House of Lords Journal Volume 11: 30 July 1661

DIE Martis, 30 die Julii.

Domini præsentes fuerunt:

L. Chief Justice of the Common Pleas, Speaker this Day.

REX.

PRAYERS, by Dr. Hodges.

Message to H. C. for a Conference, concerning the Bill for repairing Streets in Westminster, &c.

A Message was sent to the House of Commons, by Doctor Bennett and Doctor Wolridg:

To desire a present Free Conference, in the Painted Chamber, touching the late Conference concerning the Bill for mending the Highways about Westm.

Lords Protestation, to save their Privileges, concerning it.

Next, the House took into Consideration what is fit to be delivered at the said Free Conference; and first this House made this Entry following, for the Saving of their Privileges; videlicet,

"That the Commons rejecting a Bill, intituled, "An Act for paving, repairing, and cleansing, the Streets and Highways of Westm. and Parts adjacent," sent to them from the Lords, upon those Grounds expressed by them at a Conference with the Lords, videlicet, "That no Bill ought to begin in the Lords House, which lays any Charge or Tax upon any of the Commons;" which Assertion this House doth adjudge to be against the inherent Privileges of the House of Peers, as by several Precedents wherein Bills have begun in the Lords House, videlicet, 5^to Elizabethæ, a Bill for the Poor, and 31 Eliz. for Repair of Dover Haven, and divers other Acts, does appear; yet the Lords, out of their tender and dutiful Respects to His Majesty, who is much incommodated by the Neglect of those Highways and Sewers mentioned in the Bill, they have for this Time, in that respect alone, given Way to the Bill now in Agitation, which came from the House of Commons, with a Proviso of their Lordships; videlicet, "Provided always, That nothing in the passing of this Bill, nor any Thing therein contained, shall extend to the Prejudice of the Privileges of both or either of the Houses of Parliament, or any of them; but that all the Privileges of the said Houses, or either of them, shall be and remain, and be construed to be and remain, as they were before the passing of this Act, any Thing therein contained to the contrary notwithstanding; with this Protestation, That this Act shall not be drawn into Example to their Prejudice for the future."

At this Conference, the Lord Privy Seal is to deliver the Proviso now read, as an Expedient; and to acquaint them with the Precedents of 5^to Eliz. for the Poor, and that Bill of 31° Eliz. concerning the Repair of Dover Haven; both which Bills had their First Beginnings in this House.

Answer from H. C.

The Messengers return with this Answer from the House of Commons:

That they will give their Lordships a Free Conference, as is desired.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Order to cleanse Westm. Streets.

ORDERED, That the Order for cleansing the Streets in Westm. and the Liberty thereof, be forthwith printed and published.

Message to H. C. for a further Conference.

A Message was brought from the House of Commons, by Sir Baynham Throckmorton and others:

To desire a Conference, touching the Matter of the last Free Conference.

The Answer returned was:

Answer.

That this House will give a present Conference, and appoints it to be in the Painted Chamber.

The Lord Treasurer, the Lord Privy Seal, and the Lord Chamberlain, are appointed to report this Conference.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference, concerning the Bill for repairing Streets in Westm. &c.

The Lord Privy Seal reported the Effect of this Conference with the House of Commons: "That Mr. Solicitor said, That though their Lordships Proviso looked equal, yet it was not so: The House of Commons could not agree to it; for it did insinuate a Right which their Lordships claimed, which they could not admit: Yet, to give their Lordships Satisfaction, they have offered an Amendment to the Proviso."

Which Amendment being read and considered of, the House was of Opinion, "That the said Amendment did destroy the Proviso."

Therefore the Question being put, "Whether to adhere to the Proviso formerly offered by this House to the Bill concerning repairing the Highways of Westm.?"

It was Resolved in the Affirmative.

Dr. Hodges, Chaplain to this House, recommended to the King, for Preferment.

