House of Lords Journal Volume 11
24 May 1661

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1767-1830

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'House of Lords Journal Volume 11: 24 May 1661', Journal of the House of Lords: volume 11: 1660-1666 (1767-1830), pp. 263-265. URL: http://www.british-history.ac.uk/report.aspx?compid=14110 Date accessed: 20 September 2014.


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DIE Veneris, 24 die Maii.

Domini præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Ds. Cancellarius.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Albemarle.
Marq. Dorchester.
L. Great Chamberlain.
L. Steward.
L. Chamberlain.
Comes Oxon.
Comes Northumb.
Comes Derby.
Comes Bedford.
Comes Pembrooke.
Comes Nottingham.
Comes Suffolke.
Comes Sarum.
Comes Exon.
Comes Bridgwater.
Comes North'ton.
Comes Warwicke.
Comes Devon.
Comes Denbigh.
Comes Bristoll.
Comes Clare.
Comes Bolingbrooke.
Comes Westm'land.
Comes Berks.
Comes Cleveland.
Comes Petriburgh.
Comes Carna'von.
Comes Newport.
Comes Thanett.
Comes Portland.
Comes Strafford.
Comes Scarsdale.
Comes Sandwich.
Comes Cardigan.
Comes Anglesey.
Comes Bathon.
Comes Carlile.
Viscount Mountague.
Viscount Say et Seale.
Viscount Conway.
Viscount Campden.
Viscount de Stafford.
Viscount Fauconberge.
Viscount Mordant.
Ds. Abergaveny.
Ds. Berkeley de Berk.
Ds. Morley.
Ds. Sandys.
Ds. D'acres.
Ds. Darcy et Conyers.
Ds. Stourton.
Ds. Windsor.
Ds. Wentworth.
Ds. Euers.
Ds. Wharton.
Ds. Willoughby.
Ds. Pagett.
Ds. Chandois.
Ds. Hunsdon.
Ds. Petre.
Ds. Gerard de Bromley.
Ds. Arrundell.
Ds. Mountagu.
Ds. Howard de Charlt.
Ds. Grey de Warke.
Ds. Craven.
Ds. Lovelace.
Ds. Poulett.
Ds. Maynard.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Powis.
Ds. Newport.
Ds. Byron.
Ds. Carrington.
Ds. Widdrington.
Ds. Ward.
Ds. Colpeper.
Ds. Clifford.
Ds. Lucas.
Ds. Bellasis.
Ds. Rockingham.
Ds. Gerard de Brandon.
Ds. Lexington.
Ds. Berkeley de Stratton.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Ashley.
Ds. Crewe.

Quakers Business.

PRAYERS, by Dr. Hodges.

ORDERED, That Tuesday next this House will consider of the Business of the Quakers.

Bill for preserving the King's Person.

Hodie 2a vice lecta est Billa, "An Act for securing and preserving His Majesty's Person and Government, against treasonable and seditious Practices and Attempts."

ORDERED, That the Consideration of this Bill be referred to these Lords following:

L. Privy Seal.
Marq. of Dorchester.
L. Great Chamberlain.
L. Steward.
Comes Bridgwater.
Comes North'ton.
Comes Bristoll.
Comes Portland.
Comes Anglesey.
Ds. Willoughby.
Ds. Pagett.
Ds. Howard de Charlton.
Ds. Craven.
Ds. Lucas.
Ds. Gerard de Brandon.
Ds. Lexington.
Ds. Cornwallis.
Ds. Ashley.
Ds. Crewe.

Their Lordships, or any Five; to meet this Afternoon, at Three of the Clock, in the Prince's Lodgings; and have Power to adjourn from Time to Time.

Judges to attend, about the Bill for continuing the Long Parliament.

ORDERED, That all the Judges shall have Notice to attend this House on this Day Sevennight; and then the late Act, for continuing the Parliament begun the 3 of November, 1640, shall be read.

Hatfield Level Bill.

Hodie 1a vice lecta est Billa, "An Act for settling certain drained Grounds, lying within the Level of Hatfeild Chace and Parts adjacent, within the Counties of Yorke, Lyncolne, and Nottingham."

Letter to the King, from Scotland.

