House of Lords Journal Volume 13
5 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: 5 December 1678', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 402-404. URL: http://british-history.ac.uk/report.aspx?compid=11620 Date accessed: 26 November 2014.


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DIE Jovis, 5 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Epus. London.
Epus. Durham.
Epus. Petriburgh.
Epus. Rochester.
Epus. Glouc.
Epus. Bath & Wells.
Epus. Chester.
Epus. Lyncolne.
Epus. Oxon.
Epus. Exon.
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
Marq. Worcester.
L. Great Chamberlain.
Comes Oxon.
Comes Kent.
Comes Huntingdon.
Comes Bedford.
Comes Pembrooke.
Comes Suff.
Comes Dorset.
Comes Sarum.
Comes Bridgwater.
Comes Leycester.
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. Morley.
Ds. Ferrers.
Ds. De Grey.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North & Grey.
Ds. Chandos.
Ds. Brooke.
Ds. Grey de W.
Ds. Pawlet.
Ds. Maynard.
Ds. Howard Esc.
Ds. Herbert Cherb.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Astley.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard B.
Ds. Wotton.
Ds. Cornwallis.
Ds. Freschevile.
Ds. Arundell T.
Ds. Butler M. P.

PRAYERS.

E. Pembroke takes the Oaths.

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

French, a Fryar, sent for, in Custody from Ireland.

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 to the Lord Lieutenant of His Kingdom of Ireland, That Martin French, an Augustine Fryar, now at Galloway, in Ireland, may be safely sent from thence hither, and may be well treated in his coming, being to be examined as a Witness before the House of Peers."

L. Awdley, King's Answer concerning him.

The Lord Chancellor gave the House an Account, "That, according to the Command of this House, he hath represented the present Condition of the Lord Awdley to His Majesty: To which His Majesty is pleased to give this Answer, That He will take special Care of the Lord Awdley, to provide for him."

Thorne's Information against Tasborough.

Upon reading the Information of Henry Thorne, taken upon Oath, before Sir Thomas Smith, One of His Majesty's Justices of the Peace for the County of Suffolk, concerning great Numbers of Arms by him seen in the House of Richard Tasbrough Esquire, in the County of Suffolk, and other Matters in the said Information expressed:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Thorne, and Thomas Thorne his Brother, Servant, or late Servant, to the said Richard Tasbrough, be, and are hereby, required to appear at the Bar of this House, within Four Days next after Notice given to them respectively of this Order, as they and either of them will answer the contrary at their Peril.

Tasborough's Servants to be examined in the Country.

Upon reading the Information of Henry Thorne, taken upon Oath, before Sir Thomas Smith, One of His Majesty's Justices of Peace for the County of Suffolk, concerning great Numbers of Arms by him seen in the House of Richard Tasbrough Esquire, in the said County of Suffolk, and other Matters in the said Information expressed:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Peter Gleane, One of His Majesty's Justices of the Peace for the said County, be, and is hereby, authorized and required to send for and examine all such Persons as were Servants in the House of the said Richard Tasbrough in April last past, and to send the said Examinations to this House.

Tasbrough to be attached.

Upon reading the Information of Henry Thorne, taken upon Oath, before Sir Thomas Smith, One of His Majesty's Justices of Peace for the County of Suffolke, concerning great Numbers of Arms by him seen in the House of Richard Tasbrough Esquire, in the said County of Suff. and other Matters in the said Information expressed:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Richard Tasbrough, and bring him in safe Custody to the Bar of this House, to answer such Matters as shall there be objected against him; and this shall be a sufficient Warrant on that Behalf.

To Sir Geo. Charnock Knight, Serjeant at Arms attending this House, his Deputy and Deputies, and to all His Majesty's Officers, Civil and Military, to be aiding and assisting in the Execution hereof.

