House of Lords Journal Volume 11
31 October 1665

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1767-1830

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'House of Lords Journal Volume 11: 31 October 1665', Journal of the House of Lords: volume 11: 1660-1666 (1767-1830), pp. 697-701. URL: http://www.british-history.ac.uk/report.aspx?compid=14479 Date accessed: 21 April 2014. Add to my bookshelf


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DIE Martis, 31 die Octobris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Cant.
Epus. London.
Epus. Winton.
Epus. Lyncolne.
Epus. Gloucester.
Epus. Litch. et Cov.
Epus. Hereford.
Epus. Chester.
Epus. Exon.
Epus. Sarum.
Epus. Petriburgh.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Marq. Worcester.
Ds. Camerarius Hospitii.
Comes Suffolke.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Rivers.
Comes Petriburgh.
Comes Newport.
Comes Carlile.
Viscount Say et Seale.
Viscount Conway.
Viscount Mordant.
Ds. Arlington.
Ds. Awdley.
Ds. Delawar.
Ds. Sandes.
Ds. Wharton.
Ds. Chandos.
Ds. Hunsdon.
Ds. Arundell.
Ds. Lovelace.
Ds. Loughborough.
Ds. Carrington.
Ds. Lucas.
Ds. Lexington.
Ds. Crofts.
Ds. Berkley de Strat.
Ds. Asbley.

PRAYERS.

The Lord Privy Seal sat Speaker this Day.

Blanquefort & al. Nat. Bill.

The Lord Viscount Say & Seale reported, "That the Committee hath considered of the Bill for naturalizing Lewis Blanquefort and others; and think it fit to pass as it is."

Hodie 3a vice lecta est Billa, "An Act for the Naturalization of Lewis Blanquefort and others."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Bill to continue the one for regulating the Press.

The Lord Viscount Say & Seale reported, "That the Committee, upon Consideration of the Bill for Continuance of a former Act for regulating the Press, thinks it fit to pass, without any Alterations."

Hodie 3a vice lecta est Billa, "An Act for Continuance of a former Act, for regulating the Press."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message from H. C. with Bills.

A Message was brought from the House of Commons, by Laurance Hyde Esquire, and others; who brought up a Bill, intituled, "An Act for attainting Thomas Dolman, Joseph Bampfeild, and Thomas Scott, of High Treason, if they render not themselves by a Day;" to which their Lordships Concurrence is desired.

2. They returned the Bill sent down concerning Nonconformists, wherein their Lordships made some Alterations, to which the Commons concur.

Distresses for Rent Bill.

The Lord Viscount Say et Seale reported, "That the Committee have considered of the Alterations made by the Commons in the Bill concerning Distresses and Avowries for Rent; and their Lordships are of Opinion to allow some of those Alterations, but do not approve of others."

And upon reading of the Opinion of the Committee, the House approved of it; and ordered to have a Conference with the House of Commons concerning the same.

Bill to prevent unnecessary Suits.

The Lord Viscount Say & Seale further reported the Bill for avoiding unnecessary Suits and Delays, as fit to pass, with a small Addition; which, being read Twice, was Agreed to.

Hodie 3a vice lecta est Billa, "An Act for avoiding unnecessary Suits and Delays."

The Question being put, "Whether this Bill, with the Addition now read, shall pass?"

It was Resolved in the Affirmative.

Message from H. C. for a Conference on the additional Plague Bill.

A Message was brought from the House of Commons, by Mr. Coleman and others:

To desire a Conference, concerning the Bill for making further Provision for such as be infected with the Plague.

The Answer returned was:

Answer.

That this House will give a present Conference, in the Astronomy School, upon the Subject-matter desired.

Dolman, Bampfield, and Scott, Attainder Bill.

Hodie 1a et 2a vice lecta est Billa, "An Act for attainting of Thomas Dolman, Joseph Bampfeild, and Thomas Scott, of High Treason, if they render not themselves by a Day."

