House of Lords Journal Volume 13
16 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: 16 December 1678', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 417-419. URL: http://british-history.ac.uk/report.aspx?compid=11629 Date accessed: 21 September 2014.


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DIE Lunæ, 16 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. Petrib.
Epus. Rochester.
Epus. Ely.
Epus. Bristol.
Epus. Glouc.
Epus. Bath & Wells.
Epus. Chester.
Epus. Bangor.
Epus. Lyncolne.
Epus. Oxon.
Epus. Exon.
Epus. St. David's.
Dux Cumberland.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
L. Great Chamberlain.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Huntingdon.
Comes Bedford.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Clare.
Comes Westm'land.
Comes Manchester.
Comes Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes St. Albans.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Shaftesbury.
Comes Guilford.
Comes Feversham.
Vicecomes Hallyfax.
Vicecomes Newport.
Ds. Berkeley.
Ds. Morley.
Ds. Ferrers.
Ds. De Grey.
Ds. Cromwell.
Ds. Eure.
Ds. Pagett.
Ds. Chandos.
Ds. Brooke.
Ds. Grey de Wark.
Ds. Lovelace.
Ds. Pawlet.
Ds. Howard Esc.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Astley.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard B.
Ds. Wotton.
Ds. Cornwallis.
Ds. Delamer.
Ds. Freschevile.
Ds. Arundell T.
Ds. Butler M. P.

PRAYERS.

This Day the Lord Chief Justice of the Court of Common Pleas sat Speaker, in the Absence of the Lord Chancellor, being not well.

Ld. Cromwell takes the Oaths.

This Day Thomas Lord Cromwell took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, in Pursuance of the Act for the more effectual preserving the Person of His Majesty and His Government, by disabling Papists from sitting in either House of Parliament.

Lords Leave to examine a Prisoner in Newgate.

The House being moved, "That the Earl of Essex, the Earl of Shaftesbury, and the Lord Viscount Hallyfax, may repair to Newgate, for examining a Prisoner there; from whom, it is hoped, some Light may be had, for further Discovery of the horrid Design against His Majesty's Person and Government:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Essex, the Earl of Shaftesbury, and Lord Viscount Hallyfax, have Leave hereby given them to repair to Newgate, to examine any One of the Prisoners there, in order to such Discovery as is aforesaid.

Ld. Brooke, Leave to be absent.

This House being moved, "That the Lord Brooke may have Leave to go into the Country for a short Time, his Lady being sick;" which the Lord Brooke, upon his Honour, averred to be true:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Brooke hath hereby Leave given him to go into the Country for Three Weeks, from Wednesday next, and no longer; but to return sooner, if his Lordship can.

Osborne to be attached.

Upon Oath made, at the Bar of this House, "That George Osborne Bricklayer hath been duly summoned, by an Order of the Lords Committees appointed to examine Persons and Papers relating to the horrid Design against His Majesty's Person and Government, to attend their Lordships this Morning;" which he hath neglected to do:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy, shall attach the Body of the said George Osborne, and bring him in safe Custody before the said Lords Committees To-morrow Morning, at Nine of the Clock, in the Lord Privy Seal's Lodgings near the House of Peers; 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 this Service.

Bampfield versus Vaughan.

Whereas Hugh Vaughan was, by Order of this House, dated the 5th of July last, required to put in an Answer in Writing to the Petition of Warwicke Bampfeild Esquire, presented to this House against him, within One Week next after Notice given him of the said Order; which he hath not hitherto done:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hugh Vaughan be, and is hereby, required to put in his Answer in Writing to the said Petition, peremptorily, by or before Monday, the Twenty-third Day of this Instant December; or otherwise this House will proceed to hear the Petitioner ex parte, upon the Merits of the Case set forth in his Petition.

Thimbleby's Recognizance.

Hodierno die Johannes Thimelby Armiger recognovit se debere Domino Regi Mille Libras, levari ex Bonis, Catallis, Terris, et Tenementis suis, ad usum Domini Regis.

The Condition of the abovesaid Recognizance is, "That if the said John Thimelby shall appear personally before the Lords in Parliament, when he shall be thereunto required by this House, then this his Recognizance to be void; otherwise to stand in full Force and Virtue."

Released upon it.

Whereas John Thimelby Esquire, a Prisoner in The King's Bench, as being charged to be knowing of the horrid Design against His Majesty's Person and Government, having, by his humble Petition, represented to this House how much he is prejudiced in his Health and otherwise, and that, if he may by the Favour of this House have his Liberty, he will be ready to appear upon any Summons, was thereupon this Day brought to the Bar, by the Keeper of the Prison of The King's Bench, where he hath entered into a Recognizance of One Thousand Pounds to the King's Majesty, conditioned, "That he the said John Thimelby will appear upon Summons, whenever he shall be thereunto required by this House:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Thimelby be, and is hereby, discharged from his present Imprisonment in The King's Bench, for the Cause abovementioned, paying his Fees due to the Officers attending this House; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of the Prison of The King's Bench, his Deputy and Deputies, and every of them.

Ld. Campden excused.

The Speaker acquainted the House, "That the Lord Chancellor having (according to the Directions of this House) written Letters to all Lords who are absent, his Lordship hath received Two Letters of Answer, one from the Duke of Newcastle, and another from the Lord Viscount Campden."

