House of Commons Journal Volume 9: 13 October 1675

Mercurii, 13 die Octobris, 1675.

Prayers.

Message to attend the King.

A MESSAGE from his Majesty, by Sir Edward Carterett Usher of the Black Rod;

Mr. Speaker,

The King commands this honourable House to attend him immediately in the House of Lords.

And accordingly Mr. Speaker, with the House, went up to attend his Majesty in the House of Lords.

Mr. Speaker, and the House, being returned;

The King's Speech reported.

Mr. Speaker reports, That the Croud being great, and Noise much, he could not well hear, nor would take upon him to report, the King's Speech: And that, to prevent Mistakes, he had obtained a Copy of what was delivered by his Majesty: Which he read to the House; and is as followeth; viz.

My Lords and Gentlemen,

I MEET you now with a more than usual Concern for the Event of this Session; and I know it is but what may reasonably be expected from that Care I owe to the Preservation of the Government. The Causes of the last Prorogation, as I, for My Part, do not desire to rememto be by any Writ of Habeas Corpus, or other Authority whatsoever, made to appear, and answer, and do and receive a Determination in the House of Peers, during that Session of Parliament, wherein such Person was so committed.

Resolved, Nemine contradicente That the Order of the House of Peers, for the issuing out of Writs of Habeas Corpus, concerning Serjeant Peck, Sir John Churchill, Serjeant Pemberton, and Mr. Charles Porter, is insufficient and illegal; for that it is general, and expresses no particular Cause of Privilege; and commands the King's Great Seal to be put to Writs not returnable before the said House of Peers.

Resolved, Nemine contradicente, That the Lord Keeper be acquainted with these Resolutions; to the End that the said Writ of Habeas Corpus may be superseded, as contrary to Law, and the Privileges of this House.

Resolved, Nemine contradicente, That a Message be sent to the Lords, to acquaint them, that Serjeant Peck, Sir John Churchill, Serjeant Pemberton, and Mr. Charles Porter, were committed by Order and Warrant of this House, for Breach of the Privilege, and Contempt of the Authority of this House.

Ordered, That Colonel Birch do go up to the Lords with the Message.

Resolved, &c. That a Conference be desired with the Lords, upon the Subject Matter of the last Conference.

Ordered, That Colonel Birch do go up to the Lords, to desire the Conference.

Trade with France.

Mr. Powell reports from the Committee to whom it was referred to consider of the Trade between England and France, and the Mischief and Inconveniencies by the Over-balancing the Trade of England by France, That the Committee had prepared and drawn up a State of the Balance of the Trade between England and France.-

Message to attend the King.

A Message from the King, by Sir Edward Carterett Usher of the Black Rod;

Mr. Speaker,

The King commands this honourable House to attend him immediately in the House of Lords.

Parliament prorogued.

And accordingly Mr. Speaker, with the House, went up; where his Majesty was pleased to prorogue both Houses of Parliament, to the Thirteenth Day of October next.

ber, so, I hope, no Man else will, unless it be to learn from thence how to avoid the like Occasions for the future; And I pray, consider how fatal the Consequences may be; and how little Benefit is like to redound to the People, by it. However, if any thing of that kind shall arise, I desire you would defer those Debates, till you have brought such publick Bills to Perfection, as may conduce to the Good and Safety of the Kingdom: And particularly I recommend to you whatever may tend to the Security of the Protestant Religion, as it is now established in the Church of England. I must likewise desire your Assistance in some Supplies; as well to take off the Anticipations which are upon My Revenue, as for the Building of Ships. And, though the War hath been the great Cause of these Anticipations; yet I find, by a late Account I have taken of My Expences, that I have not been altogether so good an Husband as I might have been, and as I resolve to be for the future; although, at the same time, I have had the Satisfaction to find, that I have been far from such an Extravagancy in My own Expence, as some would have the World believe. I am not ignorant; that there are many who would prevent the Kindnesses of My Parliament to Me, at this time: But I as well know, that your Affections have never failed Me; and you may remember it is now above Three Years, since I have asked you any thing for My own Use.

Speech to be considered.

Resolved, &c. That the Consideration of his Majesty's Speech be deferred to Monday Morning next.

Papists not to sit in Parliament.

A Bill for hindering Papists to sit in either House of Parliament, was read the First time.

Resolved, &c. That this Bill be read a Second time.

Grand Committees.

Ordered, That the Grand Committee for Religion do sit every Monday, at Two of the Clock in the Afternoon, in the House.

Ordered, That the Grand Committee for Grievance^s do sit every Wednesday, at Two of the Clock in the Afternoon, in the House.

Ordered, That the Grand Committee for Trade do sit every Friday, at Two of the Clock in the Afternoon, in the House.

Ordered, That the Grand Committee for Courts of Justice do sit every Saturday in the House, at Two of the Clock in the Afternoon.

New Writs to be issued.

Ordered, That Mr. Speaker do issue Warrants to the Clerk of the Crown, to make out Writs, for Election of Members, in all Places vacant by Death or Removal, where there was no Claim depending.

Ordered, That Mr. Speaker do issue out his Warrant to the Clerk of the Crown, to make out a new Writ, for Election of a Member to serve as Knight of the Shire for the County Palatine of Durham, in the room of Thomas Vane Esquire, lately deceased.

Ordered, That Mr. Speaker do issue forth his Warrant to the Clerk of the Crown, to make out a new Writ, for the Election of a Member to serve as Knight of the Shire for the County of Oxford, in the room of Sir Anthony Cope Knight, lately deceased.