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

L. Chamberlain.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Petriburgh.
Comes Newport.
Comes Carlile.
Viscount Say et Seale.
Viscount Conway.
Viscount Mordant.
Epus. London.
Epus. Winton.
Epus. Lyncolne.
Epus. Hereford.
Epus. Exon.
Ds. Arlington.
Ds. Awdley.
Ds. Chandos.
Ds. Hunsdon.
Ds. Carrington.
Ds. Lexington.
Ds. Lucas.
Ds. Berkley Strat.

Mr. Attorney General to assist.

Their Lordships, or any Five; to meet this Afternoon, at Two of the Clock, in the Hebrew School.

Message to H. C. to return a Bill; and that the Lords have passed others.

A Message was sent to the House of Commons, by Sir Moundeford Brampston and Sir Nathaniell Hobart:

To return them the Bill for avoiding unnecessary Suits and Delays, wherein the Lords have made an Addition, and desire the Concurrence of the Commons thereto.

Also to let them know, that this House passed the Bill for naturalizing of Lewis Blanquefort and others; and the Bill for continuing a former Bill for regulating the Press.

The Lord Privy Seal, the Lord Chamberlain, and the Earl of Carlile, were appointed to report the Conference with the House of Commons.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference on the additional Plague Bill.

The Lord Privy Seal reported the Effect of the Conference concerning the additional Bill for making further Provision for such as be infected with the Plague:

"The Commons say, That, to shew their Willingness to comply with their Lordships, they do agree to all the Amendments made by their Lordships in the said Bill. But as concerning the Three Provisos added by their Lordships, the Commons do not agree to them, for many Reasons, which were declared."

The Lords, upon Consideration of what was offered at the Conference, agreed to leave out the Proviso concerning Inmates, and agreed to leave out these Words ["Persons of Note and Quality"] in the Proviso inhibiting Pest-houses and Church-yards to be built near the Houses of Peers; but adhered to have Peers Houses prevented from such Annoyances. This House likewise adhered to the Proviso for exempting the Houses of Peers to be shut up at the Discretion of Constables.

Message to H. C. for a further Conference about it, and for one on the Bill for Distresses of Rent.

A Message was sent to the House of Commons, by Sir Moundiford Brampston and Sir Nathaniell Hobart:

To desire a present Conference, in the Astronomy School, concerning the Bill for Distresses and Avowries for Rents.

2. To desire a Free Conference, at the same Time, touching the Bill for making further Provision for such as be infected with the Plague.

The Messengers return with this Answer:

Answer.

That the House of Commons will give a Meeting, as is desired.

The Lord Privy Seal, the Lord Lucas, and the Lord Ashley, are appointed to manage these Conferences.

The House was adjourned during Pleasure, and the Lords went to the Conferences; which being ended, the House was resumed.

Adjourn.

Dominus Custos Privati Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quarta, Dominis sic decernentibus.

Post Meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

His Royal Highness the Duke of Yorke.
Arch. Cant.
Epus. London.
Epus. Winton.
Epus. Lyncolne.
Epus. Gloucester.
Epus. Litch. et Cov.
Epus. Hereford.
Epus. Chester.
Epus. Exon.
Epus. Sarum.
Epus. Petriburgh.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Marq. Worcester.
Ds. Camerarius Hospitii.
Comes Suffolke.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Petriburgh.
Comes Newport.
Comes Carlile.
Viscount Say et Seale.
Viscount Conway.
Viscount Mordant.
Ds. Arlington.
Ds. Awdley.
Ds. Sandes.
Ds. Wharton.
Ds. Chandos.
Ds. Hunsdon.
Ds. Arundell.
Ds. Lovelace.
Ds. Loughborough.
Ds. Carrington.
Ds. Lucas.
Ds. Lexington.
Ds. Crofts.
Ds. Berkley de Strat.
Ds. Ashley.

PRAYERS.

The Lord Privy Seal sat Speaker this Afternoon.

Messages from H. C. to return the Bills for avoiding unnecessary Suits, &c. and for Distresses for Rent.

A Message was brought from the House of Commons, by Mr. Prynn and others; who returned the Bill for avoiding unnecessary Suits and Delays, which their Lordships sent down with an Addition, to which the Commons do agree.

