House of Lords Journal Volume 11
28 March 1662

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1767-1830

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'House of Lords Journal Volume 11: 28 March 1662', Journal of the House of Lords: volume 11: 1660-1666 (1767-1830), pp. 499-501. URL: http://www.british-history.ac.uk/report.aspx?compid=14309 Date accessed: 17 April 2014. Add to my bookshelf


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DIE Sabbati, 28 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Epus. London.
Epus. Winton.
Epus. Ely.
Epus. Oxon.
Epus. Sarum.
Epus. St. Asaph.
Epus. Petriburgh.
Epus. Carlile.
Epus. Cov. et Lich.
Epus. Hereford.
Epus. Chester.
Epus. Worcester.
Ds. Cancellarius.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Marq. Winton.
Marq. Worcester.
L. Great Chamberlain.
L. Chamberlain.
Comes Northumb.
Comes Shrewsbury.
Comes Bedford.
Comes Pembrooke.
Comes Dorsett.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Sarum.
Comes Devon.
Comes Bristoll.
Comes Bolingbrooke.
Comes Berks.
Comes Carnarvon.
Comes Newport.
Comes Strafford.
Comes Norwich.
Comes Scarsdale.
Comes St. Albans.
Comes Bath.
Comes Carlile.
Viscount Say et Seale.
Viscount de Stafford.
Ds. Abergaveny.
Ds. Berkley de Berk.
Ds. Sandes.
Ds. Wentworth.
Ds. Crumwell.
Ds. Eure.
Ds. Wharton.
Ds. Pagett.
Ds. Chandos.
Ds. Hunsdon.
Ds. Petre.
Ds. Arundell.
Ds. Brooke.
Ds. Howard de Charlt.
Ds. Grey.
Ds. Craven.
Ds. Lovelace.
Ds. Poulett.
Ds. Howard de Esc.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Lucas.
Ds. Bellasis.
Ds. Lexington.
Ds. Crofts.
Ds. Berkley de Strat.
Ds. Townsend.
Ds. Ashley.
Ds. Crewe.

PRAYERS.

Marquis of Worcester's Water Engine Bill.

The Earl of North'ton reported, "That the Committee have considered the Bill concerning the Watercommanding Engine, and have thought fit to make some Alterations therein, which they offer to the Consideration of the House."

The said Alterations were read Twice; and, after some Debate, it was ordered to be re-committed to the further Consideration of the Committee, who are to meet on Monday Morning next, at Nine of the Clock.

Bill to prevent destroying Wood.

Hodie 1a vice lecta est Billa, "An Act for the Punishment of unlawful cutting, or stealing, or spoiling, of Wood and Underwood, and Destroyers of young Timber Trees."

Seniors Bill.

Hodie 2a vice lecta est Billa, "An Act to enable the Sale of some of the Lands of Richard Senior and Anthony Senior, deceased, for Payment of some of their Debts."

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

videlicet,
Marq. Winton.
Comes Shrewsbury.
Comes Dorset.
Comes Bridgwater.
Comes Devon.
Comes Newport.
Comes Scarsdale.
Viscount de Stafford.
Epus. London.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Cov. et Litch.
Epus. Hereford.
Epus. Chester.
Epus. Worcester.
Ds. Sandes.
Ds. Eure.
Ds. Pagett.
Ds. Grey.
Ds. Craven.
Ds. Howard de Esc.

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

Vavasor & al. Petition.

Upon reading the Petition of Thomas Vavasor and Peter Clarke, Delinquents, now in the Custody of the Serjeant attending this House:

It is ORDERED, That the Petitioners shall be brought to this Bar on Monday Morning next.

Bill to prevent Stoppages in Westm. Streets.

ORDERED, That the Committee to consider of the Act concerning the Stoppage of the Streets do meet on Wednesday Morning next, at Nine of the Clock; and the Lord Petre is added to that Committee.

Message from H. C. for a Conference about the Petition to the King against Priests and Jesuits.

A Message was brought from the House of Commons, by Sir John Duncomb Knight, and others:

To desire a Conference, upon the Subject-matter of the last Conference.

The Answer returned was:

Answer.

That their Lordships will give the House of Commons a present Conference, in the Painted Chamber.

