House of Lords Journal Volume 13: 30 November 1678

Pages 393-395

Journal of the House of Lords: Volume 13, 1675-1681. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Page 393
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DIE Sabbati, 30 die Novembris.


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. Gloucester.
Epus. Bath & Wells.
Epus. Chester.
Epus. Bangor.
Epus. Lyncolne.
Epus. Oxon.
Epus. Exon.
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Norff.
Dux Bucks.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
Marq. Worcester.
L. Great Chamberlain.
L. Chamberlain.
Comes Oxon.
Comes Huntingdon.
Comes Bedford.
Comes Suff.
Comes (fn. 1) Sarum.
Comes Bridgwater.
Comes Leycester.
Comes North'ton.
Comes Denbigh.
Comes Clare.
Comes Westmerland.
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.
Ds. Mowbray.
Ds. Awdley.
Ds. Berkeley.
Ds. Morley.
Ds. Ferrers.
Ds. de Grey.
Ds. Stourton.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Pagett.
Ds. North & Grey.
Ds. Chandos.
Ds. Hunsdon.
Ds. Tenham.
Ds. Brooke.
Ds. Grey de W.
Ds. Lovelace.
Ds. Pawlett.
Ds. Maynard.
Ds. Howard Esc.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard B.
Ds. Wotton.
Ds. Cornwallis.
Ds. Delamer.
Ds. Freschevile.
Ds. Arundell T.
Ds. Butler M. P.


King present.

His Majesty, sitting in His Royal Throne, adorned with His Regal Crown and Ornaments (the Peers likewise being in their Robes), commanded the Gentleman Usher of the Black Rod to signify His Majesty's Pleasure to the House of Commons, "That they attend Him presently."

Bill passed.

The Commons being come, with their Speaker, the Clerk of the Crown read the Titles of these Two Bills; and the Clerk of the Parliaments pronounced His Majesty's Pleasure concerning them:

"1. An Act for the more effectual preserving of the King's Person and Government, by disabling Papists from sitting in either House of Parliament."

"Le Roy le veult."

Royal Assent refused to the Militia Bill.

"2. An Act for preserving the Peace of the Kingdom by raising the Militia, and continuing them in Duty for Two and Forty Days."

"Le Roy (fn. 2) a advisera."


After this, His Majesty made a short Speech, to this Effect:

He told the Lords and Commons, "That He did not refuse to pass this Act for the Dislike of the Matter, but the Manner, because it puts out of His Power the Militia for so many Days. If it had been but for Half an Hour, He would not have consented to it, because of the ill Consequences it may have hereafter, the Militia being wholly in the Crown; and so far as He is enabled by Law to raise the Militia, if they will enable Him with Money to pay them, He shall employ such of them as He thinks fit, and are necessary for the Safety of Himself and the Kingdom."

His Majesty said, "He hath passed the other Bill, which is of very great Importance, of which there may be ill Consequences hereafter. But He was willing to oblige them who have thought it fitting at this Time; and hopes that they will be careful to give Him all due Satisfaction for the future."

D. of Norfolk's Intimation to the House, concerning their taking the Oaths.

This Day the Lord Chancellor, by Intimation from the Duke of Norfolke, acquainted the House with a Doubt that was conceived in Law, "That, if there were not an immediate Proceeding to take the Oaths and Declaration prescribed in the Act, intituled, "An Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament," it would be questionable whether there would be a House of Peers on Monday, to supply that Defect."

And though the Lords were of Opinion, that it was not of absolute Necessity so to do; and that there would be no Danger of dissolving the House by omitting it; yet, nevertheless, for avoiding all Scruples and Objections that might otherwise be made, some of their Lordships did immediately take the said Oaths, and make and subscribe the Declaration, with Resolution to repeat the same on Monday.

Which being done; the House was moved, "To take Notice of the good Service of the Duke of Norfolke herein, before his withdrawing:" Which their Lordships took very well from him; and ORDERED, That a Memorial thereof be entered in the Journal of this House for the Honour of his Grace.

Lords take the Oaths.

Then these Lords following did take the Oaths, and make and subscribe the Declaration, in Pursuance of the Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament:

Dux of Cumberland.
L. Chancellor.
L. Treasurer.
L. Privy Seal.
Dux Albemarle.
Dux of Monmouth.
Marq. of Worcester.
E. of Huntingdon.
E. of Suffolke.
E. of Salisbury.
E. of Bridgwater.
E. of Mulgrave.
E. of Peterborough.
E. of Scarsdale.
E. of St. Alban.
E. of Essex.
E. of Bath.
E. of Craven.
E. of Aylesbury.
E. of Guilford.
E. of Feversham.
Vicecomes Fauconberg.
Vicecomes Newport.
Epus. Durham.
Epus. Gloucester.
Epus. Bangor.
Epus. Oxon.
Epus. Exon.
Epus. Lyncolne.
Ds. Berkeley.
Ds. Ferrers.
Ds. Windsor.
Ds. Brooke.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Freschevile.
Ds. Arundell Trerise.
Ds. Wotton.

