House of Lords Journal Volume 12: 4 May 1675

DIE Martis, 4 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Augustine Congregation, Trinity the Less, German Church Bill.

Hodie 1^a vice lecta est Billa, "An Act for vesting and settling the Site and Ground of the late Parish Church and Church-yard of Trinity the Less in Trustees, for the Augustane Protestant German Congregation in London."

P. Rupert's Bill.

The Earl of Shaftsbury reported, "That the Committee considered the Bill for Confirmation of Letters Patents granted to Prince Rupert; and have heard all Persons therein concerned, and have made Amendments therein, and added a Proviso; which are offered to the Consideration of the House."

Then the said Amendments and Proviso were read Twice, and Agreed to; and the said Bill ordered to be engrossed, with these Amendments.

Bill to explain the one concerning Popish Recusants.

The Lord Privy Seal reported, "That the Committee have considered the Bill for Explanation of the Bill for preventing Dangers which may happen from Popish Recusants; wherein they have made several Amendments, which are offered to their Lordships Consideration."

Which Amendments, being read Twice, were Agreed to; and the said Bill ordered to be engrossed accordingly.

Cotton's Bill.

Hodie 2^a vice lecta est Billa, "An Act to enable Charles Cotton Esquire to sell Land, for the Payment of Debts, and raising Portions for Younger Children."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Their Lordships, or any Five of them; to meet To-morrow Morning, at Nine of the Clock, in the Prince's Lodgings; and to adjourn themselves as they please.

Heads for securing the Protestant Retigion.

ORDERED, That To-morrow Morning the House shall be put into a Committee, to proceed in the Consideration of Heads for a Bill to secure the Protestant Religion.

Bill to prevent Dangers from disaffected Persons.

Next, the House was adjourned into a Committee, to proceed in the Debate of the Matter Yesterday reported, touching the Bill to prevent the Dangers which may arise from Persons disaffected to the Government.

The House being resumed;

The Lord Privy Seal reported, "That the Committee have been in Debate of adding these Words to the First Enacting Clause in the said Bill, after the Words ["Justices of the Peace"], ["or have or shall have Right to sit and vote in either House of Parliament"]; and do think it fit that those Words be added to that Clause, after the Words ["Justices of the Peace"].

The Question being put, "Whether to agree with the Committee herein?"

It was Resolved in the Affirmative.

Memorandum, That, before the putting of the abovesaid Question, these Lords following desired Leave to enter their Dissents, if the Question was carried in the Affirmative; and accordingly did enter their Diffents, as followeth:

Protest against a Clause in it, imposing an Oath on the Members of both Houses.

"Whereas, upon the Debate on the Bill, intituled, "An Act to prevent the Dangers which may arise from Persons disaffected to the Government," it was ordered, by the House of Peers, the 30th of April last, That no Oath should be imposed, by any Bill, or otherwise, upon the Peers, with a Penalty, in Case of Refusal, to lose their Places and Votes in Parliament, or Liberty of Debates therein; and whereas also, upon Debate of the same Bill, it was ordered, the Third of this Instant May, That there shall be nothing in this Bill which shall extend to deprive either of the Houses of Parliament, or any of their Members, of their just ancient Freedom and Privilege of debating any Matters or Business which shall be propounded or debated, in either of the said Houses, or at any Conferences or Committees of both or either of the said Houses of Parliament, or touching the Repeal or Alteration of any old, or preparing any new Laws, or the redressing of any public Grievance; but that the said Members of either of the said Houses, and the Assistants of the House of Peers, and every of them, shall have the same Freedom of Speech, and all other Privileges whatsoever, as they had before the making of this Act; both which Orders were passed as previous Directions to the Committee of the whole House to whom the said Bill was committed, to the End that nothing should remain in the said Bill which might any Ways tend towards the depriving of either of the Houses of Parliament, or any of their Members, from their ancient Freedom of Debates or Votes, or any other their Privileges whatsoever: Yet the House being pleased, upon the Report of the said Committee, to pass a Vote, That all Persons who have, or shall have, Right to sit and vote in either House of Parliament, should be added to the First Enacting Clause in the said Bill, whereby an Oath is to be imposed upon the Members of either House; which Vote we whose Names are underwritten, being Peers of this Realm, do humbly conceive is not agreeable to the said Two previous Orders; and it having been humbly offered and insisted upon by divers of us, that the Proviso in the late Act, intituled, "An Act for preventing Dangers which may happen from Popish Recusants," might be added to the Bill depending, whereby the Peerage of every Peer of this Realm, and all their Privileges, might be preserved in this Bill, as fully as in the said late Act; yet the House not pleasing to admit of the said Proviso, but proceeding to the passing of the said Vote, we do humbly, upon the Grounds aforesaid, and according to our undoubted Right, enter this our Dissent from, and Protestation against, the same:

