DIE Martis, 30 die Julii.
Domini præsentes fuerunt:
L. Chief Justice of the Common Pleas, Speaker this
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
L. Great Chamberlain.
Comes Pembrooke et Mount.
Viscount de Stafford.
Ds. Howard de Charlt.
Ds. Grey de Warke.
Ds. Howard de Esc.
Ds. Gerard de Brandon.
Ds. Berkley de Straton.
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, 5to
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
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 5to
Eliz. for the Poor, and
that Bill of 31° Eliz. concerning the Repair of Dover
Haven; both which Bills had their First Beginnings in
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
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:
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
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
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.
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
"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
"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
"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
"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
"In order to this great Work, the Commons have
prepared a Bill to repeal that Law (fn. *) 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
"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."
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
"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
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. *) Impost in His Majesty."
The Royal Assent to this Bill was pronounced in
"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
"3. An Act for restoring of Thomas Radcliffe
Esquire to all his Lands and Possessions in England
"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
"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
"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
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,
"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. *) their primitive Veneration with the
People, which I heartily wish they should always
"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
Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum adjournandum esse usque
in diem Mercurii, videlicet, 20um diem Novembris, 1661,
hora nona Aurora, Dominis sic decernentibus.
Hitherto examined by us,