L. Awdley recommended to the King:

The Lord Awdley, a Member of this House, taking 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.

Leave given him to travel.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Awdley be, and is hereby, authorized and permitted to travel freely, with Mathieu Massar, Louis de Peire, and Pierre de Brunker, and Henry Le Mar and his Wife, his Lordship's Servants, to any of His Majesty's Sea Ports in this Kingdom, and from thence to pass freely to Flanders without the Lett, Stay, or Interruption, of any Person whatsoever; and this shall be a sufficient Warrant on that Behalf.

Sir Ellis Leighton in Newgate, Leave for his Friends to visit him.

Upon reading the Petition of Sir Ellis Leighton Knight, Prisoner in Newgate, representing his ill Condition of Health, and that he is restrained from Friends and necessary Attendants; and praying, that he may have Pen, Ink and Paper, and Access of Friends, and Servants:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Ellis Leighton shall and may, during his present Sickness, have (besides those Persons already allowed to come to him by His Majesty's Order) the Attendance of a Servant, and the Use of Pen, Ink and Paper, for making of his Will and other Settlements; and this shall be a sufficient Warrant on that Behalf.

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

Pugh, a Priest, apprehended.

This Interlineation and Amendments were made; this 16th of December, 1678, in the Presence of us,


J. Bridgewater.

P. Bath & Wells.

The Lord Chancellor acquainted the House, "That there is one [ (fn. 3) Rob't] Pugh, a Romish Priest, apprehended in Wales; [and that the Lord Archbishop of Cant. had delivered to him] a Faculty, sent [to the said Pugh] from Rome by Cardinal Barbarino in the Year 1650, being of the same Tenor of that found amongst Ireland's Papers."

Which the House ordered should be safely kept, to be made Use of at the Trial of the said Pugh, as Evidence of his being a Priest.

Proceedings in Worcestershire, concerning the Plot.

A Letter, written to the Lord Windsor, from Sir John Packington, was read; giving him an Account what Course is taken in Worcestershire against the Papists.

The Earl of North'ton communicated a Letter and an Examination out of Warwickshire; giving an Account of Affairs there.

Address concerning the Militia.

ORDERED, That the Lords with White Staves do attend His Majesty, humbly to desire Him, from this House, "That, so far as the Militia of this Kingdom may be employed by Law, His Majesty will be pleased to improve it, for the Security of His Majesty and this Kingdom."

A suspicious Person, taken at Gargrave, to be examined, and Papers sent up.

Upon Information given to this House, "That a Person was taken at Gargrave, in Craven, on Wednesday the 12th Instant, with whom were found many Letters to be delivered to one Mr. Standish; which Person was examined by Mr. Marsden, a Justice of the Peace:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mr. Marsden be, and is hereby, authorized and required to peruse the said Letters, and to send such of them to the Clerk of the Parliaments as are in Characters or Cyphers, if any such be, or relate to any Design against His Majesty, or the Subversion of the Government, or the Protestant Religion.

Lloyd, a Priest, taken at Penline, to be tried at Glamorgan.

Upon Information given to this House, by the Marquis of Worcester, "That Lloyd, a Popish Priest, was lately apprehended, in Penline Castle, in the County of Glamorgan; and stands now committed to the Common Gaol of the said County:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lloyd shall remain in the said Goal, in order to his being tried at the Assizes for the said County, according to the Laws of this Kingdom.

Dom. Gratiano to be sent up from Bristol.

Upon reading the Deposition of Dominico Gratiano, now Prisoner in Newgate in the City of Bristol (at the Suit of Josephus Georgerine, who stiles himself a Grecian Bishop), sworn to before Ralph Olliffe, Alderman of the said City, on the 26th Instant, concerning Words uttered by the said Josephus Georgerine:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Sheriffs of the County and City of Bristol be, and are hereby, required to take special Care, and give Order, that the said Dominico Gratiano may be forthwith sent up from the City of Bristol, in Safety, to attend the House of Peers; and this shall be a sufficient Warrant on that Behalf.

To the Sheriffs of the County and City of Bristol, and to the Keeper of Newgate there, and all other Persons concerned.


Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, secundum diem Decembris, 1678, hora decima Aurora, Dominis sic decernentibus.


  • 1. Origin. Surum.
  • 2. Sic.
  • 3. The Words included within Crotchets are interlined in the Original.