A Message was brought from the House of Commons, by Mr. Prynn and others; who returned the Bill concerning Distresses and Avowries for Rent; and signified their Concurrence with their Lordships in the Amendments.

Dolman, Bampfeild, and Scott, Attainder Bill.

The Lord Chamberlain reported, "That the Committee have considered of the Bill for attainting of Thomas Dolman and others; and have made some Amendments therein, which are offered to the Consideration of the House."

The said Amendments were read Twice, and Agreed to.

Hodie 3a vice lecta est Billa, "An Act for attainting of Thomas Dolman, Joseph Bampfeild, and Thomas Scott, of High Treason, if they render not themselves by a Day."

The Question being put, "Whether this Bill, with the Amendments now read, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons by Sir Thomas Escourt and Sir Moundiford Brampston:

To return the Bill for attainting Thomas Dolman and others; and to desire the Concurrence of the Commons in certain Amendments made by this House.

Message from thence, that they agree to the Amendments in it.

A Message was brought from the House of Commons, by Sir Allen Appesley and others; who brought up the Bill for attainting Thomas Dolman, Joseph Bampfeild, and Thomas Scott; with this Signification, "That the Commons agree to the Amendments made by their Lordships."

Also to let their Lordships know, that the House of Commons desired a Conference, concerning the Matter of the last Free Conference.

King present.

His Majesty being present, sitting in His Royal Throne (without His Regal Robes and Ornaments; the Peers likewise, His Majesty dispensing therewith in regard of the Plague then at London, without their Robes); His Majesty commanded the Gentleman Usher of the Black Rod to signify His Pleasure to the House of Commons, "That they presently attend His Majesty, with their Speaker."

The Commons being come, the Speaker made this Speech following:

"May it please Your Most Excellent Majesty,"

Speaker of H. C. Speech.

"The Knights, Citizens, and Burgesses of the Commons House of Parliament, in Obedience to Your Majesty's Writ of Adjournment, came chearfully to this City of Oxford, to receive Your Royal Commands. And when Your Majesty was pleased to speak to them, and acquaint them with Your great Expences this Summer, and the continuing Insolencies of the Dutch, they were so inflamed with an Affection and Zeal for Your Majesty's Service, that they could not suffer the least Puncto of Time to pass, before they had made a Return suitable to their Engagements, that they would assist Your Majesty with their Lives and Fortunes, against the Dutch, or any others that should assist them, in Opposition of Your Majesty:"

"- Tibi nos, tibi nostra Supellex Ruraque servierint."

"The Englishman useth to speak as he writes, and the English Parliament to speak as they think. No Security upon Earth can be greater than the Engagement of Your Two Houses of Parliament. Sed quid Verba audiam, dum Facta videam? As a Demonstration of their Fidelity, I am commanded to present unto Your Majesty this Bill, whereby they have given you, for a present Supply, Twelve Hundred and Fifty Thousand Pounds, to be levied in Two Years, to begin from Christmas next, by Quarterly Payments, added to the former Royal Aid."

"And, to the End Your Majesty's Occasions may be supplied with ready Money before this additional Aid can be raised, we have by this Bill prepared an undoubted Security for all such Persons as shall bring their Money into the public Bank of Your Exchequer: As the Rivers do naturally empty themselves into the Sea, so we hope the Veins of Gold and Silver in this Nation will plentifully run into this Ocean, for the Maintenance of Your Majesty's just Sovereignty on the Seas."

"Great Sir,"

"When first we besought Your Majesty to correct the Insolencies, and to repair Your Subjects against the Rapines of the Dutch, we did reasonably suppose, that the Justice of Your Majesty's Demands would at least have had a fair and ingenuous Reception: But the Dutch resolved, with Machiavil, to keep by Force what they had got by Wrong, and to return their Answer by the thundering Voice of their Cannon. The Great GOD of HOSTS, to whom Vengeance belongs, hath eminently appeared in Your Majesty's Quarrel, and sharply rebuked the Insolence of that proud People, whose Heart is hardened, even to Destruction."

