DIE Veneris, 7 die Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
|His Royal Highness the Duke of Yorke.
Epus. St. Asaph.
Epus. Bath & Wells.
Ds. Cancellarius Angl.
Ds. Thesaurarius Angl.
Henricus Comes Norwichiæ, et Comes Marescallus Angl.
Vicecomes Say & Seale.
Vicecomes de Stafford.
Ds. Berkeley de Berkeley.
Ds. Berkeley de Strat.
Dean and Chapter of Bristol and L. Berkley's Bill.
vice lecta est Billa, "An Act to enable the
Dean and Chapter of the Cathedral Church of Bristoll
to exchange their Vicarage of Berkeley, in the County
of Gloucester, with George Lord Berkeley, for his Rectory of St. Michaell's, in Sutton Bonnington, in the
County of Nottingham."
The Question being put, "Whether this Bill shall
It was Resolved in the Affirmative.
L. Clifford's, Chudleigh Rectory Bill.
vice lecta est Billa, "An Act for Settlement of the Rectory of Chudleigh, in the County of
Devon, upon Thomas Lord Clifford and others."
Message to H. C. with L. Berkley's Bill.
A Message was sent to the House of Commons, by
Sir William Chylde and Sir Tymothy Baldwin:
To deliver to them the Bill concerning the Lord
Berkeley, and desire their Concurrence thereunto.
The Earl of Denbigh and the Lord Awdley are added
to the Committee for Privileges.
Message from thence, for a Conference on the Address against Popery.
A Message was brought from the House of Commons,
by the Lord Cavendish and others:
To desire a Conference, touching the Subject-matter
of the last Conference.
The Answer returned was:
That this House agrees to a Conference; and appoints the same to be presently, in the Painted Chamber.
The same Lords as managed the Conference Yesterday are appointed to report this.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
The Lord Chancellor reported the Effect of this Conference; where Mr. Attorney General said,
Report of the Conference.
"That the House of Commons have considered of
those Amendments, sent down from their Lordships,
in the Address to His Majesty against the Growth of
"To the Two First Amendments, the Commons do
agree with their Lordships; to the Three last, they
do not agree.
"The First is, They differ in adding the Word
["Land"] in the Clause for administering the Oaths
to Officers of His Majesty's Forces; because they say,
that the (fn. *) Commanders over any of His Majesty's Ships
is as great a Trust as a Command over His Land
Forces; therefore His Majesty ought to have as
great an Assurance of the Fidelity of the Persons employed in those Commands: That Sea Officers, if they
should prove disloyal, would have greater Opportunities to deliver His Majesty's Ships into the Hands
of Foreign Princes, than any Land Officers can have
to betray the Trust committed to them. The House
of Commons say, They desire no more in this Particular than what the Law already enjoins; for, by
the Statute (fn.
†) of 3°
Jac. C. 5°. Recusants are as well
disabled from being Captains, Masters, or Governors, or bearing any Office or Charge of or in any
Ships, as from being Commanders over any Castle or
Fortress, or in any Land Service: That there is far
more Reason for this Test now for Officers at Sea
than at any other Time; for that such Officers and
Soldiers as shall not take it at Land will probably
endeavour to be employed at Sea, where the Soldiers and Private Mariners have no Test put upon
them; and if the Chief Officers there should not
give the full Assurance desired, the Consequence may
"The next Amendment is, the Word ["Pension"]
to be left out, which the Commons desire may stand;
for that Pension implies a Grant under the Great
Seal, or at least under the Privy Seal; and they
think it very inconvenient that any Evidence of His
Majesty's Favour to Popish Recusants should appear
upon Record; and the putting out the Word ["Pen
sions"] now it is inserted in this Address, would
seem to countenance the granting of Pensions to such
Persons as shall be disbanded, which, if they were
granted, would cause such Persons, by reason of that
Dependance, to continue about His Majesty's Court,
which (fn. *) by Law allows them not to come within
Five Miles: Besides, the Allowance thereof would
also raise the like Expectation in His Majesty's Protestant Officers and Soldiers at any Time disbanded,
to the creating great Importunities upon His Majesty, and either occasion great Expence of His Majesty's Treasure, or Jealousy and Discontent in the
Hearts of His Majesty's Subjects, if (fn. †) the same should
not be granted to Protestant Officers and Soldiers."
ORDERED, That this House agrees with the House
of Commons in this Address, the Tenor whereof followeth:
Address to the King, against the Increase of Popery.
"Most Gracious Sovereign,
"We, Your Majesty's most loyal Subjects, the Lords
Spiritual and Temporal, and Commons, in this present Parliament assembled, being very sensible of
the great Dangers and Mischiefs that may arise within
this Your Majesty's Realm, by the Increase of Popish
Recusants amongst us; and considering the great Resort of Priests and Jesuits into this Kingdom, who
daily endeavour to seduce Your Majesty's Subjects
from their Religion and Allegiance; and how desirous Your loyal Subjects are, that no Popish Recusants be admitted into Employments of Trust and
Profit, and especially into Military Commands over
the Forces now in Your Majesty's Service; and
having a tender Regard to the Preservation of Your
Majesty's Person, and the Peace and Tranquility of
this Kingdom, do in all Humility desire:
"That Your Majesty would be pleased to issue
out Your Royal Proclamation, to command
all Priests and Jesuits (other than such as, not
being natural-born Subjects to Your Majesty,
are obliged to attend upon Your Royal Consort the Queen) to depart within Thirty Days
out of this Your Majesty's Kingdom; and
that if any Priest or Jesuit shall happen to be
taken in England after the Expiration of the
said Time, that the Laws be put in due Execution against them; and that Your Majesty
would please, in the said Proclamation, to
command all Judges, Justices of the Peace,
Mayors, Bailiffs, and other Officers, to put
the said Laws in Execution accordingly.
