House of Lords Journal Volume 13
21 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: 21 December 1678', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 428-430. URL: http://british-history.ac.uk/report.aspx?compid=11634 Date accessed: 31 August 2014.


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DIE Sabbati, 21 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Petriburg.
Epus. Rochester.
Epus. Ely.
Epus. Bristol.
Epus. Bath & Wells.
Epus. Chester.
Epus. Bangor.
Epus. Lyncolne.
Epus. Exon.
Dux Cumberland.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Monmouth.
Marq. Winton.
L. Great Chamberlain.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Huntingdon.
Comes Bedford.
Comes Dorset & Midd.
Comes Sarum.
Comes Leycester.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Clare.
Comes Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Winchilsea.
Comes Carnarvon.
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 Fauconberg.
Vicecomes Hallyfax.
Vicecomes Newport.
Ds. Delawar.
Ds. Berkeley.
Ds. Ferrers.
Ds. De Grey.
Ds. Eure.
Ds. Wharton.
Ds. Chandos.
Ds. Norris.
Ds. Grey de Wark.
Ds. Lovelace.
Ds. Poulet.
Ds. Maynard.
Ds. Howard Esc.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard B.
Ds. Wotton.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Freschevile.
Ds. Arundell T.
Ds. Butler M. P.

PRAYERS.

The Lord Chief Justice of the Common Pleas sat Speaker this Day, in the Place of the Lord Chancellor.

E. of Sussex excused.

John Keeling and Rowland Greenwood, upon Oath at the Bar, gave the House this Account, "That the Earl of Sussex is in Town, but so ill at present that he is not able to attend this House; but he will come as soon as he is able."

Which Excuse the House allowed.

Supply Bill, disbanding forces from Abroad:

Hodie 3a vice lecta est Billa, "An Act for granting a Supply to His Majesty, of Two Hundred 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."

The Question being put, "Whether this Bill, with these Amendments, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

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

To return the Bill for granting a Supply to His Majesty, for disbanding the Forces; wherein the Lords have made some Amendments, and desire the Concurrence of the House of Commons thereunto.

The Earl of Essex reported, from the Committee appointed to examine Persons and Papers for the Discovery of the horrid Design against His Majesty's Person and Government, an Examination of Richard Gastrell; which was read, as followeth:

"The Examination of Richard Gastrell, of The Grange, in Gloucestershire, Gentleman, sworn the 20th of December, 1678, before the Lord Bishop of London.

Gastrell's Examination concerning the Plot.

"This Deponent saith, That, in the Year 1675, he travelled to Rome; and being there, he was, by many Arts and Persuasions, inveigled into the Romish Religion; after which, he was entertained by Cardinal Barbarini as One of his Gentlemen; where, after he had continued about Five Months, he was prevailed with by several English there, and by the said Cardinal, to put himself in the English Seminary; where after he had continued about Two Years and an Half, he returned Home: But whilst he was in the said College, videlicet, in Lent last, discoursing with Gerrard Ireland and William Denmour (Priests now in England), the said Ireland told him, "That the Catholics of England had expected long enough from His Majesty, without Effect; and that it was in vain to expect any longer: That the King had been much obliged to the Catholics; and that He had now forgot their Kindness: That He did no Good in England, nor did deserve to be King, but was a Shame to all Princes: And that it was no Sin to kill Him." To which one Sergeant, a Scholar, replied, "Why?" The said Ireland answered, "Because it would be for the Good of the whole Church; for that, if the King were dead, Catholic Religion would soon be brought into England.

"And, discoursing further of their going into England, the said Ireland and Denmour said, "They hoped each of them to get a good fat Parsonage there."

"This Deponent further saith, That, having an Audience of the Pope, in the Company of Four Priests, and another Secular Gentleman, all Students of the same College, the Pope, understanding they were going for England, and being desirous to know their several States and Conditions; and having demanded of Father Campian, who conducted them to the Pope, whether they were all Priests; and understanding by the said Campian's Answer, that Two of them were Seculars; he asked of the said Two, their Design of going into England, "Whether they intended there to be Soldiers, for that they were very fit for the same?"

