Veneris, 23 die Aprilis, 1675.
SIR Elab Harvey reports from the Committee to
which the Bill for Naturalization of Alice Rushout
was committed, One Amendment, agreed to by the
Committee, to be made to the Bill: Which he read,
with the Coherence, in his Place; and after delivered
the same in at the Clerk's Table: And the same being
twice read; and agreed;
Resolved, &c. That the Bill, with the Amendment
agreed to, be ingrossed.
Fines and Recoveries.
A Bill for the better Assurance of such as claim under
ancient Fines and Recoveries, was read a Second time.
Resolved, &c. That the said Bill be committed to Mr.
Serj. Maynard, Mr. Nicholas Morris, Sir John Trevor,
Sir Tho. Clergis, Sir John Lowther, Sir Geo. Reeve, Sir
Tho. Dolman, Sir John Brampston, Sir John Otway, Mr.
Tho. Morris, Mr. Rigby, Mr. Rob. Wright, Sir John
Heath, Sir Cha. Harbord, Mr. Mallett, Mr. Powle, Mr.
Westfaling, Sir John Knight, Mr. Price, Mr. Hall, Sir
Leoline Jenkins, Sir Wm. Doyley, Mr. Sawyer, Mr. Hugh
Boscowen, Sir Franc. Drake, Sir Edw. Jenings, Sir Hen.
Ford, Col. Strode, Sir Joseph Tredenham, Sir Courtney
Poole, Mr. Edw. Boscowen, Mr. Culliford, and all the
Members of the House that are of the Long Robe: And
they are to meet on Monday next, at Two of the Clock
in the Afternoon, in the Speaker's Chamber: And to
send for Persons, Papers, and Records.
A Bill for the better Preservation of the Piscary in
the Rivers of Avon, Seavorne, and Tame, was read the
Resolved, &c. That the Bill be committed to Col.
Sands, Sir Wm. Doyley, Sir John Lowther, Mr. Serjeant
Maynard, Sir Wm. Terringham, Sir John Knight, Sir
Edw. Masters, Sir Lanc. Lake, Sir John Heath, Sir Fra.
Russell, Sir Robert Barnham, Sir Phill. Musgrave, Sir
Tho. Allen, Sir Edm. Jenings, Sir John Trever, Sir Nich.
Carew, Sir Antho. Irby, Mr. Westfaling, Sir Thomas
Mompesson, Mr. Stockdale, Mr. Marvell, Sir Hen. Goodrick, Sir Hen. Ford, Col. Strode, Mr. Linfeild, Sir Richard
Ford, Mr. Maynard, Mr. Crouch, Col. Grey, Sir Courtney
Poole, Sir Cha. Harbord, Sir John Birkenhead, Mr. Price,
Sir Elyab Harvy, Sir James Smith, Mr. Culliford, Sir
John Norton, Mr. Powle, Mr. Devereux, Sir Fr. Rolls,
and all that serve for Worcester, Hereford, Gloucester,
and Salop: And all that come are to have Voices: And
they are to meet at Two of the Clock on Monday next,
in the Afternoon, in the Speaker's Chamber; and to
make the Bill general: And to send for Persons, Papers,
A Bill for Regulating Election of Members to serve
in Parliament, was read the First time.
Resolved, &c. That this Bill be read a Second time.
Delays of Suits.
A Bill to revive and perpetuate a late Act for avoiding
unnecessary Suits and Delays, was read.
Resolved, &c. That this Bill be read a Second time.
Address for removing the Duke of Lawderdale.
The House then resumed the adjourned Debate concerning the Testimony of Mr. Burnett, touching the
Duke of Lawderdale.
Ordered, That Notice be given by the Serjeant at Arms
attending this House, to Mr. Burnett, to attend forthwith at the Bar of this House, to give in his Testimony,
relating to the Duke of Lawderdale.
Mr. Powle reports the Reasons agreed by the Committee, for the Address to be presented to his Majesty,
against the Duke of Lawderdale: Which he read in his
Place; and after delivered the same in at the Clerk's
Table: And the same were again read.
The First Paragraph being the Preface to the Address,
was read the Second time; and postponed, upon the
The Second Paragraph was read the Second time.
Resolved, &c. That instead of these Words, "none
we can more justly," these Words, "we have just Reason
to," be inserted in this Paragraph.
Resolved, &c. That these Words, "and declaring his
Inclinations to arbitrary Councils, in Terror of your
good People," be added at the End of this Paragraph.
The Question being put, To agree with the Committee,
that this Paragraph, with the Amendments, be Part of the
It was resolved in the Affirmative.
The Third Paragraph was read a Second time.
The several Acts of the Parliament of the Kingdom
of Scotland were read.
The Question being put, To agree with the Committee,
that the Third Paragraph be made Part of the Address;
The House divided.
The Noes go forth.
||Sir John Moreton,
||for the Yeas,
|Sir Franc. Drake,
||Sir John Talbott,
||for the Noes,
|Sir John Hanmer,
And so it was resolved in the Affirmative.
The last Paragraph being read a Second time, was,
upon the Question, agreed.
The Preamble, which was postponed, being again read,
it was, upon the Question, agreed.
Which Address is as followeth; viz.
WE Your Majesty's most dutiful and loyal Subjects,
the Commons, in this present Parliament assembled, do,
with humble Thankfulness, acknowledge Your Majesty's
Care for the Safety of Your People, in calling us together
at this Time, to consult of the best Means for the Preservation of our Religion and Properties: And though
we have great Cause to rest assured of the Continuance
of Your Majesty's gracious Disposition towards us; yet
we find, upon a serious Examination of the State of this
Kingdom, that there is a great Jealousy arisen from some
late Proceedings, in the Hearts of Your Subjects, that
some Persons in great Employment under Your Majesty,
have fomented Designs, contrary to the Interest both of
Your Majesty and your People, intending to deprive us
of our ancient Rights and Liberties, that thereby they
might the more easily introduce the Popish Religion,
and an arbitrary Form of Government over us, to the
Ruin and Destruction of the whole Kingdom.
