House of Lords Journal Volume 12
1 March 1673

Sponsor

History of Parliament Trust

Publication

Year published

1767-1830

Pages

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'House of Lords Journal Volume 12: 1 March 1673', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 539-541. URL: http://www.british-history.ac.uk/report.aspx?compid=12818 Date accessed: 20 April 2014. Add to my bookshelf


Highlight

(Min 3 characters)

DIE Sabbati, primo die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. Petriburgh.
Epus. Carlile.
Epus. Rochester.
Epus. Landaff.
Epus. Exon.
Epus. Chichester.
Epus. St. Asaph.
Epus. Oxon.
Epus. Bristoll.
Epus. Gloucester.
Epus. Bath & Wells.
Epus. Chester.
Dux Cumberland.
Ds. Cancellarius Angliæ.
Ds. Thesaurarius Angl.
Dux Bucks.
Dux Monmouth.
Marq. Dorchester.
Henricus Comes St. Albans, Camerarius Hospitii.
Comes Kent.
Comes Bedford.
Comes Suff.
Comes Dorsett.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Devon.
Comes Denbigh.
Comes Bristoll.
Comes Clare.
Comes Bollingbrooke.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Marlborough.
Comes Dover.
Comes Winchilsea.
Comes Scarsdale.
Comes Rochester.
Comes Sandwich.
Comes Cardigan.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylsebury.
Comes Arlington.
Vicecomes Hereford.
Vicecomes Say & Seale.
Vicecomes Stafford.
Vicecomes Hallyfax.
Ds. Awdley.
Ds. Delawar.
Ds. Berkeley de Berkeley.
Ds. Stourton.
Ds. Sandys.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North.
Ds. Petre.
Ds. Arundell de Warder.
Ds. Grey de Wark.
Ds. Poulett.
Ds. Maynard.
Ds. Mohun.
Ds. Powis.
Ds. Newport.
Ds. Byron.
Ds. Vaughan.
Ds. Carrington.
Ds. Widdrington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Rockingham.
Ds. Wootton.
Ds. Berkeley de Strat.
Ds. Delamer.
Ds. Townsend.
Ds. Butler.

PRAYERS.

E. of Salisbury's Bill.

Hodie 3a vice lecta est Billa, "An Act to enable James Earl of Salisbury to let Leases of certain Lands and Tenements, for any Term not exceeding Forty Years."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Berkley's Bill.

The Lord Berkeley reported, "That the Committee have considered the Bill concerning the settling of Sir Robert Berkeley's Estate; and having heard all Parties concerned, and received their Consents, it appears that it is for the Good of the whole Family, their Lordships think it fit to pass, with some Amendments."

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

Rivers Parrot and Thone navigable Bill.

Hodie 1a vice lecta est Billa, "An Act for the making the Rivers Parrott and Thone navigable, from the Port of Bridgwater to Taunton, and thence to Bradford Bridge."

Message to H. C. with E. Sarum's Bill.

A Message was sent to the House of Commons, by Sir William Childe and Sir Sam. Clerke:

To deliver to them the Bill concerning the Earl of Salisbury, and to desire their Concurrence thereunto.

Mercer versus Mercer.

Whereas there is a Petition and Appeal of Robert Mercer Merchant depending in this House, to which Alice and Ellen Mercer, Infants, therein complained of, were, by Order of this House, dated the 10th Day of February last, required to put in their Answer in Writing, by their Guardian, within a Fortnight next after Notice given them of the said Petition:

Upon reading the Petition of the said Alice and Ellen Mercer, by their Guardian Richard Blackmoore, this Day, shewing, "That he is very ancient, and in Lancashire, at a great Distance from London; and therefore praying a longer Day to put in their said Answer:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, that the said Alice and Ellen Mercer, by the said Richard Blackmoore, shall put in their Answer in Writing to the said Petition of Robert Mercer, on this Day Fortnight peremptorily, at the Bar of this House; and hereof they may not fail.

His Majesty this Day made a short Speech, as follows:

His Majesty's Speech, complaining of Addresses received from the Commons.

"My Lords,

"You know that, at the Opening of this Session, I spake here to your Satisfaction: It hath notwithstanding begotten a greater Disquiet in the House of Commons than I could have imagined.

