DIE Sabbati, 30 die Novembris.
Domini tam Spirituales quam Temporales præsentes
|His Royal Highness the Duke of Yorke.|
Epus. Bath & Wells.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
L. Great Chamberlain.
Comes (fn. *)
Comes St. Albans.
Ds. de Grey.
Ds. North & Grey.
Ds. Grey de W.
Ds. Howard Esc.
Ds. Gerard B.
Ds. Arundell T.
Ds. Butler M. P.
His Majesty, sitting in His Royal Throne, adorned
with His Regal Crown and Ornaments (the Peers likewise being in their Robes), commanded the Gentleman
Usher of the Black Rod to signify His Majesty's Pleasure to the House of Commons, "That they attend
The Commons being come, with their Speaker, the
Clerk of the Crown read the Titles of these Two
Bills; and the Clerk of the Parliaments pronounced
His Majesty's Pleasure concerning them:
"1. An Act for the more effectual preserving of
the King's Person and Government, by disabling
Papists from sitting in either House of Parliament."
"Le Roy le veult."
Royal Assent refused to the Militia Bill.
"2. An Act for preserving the Peace of the Kingdom by raising the Militia, and continuing them in
Duty for Two and Forty Days."
After this, His Majesty made a short Speech, to this
He told the Lords and Commons, "That He did not
refuse to pass this Act for the Dislike of the Matter,
but the Manner, because it puts out of His Power
the Militia for so many Days. If it had been but
for Half an Hour, He would not have consented to
it, because of the ill Consequences it may have
hereafter, the Militia being wholly in the Crown;
and so far as He is enabled by Law to raise the Militia, if they will enable Him with Money to pay
them, He shall employ such of them as He thinks
fit, and are necessary for the Safety of Himself and
His Majesty said, "He hath passed the other Bill,
which is of very great Importance, of which there
may be ill Consequences hereafter. But He was
willing to oblige them who have thought it fitting
at this Time; and hopes that they will be careful to
give Him all due Satisfaction for the future."
D. of Norfolk's Intimation to the House, concerning their taking the Oaths.
This Day the Lord Chancellor, by Intimation from
the Duke of Norfolke, acquainted the House with a
Doubt that was conceived in Law, "That, if there
were not an immediate Proceeding to take the Oaths
and Declaration prescribed in the Act, intituled, "An
Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting
in either House of Parliament," it would be questionable whether there would be a House of Peers
on Monday, to supply that Defect."
And though the Lords were of Opinion, that it was
not of absolute Necessity so to do; and that there would
be no Danger of dissolving the House by omitting it;
yet, nevertheless, for avoiding all Scruples and Objections that might otherwise be made, some of their Lordships did immediately take the said Oaths, and make
and subscribe the Declaration, with Resolution to repeat the same on Monday.
Which being done; the House was moved, "To take
Notice of the good Service of the Duke of Norfolke
herein, before his withdrawing:" Which their Lordships took very well from him; and ORDERED, That
a Memorial thereof be entered in the Journal of this
House for the Honour of his Grace.
Lords take the Oaths.
Then these Lords following did take the Oaths, and
make and subscribe the Declaration, in Pursuance
of the Act for the more effectual preserving the
King's Person and Government, by disabling Papists from sitting in either House of Parliament:
Dux of Cumberland.
L. Privy Seal.
Dux of Monmouth.
Marq. of Worcester.
E. of Huntingdon.
E. of Suffolke.
E. of Salisbury.
E. of Bridgwater.
E. of Mulgrave.
E. of Peterborough.
E. of Scarsdale.
E. of St. Alban.
E. of Essex.
E. of Bath.
E. of Craven.
E. of Aylesbury.
E. of Guilford.
E. of Feversham.
Ds. Arundell Trerise.
L. Awdley recommended to the King:
The Lord Awdley, a Member of this House, taking
his Leave of their Lordships, and expressing his great
Duty to His Majesty, and the Welfare and Peace of
this Kingdom, to the great Satisfaction of the whole
House; the House commanded the Lord Chancellor to
recommend the Lord Awdley, from this House, to His
Majesty for His Favour and Grace, considering his ancient Descent, and the great Actions done by his Ancestors in France in former Times, and the small Estate
and Fortune left to his Family by reason of his Fortune spent in that Service by his Ancestors.
