Veneris 27 Febr. 15 Car. IIdi.
Prayers.
Preserving Woods, &c.
A Bill for the Punishing of unlawful Cutters and
Spoilers of Woods and Underwoods, and Destroyers of young Timber Trees, was this Day read the
First time.
Resolved, That this Bill be read the Second time on
This-day-sevennight.
Watling Street Road.
A Bill for repairing and maintaining the Highway
called Watling Street, in the County of Bedford, was
this Day read the Second time.
Resolved, &c. That this Bill be committed to Sir John
Duncombe, Sir Hum. Winch, Sir Robert Atkyns, Sir John
Goodrick, Sir Wm. Hickman, Mr. Crouch, Sir Hen. North,
Lord Ancram, Sir Wm. Lowther, Sir John Birkinhead,
Lord Fenshaw, Sir Lanc. Lake, Sir Rich. Franklyn,
Colonel Reames, Sir Clifford Clifton, Sir John Brampsion,
Lord Richardson, Mr. George, Mr. Peirse, Sir John
Rouse, Mr. Finch, Lord Gorge, Sir Phil. Musgrave,
Sir Fra. Goodrick, Sir Cha. Harbord, Mr. Westfaling, Sir
Rich. Onslow, Mr. Steward, Sir Tho. Allen, Mr. Hungerford, Sir Tho. Gower, Sir John Holland, Serjeant Charlton, Mr. Phillips, Sir Bain. Throckmorton: And all the
Members of this House, that serve for the Counties of
Buckingham, Northampton, Bedford, and Leicester, are
added to the said Committee: And they are to meet in
the Speaker's Chamber, at Two of the Clock this Afternoon: And have Power to send for Persons, Papers,
and Records.
Privilege.
Serjeant Charlton reports from the Committee of Privileges, the Case between Sir Richard Onslow and Mr.
Lucy; the Opinion of the Committee, That none of the
Persons complained against had done any thing criminal.
The Question being put, To agree with the Committee;
It was resolved in the Affirmative.
He also reports the Opinion of the Committee, That
Sir Richard Onslow had such a Notice of the Tryal, as
his not claiming his Privilege then would amount to a
Waving of his Privilege.
The Question being put, To agree with the Committee;
It was resolved in the Affirmative.
He also reports the Opinion of the Committee, That
the Turning out of Inwood, the Tenant in Possession, was
a Breach of Privilege on Sir Richard Onslow: And that
there ought to be such a Restitution granted to the
Tenant, as Tenant to Sir Richard Onslow; and that he
ought to attorn and pay his Rent to him.
The Question being put, To agree with the Committee;
It passed in the Negative.
Address on Declaration and Speech.
Sir Heneage Finch reports from the Committee appointed to collect and bring in the Reasons of this House
for their Vote of Advice to the King's Majesty; and, in
the Close of those Reasons, to add, That the House will
assist his Majesty with their Lives and Fortunes; and to
pen an Address to his Majesty for that Purpose; The
several Reasons, and Address, agreed by the Committee,
in Writing: Which he read in his Place; and did, after,
bring up and deliver the same in at the Clerk's Table.
The First Paragraph was read; and, upon the
Question, agreed to.
The Second Paragraph was read; and, on the Question, agreed to.
The Third was read; and, on the Question, agreed
to.
The Fourth Paragraph was read; and, on the
Question, agreed to.
The Fifth Paragraph was read.
Resolved, That, after the Word "Endeavours," these
Words, "by Your Declaration, be inserted.
And the same were done accordingly.
Resolved, &c. That the Words "by a gracious
Forbearance" be omitted.
Which were struck out accordingly.
Resolved, That these Words, "that there be any
Indulgence to such Persons who presume to dissent from
the Act of Uniformity," be inserted.
Which was done accordingly.
Resolved, &c. That the Paragraph, so amended, be
agreed to.
The Reasons were read.
The First Paragraph was read the Second time; and,
on the Question, agreed to.
The next Paragraph was read.
Resolved, &c. That the Word "and" be inserted,
instead of "if."