"I received an Address from them which I looked not for; and I made them an Answer that ought to have contented them: But, on the contrary, they have made Me a Reply, of such a Nature, that I cannot think fit to proceed any further in this Matter without your Advice.

"I have commanded the Chancellor to acquaint you with all the Transaction, wherein you will find both Me and yourselves highly concerned. I am sensible for what relates to Me; and I assure you, my Lords, I am not less so for your Privileges and the Honour of this House."

Afterwards the Lord Chancellor read the several Papers of Addresses of the House of Commons, and His Majesty's Answer thereunto; and opened His Majesty's Proceedings upon them.

Address of H. C. to the King, in Answer to His Speech.

The Address of the House of Commons was read; (videlicet,)

"Most Gracious Sovereign,

"We Your Majesty's most loyal and faithful Subjects, Your Commons assembled in Parliament, do, in the First Place, as in all Duty bound, return Your Majesty our most humble and hearty Thanks, for the many gracious Promises and Assurances which Your Majesty hath several Times during this present Parliament given unto us, That Your Majesty would secure and maintain unto us the true Reformed Protestant Religion, our Liberties and Properties; which most gracious Assurances Your Majesty hath out of Your great Goodness renewed unto us more particularly at the Opening of this present Session of Parliament: And further we crave Leave humbly to represent, That we have, with all Duty and Expedition, taken into our Consideration several Parts of Your Majesty's last Speech to us, and withal the Declaration therein mentioned, for Indulgence to Dissenters, dated the 15th of March last; and we find ourselves bound in Duty to inform Your Majesty, That Penal Statutes, in Matters Ecclesiastical, cannot be suspended but by Act of Parliament. We, therefore, the Knights, Citizens, and Burgesses, of Your Majesty's House of Commons, do most humbly beseech Your Majesty, That the said Laws may have their full Course, until it shall be otherwise provided for by Act of Parliament; and that Your Majesty would graciously be pleased to give such Directions herein, that no Apprehensions or Jealousies may remain in the Hearts of Your Majesty's good and faithful Subjects."

Next, His Majesty's Answer to the Address of the House of Commons was read, as follows:

King's Answer.

"His Majesty has received an Address from you; and He hath seriously considered of it, and returns you this Answer: That He is very much troubled that that Declaration, which He put out for Ends so necessary to the Quiet of His Kingdom, and especially in that Conjuncture, should have proved the Cause of Disquiet in His House of Commons, and give an Occasion to the Questioning of His Power in Ecclesiastics, which He finds not done in the Reigns of any of His Ancestors. He is sure, He never had Thought of using it otherwise than as it has been intrusted in Him, to the Peace and Establishment of the Church of England, and the Ease of all His Subjects in general; neither does He pretend to the Right of suspending any Laws, wherein the Properties, Rights, or Liberties, of any of His Subjects are concerned, nor to alter any Thing in the established Doctrine or Discipline of the Church of England: But His only Design in this was, to take off the Penalties the Statutes inflict upon Dissenters, and which, He believes, when well considered of, you yourselves would not with should be executed according to the Letter and Rigour of the Law. Neither has He done this with any Thought of avoiding or precluding the Advice of His Parliament; and if any Bill shall be offered Him which shall appear more proper to attain the foresaid Ends, and secure the Peace of the Church and Kingdom, when tendered in due Manner to Him, He will shew how readily He will concur in all Ways that shall appear for the Good of the Kingdom.

"Given at the Court at Whitehall, 24 February, 1672."

Then was read the Reply of the House of Commons to His Majesty's Answer, as followeth:

Commons Reply.