Leave given him to travel.
ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That the Lord Awdley be, and
is hereby, authorized and permitted to travel freely,
with Mathieu Massar, Louis de Peire, and Pierre de
Brunker, and Henry Le Mar and his Wife, his Lordship's Servants, to any of His Majesty's Sea Ports in this
Kingdom, and from thence to pass freely to Flanders
without the Lett, Stay, or Interruption, of any Person
whatsoever; and this shall be a sufficient Warrant on
Sir Ellis Leighton in Newgate, Leave for his Friends to visit him.
Upon reading the Petition of Sir Ellis Leighton
Knight, Prisoner in Newgate, representing his ill Condition of Health, and that he is restrained from Friends
and necessary Attendants; and praying, that he may
have Pen, Ink and Paper, and Access of Friends, and
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Ellis Leighton
shall and may, during his present Sickness, have (besides
those Persons already allowed to come to him by His
Majesty's Order) the Attendance of a Servant, and the
Use of Pen, Ink and Paper, for making of his Will
and other Settlements; and this shall be a sufficient
Warrant on that Behalf.
To the Keeper of Newgate, his Deputy
and Deputies, and every of them.
Pugh, a Priest, apprehended.
This Interlineation and Amendments were made; this 16th of December, 1678, in the Presence of us,
P. Bath & Wells.
The Lord Chancellor acquainted the House,
"That there is one [ (fn. *)
Rob't] Pugh, a Romish Priest, apprehended in Wales; [and
that the Lord Archbishop of Cant. had
delivered to him] a Faculty, sent [to the
said Pugh] from Rome by Cardinal Barbarino in the Year 1650, being of the
same Tenor of that found amongst Ireland's Papers."
Which the House ordered should be safely
kept, to be made Use of at the Trial of the
said Pugh, as Evidence of his being a
Proceedings in Worcestershire, concerning the Plot.
A Letter, written to the Lord Windsor, from Sir
John Packington, was read; giving him an Account what
Course is taken in Worcestershire against the Papists.
The Earl of North'ton communicated a Letter and
an Examination out of Warwickshire; giving an Account
of Affairs there.
Address concerning the Militia.
ORDERED, That the Lords with White Staves do
attend His Majesty, humbly to desire Him, from this
House, "That, so far as the Militia of this Kingdom
may be employed by Law, His Majesty will be
pleased to improve it, for the Security of His Majesty and this Kingdom."
A suspicious Person, taken at Gargrave, to be examined, and Papers sent up.
Upon Information given to this House, "That a
Person was taken at Gargrave, in Craven, on Wednesday the 12th Instant, with whom were found
many Letters to be delivered to one Mr. Standish;
which Person was examined by Mr. Marsden, a
Justice of the Peace:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mr.
Marsden be, and is hereby, authorized and required to
peruse the said Letters, and to send such of them to
the Clerk of the Parliaments as are in Characters or
Cyphers, if any such be, or relate to any Design
against His Majesty, or the Subversion of the Government, or the Protestant Religion.
Lloyd, a Priest, taken at Penline, to be tried at Glamorgan.
Upon Information given to this House, by the Marquis of Worcester, "That Lloyd, a Popish
Priest, was lately apprehended, in Penline Castle,
in the County of Glamorgan; and stands now committed to the Common Gaol of the said County:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lloyd shall
remain in the said Goal, in order to his being tried
at the Assizes for the said County, according to the
Laws of this Kingdom.
Dom. Gratiano to be sent up from Bristol.
Upon reading the Deposition of Dominico Gratiano,
now Prisoner in Newgate in the City of Bristol (at
the Suit of Josephus Georgerine, who stiles himself a
Grecian Bishop), sworn to before Ralph Olliffe, Alderman of the said City, on the 26th Instant, concerning
Words uttered by the said Josephus Georgerine:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Sheriffs of the
County and City of Bristol be, and are hereby, required to take special Care, and give Order, that the
said Dominico Gratiano may be forthwith sent up from
the City of Bristol, in Safety, to attend the House of
Peers; and this shall be a sufficient Warrant on that
To the Sheriffs of the County and City of
Bristol, and to the Keeper of Newgate
there, and all other Persons concerned.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, secundum
diem Decembris, 1678, hora decima Aurora, Dominis