Whereas this House is very sensible of the constant and diligent Attendance that Doctor Hodges hath made, both in this and the last Parliament, upon the House of Peers, and saying Prayers daily before their Lordships:

It is ORDERED, by the Lords in Parliament assembled, That the Lord Treasurer of England, the Lord Chamberlain of the King's Household, the Earl of Anglesey, and the Lord Holles, are, by virtue of this Order, specially to recommend, in the Name of this House, the said Doctor Hodges to His Majesty, for some good Ecclesiastical Preferment: And further, that His Majesty be moved by their Lordships, that the Archbishop of Cant. and the Bishop of London may be appointed by His Majesty, to find out some such Preferment as may answer the Desire of this House on the Behalf of the said Doctor; which their Lordships pray may be conferred upon him accordingly.

E. of Lincoln versus Goodman.

Upon the Oath of Thomas Blayton Gentleman; informing this House, "That Laurance Goodman Gentleman entered on Part of the Lands belonging to the Earl of Lyncolne, in Threckingham, in the County of Lyncolne, and disturbed his Lordship's quiet Possession, and destroyed the Mounds and Hedges, and by Force took away Part of the Hay there being; although he was informed that it belonged to the said Earl, a Peer of this Realm, and Member of Parliament, and that his Doings were contrary to the Privilege of Parliament:"

It is ORDERED, by the Lords in Parliament assembled, That the said Laurance Goodman shall appear before this House on Tuesday Fortnight after the Meeting of this Parliament next after the Adjournment, to answer the Complaint made against him for the Breach of the Privilege of this Parliament: And herein he may not fail, as he will answer the contrary to this House.

Bills to regulate Gaols, and concerning Tithes.

ORDERED, That Mr. Attorney General do prepare a Bill, against the next Meeting, for the better ordering the Common Gaols and Houses of Correction, in the several Counties of England and Wales; and also he is to prepare another Bill, whereby any Person may be enabled to give any Tithes, or to create Tithes where none in Kind is payable, to be in Succession to any Parsonage or Vicarage within the Precinct wherein the Lands lie out of which the Tithes issue, by Deed enrolled in any of the Courts of Westm.

Poors Money.

ORDERED, That the Remainder of the Monies gathered in this House for the Poor, shall be given to the Poor of the Parish of St. Margarett's Westm.

The King present.

This Day His Majesty came to the House; and, sitting in His Throne, arrayed with His Royal Robes, the Peers likewise sitting in their Robes, the King gave Command to the Gentleman Usher of the Black Rod, to give Notice to the House of Commons, that they attend His Majesty forthwith.

And accordingly they came up with their Speaker, who made this Speech following:

Speaker of H. C. Speech.

"May it please Your Most Excellent Majesty,

"The Wise Man tells us, There is a Time to sow, and a Time to reap. Since Your Majesty did convene the Knights, Citizens, and Burgesses of the Commons House of Parliament, they have with unwearied Labour consulted for the Service of Your Majesty and the Good of this Nation; and now the Fields grow white to Harvest. In the great Field of Nature, all Fruits do not grow ripe together; but some in One Month, some in another: One Time affords Your Majesty Primroses and Violets; another Time presents You with July-flowers. So it is in the Course of our Proceedings: Some of our Fruits are in the Blossom, when others are in the Bud; some are near ripe, and others fit to be presented to Your Majesty. Amongst the Number of our choicest ripe Fruits, we first present You with a Bill for the Safety and Preservation of Your Majesty's Royal Person and Government.

"Your Predecessor Queen Elizabeth, of Famous Memory, in the Thirteenth Year of Her Reign, by Pius Quintus, then Bishop of Rome, was excommunicated and anathematized. John Felton posted up a Bull at the Bishop of London's Palace, whereby She was declared to be deprived of Her Title to the Kingdom, and all the People of this Realm absolved from their Allegiance to Her; the Queen of Scotts was then a Prisoner in England; and the Duke of Norfolk, for many Designs against our Queen, committed to The Tower. Historians tell us, the Times were very troublesome, full of Suspicions and Conspiracies. But, Sir, what then was only feared, hath in our Time been put in Execution. No Age hath known, no History makes Mention of, such sad Tragedies. It therefore now becomes Your People, after this glorious Restitution, to endeavour all just Ways of Preservation.

