Sabbati, 27 die Januarii;

5° Gulielmi et Mariæ.

Prayers.

Privilege—Persons in Custody petitioning for discharge.

A PETITION of James Mitchell, and Edward Walter, in Custody of the Serjeant at Arms, for a Breach of Privilege committed against Mr. Chaplin, a Member of this House, was presented and read; whereby they acknowleged their Offence, and begged Pardon for the same; and prayed to be discharged out of Custody.

Ordered, That the said James Mitchell, and Edward Walter, be brought to the Bar of this House upon Monday Morning next, in order to their Discharge.

Leave of Absence.

Ordered, That Mr. Machell have Leave to go into the Country, for Recovery of his Health.

Ordered, That the Lord Irwyn have Leave to go into the Country for a Fortnight, upon extraordinary Occasions.

Ordered, That Sir John Bland have Leave to go into the Country for Three Weeks, upon extraordinary Occasions.

Members summoned.

Ordered, That the Serjeant at Arms do go into Westminster-hall, and to the several Courts there, and into the Court of Requests; and require the immediate Attendance of the Members of this House.

And he went with the Mace accordingly.

And, being returned;

Representation on Refusal of Royal Assent.

Colonel Granville reported from the Committee, to whom it was referred to draw up, and prepare an humble Representation to his Majesty, upon the Resolutions Yesterday made by this House, That they had prepared the same accordingly; which they had directed him to report to the House; and which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same was read; and is as followeth; viz.

May it please Your most Excellent Majesty

We your Majesty's most dutiful and loyal Subjects, the Commons in Parliament assembled, think ourselves bound, in Duty to your Majesty, humbly to represent, that the Usage in Parliament in all times hath been, That what Bills have been agreed by both Houses, for the Redress of Grievances, or other publick Good, have, when tendered to the Throne, obtained the Royal Assent; and That there are very few Instances, in former Reigns, where such Assent, in such Cases, hath not been given; and those attended with great Inconveniencies to the Crown of England: especially where the same hath been with-held, by Insinuations of particular Persons, without the Advice of the Privy-Council, thereby creating great Dissatisfactions and Jealousies in the Minds of the People.

Your Commons therefore, out of their sincere Desire of the Welfare of your Majesty, and your Government; and that you may always reign, in Prosperity and Happiness, in the Affection of your Subjects; cannot, without Grief of Heart, reflect, That, since your Majesty's Accession to the Crown, several publick Bills, made by Advice of both Houses of Parliament, have not obtained the Royal Assent; and, in particular, one Bill, intituled, An Act touching free and impartial Proceedings in Parliament, which was made to redress a Grievance, and take off a Scandal relating to the Proceedings of your Commons in Parliament; after they had freely voted great Supplies for the publick Occasions: Which they can impute to no other Cause, than your Majesty's being unacquainted with the Constitutions of Parliament, and the Insinuations of particular Persons, who take upon them, for their own particular Ends, to advise your Majesty contrary to the Advice of Parliament; and therefore cannot but look on such as Enemies to your Majesty, and your Kingdom.

We beg, Sir, you will be pleased to consider us as answerable to those we represent: And it is from your Goodness we must expect Arguments to soften to them, in some measure, the necessary Hardships they are forced to undergo in this present Conjuncture: And therefore humbly beseech your Majesty, for the removing of all Jealousies from your People, without which the Parliament will be less able to serve your Majesty, or to support the Government, to be pleased to follow the Course of the best of your Predecessors; and to direct some Expedient, whereby your Majesty, your Parliament, and People, may reap the Fruit designed by that Bill, to which your Majesty, by ill Advice, was pleased so lately to deny the Royal Assent.

The First Paragraph, being read a Second time, was, upon the Question put thereupon, agreed unto by the House.

The Second Paragraph being read a Second time;

An Amendment was proposed to be made therein, by leaving out "your Majesty's being unacquainted with the Constitutions of Parliament, and."

And the same was, upon the Question put thereupon, agreed unto by the House.

And then the said Paragraph was, upon the Question put thereupon, agreed unto by the House.

The Third Paragraph being read a Second time;

And the Question being put, That the House do agree to the said Paragraph;

It passed in the Negative.