And Thomas Palmer and Bartholmewe Rudle, Servants to the Lord Viscount Campden, deposed at the Bar, upon their Oaths, "That his Lordship was so sick, that he was not able to stir him in his Bed, and had Company to watch with him every Night; and they did believe his Lordship could not come to London without Danger of his Life."

Which Excuse the House allowed of.

Impeachments.

A Question was proposed, "Whether that a Message should be sent to the House of Commons, to mind them of bringing up Articles against those Lords they have impeached, in some convenient Time?"

Then this previous Question was put, "Whether this Question shall be now put?"

It was Resolved in the Negative.

Adjourn.

Dominus Capitalis Justiciarius de Commun. Placit. declaravit Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora Quarta, Dominis sic decernentibus.

Post meridiem.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Bristol.
Epus. Bath & Wells.
Epus. Chester.
Epus. Exon.
Dux Cumberland.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
(fn. *) Dux Bucks.
(fn. *) Dux Albemarle.
(fn. *) Dux Monmouth.
Marq. Winton.
Comes Kent.
Comes Huntingdon.
Comes Bedford.
Comes Sarum.
Comes Bridgwater.
Comes Leycester.
Comes North'ton.
Comes Clare.
Comes Peterborough.
Comes Strafford.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Graven.
Comes Shaftesbury.
Comes Guilford.
Comes Feversham.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Newport.
Ds. Berkeley.
Ds. Ferrers.
Ds. De Grey.
Ds. Paget.
Ds. Grey W.
Ds. Lovelace.
Ds. Maynard.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Astley.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard B.
Ds. Wotton.
Ds. Cornwallis.
Ds. Delamer.
Ds. Arundell T.

PRAYERS.

This Afternoon the Lord Chief Justice of the Common Pleas sat Speaker, in the Absence of the Lord Chancellor.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir John Trevor, &c.

That the Commons have passed a Bill, intituled, "An Act for granting a Supply to His Majesty, of Two Hundred and Six Thousand Four Hundred Sixtytwo Pounds, Seventeen Shillings, and Three Pence, for the effectual paying off and disbanding all the Forces raised or brought over from Foreign Parts into this Kingdom, since the 29th of September, 1677;" to which their Lordships Concurrence is desired.

D. of Norfolk, Leave to bring his Family and Servants to Town.

This House being informed, "That the Duke of Norfolk having, in Obedience to His Majesty's late Proclamation, withdrawn his Family into the Country, where having been very sick, and in Want of necessary Helps which are not easy to be had but in London, his Grace is come to Town, and therefore prayeth, that Three Men Servants to attend his Grace, his Second Son the Lord Thomas Howard with One Man Servant, and Four Women Servants to attend the Dutchess of Norfolke his Wife and Two small Children, together with the Lady Frances Howard and Two Women to attend her, may be permitted to come to Town, and remain here during the Duke's Sickness, and for Three Days after his Recovery:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Thomas Howard and the Lady Frances, and so many Servants as are herein beforementioned, and no more, to attend on them and the said Duke and Dutchess, be, and are hereby, authorized and permitted to come to and stay in Town during the Time of the said Duke's Sickness, and Three Days after, and no longer.

Middledorp et al. Hamborough Merchants, concerning a Ship of theirs seized.

This Day the Counsel of Peter Middledorp and others, Hambrough Merchants, Plaintiffs, and Danyell Gyles Defendant, were at the Bar.

The Plaintiffs desired Relief against an unjust Verdict, given against them in the Court of Exchequer.

The Defendant pleaded, so short Warning, that he could not make his Defence; therefore prayed longer Time.

The Counsel were commanded to withdraw.

And the House considering how they should proceed in this Case, whether in a Judicial Way, or a Legislative;

For their Lordships better Information herein,

The Question was put, "Whether the Counsel shall be now called in, and heard?"

It was Resolved in the Affirmative.

The Counsel were called in; and the Speaker told them, "That the Lords would hear them, for their Information."

Which being done, the House made the ensuing Order:

A Bill to be brought in for their Relief.

Whereas, upon the Petition of Peter Middledorpe and other Hambrough Merchants, this House hath this Day been informed, by Counsel, concerning a Vessel called The Prosperous of London, by them, or their Agents, laden at Roan in France, and intended or designed for Hambrough; but, coming into One of the Sea Ports of this Kingdom, was, by Verdict had in the Court of Exchequer, condemned, and Judgement thereof entered: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave given them to prepare a Bill, to be presented to this House, for their Relief; and that, in the mean Time, the Execution upon the said Judgement in the Court of Exchequer be stayed."

Supply Bill, for disbanding Forces from Abroad.

Hodie 1 vice lecta est Billa, "An Act for granting a Supply to His Majesty, of Two Hundred and Six Thousand Four Hundred Sixty-two Pounds, Seventeen Shillings, and Three Pence, for the effectual paying off and disbanding all the Forces raised, or brought over from Foreign Parts into this Kingdom, since the 29th of September, 1677."

Adjourn.

Dominus Capitalis Justiciarius de Commun. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Martis, 17um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.

Footnotes

* Origin. Dominus.