Sir Ellis Leighton to be brought to the Bar.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Keeper of Newgate, or his Deputy, shall bring Sir Ellis Leighton, now his Prisoner in Newgate, being sick, to the Bar of this House, to be examined there, on Saturday the 7th Day of this Instant December, at Ten of the Clock in the Forenoon; and for so doing, this shall be his sufficient Warrant.

Oates to attend.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Tytus Otes be, and is hereby, appointed to attend this House on Saturday the 7th Day of this Instant December, at Ten of the Clock in the Forenoon; at which Time Sir Ellis Leighton is to be examined at the Bar.

Message from H. C. to sit a while.

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

To let their Lordships know, that they have Matters of great Importance to impart to their Lordships; therefore they desire their Lordships will sit a while longer.

The Answer returned was:

Answer.

That their Lordships will sit a while longer.

Preservation of the King's Person, &c.

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

The House was resumed.

Message from H. C. with an Impeachment against Lord Arundell of Warder.

A Message was brought from the House of Commons, by Mr. Wharton, &c.

"That the Commons of England in Parliament assembled, having received Information of divers traiterous Practices and Designs of a great Peer of this House, Henry Lord Arundell of Warder, have commanded him to impeach the said Henry Lord Arundell of Warder, of Treason, and other High Crimes and Misdemeanors; and he did here, in their Names, and in the Names of all the Commons of England, impeach the said Henry Lord Arundell of Warder, of Treason, and High Crimes and Misdemeanors.

They have further commanded him to acquaint your Lordships, That they will in convenient Time exhibit to your Lordships the Articles of the Charge against him."

E. Powis impeached.

A Message was brought from the House of Commons, by Mr. Maynard and others:

"That the Commons of England in Parliament assembled, having received Information of divers traiterous Practices and Designs of a great Peer of this House, William Earl of Powis, have commanded him to impeach the said William Earl of Powis of Treason, and other High Crimes and Misdemeanors; and he did here, in their Names, and in the Names of all the Commons of England, impeach the said William Earl of Powis of Treason, and High Crimes and Misdemeanors.

"They have further commanded him to acquaint your Lordships, That they will within convenient Time exhibit to your Lordships the Articles of the Charge against him."

L. Bellasis impeached.

A Message was brought from the House of Commons, by Mr. Thynn, &c.

"That the Commons of England in Parliament assembled, having received Information of divers traiterous Practices and Designs of a great Peer of this House, John Lord Bellasise, have commanded him to impeach the said John Lord Bellasise of Treason, and other High Crimes and Misdemeanors; and he did here, in their Names, and in the Names of all the Commons of England, impeach the said John Lord Bellasise of Treason, and High Crimes and Misdemeanors.

"They have further commanded him to acquaint your Lordships, That they will within convenient Time exhibit to your Lordships the Articles of the Charge against him."

L. Petre impeached.

A Message was brought from the House of Commons, by Sir Phillip Warwick:

"That the Commons of England in Parliament assembled, having received Information of divers traiterous Practices and Designs of a great Peer of this House, William Lord Petre, have commanded him to impeach the said William Lord Petre of Treason, and other High Crimes and Misdemeanors; and he did here, in their Names, and in the Names of all the Commons of England, impeach the said William Lord Petre of Treason, and High Crimes and Misdemeanors.

"They have further commanded him to acquaint your Lordships, That they will within convenient Time exhibit to your Lordships the Articles of the Charge against him."

L. Vise. Stafford impeached.

A Message was brought from the House of Commons, by Sir Scroope How, &c.

"That the Commons of England in Parliament assembled, having received Information of divers traiterous Practices and Designs of a great Peer of this House, William Lord Viscount Stafford, have commanded him to impeach the said William Lord Viscount Stafford of Treason, and other High Crimes and Misdemeanors; and he did here, in their Names, and in the Names of all the Commons of England, impeach the said William Lord Viscount Stafford, of Treason, and High Crimes and Misdemeanors.

"They have further commanded him to acquaint your Lordships, That they will within convenient Time exhibit to your Lordships the Articles of the Charge against him."