"Most Gracious Sovereign,

"We Your Majesty's most humble and loyal Subjects, Your Knights, Citizens, and Burgesses, in this present Parliament assembled, do render to Your Sacred Majesty our most dutiful Thanks, for that, to our unspeakable Comfort, Your Majesty has been pleased so often to reiterate unto us those gracious Promises and Assurances of maintaining the Religion now established, and the Liberties and Properties of the People; and we not in the least Measure doubt but that Your Majesty had the same gracious Intentions, in giving Satisfaction to Your Subjects, by Your Answer to our last Petition and Address: Yet, upon a serious Consideration thereof, we find, that the said Answer is not sufficient to clear the Apprehensions that may justly remain in the Minds of the People, by Your Majesty's having claimed a Power to suspend Penal Statutes in Matters Ecclesiastical, and which Your Majesty doth still seem to assert, in the said Answer, to be intrusted in the Crown, and never questioned in the Reigns of any of Your Ancestors; wherein, we humbly conceive, Your Majesty hath been very much misinformed, since no such Power was ever claimed or exercised by any of Your Predecessors; and, if it should be admitted, might tend to the Interruption of the free Course of Laws, and altering the Legislative Power, which hath always been acknowledged to lodge in Your Majesty and the Two Houses of Parliament. We do, therefore, with an unanimous Consent, become again humble Suitors to Your Sacred Majesty, That You would be pleased to give us a full and satisfactory Answer to our said Petion and Address; and that Your Majesty would take such effectual Order, that the Proceedings in this Matter may not for the future be drawn into Consequence or Example."

Address of Thanks to the King, for communicating these Addresses, &c. to this House.

Upon this, it is ORDERED, That the Lord Treasurer, Duke of Bucks, Earl of Bridgwater, Earl of North'ton, Earl of Bristoll, Earl of Berks, Earl of Bollingbrooke, and Earl of Anglesey, do forthwith withdraw, and consider what humble Thanks is fit to be given to His Majesty, for His great Favour in communicating this Business to this House; and report the same.

And accordingly these Lords Committees did withdraw themselves for this Purpose.

The Lords being returned, the Duke of Bucks reported what the Committee have prepared to present to His Majesty, by Way of Thanks; which was read, as followeth:

"We, the Lords Spiritual and Temporal in Parliament assembled, do unanimously present to Your Sacred Majesty our most humble Thanks, for having been pleased to communicate to us what hath passed between Your Majesty and the House of Commons; whereby You have graciously offered us the Means of shewing our Duty to Your Majesty, and of asserting the ancient just Rights and Privileges of the House of Peers."

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

It was Resolved in the Affirmative.

Papers to be entered in the Journal.

ORDERED, That His Majesty be desired, that His Speech, and the Papers read this Day, may be entered into the Journal Book of this House.

King to be attended.

The Lord Treasurer, the Duke of Bucks, and the Lord Chamberlain, are appointed to attend His Majesty presently, to know His Pleasure, what Time and Place this whole House shall wait upon Him, to present the humble Thanks of this House, for His great Favour shewed this Day.

Addresses, &c. to be considered.

ORDERED, That upon Monday Morning next, this House will debate the whole Matter of His Majesty's Speech and these Papers; and to consider the Point of Privilege, and what else may arise thereupon.

House to attend the King.

The Lords that were appointed to attend His Majesty return with this Answer:

That His Majesty hath appointed this Afternoon, at Five of the Clock, for this House to wait upon Him, in the Banqueting House at Whitehall.

Judges to attend.

ORDERED, That all the Judges now in Town shall attend this House on Monday Morning next.

Committees to meet.

ORDERED, That the Committee for Bellamye's Bill, and the Committee for Sir Rob't Berkeley's Bill, do meet on Monday Morning next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quinta, Dominis sic decernentibus.

post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Eborac.
Epus. Exon.
Epus. Chichester.
Epus. St. Asaph.
Epus. Oxon.
Epus. Bristoll.
Epus. Gloucester.
Epus. Bath. & Wells.
Epus. Chester.
Ds. Cancellarius Angliæ.
Marq. Dorchester.
Comes Kent.
Comes Bridgwater.
Comes Berks.
Comes Rochester.
Comes Sandwich.
Comes Anglesey.
Comes Carlile.
Comes Craven.
Vicecomes Say & Seale.
Vicecomes Hallyfax.
Ds. Awdley.
Ds. Berkeley Berk.
Ds. Stourton.
Ds. Sandys.
Ds. Windsor.
Ds. North.
Ds. Petre.
Ds. Mohun.
Ds. Carrington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brand.
Ds. Berkeley de Start.

PRAYERS.

The Bishop of Chester is added to the Committee for the Lord Berkeley's Bill.

House attend the King.

Then the whole House in a Body went to Whitehall, to wait upon His Majesty, to give Him Thanks, as was resolved this Morning.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, tertium diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.