"Buckingham.
Bedford.
Winchester.
Salisbury.
Dorsett.
J. Bridgewater.
Basill Denbigh.
Stamford.
Howard E. of Bercks.
Clarendon.
Mohun.
Shaftesbury.
Delamer.
P. Wharton.R. Eure."

ORDERED, That on Thursday Morning next the House shall be again put into a Committee, to proceed in the Consideration of the Bill to prevent the Dangers which may arise from Persons disaffected to the Government.

Hallet versus Kendall.

ORDERED, That the Counsel which were appointed to be heard on Wednesday the 5th of this Instant May, to proceed in the Cause depending between Mary Hallet Widow Plaintiff, and Thomas Kendall and his Wife Defendants, be, and are hereby, appointed to be heard, at the Bar of this House, on Friday the 14th Day of this Instant May, at Three of the Clock in the Afternoon.

E. of Lincoln versus Woodward.

Whereas Henry Woodward was, by Order of the 26th of April last, required to put in his Answer in Writing, on Monday the 3d Instant, to the Petition of Edward Earl of Lyncolne, depending in this House, complaining of a Decree made in the Court of Chancery last Term, concerning the quieting the Possession of the said Henry Woodward in the Lodge and Park of Tattershall Castle; it appearing this Day upon Oath, "That the said Henry Woodward was served with the said Order on Thursday last," yet hath not put in his Answer as was required:

It is this Day ORDERED, That the serving of this Order upon the said Henry Woodward's Clerk in the Court of Chancery, shall be a sufficient Warning for the said Henry Woodward's putting in his said Answer within One Week next after such serving of this Order as aforesaid.

D. Bucks, Privilege. James Ruddock & al. to be attached, for arresting Jones his Servant, and refusing to appear.

Whereas Robert James, of the Parish of The Savoy, Taylor, John Ruddock, and Henry Lawson, Bailiffs belonging to the Sheriffs of Midd. were, by Order of the 14th of April last, summoned to appear at the Bar on the Sixteenth Day of the said Month, for arresting William Jones, menial Servant to the Duke of Bucks, a Peer of this Realm, on the 8th Day of April last, contrary to the Privilege of Parliament; it appearing this Day, upon Oath made at the Bar, "That the said Robert James, John Ruddock, and Henry Lawson, were served with the said Order," and yet have not appeared.

It is thereupon ORDERED, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Bodies of the said Robert James, John Ruddock, and Henry Lawson, and bring them and every of them in safe Custody to the Bar of this House, to answer for their said Offence and Contempt; and this shall be a sufficient Warrant on that Behalf.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 5^tum diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.

Lords take the Oath of Allegiance.

After the Adjournment of this House, these Lords whose Names are underwritten, did, in the Presence of the Lord Keeper and a competent Number of His Majesty's Privy Council, kneeling at the Woolsack whereupon the Lord Keeper sits, take the Oath of Allegiance, provided and mentioned in the Act of Parliament 3° Jacobi Regis.

The Gentleman Usher of the Black Rod held the Bible, and the Clerk of the Crown read the Oath.