ORDERED, That these Impeachments be taken into Consideration To-morrow; and all the Judges to be then present.

Evans examined, concerning Capt. Spalding, &c.

Upon reading the Order directed Yesterday, concerning Captain Francis Spalding, and the Garrison of Chepstowe Castle:

The House being moved, "That Edmond Evans, who attended at the Door, might be heard;" he was called in, and sworn.

And being asked, "What he knew concerning Chepstowe, or Captain Spalding?" He said, "He was Curate there last Year, put in by the Lord Bishop of Landaph; and that he knows Captain Spalding, and believes, but cannot say upon his Oath, that he came always to Church when he was Curate there: That he hath not been Curate there since August last; and so cannot say whether Captain Spalding hath been at Church there since that Time: Nor did he administer the Sacrament there at all; but the Minister of Matherne did it." He further said, "That the Soldiers did come to Church there on the 5th of November, 1676, as a Company; and he hath observed that a Soldier brought a Paper in his Hand to Church, which contained the Names of the Soldiers, to the End Notice might be taken who came, and who came not to Church, that the Absenters might be mulcted."

Upon this, he was commanded to withdraw.

James examined.

Walter James being brought to the Bar by the Serjeant at Arms, William Bedloe was called in, and asked, "What he had to say against him?" Who said, "He knows the said Walter James, and had seen him in Monmouth; but hath not had any Converse with him, nor can charge him with any Thing more, than that he hath heard from the Jesuits, that the said Walter James was to be Secretary to the Earl of Powis."

To which Walter James, by Way of Answer, said, That he was well known in his Country to have no Hand in any Design: That he was a Commissioner for managing Edward Marquis of Worcester's Estate, but was never Secretary to the Earl of Powis, nor hath not seen him these Six Years." Upon which, they being withdrawn, the Lords made the following Order.

Discharged upon Bail.

"Whereas Walter James, of the County of Mounmouth, Esquire, was this Day brought to the Bar, by the Serjeant at Arms attending this House, and there heard what he had to say to what William Bedloe could alledge against him: After Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Walter James shall, at the Bar of this House, give Security by Recognizance of Five Hundred Pounds to appear when he shall be thereunto required by this House, and thereupon be discharged from the Restraint he is now under, paying his Fees; and this shall be a sufficient Warrant on that Behalf.

"To Sir Geo. Charnock Knight, Serjeant at Arms attending this House, his Deputy and Deputies, and every of them."

Milborne and Priests and Jesuits in Monmouthshire.

Upon reading the Information of Charles Morgan, of Langattock Lingoed, in the County of Monmouth, Gentleman, taken upon Oath, against Henry Milborne Esquire; as also some Certificates on the Behalf of the said Henry Milborne, and a Copy of a Letter sent by the Marquis of Worcester to the Justices of Peace for the County of Monmouth, and their Answer thereunto, concerning a Paper of the Names of Priests and Jesuits in the said County of Monmouth; as likewise Two Lists; one, of Popish Families that were in the said County in the late King's Reign, and now succeeded by Protestants; the other, of Persons perverted in the said County, this Day delivered into this House, and other Matters in the enclosed Copies mentioned:

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 Landaffe, calling to his Assistance Thomas Lewis of St. Peres Esquire, William Keymish Esquire, Sir Herbert Evans Knight, Thomas Morgan of Lansore Esquire, and Thomas Herbert of Uske Esquire, or such of them as upon due Summons shall appear, to inquire into and examine the Matter contained in the said Informations, and other Matters in the said Certificates and Papers expressed; and to send for and examine such Persons as they shall think fit, for finding out the Truth of the Matters of Fact therein set forth; and to give this House a full Account thereof, so soon as his Lordship so assisted with Conveniency can.

Address for Account of Papists within the Verge.

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 a speedy Account to be taken of the Papists that reside within His Majesty's Court at Whitehall, or the Verge thereof, and Somertsett-house, and returned to this House."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris 6tum diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.