Ordered, That Mr. Boyle, Mr. Hutchinson, Mr. Comptroller, Mr. Wharton, Sir Robert Rich, Sir Fra. Winington, Mr. Pelham, Sir John Lowther, Mr. Smith, Mr. Mountague, Sir Walt. Young, Mr. Harley, Sir Tho. Clarges, Mr. Secretary . . . . . . . . ., Sir Jos. Williamson, Mr. Palmes, Lord Digby, Lord Colchester, Lord Elan, Sir John Thompson, Mr. Bromley, Mr. Gwyn, Mr. Finch, Lord Bellamont, Mr. Hopkins, Lord Ranelagh, do withdraw into the Speaker's Chamber, and prepare a Conclusion for the said Representation, upon the Debate of the House; and present the same to the House.

And the Members withdrew accordingly.

Mr. Vice-Chamberlain reported, That the Members who had withdrawn, had prepared a Conclusion to the said Representation; which they had directed him to report to the House; and which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same was twice read, and agreed unto by the House; and is as followeth:

Upon these Considerations, we humbly beseech your Majesty to believe, That none can have so great a Concern and Interest in the Prosperity and Happiness of your Majesty, and your Government, as your Two Houses of Parliament: And do therefore humbly pray, That, for the future, your Majesty would graciously be pleased to hearken to the Advice of your Parliament, and not to the secret Advices of particular Persons, who may have private Interests of their own, separate from the true Interest of your Majesty, and your People.

Resolved, That the said Representation, so amended, be agreed unto by the House; and is as followeth; viz.

May it please Your most Excellent Majesty,

We your Majesty's most dutiful and loyal Subjects, the Commons in Parliament assembled, think ourselves bound, in Duty to your Majesty, humbly to represent, That the Usage in Parliament in all times hath been, That what Bills have been agreed by both Houses, for the Redress of Grievances, or other publick Good, have, when tendered to the Throne, obtained the Royal Assent; and that there are very few Instances, in former Reigns, where such Assent, in such Cases, hath not been given; and those attended with great Inconveniencies to the Crown of England; especially where the same hath been with-held, by Insinuations of particular Persons, without the Advice of the Privy-Council, thereby creating great Dissatisfaction and Jealousies in the Minds of your People.

Your Commons therefore, out of their sincere Desire of the Welfare of your Majesty, and your Government; and that you may always reign, in Prosperity and Happiness, in the Affection of your Subjects; cannot, without Grief of Heart, reflect, That, since your Majesty's Accession to the Crown, several publick Bills, made by Advice of both Houses of Parliament, have not obtained the Royal Assent; and, in particular, one Bill, intituled, An Act touching free and impartial Proceedings in Parliament; which was made to redress a Grievance, and take off a Scandal relating to the Proceedings of your Commons in Parliament; after they had freely voted great Supplies for the publick Occasions: Which they can impute to no other Cause than the Insinuations of particular Persons, who take upon them, for their own particular Ends, to advise your Majesty contrary to the Advice of Parliament; and therefore cannot but look on such as Enemies to your Majesty, and your Kingdom.

Upon these Considerations, we humbly beseech your Majesty to believe, That none can have so great a Concern and Interest in the Prosperity and Happiness of your Majesty, and your Government, as your Two Houses of Parliament: And do therefore humbly pray, That, for the future, your Majesty would graciously be pleased to hearken to the Advice of your Parliament, and not to the secret Advices of particular Persons, who may have private Interests of their own, separate from the true Interest of your Majesty, and your People.

Resolved, That the said humble Representation be presented to his Majesty by Mr. Speaker, and the whole House.

Ordered, That such Members of this House that are of his Majesty's most Honourable Privy-Council, do humbly know his Majesty's Pleasure, when he will please to be attended by this House.

Irish Forfeitures.

Ordered, That the Bill to vest the forfeited Estates in Ireland in their Majesties, to be applied to the Use of the War, be read the Second time upon Wednesday Morning next.

London Orphans Fund.

Resolved, That this House will, upon Friday Morning next, at Ten a Clock, resolve itself into a Committee of the whole House, to consider of the Petition of the Lord Mayor, Aldermen, and Common-Council, of the City of London, relating to the Orphans of the said City.

And then the House adjourned till Monday Morning, Nine a Clock.