Amongst those who are at present employed under
Your Majesty, we have just Reason to accuse for a Promoter of such Designs, the Duke of Lawderdale, lately
created Earl of Guilford; because we have had it testified
in our House, by several of our own Members, that, in the
Hearing before the Council of the Case of Mr. Penystone
Whaley, who had committed Mr. John James, contrary
to Your Majesty's Declaration of the 15th of March 1671,
he the said Duke of Lawderdale did openly affirm, in
the Presence of Your Majesty sitting in Council, and
before divers of Your Subjects then attending there, that
Your Majesty's Edicts ought to be obeyed; for Your
Majesty's Edicts are equal with Laws; and ought to be
observed in the first Place; thereby, as much as in him
lay, justifying the said Declaration, and the Proceedings
thereupon; and declaring his Inclination to arbitrary
Councils, in Terror of Your good People.
And we are further confirmed in this Opinion, by Two
late Acts of Parliament, of a very strange and dangerous
Nature, which we have observed amongst the printed
Statutes of the Kingdom of Scotland; the First whereof
was in the Third Session of the First Parliament, held
there under Your Majesty, Cap. 25. and the other, in
Your Majesty's Second Parliament, Cap. 2. the like
whereof have never passed, since the Union of the Two
Crowns; and are directly contrary to the Intention of
an Act passed here in the Fourth Year of the Reign of
King James, for the better Abolition of all Memory of
Hostility, and the Dependencies thereof, between England and Scotland, and for the Repressing of Occasions
of Discords and Disorders in Time to come; and of a
like Act, passed about the same Time in the Kingdom
of Scotland: By Force of which said late Acts there is a
Militia settled in that Kingdom, of Twenty thousand
Foot, and Two thousand Horse; who are obliged to be
in a Readiness to march into any Part of this Kingdom,
for any Service wherein Your Majesty's Honour, Authority, or Greatness may be concerned; and are to obey
such Orders and Directions, as they shall from time to
time receive from the Privy Council there.
By Colour of which general Words, we conceive, this
Realm may be liable to be invaded, under any Pretence
whatsoever: And this hath been done, as we apprehend,
principally by the Procurement of the said Duke of
Lawderdale; he having all the Time of these Transactions
been principal Secretary of the said Kingdom, and chiefly
intrusted with the Administration of Affairs of State
there; and himself Commissioner for holding the Parliament at the Time of passing the latter of the said Acts,
whereby the Providing of the said Horse and Foot is
effectually imposed upon the said Kingdom, and this
extraordinary Power vested in the Privy Council there:
And we conceive we have just Reason to apprehend the
ill Consequences of so great and unusual a Power;
especially while the Affairs of that Kingdom are managed
by the said Duke, who hath manifested himself a Person
of such pernicious Principles.
We do therefore, in all Humility, implore Your Sacred
Majesty; considering how universal a Fame and Clamour
of the said Misdemeanors runneth openly throughout
all Your Realm, that for the Ease of the Hearts of Your
People, who are possessed with extreme Grief and Sorrow
to see Your Majesty thus abused, and the Kingdom
endangered, that Your Majesty would graciously be
pleased to remove the said Duke of Lawderdale from all
his Employments, and from Your Majesty's Presence
and Councils, for ever; as being a Person obnoxious and
dangerous to the Government.
Mr. Burnett, attending, according to the Order of the
House, was called in: And having answered to several
Questions proposed to him by Mr. Speaker, withdrew:
And the House not being satisfied with his Answer, he
was again called in, to give in a further Answer: Which
he having done, and being again withdrawn; and this
House being not yet fully satisfied with his Answer, he
was again called in, to explain himself: And being
withdrawn, some Heads of his Testimony were (to avoid
Mistakes) reduced into Writing:
And he being again called in; and the same being read
to him; and he having amended it in some Particulars,
at the Bar of the House, the same is as followeth;
That, coming into England out of Scotland, on the
First Saturday in September 1673, he went to visit the
Duke of Lauderdale, at his Lodgings over the Gate-house
in Whitehall, where the Duke and he discoursed of the
Affairs of this Nation, and Scotland; and particularly
concerning the Proceedings of Parliament, touching the
Declaration for suspending Penal Laws in Matters Ecclesiastical: And being afterwards asked, Whether if Scotland
being called in to assist the King, they would assist him
or not? he answered, He thought they would not: But
that the Duke replied, He believed they would; and that
they coming into England, would bring a great many.
That the Duke, asking him of the Affairs of Scotland,
he answered, That the People in Scotland, that were at
such a Distance, could not imagine what to think of the
King's Speech, and what was afterwards done concerning the Declaration: Whereto the Duke replied, Hinc
illæ lachrymæ! That all had deserted the King, except
himself and the Lord Clifford.
And a Debate arising thereupon;
Resolved, &c. That the Debate be adjourned till
Thursday Morning next, at Ten of the Clock.
Resolved, &c. That such Members of this House as
are of his Majesty's Privy Council, be desired to know
his Majesty's Pleasure, when he will be attended with
the Address touching the Duke of Lawderdale.
Resolved, &c. That all the Committees that were to
sit this Afternoon, be adjourned.
And then the House adjourned till To-morrow
Morning, Eight of the Clock.