House of Commons Journal Volume 9: 21 November 1670

Pages 167-168

Journal of the House of Commons: Volume 9, 1667-1687. Originally published by His Majesty's Stationery Office, London, 1802.

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Lunæ, 21 die Novembris, 1670.


Boston Port.

ORDERED, That Leave be given to bring in a Bill to preserve the Port of Boston, in the County of Lincolne.

Fitz James' Estate.

A Bill to enable the Daughters and Coheirs of Sir John Fitz James to sell Lands, to pay their Father's Debts, was read the Second time.

Resolved, &c. That the Bill be committed to Sir Edward Harlow, Sir Charles Wheeler, Mr. Crouch, Sir Thom. Higgons, Sir Anthony Irby, Mr. Hungerford, Sir Thom. Allen, Sir John Birkenhead, Sir John Barneby, Sir John Pettus, Mr. Hobby, Sir Robert Carr, Sir Hugh Windham, Sir Will. Lowther, Sir Edw. Masters, Sir John Talbott, Sir Gilbert Talbott, Mr. Trenchard, Sir Adam Browne, Mr. Hampden, Mr. Streete, Colonel Sandys, and all that serve for the several Counties of Dorset, Somerset, and Wiltes: And they are to . . . To-morrow at Two of the Clock the Afternoon, in the Speaker's Chamber: And to send for Persons, Papers, and Records.

Sir J. Prettyman.

Ordered, That the Matter touching Sir John Prettyman be taken into Consideration on Wednesday next: And that such Witnesses as can give Testimony in that Matter, do attend at that Time.

Kidderminster Stuffs.

An ingrossed Bill for regulating the making of Kidderminster Stuffs, was read the Third time.

Resolved, &c. That the Bill do pass: And that the Title be, An Act for the regulating the making of Kidderminster Stuffs: And Colonel Sandys to carry up the Bill to the Lords.

Duke of Albemarle's Estate.

A Message from the Lords, by Sir William Child and Dr. Baldwin;

Mr. Speaker, The Lords have sent you down a Bill, intituled, An Act to enable Christopher Duke of Albemarle, to reconvey several Manors and Lands mortgaged to George late Duke of Albemarle his Father; to which they desire the Concurrence of this House.

Forged Deeds against Pitt.

A Bill to null and make void certain forged Deeds, Bonds and Judgments, set on foot against George Pitt Esquire, and others, to Sir Geo. Pratt, was read.

Resolved, &c. That this Bill be read a Second time.

Obstructing Act against Conventicles.

The House then resumed the Consideration of the Report of Sir John Knight, touching libellous Books; and the Matter concerning Mr. Hayes and Mr. Jekell; according to former Order:

And the Matter relating to Mr. Hayes being first moved, and coming into Question and Debate; concerning his Violation of the Act against Conventicles, and the Attempts by him used on Sir Samuell Stirling, whilst he was Lord Mayor of London, to corrupt and divert him from the Execution of the Act: Upon which, and his Refusal to give Security for the good Behaviour, a Commitment ensued:

And Sir Samuell Sterling attending near the Door; and being, by Order, called in to the Bar of the House, to give an Account of this Matter, did testify to the Effect following; viz.

That about Thirteen Days, or a Fortnight before the Act against Conventicles took Place, Mr. Hayes came to him, upon Pretence of a Visit; and after some other Discourse told him, that he and his Friends had advised with good Counsel upon the Act; and that they were clear of Opinion, that there was but One hundred Pounds Penalty, if the Magistrate should totally forbear the Execution of the Act; and that That One hundred Pound should be paid, and Two hundred Pounds more secured to him. Sir Samuell Sterling replying, that he was advised there was Nine hundred Pound Penalty for every Default. Hayes made Answer, that it there were, he and his Friends would bear him out in what he should do. Upon which, Sir Samuell telling him, that it was very ill done in him to attempt to bribe a Magistrate to neglect his Duty; Hayes replied, Sir, you have an Estate to lose: You must take care what you do; for you shall be sure to answer it. Sir Samuell did also deliver a further Narrative and Account of the whole Proceedings in the Matter.

Sir Samuell Sterling withdrawing; and being again called in; and owning This (upon the Reading of it) to be the Effect of what he had testified;

Mr. Hayes was also called in to the Bar of the House; And what Sir Samuell had testified, being read to him; who denying the whole Matter of Fact, and pretending he had Two Witnesses at the Door, which could speak on his Behalf, to clear him;

Sir Joseph Sheldon, Sir Andrew King and others of the Lieutenancy of London also attending near the House; all the Parties were again called in:

And, upon hearing all the said Parties; as also the Witnesses of Mr. Hayes; the House being very well satisfied with the Truth of the Testimony and Account given in by Sir Samuell Sterling;

Resolved, &c. That this House doth give Approbation to what was done by the late Lord Mayor Sir Samuell Sterling, and the Lieutenancy of London, in committing of Mr. Hayes; and that it was done, in order to the Preservation of the King, and Peace of the Kingdom.

The House then proceeded to the Examination of the Matter concerning Mr. Jekell;

And Sir Samuell Sterling, and the other Persons of the Lieutenancy of London, and Mr. Jekell, being called in to the Bar of the House; and the Matter being fully heard;

Resolved, &c. That the Commitment of Mr. Jekell by the late Lord Mayor and the Lieutenancy of London, was in order to the Preservation of the King, and Peace of the Kingdom.

Conventicles, &c.

Resolved, &c. That a Committee be appointed to inspect the Act against Conventicles; and the Act of the Militia; and to see wherein either of them are defective; and how they may be supplied; and report the same to the House.

And it is referred to Sir Job Charleton, Lord Cornbury, Sir Thom. Lee, Sir Thom. Allen, Colonel Sands, Sir Allen Apsley, Sir Char. Wheeler, Sir Hugh Windham, Mr. Phillips, Sir Thom. Dolman, Sir John Birkenhead, Sir Solomon Swale, Sir John Barneby, Col. Birch, Sir Winston Churchill, Sir Will. Coventry, Mr. Garraway, Mr. Coleman, Sir Adam Browne, Sir Robert Carr, Sir John Duncombe, Mr. Williamson, Mr. Cheney, Mr. Buscowen, Sir Anthony Irby, Lord Fanshaw, Sir Will. Lowther, Sir Thom. Higgons, Sir Francis Goodricke, Sir Edw. Masters, Sir John Shaw, Mr. Hungerford, Mr. Milward, Sir Edw. Thurland, Mr. Cholmley, Mr. Hampden, Sir Nicholas Carew, Lord Richardson, Sir Tho. Meeres, Mr. Seymour, Sir John Heath, Mr. Devereux, Sir Gilbert Talbot, Mr. Daniell: And all that come are to have Voices: And they are to meet To-morrow at Two of the Clock in the Afternoon, in the Speaker's Chamber: And to send for Persons, Papers, and Records.

Ordered, That Mr. Attorney General do draw up and prosecute an Information against Mr. Hayes, in his Majesty's Court of King's Bench.

And then the House adjourned till To-morrow Morning, Eight of the Clock.