House of Lords Journal Volume 13
9 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: 9 December 1678', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 409-410. URL: http://british-history.ac.uk/report.aspx?compid=11623 Date accessed: 21 October 2014.


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DIE Lunæ, 9 die Decembris.

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. Bangor.
Epus. Lyncolne.
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. Great Chamberlain.
Comes Kent.
Comes Huntingdon.
Comes Bedford.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Clare.
Comes Westmerland.
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 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. Pagett.
Ds. North & Grey.
Ds. Chandos.
Ds. Brooke.
Ds. Grey de Warke.
Ds. Pawlett.
Ds. Maynard.
Ds. Howard Esc.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Wotton.
Ds. Cornwallis.
Ds. Freschevile.
Ds. Arundell T.
Ds. Butler M. P.

PRAYERS.

L. Arundell's Papers to be delivered to a Committee of H. C.

Upon Report made from the Lords Committees for examining Papers, "That, upon Perusal of the Lord Arundell of Warder's Papers, their Lordships find some which may be of Use at the Trial of the Lords who are impeached by the House of Commons; and crave Directions from the House, whether they may deliver them to a Committee of the House of Commons appointed to prepare Articles of Impeachment against the said Lords:"

It is ORDERED, That the Lords Committees shall cause the said Papers of the said Lord Arundell of Warder to be inventoried by the Clerk attending them, and then deliver them to the said Committee of the House of Commons.

Popish Recusants, to disable from exercising Trades, Bill.

Upon Report made by the Earl of Essex, from the Lords Committees appointed to consider of the Bill disabling Popish Recusants to exercise certain Trades and Occupations, "That the Order for drawing the Bill is short of attaining the End intended, (videlicet,) That no Common, or Civil Lawyers, Attornies, Proctors, Solicitors, Physicians, Apothecaries, Chirurgeons, nor Midwives, shall be permitted, after Conviction of Popish Recusancy, to exercise their Callings any where in England, nor to remain in Town; and that no Tradesman whatsoever of His Majesty's natural-born Subjects, being Convict Popish Recusants, shall, after a Time limited, be permitted to live in London, Westminster, or the Suburbs or Liberties thereof:"

It is ORDERED, That their Lordships, assisted by Mr. Justice Atkins, do fit the Bill accordingly, and then report it to the House.

L. Awdley's Recommendation to His Majesty, amended.

It was moved, "That a small Addition may be made to the Address to His Majesty, concerning the Lord Awdly, the 30th of November last."

Which being agreed to, the Address, with the said Addition, follows:

The Lord Awdley, a Member of this House, refusing to take the Oaths and subscribe the Declaration prescribed by the Act of Parliament lately passed; and having taken 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."

Rogers to be brought to the Bar.

Upon reading the Petition of Nathan Rogers, now in the Custody of the Serjeant at Arms attending this House; praying, "That he may be discharged;" submitting himself to the Judgement of this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Nathan Rogers shall be brought to the Bar of this House To-morrow, at Ten of the Clock in the Forenoon, by the Serjeant at Arms; and there be heard what he hath to say for himself.

Message to H. C. for a Conference about disbanding Forces here, before those arrive from Flanders.

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

To desire a present Conference, in the Painted Chamber, upon Matters of Importance.

These Lords following were appointed to manage this Conference, and to draw up what shall be offered to the House of Commons:

L. Chancellor.
L. Treasurer.
L. Privy Seal.
D. of Monmouth.
D. of Bucks.
E. of Essex.
E. of Clarendon.
E. of Rochester.
E. of Bath.
Vicecomes Hallyfax.
L. Grey of Wark.

The House was adjourned during Pleasure; and the Lords withdrew presently.

The House was resumed.

Heads for it.

The Lord Privy Seal reported what the Committee had prepared, to be delivered at this Conference; which was read, as followeth:

"The Lords have desired this Conference with the House of Commons, to acquaint them, That, being informed, that His Majesty hath sent Orders for withdrawing the Forces out of Flanders, in order to their Disbanding; many Difficulties and Dangers do occur to their Lordships, if such Rules and Orders be not established, by Consideration and Advice of both Houses, that the Disbanding may be made with Safety; which, their Lordships conceive, cannot be by bringing such a Power together to the Forces already here; and do therefore propose, that the Forces here may not be increased by the Accession of more from Abroad; but that a proportionable Number of those here may be disbanded before the Regiments from Flanders shall arrive; and that, after Consideration hereof by the Commons, by joint Advice of both Houses, a Reglement may be made accordingly."

Agreed to.

Answer from H. C.

The Messengers sent to the House of Commons, return with this Answer:

That they will give a present Conference, as is desired.

King's Answer to Address for securing Papists.

The Lord Chancellor reported His Majesty's Answer to the Address of both Houses, for securing Popish Recusants: And His Majesty will issue out a Proclamation, as is desired.

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 Privy Seal reported, "That the Managers of the Conference had delivered what they were commanded by the House."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, 10um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.