"That Your Majesty would likewise be pleased,
that the Lord Chancellor of England shall,
on or before the Five and Twentieth Day of
March Instant, issue out Commissions of Dedimus Potestatem to the Judge Advocate and
Commissaries of the Musters, and such other
Persons as he shall think fit (not being Officers commanding Soldiers), to tender the
Oaths of Allegiance and Supremacy to all
Officers and Soldiers now in Your Majesty's
Service and Pay; and that such as refuse the
said Oaths may be immediately disbanded,
and not allowed or continued in any Pay or
Pension; and that the Chancellor shall require due Returns to be made thereof within
some convenient Time after the issuing out of
the said Commissions.
"That the said Commissaries of the Musters be
commanded and enjoined, by Your Majesty's
Warrant, upon the Penalty of losing their
Places, not to permit any Officer to be mustered in the Service and Pay of Your Majesty, until he shall have taken the Oaths of
Allegiance and Supremacy, and received the
Sacrament of the LORD's Supper according
to the Laws and Usage of the Church of
England; and that every Soldier serving at
Land shall take the said Oaths before his
First Muster, and receive the Sacrament in
such Manner before his Second Muster.
"And this we present in all Dutifulness to
Your Majesty's Princely Wisdom and
Consideration, as the best Means for the
satisfying and composing the Minds of
Your loyal Subjects; humbly desiring
Your Majesty graciously to accept of
this our Petition, as proceeding from
Hearts and Affections entirely devoted to
Your Majesty's Service, and to give it
Your Royal Approbation."
King to be attended with it by both Houses:
ORDERED, That the Lord Treasurer and the Lord
Newport do presently attend His Majesty, to know
what Time He will please to appoint for both Houses
to wait upon Him, to present Him with this Address.
The Lord Treasurer reported, "That His Majesty
hath appointed this Afternoon, at Four of the Clock,
for both Houses to wait upon Him, in the Banqueting
House at Whitehall."
Message to H. C. to acquaint them with it.
A Message was sent to the House of Commons, by
the Lord Chief Justice of the Court of Common Pleas
and Judge Windham:
To let them know, that this House agrees to the
Address to be presented to His Majesty against the
Increase of Popery; and that His Majesty hath been
sent to from their Lordships, to know what Time His
Majesty will appoint for both Houses to wait upon
Him, to present the same; and His Majesty hath appointed this Afternoon, at Four of the Clock, in the
Banqueting House at Whitehall.
The Messengers return with this Answer:
That the House of Commons will attend His Majesty,
at the Time and Place appointed.
Consideration of the Papers between the King and H. C.
ORDERED, That the Matter referred to the Lords
Committees for Privileges, by Order of this House of
the 5th Instant, concerning the Papers between His
Majesty and the House of Commons, reported this
Day from the said Committee, is hereby re-committed
to the further Consideration of the said Lords Committees; whose Lordships are to meet on Monday next,
and to search Precedents relating thereunto, and afterwards make Report unto the House.
Prisoners for Debt Petition, to explain the Act for their Relief; and complaining against the Clerk of the Peace for Surry.
Upon reading the humble Petition of Job Palmer,
William Powell, and divers Prisoners in The King's
Bench Prison, on Behalf of themselves and others;
shewing, "That they have not received such Relief
as they conceive was graciously intended them by
the late Act for Relief of poor Prisoners; and
therefore pray their Lordships charitable Explanation and Construction of the doubtful Clauses and
Expressions in the said Act; and complaining of some
unbecoming Expressions uttered by the Clerk of the
Peace of the County of Surrey:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of
the said Petition is hereby referred to the Lords Committees for Petitions, who are appointed to receive
and consider of Petitions; whose Lordships have hereby Power to send for the said Clerk of the Peace, and
having considered of what shall be offered upon the
said Petition, are afterwards to report their Opinions
thereupon unto the House.
Statute concerning Wills to be considered.
ORDERED, That it is referred to the Lord Chief
Justice of the Court of Common Pleas and Justice
Windham, to consider of the Statute of 31°
concerning Wills, and to prepare a Bill for Remedy
of the Grievances and Inconveniencies arising thereby,
and present the same to the House.
L. Berkley and L. Delawar, Precedency.
Whereas Tuesday the Eleventh Day of March Instant was appointed for giving Judgement upon the
Claim of Precedency made by the Lord Berkeley of
Berkeley to the Lord Delawar in this House:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, upon the joint Consent
and Agreement of the said Lord Delawar and Lord
Berkeley, That the proceeding to Judgement in the
said Cause is hereby put off to Wednesday the 26th
of March Instant, to be then proceeded in peremptorily.
Judges to attend the Committee for a Bill of Advice to the King.
ORDERED, That all the Judges now in Town do
attend the Lords Committees who are to prepare Heads
for a Bill of Advice to His Majesty so long as that Bill
shall be in Preparation; and to begin To-morrow Morning, at Nine of the Clock.
ORDERED, That the Committee appointed to prepare a Bill for Sumptuary Laws do meet this Afternoon, at Four of the Clock.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 8um diem
instantis Martii, hora decima Aurora, Dominis sic decernentibus.