"This Deponent further faith, That, in the Beginning of May last, a few Days before his coming away from Rome, he waited on Cardinal Barberini, whom he found sick on his Bed; where coming to him, he bid the said Deponent, at parting (the Rector being present), take Care to be true and faithful, and serve the Duke of Yorke; which the Rector also desired him to bear in Mind: That the Cardinal afterwards, applying himself to the said Rector, said, "That, if Catholic Religion were brought into England (notwithstanding his great Age), he would go thither Legate de Latere."

"Richard Gastrell."

Capt. & jurat. die et A°. prædict. coram me,

H. London.

Ireland and Denmour, Priests, to be attached.

Upon Information given to this House, "That Gerrard Ireland and William Denmour, Popish Priests now in England, are resident in some Parts of Yorkeshire or Lancashire:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the respective Sheriffs of the Counties of Yorke and Lancaster be, and are hereby, required to use their utmost Endeavour for the Discovery and Apprehending of the said Gerard Ireland and William Denmour, or either of them; and, for the more effectual Performance hereof, the said Sheriffs are to communicate the same to some of the Justices of Peace of their respective Counties, who are also required, within their respective Limits, to be diligent in their Endeavours for the apprehending of the said Gerrard Ireland and William Denmour, and to give Notice thereof to the Sheriff of the County wherein they, or either of them shall be apprehended, to the End the Sheriff forthwith send him or them so apprehended in safe Custody to attend this House; and this shall be a sufficient Warrant on that Behalf.

To the respective Sheriffs and Justices of the Peace for the Counties of Yorke and Lancaster, and to all His Majesty's Officers Civil and Military, to be aiding and assisting in this Service.

Papers to be sorted, as may be used in Evidence at Trials.

ORDERED, That the Lords Committees for examining Persons and Papers concerning the horrid Design against His Majesty's Person and Government be, and are hereby, appointed to peruse and put together all such Papers now before this House, as their Lordships shall judge fit to be communicated to the House of Commons, in order to the Proceedings to be had against any Person to be tried for any Matter relating to the said Design; and make Report thereof to this House on Monday Morning.

Turberville to attend.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Edward Turbervile, who was lately employed by the Lords Committees for examining Persons and Papers concerning the horrid Design against His Majesty's Person and Government, be, and is hereby, required to attend this House on Monday next, at Ten of the Clock in the Forenoon.

Tasbrough to be committed, as Lord Chief Justice shall direct.

Whereas Richard Tasbrough Esquire was this Day brought to the Bar, by the Serjeant at Arms attending this House, to answer to the Informations put in against him; which he denieth to be true:

Upon Consideration had thereof, and that there is a Warrant of the Lord Chief Justice of England issued for the apprehending of the said Richard Tasbrough for Treason; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Serjeant at Arms deliver the said Richard Tasbrough in safe Custody to such Person or Persons as the Lord Chief Justice of England shall direct and appoint.

Whitaker discharged.

Whereas Edward Whitaker, Prisoner in Newgate for scandalous Words uttered by him at Worcester against the Lords of the Bishops Bench, upon his humble Petition and Submission of himself to the Judgement of this House, was this Day brought to the Bar; where he made an Acknowledgement of his Offence against this House, and in particular against the Lords Bishops whole Bench, and begged Pardon for the same, both of the whole House, and of their Lordships of that Bench in particular:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled (upon the Intercession of the Lords the Bishops that no further Punishment might be inflicted on him), That the said Edward Whitaker be, and is hereby, discharged from his present Imprisonment in Newgate for that Cause, paying his Fees due to the Officers of this House; and this shall be a sufficient Warrant on that Behalf.

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

Milborne and Bedloe to attend.