Resolved, &c. That this Clause be added in the Close
of the First Paragraph; "nor could it be otherwise understood, because there were Laws of Uniformity then
in being, which could not be dispensed with, but by Act
of Parliament."
Which was done accordingly.
Resolved, &c. That these Words "they who do
pretend a Right to that supposed Promise," be inserted
in the Beginning of the Second Paragraph.
Which was done accordingly.
Resolved, &c. That the Paragraph, so agreed to, do
pass.
The next Paragraph was read the Second time; and
agreed.
The next was read the Second time; and, on the
Question, agreed to.
The rest, until the last Paragraph, were severally read;
and, on the Question, agreed to.
An additional Reason, in Writing, tendered to be
inserted before the last Reason.
Resolved, &c. That the Reason, being in these Words,
"It is a thing altogether without Precedent, and will
take away all Means of convicting Recusants, and be
inconsistent with the Method and Proceeding of the
Laws of England," be inserted.
Which was done accordingly.
The last Reason was read.
Resolved, &c. That these Words, in the Close of the
last Paragraph; viz. "it being most notorious, that the
very Prayers, which some pretend to make for the Supreme Authority, are still mingled with vile and sediticus
Reflections;" be omitted.
The Question being put, To agree to the Address and
Reasons to be presented to his Majesty, as they are
amended, and read;
It was resolved in the Affirmative.
Which are as followeth; viz.
May it please Your most Excellent Majesty,
WE, Your Majesty's most dutiful and loyal Subjects,
the Knights, Citizens, and Burgesses, of the House of
Commons, in Parliament assembled, having, with all
Fidelity and Obedience, considered of the several Matters comprised in Your Majesty's late gracious Declaration of the Twenty-sixth of December last; and Your
most gracious Speech at the Beginning of this present
Session; do, in the First place, for ourselves, and in the
Names of all the Commons of England, render to Your
Sacred Majesty the Tribute of our most hearty Thanks,
for that infinite Grace and Goodness, wherewith Your
Majesty hath been pleased to publish Your Royal Intentions of adhering to Your Act of Indemnity and Oblivion, by a constant and religious Observance of it: And
our Hearts are further enlarged in these Returns of Thanksgivings, when we consider Your Majesty's most Princely
and Heroick Professions, of relying upon the Affections
of Your People, and abhorring all sorts of military and
arbitrary Rule. But, above all, we can never enough
remember to the Honour of Your Majesty's Piety, and
our own unspeakable Comfort, those solemn and most
endearing Invitations of us Your Majesty's Subjects, to
prepare Laws, to be presented to Your Majesty, against
the Growth and Increase of Popery; and, withal, to
provide more Laws against Licentiousness and Impiety;
at the same time declaring Your own Resolutions, for
maintaining the Act of Uniformity. And it becomes us
always to acknowledge and admire Your Majesty's
Wisdom, in this Your Declaration; whereby Your
Majesty is pleased to resolve, not only by Sumptuary
Laws, but by Your own Royal Example of Frugality, to
restrain that Excess in Men's Expences, which is grown so
general, and so exorbitant; and to direct our Endeavours
to find out fit and proper Laws for Advancement of
Trade and Commerce.
After all this, we most humbly beseech Your Majesty
to believe, That it is with extreme Unwillingness, and
Reluctancy of Heart, that we are brought to differ from
any thing, which Your Majesty hath thought fit to propose: And, though we do no way doubt, but that the
unreasonable Distempers of Mens Spirits, and the many
Mutinies and Conspiracies, which were carried on during
the late Intervals of Parliament, did reasonably incline
Your Majesty to endeavour, by Your Declaration, to
give some Allay to those ill Humours, till the Parliament
assembled; and the Hopes of an Indulgence, if the
Parliament should consent to it; especially seeing the
Pretenders to this Indulgence did seem to make some
Title to it, by virtue of Your Majesty's Declaration
from Breda; nevertheless, we Your Majesty's most dutiful
and loyal Subjects, who are now returned to serve in
Parliament from those several Parts and Places of Your
Kingdom, for which we were chosen, do humbly offer
it to Your Majesty's great Wisdom; That it is in no sort
adviseable, that there be any Indulgence to such Persons
who presume to dissent from the Act of Uniformity, and
Religion established; for these Reasons:
We have considered the Nature of Your Majesty's
Declaration from Breda; and are humbly of Opinion,
That Your Majesty ought not to be pressed with it any
further; because, it is not a Promise in itself, but only a
gracious Declaration of Your Majesty's Intentions, to do
what in You lay, and what a Parliament should advise
Your Majesty to do: And no such Advice was ever given,
or thought fit to be offered: Nor could it be otherwise
understood; because there were Laws of Uniformity
then in being, which could not be dispensed with, but by
Act of Parliament.