ORDERED, That the same Committee that managed the last Conference, shall 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.

Then the Lord Chancellor reported the Effect of the Conference; and said, "That Mr. Solicitor told their Lordships, that the House of Commons had proceeded in this Business with as much Care and Respect as any House of Commons ever did.

"That they agree with their Lordships to make this Address to the King by Way of Petition.

"That the House of Commons agrees with their Lordships in the main Part of the Preamble of the Petition; only they think fit to leave out some Words; as the Word ["Provocation"], because it is a doubtful Word, and may seem to carry with it a Sense different from what is agreed in the Preamble to the Act of Attainder, wherein the true Sons of the Church of England are sufficiently vindicated; also these Words to be left out ["extraordinary, and in far greater Numbers than hath been known"], because these Words carry with them some Reflection upon His Majesty's Government, as if less Care had been taken against their coming in now than heretofore."

It was further reported, "That the House of Commons desires the whole Prayer of the Petition, as it came from their Lordships, may be left out; and the Desires of the House of Commons for issuing out a Proclamation, may be the Prayer of the Petition.

"The House of Commons adheres to the Method of Proceeding by Proclamation:"

"1. Because'tis the ancient, usual, and legal Way of enforcing Laws, and quickening their Execution. Never any Prince's Reign since the Reformation was without it; and nothing more aggravates an Offence against the Law, than when the Law hath been enforced by a Royal Proclamation."

"2. 'Tis so far from looking like a Persecution, that on the contrary it's an Act of Mercy, and a gracious Admonition from His Majesty, to prevent the Severities of the Laws."

"3. It is more reasonable to believe, that a Proclamation, declaring that the Severity of the Laws shall succeed in case the Proclamation shall be disobeyed, will have a more certain and visible Effect than a Petition, which refers to no certain Expedient at all, or, if to any, to that which they apprehend to be neither honourable for His Majesty nor safe for the Nation."

"4. The Commons think there is no Cause to suspect that this Method of Proceeding will be of such Latitude as the Petition proposed. There every Person who pretends to Merit, or can procure a Testimonial, is made capable of Connivance; which they look on as the worst Way of rewarding, and is such an Advice, as they cannot think fit to offer, nor believe His Majesty will receive well from the Houses. Here is only Regard had to Articles and to the Law of Nations. And the Commons say, That no Ambassadors can bring into this Kingdom any Person that is a Traitor by the Laws of this Kingdom."

"The House of Commons, upon these Reasons, desire their Lordships Concurrence in the Petition to His Majesty, as they have now brought it up."

Petition to the King against Priests and Jesuits.

Then the Amendments and Alterations, as they came from the House of Commons, were read, and debated.

And the Question being put, "Whether this Debate shall be adjourned till Monday?"

It was Resolved in the Negative.

The House proceeded in the Debate of the Matter of the Conference.

The Question being put, "Whether to concur with the House of Commons in the Alterations and Amendments in the Petition now brought up at this Conference ?"

It was Resolved in the Affirmative.

Here follows the Petition, as it is agreed to by both Houses:

"To the King's Most Excellent Majesty.

"The humble Representation and Petition of the Lords and Commons assembled in Parliament;"

"Sheweth,"

"That, notwithstanding Your Majesty's unquestionable Affection and Zeal for the true Protestant Religion, manifested in Your constant Profession and Practice against all Temptations whatsoever; yet, by the great Resort of Jesuits and Romish Priests into this Kingdom, Your good Subjects generally are much affected with Jealousy and Apprehension that the Popish Religion may much increase in this Kingdom (which Your Majesty hath most piously desired may be prevented), and so the Peace both in Church and State may be insensibly disturbed, to the great Danger of both."

"Your Two Houses of Parliament are therefore humble Suitors to Your Majesty, to issue out Your Proclamation, to command all Jesuits, and all English, Irish, and Scotish Popish Priests, and all such other Priests as have taken Orders from the See of Rome, or by Authority thereof (except such Foreign Jesuits or Priests as by Contract of Marriage are to attend the Persons of either of the Queens, or by the Law of Nations to attend Foreign Ambassadors), to depart this Kingdom by a Day, under Pain of having the Penalties of the Laws inflicted upon them."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum cö;ntinüandum esse usque in diem Lunæ, 30um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.