House of Lords Journal Volume 13
4 December 1678

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1767-1830

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'House of Lords Journal Volume 13: 4 December 1678', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 400-402. URL: http://british-history.ac.uk/report.aspx?compid=11619 Date accessed: 22 August 2014.


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DIE Mercurii, 4 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Petrib.
Epus. Rochester.
Epus. Ely.
Epus. Bristol.
Epus. Glouc.
Epus. Bath & Wells.
Epus. Chester.
Epus. Bangor.
Epus. Lync.
Epus. Oxon.
Epus. Exon.
Epus. St. David's.
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
Marq. Worcester.
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. Alban.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Shaftesbury.
Comes Guilford.
Comes Feversham.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Newport.
Ds. Berkeley.
Ds. Ferrers.
Ds. De Grey.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Pagett.
Ds. Chandos.
Ds. Brooke.
Ds. Grey W.
Ds. Pawlet.
Ds. Maynard.
Ds. Howard Esc.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Lucas.
Ds. Gerard B.
Ds. Cornwallis.
Ds. Freschevile.
Ds. Arundell T.
Ds. Butler M. P.

PRAYERS.

E. Rochester takes the Oaths.

This Day John Earl of Rochester took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, in Pursuance of the Act, intituled, "An Act for the more effectual preserving His Majesty's Person and Government, by disabling Papists from sitting in either House of Parliament."

"Jo. Earl of Rochester."

ORDERED, That the Lord Viscount Fauconberg and the Lord Bishop of Exon are added to the Committee for the Journal Book.

Whitebread, in Newgate, to have a Physician and Nurse.

The House being moved, "That White, alias Whitebread, a Prisoner in Newgate, being sick, may have the necessary Helps of a Nurse to tend him, and a Physician to come to him during his Sickness:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mr. White, alias Whitebread, shall and may, during his Sickness, have a Nurse to tend him; and that Dr. Lowre may have free Access to him, as a Physician, during his Sickness, as oft as Occasion shall require; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of Newgate, his Deputy and Deputies, and every of them.

and Dr. Fogarty.

The House being moved, "That Dr. Fogarty, being sick in the Prison of Newgate, may have the necessary Helps of a Nurse to tend him, and a Physician to come to him during his Sickness:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Dr. Fogarty shall and may, during his Sickness, have a Nurse to tend him; and that Sir Alexander Frazier may have free Access to him as a Physician, during his Sickness, as often as Occasion shall require; and that the said Dr. Fogarty may have the Use of Pen, Ink and Paper, for writing a Note, or Notes, for Money, or such Necessaries as he wants, which he cannot have without a Note under his Hand; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of Newgate, his Deputy and Deputies, and every of them.

Information against Capt. Spalding and the Garrison at Chepstow, to be examined into.

Upon Information given to this House, concerning Captain Francis Spalding, Deputy Governor of Chepstow Castle, "That neither he nor any of his Officers, nor any of the Soldiers under him (except One) in that Garrison, hath received the Sacrament of the LORD'S Supper at Chepstow within Three Years last past; and that Captain Spalding hath not come to Church there, for the last Five or Six Months, except on the 13th Day of November last; and hath declared, That he can and will be ready to take any Oath that can be devised; and that he hath a Dispensation for so doing; and that the Garrison at Chepstow Castle hath used the Country very ill:"

Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, recommended to the Lord Bishop of Landaff, calling to his Assistance Thomas Lewis of St. Peres Esquire, William Keymish Esquire, Sir Herbert Evans, Thomas Morgan of Llansore Esquire, and Thomas Herbert of Uske Esquire, to enquire into the Informations aforesaid; and to send for and examine such Persons as they shall think fit, for finding out the Truth of the Matter of Fact; and to give this House an Account thereof so soon as his Lordship with Conveniency can.

Coleman's Letters for Two Years last past to be found out.

ORDERED, That the Lords Committees appointed to peruse and examine Mr. Edward Coleman's and others Papers be, and are hereby, empowered to use such Means as they shall think fit, for the finding out the Two last Years Papers and Letters to and from the said Edward Coleman, which are not yet discovered.