"'Tis true, our Sins do cry aloud, as well as theirs; but GOD is pleased in Mercy to correct us Himself, whilst by our Hands He doth punish them, and make them fly before us. I hope this Mercy will invite us to a National Repentance: And if GOD be with us, who then can be against us?"

"We cannot but take Notice of the sordid Defection of some English Fugitives, who have traiterously joined with the Dutch, both in their Councils and Actions, against Your Majesty and this their Native Country. We therefore have prepared a Bill, whereby they are enjoined to return by a Day, and answer to the Law; or else they shall be attainted and be subject to the Pains and Penalties of condemned Traitors."

"It hath been an old Observation, "That scandalous Livings make scandalous Ministers;" and this most frequently falls out in Cities and Corporate Towns, where are little or no predial Tithes; and therefore the Preachers, for meer Want, are forced to chant such Tunes as may best please the rich Men in their Parishes: For Prevention of this for the future, there is a Bill prepared, for the uniting of small Churches and Chapels in Cities and Towns Corporate by the Consent of the Patron, reserving, all other Parochial Rites distinct as they were before."

"This being a Time wherein Your Majesty needs great Supplies, we held it our Duty to ease the People in some unnecessary Expences; and therefore we have prepared a Bill for the more effectual proceeding upon Distresses and Avowries for Rents; another to avoid Circuity of Actions; and a Third to lessen the Charge of unnecessary Suits in Law: There is an ancient Fee received in Your Majesty's Courts of Law, called Damage Clear, or Damna Clericorum, which is the Tenth Penny of such Damages as are there recovered in many Actions. This was first introduced for the Encouragement of Clerks, to employ themselves to the Study of drawing special Pleadings, which are grown so familiar by the Disuse of real Actions, that the Fee now is looked upon as a Grievance, especially when the Plaintiff is forced to pay it upon the signing of his Judgement, and perhaps the Defendant is not able to answer any Part of the Execution: Therefore we have prepared a Bill for the regulating of this for the present, and after Seven Years to take it quite away."

"Tacitus hath a Saying, "Such as are false in their Love, are true in their Hate:" And this Rule we find verified in our Non-conformists. Whilst they were in the Bosom of the Church of England, they were like inward Vapours and inward Bleedings, always oppressing and strangling the Body of the Church; and now they are ejected and excluded from their ministerial Function, they have more Malice, and no less Opportunity to propagate their Principles, than they had before. Some of them are Objects of Pity. They submitted their Reason to their Leaders of a higher Classis, who failed them in their Hopes, and left them to the Rigour of the Law. These poor Creatures have seen their Error, and feel the Smart, and would live peaceably; but their Jesuitical Leaders keep up their Spirits, and herd with them in Cities and Corporate Towns, where, by Pretence of Persecution and Self-denial, they move the Pity of good-natured People, and with their Charity keep up their Party, lessen the Maintenance of conforming Ministers, and spread their Contagion amongst the Youth of the Nation: For the Prevention of this growing Mischief, we have prepared a Shiboleth, a Test to distinguish amongst them, who will be peaceable and give Hopes of future Conformity, and who of Malice and evil Disposition remain obdurate. The one we shall keep amongst us with all Love and Charity; the other we shall exclude from Cities and Corporate Towns, like those that have an infectious Disease upon them."

"It is not unusual for the Commons, at the Close of a Session of Parliament, by their Speaker, to present a Petition to their Sovereign; and, with Your Majesty's Leave, I am now commanded that Service."

"We do, with all humble Thankfulness to GOD, acknowledge our great Happiness, that we are governed by a Prince, whose Prudence in Counsel, whose Valour in Action, and whose fatherly Care in Protection of His People, is eminent through all the World: And it is not the least Mercy, both to Your Majesty and Your People, that GOD hath blessed You with a Brother so like Yourself."

