House of Lords Journal Volume 11
5 March 1663

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1767-1830

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'House of Lords Journal Volume 11: 5 March 1663', Journal of the House of Lords: volume 11: 1660-1666 (1767-1830), pp. 486-489. URL: http://www.british-history.ac.uk/report.aspx?compid=14297 Date accessed: 01 August 2014.


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DIE Jovis, 5 die Martii.

Domini Spirituales et Temporales quorum Nomina subscribuntur præsentes fuerunt:

L. Privy Seal, Speaker.
His Royal Highness the Duke of Yorke.
Epus. London.
Epus. Winton.
Epus. Ely.
Epus. Chichester.
Epus. Sarum.
Epus. St. Asaph.
Epus. Peterborough.
Epus. Carlile.
Epus. Chester.
Epus. Co. et Lich.
Epus. Gloucester.
Dux Cumb'land.
Ds. Thesaurarius Angl.
Dux Bucks.
Dux Richmond.
Dux Albemarle.
Marq. Winchester.
Marq. Wigorn.
Marq. Dorchester.
L. Great Chamberlain.
L. Chamberlain.
Comes Oxford.
Comes Northumb'land.
Comes Bedford.
Comes Pembrooke.
Comes Suff.
Comes Dorsett.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Bristal.
Comes Bolingbrooke.
Comes Berks.
Comes Carnarven.
Comes Newport.
Comes Portland.
Comes Scarsdale.
Comes St. Albans.
Comes Carlile.
Viscount Hereford.
Viscount Say et Seale.
Viscount Stafford.
Ds. Abergavenny.
Ds. De La Warr.
Ds. Berkley of Ber.
Ds. Wentworth.
Ds. Cromwell.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby.
Ds. Pagett.
Ds. Chandos.
Ds. Hunsdon.
Ds. Petre.
Ds. Arundell.
Ds. Tenham.
Ds. Howard Ch.
Ds. Grey.
Ds. Craven.
Ds. Lovelace.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Loughborough.
Ds. Byron.
Ds. Ashley.
Ds. Lucas.
Ds. Belasses.
Ds. Crofts.
Ds. Berkley Str.
Ds. Cornewallis.
Ds. Tounshend.
Ds. Crewe.

PRAYERS.

Cler. Parl. Leave to be absent.

The Lord Privy Seal, Speaker of the House pro Tempore, informed their Lordships, "That the Clerk of the Parliaments, being disabled by Sickness, desired to be excused for his Not-attendance; and that his Place might be discharged by Deputy some Time."

Which was granted accordingly.

List of the Acts touching the King's Power in Ecclesiastical Affairs.

A List of some of the Acts of Parliament mentioned in the First Enacting Clause in the Act, intituled, "An Act concerning His Majesty's Power in Ecclesiastical Affairs," was this Day brought into this House, by Mr. Attorney General, according to the Order of the Eight and Twentieth Day of February last. Which List was presently read, in this House.

"A List of Acts of Parliament appointed to be brought in, by Order of the 28th of February last.

"There are ancient Statutes against the Pope's Bulls, and Dispensations and Appeals to Rome, and Provisions to present to Benefices, and declaring the King's Power in Ecclesiastical Causes to be subject to none; and concerning Suits in Court Christian for Matters Spiritual; which, if they shall be conceived pertinent to this Matter, may be considered and brought in.

"The Statutes more properly relating to the Matters in Question, with their Titles, are as followeth:

23 H.VIII. Cap. 9.

"An Act that no Person shall be cited out of the Diocese where he or the dwelleth, except in certain Cases.

"In which Act is provided, That Suits concerning Ecclesiastical Causes be in the proper Diocese, saving Appeals; and that the Archbishop may cite out of the Diocese for Heresy.

24H.VIII. 12.

"An Act that Appeals in such Cases as hath been used to be pursued to the See of Rome shall not be from henceforth had nor used, but within this Realm.

"Wherein is declared the King's Power over Spiritualty and Temporalty, and the Powers of both those Bodies, with the Inconveniencies of Appeals out of the Realm: Provides, That Ecclesiastical Causes shall be determined in the King's Jurisdiction; and that Sacraments, Sacramentals, and Divine Service, shall be duly administered, notwithstanding Foreign Inhibitions and Fulminations, with Penalties for refusing or neglecting.

25H.VIII. 19.

"An Act concerning the Submission of the Clergy to the King's Majesty.

"Which provides that Canons made in Convocations shall be with the King's Royal Assent.