Attorney General to deliver Letters, &c. to Lords Committees for finding out Evidence, &c.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Attorney General is hereby appointed to deliver to the Lords Committees for examining Papers, or such Person as they shall appoint to receive them, all such Papers and Letters as are in his Hands, to be by their Lordships perused, in order to the Trials of such Persons as are now in Custody concerning the horrid Design against His Majesty's Person and Government.

Gerrard and Oakley committed.

Upon Report from the Lords Committees to whom it was referred to examine John Gerrard and Thomas Oakely, who, for refusing the Oath of Allegiance, were brought up from Stratford upon Avon, by the Serjeant at Arms attending this House, under whose Custody they now are, "That their Lordships judge it fitting that the said John Gerrard and Thomas Oakely be continued in Custody:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Gerrard and Thomas Oakely shall stand committed to the Prison of The King's Bench, there to remain in safe Custody till further Order; and that the Serjeant at Arms attending this House, his Deputy or Deputies, take Care to convey them to the said Prison; and for so doing, this shall be a sufficient Warrant.

To Sir Geo. Charnock Knight, Serjeant at Arms attending this House, and to the Keeper of the Prison of The King's Bench, and their respective Deputies, and every of them.

Serjeants at Arms Fees to be paid.

The House being moved, on the Behalf of Sir Geo. Charnock Knight, Serjeant at Arms attending this House, concerning his demanding Fees upon the Discharge of any Person out of his Custody, who is, or shall be, apprehended by him by Order of this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all such Persons as are, or shall be, so discharged out of his Custody, shall pay all such Fees as are justly due to him, and all other the Officers attending the Service of this House.

Report of Heads for Preservation of King's Person, and securing the Protestant Religion.

The House was adjourned into a Committee during Pleasure, to consider of further Heads for the Preservation of His Majesty's Person and Government, and securing the Protestant Religion.

The House was resumed.

And the Earl of Bridgwater reported, "That the Committee of the House had agreed of some Heads, which he is directed to report:

"That the House be desired to make an Address to His Majesty, That He would be pleased to call again on the Foreign Ministers residing here, for an Account of the Numbers, Names, and Places of Abode, of the Priests that do attend them respectively.

"That an Address may be made to His Majesty, That Order may be given for preventing the scandalous Resort of Numbers of His Majesty's Subjects to Ambassadors Chapels.

"That an Address be made to His Majesty, for a Proclamation for tendering the Oaths, according to Law, to all Lawyers, Physicians, and Apothecaries, who are Popish Recusants, by a Day to be prefixed, in order to the speedy Execution of the Laws against them.

"That a Bill be prepared, for the more speedy Conviction of Gunsmiths, Armourers, Cutlers, Booksellers, and Printers, who are Popish Recusants.

"That the Matter of sending Children abroad to Foreign Seminaries may be considered at the next Meeting of the Committee.

"That a Message may be sent to the House of Commons, to put them in Mind of the Bill some Time since sent down, for the better Discovery, and more speedy Conviction, of Popish Recusants."

All which Report the House agreed to.

Address for Foreign Ministers to give in a List of their Priests.

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 pleased to call again on the Foreign Ministers residing here, for an Account of the Numbers, and Names, and Places of Abode, of the Priests that do attend them respectively."

Address to prevent Resort of English to Chapels of Foreign Ministers.

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 pleased to give Order for some effectual Means of preventing the scandalous Resort of Numbers of His Subjects to the Chapels of Foreign Ministers residing here."

Address for a Proclamation for Popish Lawyers & al. to take the Oaths.

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 pleased to give Order for sending out a Proclamation, for tendering the Oaths, according to Law, to all Lawyers, Physicians, and Apothecaries, who are Popish Recusants, by a Day to be therein prefixed, in order to the speedy Execution of the Laws against them."

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Justice Atkins be, and is hereby, appointed to prepare a Bill, to be offered to this House, for the more speedy Conviction of all Gunsmiths, Armourers, Cutlers, Booksellers, and Printers, who are Papists.

Message to H. C. to remind them of the Bill for Conviction of Papists.

A Message was sent to the House of Commons, by Sir Tymothy Baldwin and Sir Andrew Hacket:

To put them in Mind of the Bill for the speedy Conviction of Popish Recusants.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 5tum diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 7th of December, 1678, by us,

Huntingdon.

J. Bridgewater.

Fauconberg.

Seth Sarum.

P. Bath & Wells.