Ordered, That Mr. Speaker do issue out his Warrant to the Clerk of the Crown, to make out a new Writ, for the Election of a Member to serve as Knight of the Shire for the County of Dorsett, in the room of Giles Strangwayes Esquire, lately deceased.

Ordered, That Mr. Speaker do issue out his Warrant to the Clerk of the Crown, to make out a new Writ, for the Election of a Member to serve for the Borough of Eye in the County of Suffolke, in the room of Charles Cornwallis, Esquire, lately deceased.

Ordered, That Mr. Speaker do issue out his Warrant to the Clerk of the Crown, to make out a new Writ, for the Election of a Member to serve for the Borough of Burrowbridge in the County of Yorke, in the Place of Sir Richard Mauleverrer Knight and Baronet, lately deceased.

Committee of Privileges

Ordered, That a Committee of Elections and Privileges be appointed of these Members following: viz. Sir John Covert, Sir Edw. Masters, Sir John Hanmer, Sir John Brampston, Mr. King, Sir Robert Carr, Sir Richard Temple, Sir John Knight, Mr. Eyres, Mr. Edward Boscowen, Sir Robert Barnham, Mr. Spry, Sir Adam Broone, Sir Hen. Ford, Sir Gilbert Gerrard, Sir Courtney Poole, Mr. Swynfen, Mr. Serjeant Charlton, Sir Edward Windham, Sir John Birkenhead, Mr. Secretary Williamson, Colonel Sands, Sir Wm. Hayward, Sir Tho. Meres, Mr. Onslowe, Mr. Robert Wright, Sir Trever Williams, Mr. Westfaling, Sir Winston Churchill, Lord Hawley, Sir Wm. Moore, Mr. Serjeant Maynard, Sir Robert Kempe, Sir Francis Clarke, Sir John Pettus, Mr. Walker, Sir Richard Everrard, Sir John Shawe, Mr. Peirpoint, Sir Wm. Windham, Mr. Peircy Goring, Mr. Wynn, Colonel Kirby, Mr. Darcy, Sir Allen Apsley, Sir Tho. Windham, Sir John Mallett, Sir Tho. Littleton, Sir Anth. Irby, Mr. Waller, Lord Cavendish, Mr. Crouch, Mr. Morrice, Sir Tho. Lee, Sir Copleston Bampfeild, Mr. Powle, Sir John Lowther, Lord Bulkley, Sir Jeoff. Shackerley, Sir Francis Drake, Sir Richard Ford, Sir Robert Thomas, Sir Tho. Clergis, Sir Leoline Jenkins, Mr. Foote, Sir Gilbert Talbott, Sir Edm. Jenings, Mr. Sawyer, Lord Allington, Sir Allen Broderick, Sir Roger Bradshawe, Sir Nich. Carew, Mr. Williams, Mr. Hugh Boscowen, Mr. Garraway, Lord Fitzharding, Mr. Hen. Goring, Sir Edward Deering, Sir Wm. Wentworth, Mr. Sacheverell, Sir Wm. Bucknall, Sir Tho. Byde, Lord Angier, Sir Franc. Russell, Mr. Weld, Sir Phill. Warwick, Sir Joseph Tredinham, Mr. Maynard, Mr. Serjeant Jones, Sir Hen. Capell, Sir Phill. Musgrave, Sir Eliab. Harvey, Sir Nicholas Pedley, Mr. Cheney, Sir Charles Harbord, Mr. Hampden, Mr. Attorney Mountague, Sir Edward Baynton: And all that come are to have Voices: And they are to meet this Afternoon, at Four of the Clock, in the Speaker's Chamber; and to meet every Tuesday, Thursday, and Saturday; and do take into Consideration all such Matters as shall or may come in Question touching Returns, Elections, and Privileges; and to proceed upon Double Returns in the first Place; and report their Proceedings, with their Opinions therein, to the House: And all Persons that will question Returns already made, are to do it in Fourteen Days next; and so in Fourteen Days, after any new Return shall be brought in: And the Committee is to have Power to receive Petitions; and to send for Witnesses, Persons, Papers, and Records, for their Information; and to make Report of any Matter which may concern Breach of Privilege, with their Opinions therein: And all Members that are returned for Two or more Places, to make their Elections by this Day Three Weeks, for which of the Places they will serve; provided there be no Question upon the Return for that Place: And if any thing shall come in Question touching the Return, or Matter of Privilege, of any Member of this Committee, such Member is to withdraw during the Time the Matter, which concerns himself, is in Debate.

Tiverton Election.

A Petition of Sir Hugh Ackland was read.

Resolved, &c. That this Petition be referred to the Committee of Privileges and Elections; to take into Consideration the Regularity of the Return for the Town of Tiverton in the County of Devon; and to report the Matter, with their Opinions therein, to the House.

The House interpose to prevent a Quarrel.

The House being informed of some Matter of Difference likely to happen between the Lord Cavendish, Sir Thomas Meres and Mr. Thomas Howard;

Ordered, That Mr. Speaker be obliged to send for Mr. Thomas Howard: And that the Lord Cavendish and Sir Thomas Meres do attend Mr. Speaker, at his House, this Day, at Dinner.

Ordered, That the Lord Cavendish and Sir Thomas Meres be injoined not to prosecute any Quarrel against Mr. Thomas Howard, or to send or accept any Challenge, in order thereto, without acquainting the House.

Paper reflecting on a Member.

A Paper, signed Howard, Richmond, and Carlisle, being produced, and read;

Ordered, That such Person as shall own the Paper now produced, and read, be committed to the Custody of the Serjeant at Arms attending this House, and there kept, during the Pleasure of this House.

And then the House adjourned till Monday Morning next, Eight of the Clock.