They, who do pretend a Right to that supposed Promise, put their Right into the Hands of their Representatives, whom they chose to serve for them in this Parliament; Who have passed, and Your Majesty consented
to the Act of Uniformity.
If any shall presume to say, That a Right to the Benefit of this Declaration doth still remain, after this Act
passed; it tends to dissolve the very Bonds of Government; and to suppose a Disability in Your Majesty, and
Your Houses of Parliament, to make a Law contrary to
any Part of Your Majesty's Declaration, though both
Houses should advise your Majesty to it.
We have also considered the Nature of the Indulgence
proposed, with reference to those Consequences which
must necessarily attend it.
It will establish Schism by a Law; and make the whole
Government of the Church precarious, and the Censures
of it of no Moment or Consideration at all.
It will no way become the Gravity or Wisdom of a
Parliament, to pass a Law at one Session for Uniformity;
and, at the next Session (the Reasons for Uniformity continuing still the same), to pass another Law, to frustrate
or weaken the Execution of it.
It will expose Your Majesty to the restles Importunity
of every Sect or Opinion; and of every single Person
aso, that shall presume to dissent from the Church of
England.
It will be a Cause of increasing Sects and Sectaries:
whose Numbers will weaken the true Protestant Profession so far, that it will, at least, become difficult for it to
defend itself against them: And, which is yet further
considerable, those Numbers which, by being troublesome to the Government, find they can arrive to an Indulgence, will, as their Numbers increase, be yet more
troublesome, that so, at length, they may arrive to a general Toleration, which Your Majesty hath declared
against; and, in time, some prevalent Sect will, at last,
contend for an Establishment; which, for aught can be
foreseen, may end in Popery.
It is a thing altogether without Precedent; and will
take away all Means of convicting Recusants, and be inconsistent with the Method and Proceedings of the Laws
of England.
Lastly, it is humbly conceived, that the Indulgence
proposed will be so far from tending to the Peace of the
Kingdom, that it is likely rather to occasion great Disturbance: And, on the contrary, that the Asserting of the
Laws, and the Religion established, according to the Act
of Uniformity, is the most probable Means to produce
a settled Peace and Obedience through the Kingdom;
because the Variety of Professions in Religion, when
openly indulged, doth directly distinguish Men into Parties, and, withal gives them Opportunity to count their
Numbers; which, considering the Animosities that, out
of a religious Pride, will be kept on Foot by the several
Factions, doth tend, directly and inevitably, to open
Disturbance: Nor can Your Majesty have any Security,
that the Doctrine or Worship of the several Factions,
which are all governed by a several Rule, shall be consistent with the Peace of Your Kingdom.
And, if any Person shall presume to disturb the Peace
of the Kingdom, we do, in all Humility, declare, That
we will for ever, and upon all Occasions, be ready, with
our uttermost Endeavours and Assistance, to adhere to,
and serve, Your Majesty, according to our bounden Duty
and Allegiance.
Time of receiving Address.
Ordered, That such Members of this House, as are of
his Majesty's Privy Council, do move the King's Majesty,
that he would give Leave to this House to wait on him,
at such Time and Place as his Majesty shall think fit and
appoint.
Committees.
Ordered, That all Committees that were to sit this
Afternoon be adjourned; and do sit To-morrow in the
Afternoon.
And then the House adjourned till To-morrow
Morning, Eight of the Clock.