Cap. 20.

"An Act restraining the Payment of Annuities, or First Fruits, to the Bishop of Rome, and of the Electing and Consecrating of Archbishops and Bishops within this Realm.

Cap. 21.

"An Act concerning the Exoneration of the King's Subjects from Exactions and Impositions heretofore paid to the See of Rome, and for having Licenses and Dispensations within this Realm, without sueing further for the same.

28H.VIII. 16.

"An Act for the Release of such as have obtained pretended Licenses and Dispensations from the See of Rome.

1 Ed. VI. Cap. 1.

"An Act against such Persons as shall unreverently speak against the Sacrament of the Body and Blood of Christ, commonly called the Sacrament of the Altar; and for the Receiving thereof under both Kinds.

"With a Preamble touching Unity and Concord, especially in Matters of Religion, to be wrought with Clemency.

2&3Ed.VI. Cap. 1.

"An Act for the Uniformity of Service, and Administration of Sacraments, throughout the Realm.

(fn. *) 2&4Ed. VI. 10.

"An Act for the abolishing and putting away of divers Books and Images.

"Which mentions the Book of Common Prayer to be agreeable to the Order of the Primitive Church; and that nothing was therein ordained to be read, but the very pure Word of GOD, or which is evidently grounded upon the same; and that the prohibited Books did occasion Diversity of Opinions.

5 & 6 Ed. VI. 1.

"An Act for the Uniformity of Common Prayer and Administration of the Sacraments.

Cap. 3.

"An Act for the keeping of Holidays and Fastingdays.

1Ma.Cap. 3. Sess. 2.

"An Act against Offenders of Preachers and other Ministers in the Church.

"With a Penalty upon the Parish, if the Offenders escape.

1 El. Cap. 1.

"An Act restoring to the Crown the ancient Jurisdiction over the State Ecclesiastical and Spiritual, and abolishing all Foreign Power repugnant to the same.

"Wherein the Statute of 1 & 2 Ph. & Ma. Cap. 8. which had repealed the former Acts of H. VIII. and Ed. VI. is repealed; and those repealed Acts revived, and the Oath of Supremacy first appointed, and by whom to be taken and given.

1 Eli. Cap. 2.

"An Act for the Uniformity of Common Prayer and Service in the Church, and the Administration of the Sacraments.

5 Eliz. 1.

"An Act for the Assurance of the Queen's Majesty's Royal Power over all States and Subjects within Her Dominions.

"In which Act the Oath of Supremacy is appointed to be taken, upon several Penalties.

Cap. 28.

"By whose Order the Bible and Book of Common Prayer shall be translated into the Welch Tongue.

"Which appoints the Common Prayer to be used in Churches in Wales, conformable to the Use of England.

8 Eliz. 1.

"An Act declaring the Manner of making and consecrating of Archbishops and Bishops of this Realm to be good, lawful, and perfect.

"Wherein former Acts of Uniformity are confirmed, and the Use of the Common Prayer and Consecration of Bishops established.

13 Eliz. 2.

"An Act against the bringing in and putting in Execution of Bulls, Writings, or Instruments, and other superstitious Things, from the See of Rome.

Cap. 12.

"An Act to reform certain Disorders touching Ministers of the Church.

"By which Act is appointed Subscription to all the Articles of Religion.

23 Eliz. Cap. 1.

"An Act to retain the Queen's Subjects in their due Obedience.

"Wherein are great Penalties for being reconciled to the See of Rome, or saying of Mass, or not coming to Church.

27 Eliz. Cap. 2.

"An Act against Jesuits, Seminary Priests, and such other like disobedient Persons.

"Requiring in some Cases the Oath of Supremacy.

29 Eliz. Cap. 6.

"An Act for the more speedy and due Execution of certain Branches of the Statute made in the 23 Year of the Queen's Majesty's Reign, intituled, "An Act to retain the Queen's Majesty's Subjects in their due Obedience."

"Which in Effect makes Assurances by Recusants void against the Queen, and directs in what Courts they shall be convicted.

35 Eliz. Cap. 1.

"An Act to retain the Queen's Majesty's Subjects in their due Obedience.

"Wherein is the Penalty of Abjuration for unlawful Conventicles, and not conforming by open Submission and Declaration of their Conformity.

Cap. 2.

"An Act for the restraining of Popish Recusants to some certain Places of Abode.

"In which Act is also a Penalty of Abjuration in some Cases.

