House of Lords Journal Volume 13
2 December 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: 2 December 1678', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 395-397. URL: http://british-history.ac.uk/report.aspx?compid=11617 Date accessed: 21 September 2014.


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DIE Lunæ, 2 die Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Petriburgh.
Epus. Rochester.
Epus. Ely.
Epus. Bristol.
Epus. Gloucester.
Epus. Bath & Wells.
Epus. Chester.
Epus. Bangor.
Epus. Lyncolne.
Epus. Oxon.
Epus. Exon.
Epus. St. David's.
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
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.
Comes Salisbury.
Comes Bridgwater.
Comes Leycester.
Comes North'ton.
Comes Denbigh.
Comes Clare.
Comes Westmerland.
Comes Manchester.
Comes (fn. *) Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes St. Alban.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Shaftesbury.
Comes Guilford.
Comes Feversham.
Vicecomes Say& Seale.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Newport.
Ds. Berkeley.
Ds. Morley.
Ds. Ferrers.
Ds. De Grey.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North & Grey.
Ds. Chandos.
Ds. Brooke.
Ds. Grey de Wark.
Ds. Lovelace.
Ds. Pawlet.
Ds. Maynard.
Ds. Howard Esc.
Ds. Herbert de Cherb.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Asteley.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard Brand.
Ds. Wotton.
Ds. Cornwallis.
Ds. Delamer.
Ds. Freschevile.
Ds. Arundell T.
Ds. Butler M. P.

Lords take the Oaths.

PRAYERS.

The Names of those Lords who this Day took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, in Pursuance of the late Act of Parliament, intituled, "An Act for the more effectual Preservation of His Majesty's Person and Government, by disabling Papists from sitting in either House of Parliament;" beginning with the Youngest Barons first:

Thomas Lord Butler of Moore Parke.

Richard Lord Arundell of Trerise.

John Lord Freschevile.

George Lord Delamer.

Charles Lord Cornwallis.

Charles Lord Wotton.

Charles Lord Gerard Brand.

Edward Lord Rockingham.

Charles Lord Lucas.

Jacob Lord Astley.

Thomas Lord Colepeper.

Richard Lord Vaughan.

Richard Lord Byron.

Thomas Lord Leigh.

Edward Lord Herbert de Cherb.

William Lord Howard de Esc.

William Lord Maynard.

John Lord Pawlett.

John Lord Lovelace.

Ford Lord Grey de Wark.

Foulke Lord Brooke.

James Lord Chandos.

Charles Lord North & Grey.

William Lord Pagett.

Ralph Lord Eure.

Thomas Lord Windsor.

Charles Lord de Grey.

Robert Lord Ferrers.

Thomas Lord Morley.

George Lord Berkeley.

William Lord Bishop of St. David's.

Thomas Lord Bishop of Exon.

John Lord Bishop of Oxon.

Thomas Lord Bishop of Lyncolne.

Humphrey Lord Bishop of Bangor.

John Lord Bishop of Chester.

Peter Lord Bishop of Bath & Wells.

John Lord Bishop of Gloucester.

Guy Lord Bishop of Bristol.

Peter Lord Bishop of Ely.

John Lord Bishop of Rochester.

Joseph Lord Bishop of Peterborough.

Nathaniel Lord Bishop of Durham.

Henry Lord Bishop of London.

Francis Vicecomes Newport.

George Vicecomes Hallyfax.

Thomas Vicecomes Fauconberg.

William Vicecomes Say & Seale.

Lewis Earl of Feversham.

John Earl of Guilford.

Anth. Earl of Shaftesbury.

Rob't Earl of Aylesbury.

William Earl of Craven.

John Earl of Bath.

Arthur Earl of Essex.

Henry Earl of Clarendon.

Henry Earl of St. Alban.

Nicholas Earl of Scarsdale.

Rob't Earl of Sunderland.

William Earl of Strafford.

Henry Earl of Peterborough.

Thomas Earl Rivers.

John Earl of Mulgrave.

Rob't Earl of Manchester.

Charles Earl of Westmerland.

Gilb't Earl of Clare.

William Earl of Denhigh.

James Earl of North'ton.

Phillip Earl of Leycester.

John Earl of Bridgwater.

James Earl of Salisbury.

Charles Earl of Dorset & Midd.

James Earl of Suff.

William Earl of Bedford.

Theophilus Earl of Huntingdon.

Anthony Earl of Kent.

Awbrcy Earl of Oxon.

Henry Earl of Arlington, Lord Chamberlain of His Majesty's Household.

Rob't Earl of Lyndsey, Lord High Chamberlain of England.

Henry Marquis Dorchester.

Henry Marquis Worcester.

Charles Marquis Winchester.

James Duke of Monmouth.

Christopher Duke of Albemarle.

Arthur Earl of Anglesey, Lord Privy Seal.

Thomas Earl of Danby, Lord High Treasurer of Engl.

Heneage Lord Finch, Lord High Chancellor of England.

William Archbishop of Canterbury.

Rupert Duke of Cumberland.

L. Wharton accused for not kissing the Book when he took the Oaths.

The House was informed, by some Lords, "That they had taken Notice that the Lord Wharton did not kiss the Book, when he took the Oaths of Allegiance and Supremacy this Day, and so hath not legally taken the said Oaths."

His Lordship, being gone out of the House, was called in.