"The Name of his Royal Highness is already enrolled amongst the Heroes of other Nations: But this his native Country had not so great Experience of him, till Your Majesty was pleased in this Summer's Expedition to trust him with the Conduct of the most Royal Fleet that ever sailed upon the Brittish Seas, wherein he shewed that Prowess, and that Prudence, and by the Blessing of ALMIGHTY GOD, was crowned with that Success against the Dutch, that we cannot pass it by in Silence; and yet we are at a Loss how to express our Thanks both to Your Majesty and to him. I am commanded, therefore, to beseech Your Majesty, that You will vouchsafe to let us make a Present to You, of a Month's Tax, to come in the Rear, after the Four and Twenty Months of Your Majesty's Royal Aid; and that Your Majesty will be pleased to bestow it upon his Royal Highness."

"And now, Great Sir, I have no more, but to beseech ALMIGHTY GOD, who hath so miraculously preserved Your Royal Person and Your Two Houses of Parliament from all Sickness and Contagion, during this Session, that He will be pleased to send Health throughout the Nation; that He will crown all Your Designs against Your Enemies with Victory and Success, and give Your Majesty a long and happy Reign over us."

Bills passed.

This being ended, the Clerk of the Crown read the Titles of these Bills following; and the Clerk of the Parliaments pronounced the Royal Assent to each several Bill, according to the Nature of it:

"1. An Act for granting the Sum of Twelve Hundred and Fifty Thousand Pounds to the King's Majesty, for His present further Supply."

"2. An Act for granting One Month's Assessment to His Majesty."

To these Bills the Royal Assent was severally pronounced in these Words,

"Le Roy, remerciant Ses bon Subjects, accepte leur Benevolence, et ainsi le veult."

"An Act for attainting Thomas Dolman, Joseph Bampfield, and Thomas Scott, of High Treason, if they render not themselves by a Day."

"An Act for uniting Churches, in Cities and Towns Corporate."

"An Act for a more speedy and effectual proceeding upon Distresses and Avowries for Rent."

"An Act for avoiding unnecessary Suits and Delays."

"An Act for taking away of Damage Clear."

"An Act for restraining Non-conformists from inhabiting in Corporations."

"An Act for Continuance of a former Act for regulating the Press."

The Royal Assent to these Bills was pronounced severally in these Words,

"Le Roy le veult."

"An Act for the Naturalization of Lewis Blanquefort and others."

The Royal Assent was pronounced in these Words,

"Soit fait come il est desiré."

This being ended, His Majesty made a short Speech, to this Effect:

Effect of the King's Speech.

"His Majesty told His Two Houses of Parliament, That He did not compliment with them, when He should tell them, That they had done for Him all that He could with they should have done; and therefore thanked them heartily."

"His Majesty further said, That He believed that no one there would imagine that He would have called them hither at this Time, if there had not been an absolute Necessity for it. He thanked them with all His Heart for their Affections shewed to Him in this present Supply; which though it is not to be supposed that it can last till the End of the Time in which it is to be raised (if the War should so long continue), yet His Majesty said, He could not expect that His Two Houses should do more than they had done at this Meeting, considering the Deadness of Trade through the whole Nation, by reason of the Contagion, which addeth to the many Streights they have to struggle with. And His Majesty said, That for their Kindness to His Brother, He thanked them no less than if what they had done for his Brother had been done for Himself; he having deserved so well of Himself and the whole Nation."

"His Majesty told them, that it is probable they should not meet till April next; but yet, left He might have Occasion for their Assistance sooner, He had given Order for the proroguing this Parliament but till February next; and if there should be no Occasion of coming together then, he would, by a Proclamation, give timely Notice thereof; and so left the Prorogation to be pronounced by the Lord Privy Seal."

Then the Lord Privy Seal spoke to this Effect:

"My Lords, and you Gentlemen of the House of Commons,"

Parliament prorogued.

"It is His Majesty's Pleasure, that this Parliament be prorogued to the Twentieth Day of February next to the City of Westminster. And accordingly this Parliament is prorogued to the Twentieth Day of February next."

Huc usque examinatur per nos,
Dorseft.
J. Bridgewater.
Dover.