ORDERED, That the Consideration of the Letter sent to the King, from the Parliament of Scotland, shall be this Day Sevennight.

Radcliff's Bill.

Hodie 1a vice lecta est Billa, "An Act for restoring of Thomas Radcliffe Esquire to all his Lands and Possessions in England and Ireland."

Absent Lords excused.

ORDERED, That the Absence of the Earl of Rutland and the Earl of Leycester is excused.

Bill to reverse the E. of Strafford's Attainder.

ORDERED, That the Committee to whom the Bill for reversing the Earl of Strafford's Attainder is re-committed shall meet on Monday next, in the Afternoon, at Three of the Clock.

Order to prevent Disturbances in Hatfield Chace.

Upon reading of an Order of this House, concerning the Level of Hatfeild Chase, dated the 20th of December, 1660, this Day in the House, as also a Petition of the Participants of the said Level, complaining of some Riots that have been committed since the Date of the said Order in Contempt thereof:

Whereupon it is this Day ORDERED, by the Lords in Parliament assembled, That the said Order is hereby renewed, ratified, and confirmed, according to the Tenor hereafter following; videlicet,

"Upon Report made to the House, from the Committee appointed to consider of the Bill and Petitions concerning the Level of Hatfeild Chace, lying in the Counties of Yorke, Lyncolne, and Nottingham, who

His Speech.

"May it please Your Most Excellent Majesty,

"The Knights, Citizens, and Burgesses of the Commons House of Parliament, being there assembled by virtue of Your Majesty's most Gracious Writ, have been pleased (I dare not say to choose, but) to name me their Speaker.

"It is an undoubted Privilege of every Member in that House, to be heard speak, much more when he speaks for or against himself. But, Sir, whether more out of Favour to me or Injury to themselves I cannot tell, they were not pleased to hear, at least they would not accept, my just Apology and Excuse from this Service.

"Therefore, from this their Judgement, if I must so call it, I do most humbly appeal to Your Sovereign Justice; beseeching Your Majesty, for the Errors that are too visible and apparent in their Proceedings, that You will review and reverse the same.

"My Inexperience in the Customs and Orders of the House, my Inability to collect their Sense, and state the Questions rising upon long and arduous Debates, do justly render me unfit, and therefore unworthy, of this weighty Employment.

"Your Majesty well knows, when a Ship puts forth to Sea, she should be provided with Mariners of all Sorts. In case a Storm doth rise, some must trim and lower the Sails, some must watch aloft the Decks, some must work at the Pump; but he had Need be a very good Seaman that is the Pilot. Sir, I hope I may be useful to this Your Sovereign Vessel in some of these inferior Places; but I dare not undertake to be their Steersman.

"I do most humbly therefore beseech Your Majesty, that You will not take us at our First Word; our Second Thoughts are best. Pray, therefore, be pleased to command the Members of the House of Commons to return into their House, to recollect themselves, and to present Your Majesty with a better Choice."

Approved of by the L. Chancellor, in the King's Name.

This being said, the Lord Chancellor, having first conferred with His Majesty, answered as followeth; (videlicet,)

"Mr. Speaker,

"You have not discredited yourself enough to persuade the King to dissent from His House of Commons in the Election they have made. If He had never seen you before, you have now spoke too well against yourself, for His Majesty to suspect you are no good Speaker: But you have the Honour to be well known to the King; have spoken very often before Him; and His Majesty well knows that you are not without any of those Parts; of knowing the Orders of the House, where you have sat long; or collecting and stating and putting the Questions aptly, which must constitute a right good Speaker. Therefore His Majesty is so far from thinking the House hath made an ill Choice, that He believes they could not have made a better; or from admitting your Excuse, that He confirms their Election, and thanks them very heartily for making it; and requires you to submit to it, and to betake yourself with all Alacrity to the Service."

His Majesty having thus denied Mr. Speaker's Excuse, and approved of the Commons Choice of him; Mr. Speaker proceeded, and said,

The Speaker of H. C. Second Speech.