And being in his Place, the Lord Chancellor told him, "That the House was of Opinion, that he hath not taken the Oaths this Day in a legal Manner, because he did not kiss the Book."

To which his Lordship said, "That he had been allowed to do as he did this Day at several Times in this House when he did take the Oaths;" and presently withdrew.

And then, the Lord Wharton being withdrawn, the House made the following Order:

L. Wharton's Name struck out of the Roll.

"Forasmuch as this Day the Lord Wharton did not take the Oaths of Allegiance and Supremacy in due Form, not having kissed the Book; yet, having subscribed the Declaration, as if he had taken the said Oaths: It is ORDERED, That the Name of the Lord Wharton be put out of the Roll of Subscriptions to the Declaration."

And immediately his Name was put out of the Roll, at the Table.

E. Leicester & E. St. Albans accused, for not pronouncing he Words of the Oaths;

It was averred in the House, "That the Earl of Leycester and the Earl of St. Alban's did not pronounce some Words, in taking the Oaths of Allegiance and Supremacy, and making the Declaration this Day."

Their Lordships did offer to take the same again, for the Satisfaction of the House; which they did accordingly.

and the M. of Dorchester.

The House was also acquainted, "That the Marquis of Dorchester did not say some Words, in taking the Oaths of Allegiance and Supremacy, and making the Declaration, this Day."

Whereupon the House ORDERED, That his Lordship should take the said Oaths, and make the Declaration, again To-morrow Morning.

L. Carrington, Leave to go to his own House.

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Carington, now under the Custody of the Gentleman Usher of the Black Rod attending this House (his Lady being sick in the Country) hath hereby Leave given him to repair to his House in Oxfordshire, to remain under Confinement, not to remove from thence, till the Pleasure of this House be further signified; and this shall be a sufficient Warrant on that Behalf.

To Sir Edward Carteret Knight, Gentleman Usher of the Black Rod, his Deputy and Deputies, and every of them.

Lords Committees to examine Letters, &c. to be given in Evidence at Trials.

ORDERED, That the Lords Committees for examining Persons and Papers for the further Discovery of the horrid Design against His Majesty's Person and Government be, and are hereby, empowered to peruse and methodise such Papers and Letters, and other Writings, as their Lordships shall judge to be necessary for Evidence at the Trial or Trials of all or any of the Persons now in Custody or Prison for any Thing relating to the said horrid Design.

Address for Papers to be delivered to Lords Committees to be used for Evidence.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with WhiteStaves do attend His Majesty, humbly to desire Him, from this House, "That His Majesty will be pleased to give Order, that such Papers and Letters as were by the Lords Committees for examining Papers delivered to His Majesty's Attorney General, to be used as Evidence at the Trial of Edward Coleman, and are since by His Majesty's Order delivered over to One of the Clerks of the Council, may be transmitted to the said Lords Committees for their further Perusal, in order to the Trials of other Persons now in Custody.

E. of Fingal, Leave to travel.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Luke Earl of Fingall, in the Kingdom of Ireland, be, and is hereby, authorized and permitted forthwith to repair to any of His Majesty's Sea Ports of this Kingdom, and to pass, with Two Servants, (videlicet) Edmond Barry and Christopher Archbold, from thence to France and Flanders, without the Lett, Stay, or Interruption of any Person or Persons whatsoever; and this shall be a sufficient Warrant on that Behalf.

Gilmans & al. Spaniards, Prisoners in The Gatehouse, discharged.

Upon reading the humble Petition of Henry Gilmans, Peter de Mulder, Lewis Casteels, Thomas Ael Brechts, Giles Bowens, Jan Sluiter, Jan Leysens, and Giles Malvoe, Artificers, Natives of The Spanish Netherlands, now Prisoners in The Gatehouse at Westminster; shewing, "That, being settled for several Years in following their respective Trades in St. Martins le Grand, they are imprisoned for not being willing to take the Oath of Supremacy; and praying, that they may be set at Liberty to follow their several Trades, or have Time to prepare for their Return to their own Country:"

Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Gilmans, Peter de Mulder, Lewis Casteels, Thomas Ael Brechts, Giles Bowen, Jan Leysens, and Giles Malvoe, be, and are hereby, discharged from their present Imprisonment; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of the Prison of The Gatehouse at Westm. his Deputy and Deputies, and every of them.

Vaughans, to be examined at the Bar.

The Earl of Essex reported, from the Lords Committees appointed to take Examinations concerning the Discovery of the horrid Design against His Majesty's Person and Government, "That they had brought before them Richard Vaughan and John Vaughan, who were sent for by Order of this House; therefore the Committee desires that the said Persons may be brought to this Bar, to be examined; and at the same Time William Bedloe may be present, to offer what he hath to charge them."

Hereupon it is ORDERED, That the said Richard and John Vaughan be brought to this Bar To-morrow Morning, at which Time William Bedloe is to be present.

King's Answer, concerning the Militia.

The Lord Treasurer reported, "That the Lords with White Staves have attended His Majesty with the Address, humbly to desire Him that He will be pleased, 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; to which His Majesty says, He will take Care for the Doing thereof."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, 3um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 16th Day of December, 1678, by us,

Huntingdon.

J. Bridgewater.

N. Duresme.

Seth Sarum.

P. Bath & Wells.

Footnotes

* Origin Mulgarave.