"The Queen, in Her Time of Trouble and Danger, summoned a Parliament; and such was the Love of the People to Her and Her Government, that they forthwith made a Law for Her Security. According to which Precedent, we Your loyal Commons also, who have before them no less Cause of Fear, but more Obligations and Affection to Your Majesty, do humbly tender You a Bill, wherein we desire it may be enacted, "That if any Person shall compass, imagine, or design, Your Majesty's Death, Destruction, or Bodily Harm, to imprison or restrain Your Royal Person, or depose You, or shall levy War against Your Majesty within or without Your Realm, or stir up any Foreign Power to invade You, and shall express or declare such his wicked Intention by Printing, Writing, Preaching, or malicious and advised Speaking, being thereof legally convicted, shall be adjudged a Traitor."

"And, because much of our late Misery took its Rise from seditious Pamphlets, and Speeches from the Pulpits, it is provided, "That if any Man shall maliciously and advisedly publish or affirm Your Majesty to be an Heretic, or a Papist, or that You endeavour to introduce Popery, or shall stir up the People to Hatred or Dislike of Your Royal Person or Government, then every such Person shall be made incapable of any Office or Employment either in Church or State; and if any Man shall maliciously and advisedly affirm, that the Parliament begun at Westm. the Third of November, 1640, is yet in Being; or that any Covenant or Engagement since that Time imposed upon the People doth oblige them to endeavour a Change of the Government either in Church or State; or that either or both Houses of Parliament have a Legislative Power without Your Majesty; then every such Offender, being thereof legally convicted, shall incur the Penalties of a Premunire, mentioned in the Statute made 16 R. II."

"In the next Place, Sir, give me Leave, I beseech You (without any Violence to the Act of Oblivion), to remember a sad Effect of the Distempers in the last Age. When the Fever began to seize upon the People, they were impatient till they lost some Blood. The Lords Spiritual, who in all Ages had enjoyed a Place in Parliament, were by an Act of Parliament excluded.

"Your Majesty's Royal Grandfather was often wont to say, "No Bishop, No King." We found His Words true; for, after they were put out, the Fever still increasing, in another Fit the Temporal Lords followed, and then the King Himself. Nor did the Humour rest there; but, in the Round, the House of Commons was first garbled, and then turned out of Doors.

"It is no Wonder, when a Sword is put into a Madman's Hand, to see him cut off Limb by Limb, and then to kill himself.

"When there is a great Breach of the Sea upon the Low Grounds, by the Violence of the Torrent, the Rivers of Sweet Waters are often turned aside, and the Salt Waters make themselves a Channel; but when the Breach is made up, good Husbands drain their Lands again, and restore the ancient Sewers.

"Thanks be to GOD, the Flood is gone off the Face of this Island. Our Turtle Dove hath found good Footing. Your Majesty is happily restored to the Government; the Temporal Lords and Commons are restored to sit in Parliament. And shall the Church alone now suffer ?

"Sit Ecclesia Anglicana libera, et habeat Libertates suas illæsas.

"In order to this great Work, the Commons have prepared a Bill to repeal that Law (fn. 1) which was made in 17 Caroli, whereby the Bishops were excluded this House: These Noble Lords have all agreed; and now we beg Your Majesty will give it Life. Speak but the Word, Great Sir; and Your Servants yet shall live.

"We cannot well forget the Method, how our late Miseries, like Waves of the Sea, came in upon us: First, The People were invited to petition, to give Colour to some illegal Demands. Then they must remonstrate, then they must protest, then they must covenant, then they must associate, then they must engage against our lawful Government, and for the Maintenance of the most horrid Tyranny that ever was invented. For the Prevention of this Practice for the future, we do humbly tender unto Your Majesty a Bill, intituled, "An Act against Tumults and Disorders, upon Pretence of preparing or presenting Public Petitions, or Addresses, to Your Majesty or the Parliament."

