Journal of the House of Lords: Volume 11, 1660-1666. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Lunæ, videlicet, 10 die Junii.
Domini præsentes fuerunt:
|His Royal Highness the Duke of Yorke.|
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
L. Great Chamberlain.
Viscount Say et Seale.
Viscount de Stafford.
Ds. Berkley de Berkley.
Ds. Gerard de Bromley.
Ds. Arrundell of Warder.
Ds. Howard de Charlt.
Ds. Grey de Wark.
Ds. Howard de Esc.
Ds. Herbert de Cherb.
Ds. Gerard de Brandon.
Ds. Berkeley de (fn. 1) Stratton.
PRAYERS, by Dr. Hodges.
L. Abergavenny's Bill.
Hodie 2a vice lecta est Billa, "An Act for enabling John Lord of Abergaveny, Son and Heir of Henry Lord of Abergaveny, to sell certain Lands, for Payment of his Debts, and Preferment of his Brother and Sisters."
ORDERED, That the Consideration of this Bill be committed to these Lords following:
Their Lordships, or any Five; to meet To-morrow Morning, at Eight of the Clock, in the Prince's Lodgings; and have Power to adjourn from Time to Time, as they see Cause; and to hear all Parties concerned.
Report of the Conference about H. C. naming Time, &c. for the Conference; and concerning the Bill for preserving the King's Person.
The Lord Chancellor reported the Matter of the Conference with the House of Commons on Saturday last, to this Effect: "That he acquainted the House of Commons with their Lordships Exception to their last Message, appointing the Time and Place for the Free Conference, which their Lordships hold to be a Breach of Privilege: To which the Members of the House of Commons replied, That the same was only a Mistake; and they will take Care for the future that no such Message shall be sent to their Lordships, nor no such Entry made in their Books by their Clerk.
"As to the Matter of the late Free Conference, the Commons say, They have a great Desire to satisfy their Lordships; and therefore, upon better Consideration, they conceive their Lordships had Reason to insist upon that Parenthesis added by their Lordships, to be put into the Bill for Preservation of the King's Person and Government, (videlicet) ["saving the Peerage"]: Therefore they agree with their Lordships, that that Parenthesis should stand in the Bill. But as concerning the Matter of the Proviso added by their Lordships, they agree to the Matter of it, but not to the Manner; therefore they have thought fit to add a Clause to the said Proviso, which they offer to their Lordships Consideration."
Bill for preserving the King's Person.
Then the said additional Clause was read.
And, after some Debate thereof, the Question being put, "Whether to concur with the House of Commons in these Amendments?"
It was Resolved in the Affirmative.
Message to H. C. about it.
A Message was sent to the House of Commons, by Dr. Childe and Dr. Escott:
To let them know, that this House agrees with them in the Amendments and Additions delivered at the late Free Conference, concerning the Bill for Preservation of the King's Person and Government.
The Messengers return with this Answer:
That they have delivered their Message abovesaid to the House of Commons.
L. Conway, Leave to be absent.
ORDERED, That the Lord Viscount Conway hath Leave to be absent from this House, and to go into Ireland.
Order for a Habeas Corpus for Bushell to attend his Cause in this House.
Report being made from the Committee of Petitions, "That Mr. Thomas Bushell, having a Petition depending before their Lordships by Order of this House, is restrained from following of the same, by reason that he lieth under Execution in the Prison of Newgate:"
It is ORDERED, by the Lords in Parliament assembled, That the Clerk of the Crown, or his Deputy, shall, upon Sight hereof, issue forth a Writ of Habeas Corpus, whereby the said Thomas Bushell shall have his Liberty, de Die in Diem, to follow his Business before their Lordships, until it shall be ended; provided that the said Thomas Bushell shall first give good Security to the Keeper of Newgate, to render himself a true Prisoner again unto him at the End of his Business before their Lordships. And this to be a sufficient Warrant in that Behalf.
Oaths of Supremacy and Allegiance:
Next, the Oaths of Supremacy and Allegiance were read, according to the Order of 6 June Instant.
Then the Lord Lexinton acquainted the House, "That he had a Petition delivered to him by some Gentlemen at the Door of this House, which concerns the Business now in Hand."
The Persons, being at the Door, were called in; and the said Petition being shewed to them, they owned the Petition and their Names subscribed.
Upon this, the House commanded the said Petition to be read; which was accordingly done, the Contents whereof follows:
Petition of Roman Catholics, about them.
"To the most Noble the House of Peers in this present Parliament assembled.
"The humble Petition of divers of His Majesty's most loyal and most obedient Romain Catholic Subjects, in the Name of themselves and others of that Persuasion;
"That whereas your Petitioners having, for the Space of Eighty Years and upwards, with all Patience and Submission, groaned under grievous Afflictions, through the heavy Penalties and Incapacities laid upon those of their Religion by several Laws still in Force against them; but (above all) by having their unalterable Loyalty to His Majesty, His Sacred Person, Crown, and Dignity, brought daily in Question, by the pressing upon them certain Oaths, which they in no Ways refuse to take for any Expression in them necessary to the Assurance of their exact Fidelity, Duty and Allegiance; do at length presume to implore the Favour of this Honourable House, towards the procuring them some Ease and Relief in their sad Condition.
"They are far from laying Aspersion upon the former Times, wherein such severe Laws were made against them: It hath been God's Will, to make the Generality of Catholics suffer so long, for the Faults of some ill Men. But they humbly conceive that they may with Modesty enough represent unto your Lordships, the unblemished Fidelity wherewith all those of that Profession (without Exception) have adhered unto His Majesty in Times of so great Defection from Loyalty; and (upon that Ground) that they may reasonably hope not to be excluded from the Benefit of His Majesty's Gracious Intentions to all His Subjects in general, in Point of tender Consciences; which He hath been pleased so piously to express in several Declarations, and particularly in the Point of Oaths so penned as might occasion Scruple.
"And your Petitioners being most confident that (upon this humble Representation) your Lordships will lay so just a Suit to Heart, they do (as to the Manner of obtaining it) leave all to your great Wisdom and Piety.
"And shall daily pray, &c.
Francis Carington, alias Smith.
After a long Debate: It is ORDERED, That this Debate shall be resumed To-morrow Morning, concerning the Oaths read this Day.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 11um diem instantis Junii, hora decima Aurora, Dominis sic decernentibus.