House of Lords Journal Volume 12
7 March 1673

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1767-1830

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'House of Lords Journal Volume 12: 7 March 1673', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 546-548. URL: http://www.british-history.ac.uk/report.aspx?compid=12823 Date accessed: 23 August 2014.


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DIE Veneris, 7 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. London.
Epus. Petriburgh.
Epus. Carlile.
Epus. Rochester.
Epus. Landaff.
Epus. Chichester.
Epus. St. Asaph.
Epus. Oxon.
Epus. Bristoll.
Epus. Gloucester.
Epus. Bath & Wells.
Epus. Chester.
Dux Cumberland.
Ds. Cancellarius Angl.
Ds. Thesaurarius Angl.
Dux Bucks.
Marq. Worcester.
Henricus Comes Norwichiæ, et Comes Marescallus Angl.
Comes Kent.
Comes Bedford.
Comes Suffolk.
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 Dover.
Comes Winchilsea.
Comes Chesterfield.
Comes Scarsdale.
Comes Sandwich.
Comes Cardigan.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylisbury.
Comes Burlington.
Comes Arlington.
Vicecomes Say & Seale.
Vicecomes de Stafford.
Vicecomes Fauconberg.
Vicecomes Mordant.
Vicecomes Hallyfax.
Ds. Awdley.
Ds. Delawar.
Ds. Berkeley de Berkeley.
Ds. Stourton.
Ds. Sandys.
Ds. Windsor.
Ds. Wharton.
Ds. North.
Ds. Petre.
Ds. Arundell.
Ds. Grey.
Ds. Poulet.
Ds. Maynard.
Ds. Coventry.
Ds. Howard.
Ds. Mohun.
Ds. Powis.
Ds. Newport.
Ds. Byron.
Ds. Vaughan.
Ds. Carrington.
Ds. Widdrington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard.
Ds. Wootton.
Ds. Berkeley de Strat.
Ds. Holles.
Ds. Delamer.
Ds. Townsend.
Ds. Botler.

PRAYERS.

Dean and Chapter of Bristol and L. Berkley's Bill.

Hodie 3a 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 pass?"

It was Resolved in the Affirmative.

L. Clifford's, Chudleigh Rectory Bill.

Hodie 1a 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:

Answer.

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 Popery.

"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 prove dangerous.

"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:

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° H. VIII. 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.

Sumptuary Laws.

ORDERED, That the Committee appointed to prepare a Bill for Sumptuary Laws do meet this Afternoon, at Four of the Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 8um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.

Footnotes

* Sic.
Bis in Originali.
* Sic.
Origin. they.