"He that knows his Master's Will, and doth it not, is worthy to be beaten with many Stripes. I shall therefore humbly and chearfully, to the best of my poor Skill and Knowledge, apply myself to the Performance of my Duty; not doubting therein to obtain Your Majesty's Gracious Pardon for all involuntary Transgressions; for 'tis a Rule in Law, and in Conscience too, Actus non facit reum, nisi Mens sit rea.

"And, since I have found this Favour in the Sight of my Lord the King, pray let me beg Your Majesty's Patience for a while, to make a Stand, and from this Place to look about me. Sir, A weak Head is soon giddy; but the strongest Brain may here be turned: The Presence of this Glory, and the Glory of this Presence, do transport me. Whilst I contemplate the incomparable Beauty of this Body Politic, and the goodly Order of this High Court of Parliament, where at once I behold all the Glory of this Nation, I am almost in the Condition of St. Paul, when he was taken up into the Third Heaven. All he could say upon his Return was, he saw Things unutterable.

"God, that made all Things for the Use of Man, and made him Governor over all His Works, thought it not fit to leave him to himself, nor to live without a Law and Government. The Forms and Species of Governments are various; Monarchical, Aristocratical, and Democratical: But the First is certainly the best, as being nearest to Divinity itself.

"Aristocracy is subject to degenerate, and run into Faction; but Democracy naturally runs into Confusion. Then every Man becomes a Tyrant over his Neighbour; Homo Homini Lupus, Homo Homini Dæmon.

"This famous Island, Historians tell us, was first inhabited by the Brittans, then by the Romans, then by the Saxons, then by the Danes, then by the Normans; and during all these Successions of Ages, and Variety of Changes, though there was sometimes Divisum Imperium, yet every Division was happy under a Monarchical Government.

"Since the Entrance of the Norman Race, Twentyfive Kings and Queens, famous in their Generations, from whom Your Sacred Majesty is lineally descended, have swayed the Royal Sceptre of this Nation.

"The Children of Israell, when they were in the Wilderness, though they were fed with God's own Hand, and eat the Food of Angels, yet they furfeited, and murmured, and rebelled against Moses.

"The same unthankful Spirit dwelt in this Nation for divers Years last past. The Men of that Age were weary of the Government, though it was refined to the Wonder and Envy of all other Nations; they quarreled with our Moses, because He was the Lord's Anointed. Nolumus hunc regnare, was their First Quarrel; but Leveling, Parity, and Confusion followed; then Tyranny and Usurpation was the Conclusion.

"We read of the Emperor Adrian, when He lay a dying, He complained that many Physicians had destroyed Him; meaning, that their contrary Conceits and different Directions for His Recovery had hastened His Death.

"So it is with us: We were sick of Reformation; Our Reformers were of all Ages, Sexes, and Degrees; of all Professions and Trades. The very Cobler went beyond his Last. These new Statesmen took upon them to regulate and govern our Governors: This was the Sickness and Plague of the Nation. Their new Laws were all written in bloody Letters; the Cruelty of their Tribunals made the Judgementseat little differ from a Slaughter-house: The Rich Man was made an Offender for a Word; Poor Men were sold for Slaves, as the Turks sell Heads, Twenty for an Asper: Yet for all this Villany there was at Length found a Protector.

Sir Wm. Throckmorton, &c. Nat. Bill.

Hodie 2a vice lecta est Billa, "An Act for naturalizing Sir Wm. Throckmorton, and Dame Elizabeth his Wife, and William Throckmorton his Son, and others."

ORDERED, That the Consideration of this Bill is committed to these Lords following; (videlicet),

L. Steward.
L. Chamberlain.
Comes Derby.
Comes Petriburgh.
Comes Chesterfeild.
Comes Portland.
Comes Anglesey.
Ds. Pagett.
Ds. Howard de Charlt.
Ds. Craven.
Ds. Rockingham.
Ds. Lexington.
Ds. Cornwallis.

Their Lordships, or any Three; to meet on Monday Morning, at Eight of the Clock, in the Prince's Lodgings.

Bill for mending Streets and Highways, &c.

Hodie 2a vice lecta est Billa, "An Act for mending and keeping clean the Streets and Highways, in and about the City of Westm. and other Cities and Towns."