"In the next Place, we held it our Duty to undeceive the People, who have been poisoned with an Opinion, that the Militia of this Nation was in themselves, or in their Representatives in Parliament; and, according to the ancient known Laws, we have declared the sole Right of the Militia to be in Your Majesty. And forasmuch as our Time hath not permitted us to finish a Bill intended for the future ordering of the same; we shall present You with a temporary Bill, for the present managing and disposing of the Land Forces; and likewise another Bill for establishing certain Articles and Orders for the Regulation and Government of Your Majesty's Navies and Forces by Sea.

"According to Your Majesty's Commands, we have examined many of the Public and Private Bills which passed last Parliament; and have prepared some Bills of Confirmation. We have also ascertained the Pains and Penalties to be imposed upon the Persons or Estates of those Miscreants who had a Hand in the Murder of Your Royal Father of Blessed Memory, and were therefore excepted in Your Majesty's Act of Oblivion; wherein we have declared to all the World, how just an Indignation we had against that horrid Regicide.

"We have likewise prepared a Bill for the Collection of great Arrears of the Duty of Excise; which I do here, in the Name of the Commons, humbly present unto Your Majesty. The Reason, we conceive, why it was not formerly paid, was because the People disliked the Authority whereby it was imposed. But, understanding that it is now given to Your Majesty, it will come in with as great Freedom; aliquisque Malo erit Usus in illo.

"Your Majesty was pleased, at the Opening of the Parliament, to tell us, "That you intended this Summer to take a Progress, and see Your People, and at Your Return did hope to bring a Queen Home with You." Sir, This welcome News hath made us cast about all Ways for Your Accommodation. And therefore, that no Conveniencies might be wanting, either for Your Majesty, Your Queen, or Your Attendants, we have prepared a Bill, intituled, "An Act for providing necessary Carriages, in all Your Royal Progresses and Removals."

"Your Majesty was likewise pleased, at our First Meeting, to say, "You would not tire us with hard Duty and hot Service; and therefore about this Time intended a Recess." That Royal Favour will now be very seasonable; and we hope advantageous both to Your Majesty and ourselves: We know, in our Absence, Your Princely Heart and Head will not be free from Cares and Thoughts of our Protection; and when we leave our Hive, like the industrious Bee, we shall but fly about the several Countries of the Nation to gather Honey; and, when Your Majesty shall be pleased to name the Time, return with loaded Thighs unto our House again."

Bills passed.

Then the Clerk of the Crown read the Titles of these Bills following:

"1. An Act for Safety and Preservation of His Majesty's Person and Government, against treasonable and seditious Practices and Attempts."

"2. An Act for Repeal of an Act of Parliament, intituled, An Act for disabling all Persons in Holy Orders to exercise any Temporal Jurisdiction or Authority."

"3. An Act against Tumults and Disorders, upon Pretence of preparing or presenting Public Petitions, or other Addresses, to His Majesty or to the Parliament."

"4. An Act for providing necessary Carriages for His Majesty, in His Royal Progress and Removals."

"5. An Act declaring the sole Right of the Militia to be in the King; and for the present Ordering and Disposing of the same."

"6. An Act for the declaring, vesting, and settling of all such Monies, Goods, and other Things, in His Majesty, which were received, levied, or collected, in these late Times, and are remaining in the Hands or Possession of any Treasurers or Receivers, Collectors, or others, not pardoned by the Act of Oblivion."

"7. An Act for the establishing Articles and Orders, for the Regulating and better Government of His Majesty's Navies, Ships of War, and Forces by Sea."

"8. An Act to prevent the unlawful coursing, hurting, and killing of Deer."

