoon.

E. Pembroke and Dorset Consinement taken off.

This House being moved, by the Duke of Bucks, on Behalf of the Earl of Pembrook and the Earl of Dorset, now under Consinement by Order of this House, by reason of some Difference between them, occasioned by the Earl of Pembrook, who remembereth not what he did say or do to the Earl of Dorset on Monday Night last, but is very sorry for the Provocation then offered, and prays that he may be discharged from the Confinement he lies under, and have Leave to retire to his House at Wilton:

The Earl of Dorset also declaring that he is satisfied concerning this Matter; and prays, that he may be no longer under Confinement:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Confinement the Earl of Dorset is under be taken off; and also the Consinement under which the Earl of Pembrooke is, who hath hereby Leave given him to retire himself to his House at Wilton.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 29um diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.

Hitherto examined, this 10th of December, 1678, post meridiem, by us,

Huntingdon.

J. Bridgewater.

Tho. Exon.

Vaughan Carbery.