ORDERED, That Mr. George Milborne be brought to the Bar of this House, by the Serjeant at Arms, on Monday Morning next.

And at the same Time Mr. Bedloe do attend this House.

Middledorp & al. Hamborough Merchants, Relief Bill.

Hodie 1a vice lecta est Billa, "An Act for restoring of the Goods of Peter Midledorp and others, seized by Daniell Gyles near Portsmouth, and condemned in His Majesty's Court of Exchequer, as imported contrary to the late Act of Parliament against Importation of French Goods."

Message from H. C. to sit P. M.

A Message was brought from the House of Commons, by Sir John Talbot and others:

To acquaint their Lordships, that the Commons intend to sit this Afternoon; and they desire their Lordships would please to sit likewise.

The Answer returned was:

Answer.

That this House will sit this Afternoon.

Adjourn.

Dominus Capitalis Justiciarius de Commun. Placit. declaravit præsens 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.
Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Rochester.
Epus. Ely.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Exon.
Dux Cumberland.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Monmouth.
Marq. Winton.
L. Great Chamberlain.
L. Chamberlain.
Comes Kent.
Comes Huntingdon.
Comes Sarum.
Comes North'ton.
Comes Denbigh.
Comes Clare.
Comes Mulgrave.
Comes Peterborough.
Comes Winchilsea.
Comes Carnarvon.
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 Fauconberg.
Vicecomes Hallyfax.
Vicecomes Newport.
Ds. Berkeley.
Ds. Ferrers.
Ds. De Grey.
Ds. Eure.
Ds. Wharton.
Ds. Chandos.
Ds. Norris.
Ds. Grey de W.
Ds. Maynard.
Ds. Howard Esc.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Lucas.
Ds. Gerard B.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Freschevile.
Ds. Arundell T.
Ds. Butler M. P.

PRAYERS.

The Lord Chief Justice of the Common Pleas sat Speaker this Afternoon.

Gratiano committed.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Dominico Gratiano, who is brought up by the Sheriff of Bristol, be carried before the Lord Chief Justice of the Court of King's Bench, according to the Tenor of the Writ of Habeas Corpus, that he may be committed to The Marshalsea, with his Cause; where he is to remain, to be in a Readiness to be sent for, as this House shall see Cause.

Middledorp & al. Hamborough Merchants, Relief Bill.

Hodie 2a vice lecta est Billa, "An Act for restoring of the Goods of Peter Midledorp and others, seized by Daniell Gyles near Portsmouth, and condemned in His Majesty's Court of Exchequer as imported contrary to the late Act of Parliament against Importation of French Goods."

Upon the Second Reading of the Bill, intituled, "An Act for restoring of the Goods of Peter Midledorp and others, seized by Daniell Gyles near Portsmouth, and condemned in His Majesty's Court of Exchequer as imported contrary to the late Act of Parliament against Importation of French Goods:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, on both Parts, at the Bar, concerning the Matters contained in the said Bill, on the Third Day of the Sitting of the Parliament next after Christmas Day next coming, at Ten of the Clock in the Forenoon; whereof the Prosecutors of the said Bill are to cause timely Notice to be given to Daniell Gyles therein mentioned, or his Attorney here, by particular Service; as also to all other Persons who may be concerned, by posting up Copies of this Order at the several Doors of this House.

Bill to prevent Minors Clandestine Marriages.

It was moved, "That the House might be presently put into a Committee, to take into Consideration the Bill for disabling Minors to marry without the Consent of their Fathers or Guardians, and against their untimely marrying after the Decease of their Fathers."

And accordingly the House was adjourned during Pleasure.

The House being resumed;

The Earl of Aylesbury reported, "That the Committee had read over the Bill, and desire that the House would appoint another Time for the House to be put into a Committee again to proceed further in that Bill."

And the House ordered the Second Day of Sitting after Christmas Day.

Adjourn.

Dominus Capitalis Justiciarius de Commun. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 23um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.