"9. An Act for Explanation of a Clause in an Act of Parliament made in the Seventeenth Year of the late King Charles, intituled, "An Act for Repeal of a Branch of a Statute, Primo Eliz. concerning Commissioners for Causes Ecclesiastical."

"10. An Act for confirming of an Act, intituled, An Act for encouraging and increasing of Shipping and Navigation; and several other Acts, both Public and Private, mentioned therein."

"11. An Act for declaring the Pains, Penalties, and Forfeitures, imposed upon the Estates and Persons of certain notorious Offenders, excepted out of the Act of free and general Pardon, Indemnity, and Oblivion."

"12. An Act for confirming of Three Acts therein mentioned."

The Royal Assent was pronounced to every one of these severally, by the Clerk of the Parliaments, in these Words,

"Le Roy le veult."

"13. An Act for vesting the Arrears of the Excise and New (fn. 2) Impost in His Majesty."

The Royal Assent to this Bill was pronounced in these Words,

"Le Roy, remerciant Ses bons Subjectes, accepte leur Benevolence, et ainsi le veult."

Next, the Titles of these Private Bills were read, by the Clerk of the Crown:

"1. An Act for the ascertaining and establishing the Fees of the Masters of the Chancery in Ordinary."

"2. An Act for confirming a Sale made, by Sir Thomas Prestwich and others, of the Manor of Holme, and certain Lands in the Parish of Manchester, in the County of Lancaster, unto Sir Edward Mosely Baronet."

"3. An Act for restoring of Thomas Radcliffe Esquire to all his Lands and Possessions in England and Ireland."

"4. An Act, enabling John Harbin Esquire to settle, sell, and dispose of, several Manors, Messuages, Lands, Tenements, and Hereditaments, with the Appurtenances in the County of Somersett and Dorsett, therein mentioned, for Payment of his Debts, and to make Provision for his younger Children."

"5. An Act to enable the Sale of some of the Lands of Thomas Hunt Esquire and John Hunt Gentleman, for Payment of his Debts."

"6. An Act for settling the Manors of Knoll, Seale, and Kempsing, in the County of Kent, upon the Earl of Dorsett and his Heirs, and charging the Manor of Bexhill, and the Manor or Farm of Cowding, and other Lands in the County of Sussex, with a Rent Charge of One Hundred and Thirty Pounds per Annum, in Lieu thereof."

"7. An Act for Confirmation of the Charter and Privileges of the Master, Wardens, and Commonalty of Weavers, Fullers, and Clothiers, in the City of Worcester."

"8. An Act for settling several Lands, late of Sir Edward Baesh Knight, upon Sir Ralph Baesh, Knight of the Bath, Heir of the said Sir Edward, and his Heirs."

"9. An Act for Confirmation and Explanation of an Act for the settling of some of the Manors and Lands of the Earl of Cleveland in Trustees, to be sold, for the Satisfaction of the Debts of the said Earl, and Thomas Lord Wentworth his Son."

"10. An Act for the uniting the Parsonages of St. Andrewes and St. Mary Witton, in Droitwich, in the County of Worcester."

"11. An Act to enable John Lord Abergaveny, Son and Heir of Henry late Lord Abergaveny, to sell certain Lands, for Payment of his Debts, and Preferment of his Brother and Sisters."

"12. An Act for the naturalizing of Francis Brudnell Esquire, Son and Heir Apparent of the Right Honourable Robert Lord Brudenell, and of the Right Honourable Anna Maria Countess of Shrewsbury, Daughter of the said Lord Brudnell, and now Wife of the Right Honourable Francis Earl of Shrewsbury."

"13. An Act for the reviving a Settlement of certain Lands on John Orlibeare, for Life; the Remainder to the Sons of the said John successively, and the Heirs Males of their Bodies, &c."

"14. An Act for confirming and continuing an Act, for the necessary Maintenance of the Work of draining the Great Level of the Fens."