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

Dux Bucks.
Comes Lyncolne.
Comes Exon.
Comes Bridgwater.
Comes North'ton.
Comes Bolingbrooke.
Comes Portland.
Comes Strafford.
Comes Anglesey.
Viscount Mountague.
Viscount de Stafford.
Viscount Fauconberge.
Ds. Pagett.
Ds. Petre.
Ds. Grey.
Ds. Craven.
Ds. Howard de Esc.
Ds. Byron.
Ds. Ward.
Ds. Lucas.
Ds. Lexington.
Ds. Cornwallis.
Ds. Ashley.

Their Lordships, or any Five; to meet on Tuesday Morning next, at Nine of the Clock, in the Prince's Lodgings.

ORDERED, That the Duke of Bucks, Comes Strafford, and Comes Bath, be added to the Committee for the Bill for Preservation of the King's Person, &c.

ORDERED, That the Lord Viscount Mountague and the Lord Petre be added to the Committee for mending the Streets and Highways.

E. of Derby's Bill.

Hodie 1a vice lecta est Billa, "An Act for restoring of Charles Earl of Derby to the Possession of the Manors, Messuages, Lands, and Hereditaments, belonging unto James late Earl of Derby his Father."

L. Dacres, Leave to be absent.

ORDERED, That the Lord Dacres hath Leave to be absent from his Attendance on this House, for a Week.

Towns of Leostoff and Yarmouth, about a Fishery.

Upon reading the Petition of the Inhabitants of the Town of Lowestoft, in the County of Suffolk, this Day in the House, concerning a free Trade of Fishing; which the Petitioners complain they are molested in by the Inhabitants of Great Yarmouth:

It is ORDERED, That the Cause shall be heard, at this Bar, by Counsel on both Sides, on the Seventh Day of June next; and that the Petitioners, or some of them, shall give the said Inhabitants of the Town of Yarmouth timely Notice thereof: And both Sides are to attend the said Hearing accordingly.

Gifford versus L. Mohun.

Upon reading the Petition of Dorothea Gifford Widow; desiring, "That the Order of the Seventeenth of May Instant, made by this House, on Behalf of the Lord Mohun, for staying a Trial at Law which concerneth her very much, might be repealed:"

It is ORDERED, That Joseph Wilson, who made the Affidavit on the Behalf of the Lord Mohun, and upon which the Order of this House was granted, may have Notice to appear here on Tuesday Morning next, to make it appear that the Lord Mohun hath Interest in the Land and Houses in Question; and then this House will take the same into further Consideration.

Bill to vacate Sir Edw. Powell's Fines.

Upon reading of a Bill, intituled, "An Act for the making void certain Fines, unduly procured to be levied, by Sir Edward Powell Knight and Baronet; and Dame Mary his Wife:"

It is ORDERED, That the said Bill shall be read the Second Time upon this Day Sevennight, the First of June next; and then Counsel on both Sides are to be heard, at this Bar, concerning the said Bill; whereof the Parties concerned are to have timely Notice, and are to attend the said Hearing accordingly.

Office of L. G. Chamberlain.

ORDERED, That this House will resume the former Debate as was on the 16th of this Instant May, concerning the Office of the Great Chamberlain's Place of England, on this Day Fortnight, the Eighth Day of June next.

Aylworth versus Evatt, in Error.

Upon the Petition of Henry Evatt Gentleman, Defendant, in a Writ of Error brought into the House of Peers last Parliament, by Richard Ayleworth Esquire, Plaintiff in the said Writ, who hath not prosecuted the same, nor assigned any Errors thereupon, to the Prejudice of the Petitioner, and contrary to Course:

It is ORDERED, by the Lords in Parliament assembled, That the said Richard Ayleworth shall assign Errors within Twenty Days next after the Date of this Order, and prosecute the same; or otherwise the said Record shall be remitted, and the Defendant left to take out his Execution, notwithstanding the said Writ of Error.

Holgate released.

Upon the humble Submission of John Holgate, now in Custody, who seized upon the Goods of One of the Lord Willoughbie's Servants, contrary to the Privilege of Parliament:

It is ORDERED, That the said John Holgate shall be released of his present Restraint or Imprisonment, paying his Fees.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 27um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.