1 Ja. Cap. 4.

"An Act for the due Execution of the Statutes against Jesuits, Seminary Priests, Recusants, &c.

3 Ja. Cap. 1.

"An Act for a Public Thanksgiving to ALMIGHTY GOD, every Year, on the 5th Day of November.

Cap. 4.

"An Act for the better discovering and repressing of Popish Recusants.

"Wherein is required the Oath of Obedience, commonly called the Oath of Allegiance.

Cap. 5.

"An Act to prevent and avoid Dangers that grow by Popish Recusants.

7 Ja. Cap. 2.

"An Act that all such as are to be naturalized, or restored in Blood, shall first receive the Sacrament of the LORD's Supper, and the Oath of Allegiance, and the Oath of Supremacy.

Cap. 6.

"An Act for administering the Oath of Allegiance, and the Reformation of married Women Recusants.

1 Car. I. Cap. 1.

"There shall be no Assemblies for unlawful Pastimes on the Lord's-day.

3 Car. 1. Cap. 2.

"A Restraint of Passage or sending any Persons beyond the Seas to be Popishly bred.

12 Car. II. Cap. 14.

"For a perpetual and anniversary Thanksgiving on the 29th of May, for His Majesty's happy Restoration.

12 Car. II.

"A Grant of certain Impositions on Beer, Ale, and other Liquors, for Increase of His Majesty's Revenue during His Life.

"In which Act it is provided, No Person shall be capable of any Employment relating to the Excise, till he take the Oath of Allegiance and Supremacy, and a particular Oath mentioned in the said Act.

"An Act for taking away the Court of Wards and Liveries, &c. and settling a Revenue upon His Majesty in Lieu of it.

"In which Act it is provided, No Person shall be capable of any Employment relating to the Excise, till he take the Oath of Allegiance and Supremacy, and a particular Oath mentioned in the said Act.

"An Act for the Attainder of several Persons guilty of the horrid Murder of His Sacred Majesty King Charles the First.

"In which it is enacted, That the 30th of January shall be for ever set apart and observed, in all Churches and Chapels, as an Anniversary Day of Fasting and Humiliation.

"An Act for erecting and establishing a Post-office.

"In which it is enacted, That no Person shall be capable of being Post-master, or any Employment relating to that Office, till he have taken the Oath of Allegiance and Supremacy.

13 Car. II.

"An Act for preventing the Mischiefs and Dangers that may arise by certain Persons called Quakers, and others, refusing to take lawful Oaths.

13 Car. II.

"An Act for Explanation of a Clause contained in an Act of Parliament made in the 17th Year of the late King Charles, intituled, "An Act for Repeal of a Branch of a Statute 1 Eliz. concerning Commissioners for Causes Ecclesiastical."

"Which concerns the Exercise of Ecclesiastical Jurisdiction.

14 Car. II.

"An Act for ordering the Forces in the several Counties of this Kingdom.

"In which Act the Oath of Allegiance and Supremacy, and a particular Oath, is prescribed for the Lieutenants, Deputy Lieutenants, Officers, and Soldiers.

"An Act of Uniformity of Public Prayers and Administration of Sacraments and other Rites and Ceremonies; and for establishing the Form of making, ordaining, and consecrating, Bishops, Priests, and Deacons, in the Church of England."

Ecclesiastical Laws.

After the reading of which List, it was debated, "Whether the List of all the Ecclesiastical Laws should be brought in?"

And the House was turned into a Committee, to debate the same.

And afterwards being resumed;

It was reported, "That it was the Opinion of the said Committee, That these general Words in the said First Enacting Clause should be omitted, videlicet,

"And with any other Laws or Statutes concerning the same, or requiring Oaths or Subscriptions, or which do enjoin Conformity to the Order, Discipline, and Worship, established in this Church."

And it was put to the Question, "Whether the House would agree with the Report from the Committee?"

It was Resolved in the Affirmative.

Walker, Reading Clerk, Leave to be absent.

The House was moved, "That Mr. Walker, the Reading Clerk, might have Leave to be absent some few Days, upon some extraordinary Occasion."

Which was granted. And Mr. Phill. Packer was to execute his Place in the mean Time.

Bill concerning the King's Power in Ecclesiastical Affairs.

ORDERED, &c. That this House will proceed in the Act concerning His Majesty's Power in Ecclesiastical Affairs the First Thing To-morrow Morning.

Adjourn.

Dominus Custos Privati Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 6tum diem Martii, hora decima, Dominis sic decernentibus.

Footnotes

* Sic.