"15. An Act for confirming of an Enclosure of Land, formerly used for a Common Highway, from Parsons Greene, to Southfeild, in Fulham; and the settling of other Land for a Common Highway there, in Lieu thereof."

"16. An Act enabling Trustees to sell certain Lands and Tenements, in the Counties of Suffolk and Norfolk, for Payment of the Debts of Richard Gippes Esquire, and providing Portions for his Younger Children."

To every one of these Bills severally the Royal Assent was pronounced, in these Words,

"Soit fait come il est desiré."

After this, His Majesty was pleased to make this Speech following; videlicet,

King's Speech.

"My Lords and Gentlemen;

"I perceive, by the thin Appearance of the Members of both Houses this Day, that it is high Time to adjourn. In Truth, the Season of the Year as well as Your particular Affairs require it; and therefore I do willingly consent to it.

"I thank you for the many good Bills you have presented Me with this Day; of which, I hope, the Benefit will redound to the whole Kingdom.

"I thank you for the Care you have taken for the Safety of My Person; which, trust Me, is the more valuable to Me, for the Consequence I think it is of to you. And, upon My Conscience, there is nobody wishes Ill to Me, but they who would quickly revenge themselves of you if they could.

"I thank you for the Care you have taken of yourselves, of your own Safety and Honour, in the Act against Tumults and Disorders upon Pretence of Petitions; to which License we owe much of the Calamities we have undergone: But I thank you with all My Heart, indeed as much as I can do for any Thing, for the Repeal of that Act which excluded the Bishops from sitting in Parliament. It was an unhappy Act, in an unhappy Time, passed with many unhappy Circumstances, and attended with miserable Events; and therefore I do again thank you for repealing it. You have thereby restored Parliaments to their primitive Institutions. And I hope, My Lords and Gentlemen, you will in a short Time restore them to the primitive Order, and Gravity of Debates and Determinations, which the License of the late distempered Times had so much corrupted; which is the only Way to restore Parliaments to (fn. 3) their primitive Veneration with the People, which I heartily wish they should always have.

"My Lords and Gentlemen,

"You are now going to your several Countries; where you cannot but be very welcome, for the Services you have performed here. I do very earnestly recommend the good Government and Peace of your Countries to your Care, and your Counsel, and your Vigilancy. There are distempered Spirits enough, which lie in Wait to do Mischief, by laying Reproaches upon the Court, upon the Government; Reproaches upon Me, and Reproaches upon you. Your Wisdoms and Reputation and Authority will, I doubt not, weigh down their light Credit; and the old and new good Laws will, I hope, prevent any Mischief they intend. However, you have done very well (and I do very heartily thank you for it) in declaring My sole Right over the Militia; the Questioning of which was the Fountain from which all our bitter Waters flowed. I pray, make Haste to put the whole Kingdom into such Posture, that evil Men, who will not be converted, may yet choose to be quiet, because they find that they shall not be able to do the Harm they desire to do.

I know you have begun many Bills in both Houses which cannot be finished till your Meeting again: And, that they may be finished then, I forbear to make a Sessions now; but am contented that you adjourn till the Twentieth of November, when I hope, by God's Blessing, we shall come happily together again.

"In a Word, My Lords and Gentlemen, I thank you for what you have done; and am confident, that what you have left undone you will dispatch, with all Alacrity, and to all our Satisfactions, at our next Meeting. And so you may adjourn till the Twentieth of November."

Thanks to the King for His Speech.

His Majesty being retired, and the Commons being gone to their own House:

It was ORDERED, That the Lord Chamberlain do present humble Thanks to His Majesty, from this House, for His Gracious Speech this Day; and that He would please to give Way that His Speech may be printed and published, for the Satisfaction of the whole Kingdom.

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum adjournandum esse usque in diem Mercurii, videlicet, 20^um diem Novembris, 1661, hora nona Aurora, Dominis sic decernentibus.

Hitherto examined by us,

Derby,
Dorsett,
J. Bridgewater.