House of Commons Journal Volume 9: 21 February 1671

Pages 205-207

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

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Martis, 21 die Februarii, 1670.



ORDERED, That the Grand Committee of Trade do sit To-morrow in the Afternoon, to proceed in the Matter depending before them, concerning the Fishing Trade.

Preventing Export of Wool.

Ordered, That a Committee be appointed, to consider of the former Laws, and to receive such Propositions and Expedients as shall be offered to prevent the Exportation of Wool out of England or Ireland, into foreign Parts; and to consider, by what Means it may be prevented; and to prepare and bring in a Bill; viz. Sir John Bramston, Sir Trevor Williams, Sir Adam Browne, Lord Obrian, Mr. Chalmondley, Sir John Lowther, Sir Edw. Massey, Sir Char. Harbord, Mr. Cheney, Sir Thom. Dolman, Sir Henry Herbert, Mr. Rigby, Mr. Crouch, Sir Charles Wheeler, Sir John Coriton, Sir Thomas Allen, Mr. Morrice, Sir Will. Doyley, Sir John Talbot, Sir Fran. Clarke, Mr. Trenchard, Colonel Phillipps, Sir Anthony Irby, Colonel Stroude, Mr. Westphaling, Colonel Birch, Sir John Knight, Mr. Wood, Mr. Jay, Sir Thomas Dolman, Sir John Newton, Sir Steph. Fox, Mr. Fowell, Sir John Barneby, Sir Robert Holt, Mr. Laghorne, Sir Courtney Poole, Mr. Hobby, Mr. Collins, Sir John Norton, Mr. Fox, Mr. Evelyn, Sir Rich. Ford; Mr. Ford, Mr. Knowles, Mr. Whorwood, Sir Solomon Swale: And all that shall come are to have Voices: And they are to meet at Two of the Clock in the Afternoon, in the Speaker's Chamber; and to consider of the Reasons of the Fall of the Price of Barley, and other Corn, in the Parts near London, or other Places; and to report the Matter, with their Opinions therein, to the House, after their Report made, concerning Wool: And to send for Persons, Papers, and Records.

Cirencester Election.

Serjeant Charlton reports from the Committee of Elections, the State of the Case, and the Evidences in the Election for the Borough of Cirencester in the County of Gloucester, being in Contest between Mr. Powle and Sir Robert Atkins the younger; and also the State of the Matter, in relation to the Disturbance at the Election: And that the Committee, upon Examination of the whole Matter, were of Opinion,

1st, That the Majority of the Voices of such as had Right of Electing, was for Mr. Powle.

2dly, That there was no such Disturbance or Miscarriage as could make void the Election.

3ly, That Mr. Powle was duly elected.

Resolved, &c. That this House doth agree with the Committee.

1st, That the Majority of the Voices of such as had Right of Electing, was for Mr. Powle.

2dly, That there was no such Disturbance or Miscarriage as could make void the Election.

3ly, That Mr. Powle was duly elected.

Defaulters to Call of the House.

Resolved, &c. That these Members following, Defaulters in Attendance upon the Call of the House, be sent for in Custody of the Serjeant at Arms, according to the former Order;

Sir Thomas Smith, John Arundell Esquire, Sir Geo. Fletcher, Sir Nicholas Slaining, Sir Will. Fenwicke, Lord Morpeth, Robert Leighton Esquire, Richard Norton Esquire, Sir Geo. Hungerford, Roger Talbot Esquire, John Harris Esquire, Thom. Coventry Esquire, Sir Wilfred Lawson, Sir Gilbert Ireland, Sir Francis Anderson, Sir Thom. Spenser, Sir Humph. Hooke, Arthur Bold Esquire, Sir Metcalfe Robinson, Robert Thomas Esquire.


Ordered, That the Committee, formerly appointed to draw up Reasons, upon the Conference to be had with the Lords, upon the Bill to prevent Delivery up of English Ships to Pirates, be revived; and do sit this Afternoon; and prepare their Reasons; and report them to the House.

Address on Growth of Popery.

Ordered, That Sir Trevor Williams do go up to the Lords, to desire their Concurrence to the Address agreed by this House to be presented to his Majesty, for preventing the Growth of Popery: Which is as followeth; viz.

May it please Your most Excellent Majesty;

WE Your Majesty's most humble and loyal Subjects, the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, being sensible of Your Majesty's Constancy to the Protestant Religion both at home and abroad, hold ourselves bound, in Conscience and Duty, to represent to Your most Sacred Majesty, the Causes of the dangerous Growth of Popery in these Your Majesty's Dominions, the ill Consequences whereof we heartily desire may be prevented: And therefore, what we humbly conceive to be some present Remedies for the said growing Mischiefs, we have hereunto added, in our most humble Petitions,

Causes of the Growth of Popery.

1st, THAT there are great Numbers of Priests and Jesuits frequenting the Cities of London and Westminster, and most of the Counties of this Kingdom, more than formerly, seducing Your Majesty's good Subjects.

2ly, That there are several Chapels and Places used for saying of Mass, in the great Towns, and many other Parts of this Kingdom; besides those in Ambassadors Houses; whither great Numbers of Your Majesty's Subjects constantly resort and repair without Controul, and especially in the Cities of London and Westminster, contrary to the established Laws.

3. That there are Fraternities or Convents of English Popish Priests and Jesuits, at St. James, and at the Combe in Herefordshire: and others, in other Parts of the Kingdom: Besides, several Schools are kept in divers Parts of this Kingdom, for the corrupt educating of Youth in the Principles of Popery.

4ly, The common and publick selling of Popish Catechisms and other seditious Popish Books, even in the Time of Parliament.

5ly, The general Remissness of the Magistrates, and other Officers, or Clerks of the Assize, and Clerks of the Peace, in not convicting of Papists, according to Law.

6ly, That suspected Recusants are free from all Offices chargeable and troublesome; and do enjoy the Advantages of Offices and Places beneficial, executed either by themselves, or Persons intrusted by them.

7. That the Advowsance of Churches, and Presentations to Livings, are disposed of by Popish Recusants, or by others intrusted by them, as they direct; whereby most of those Livings and Benefices are filled with scandalous and unfit Ministers.

8. That many Persons take the Liberty to send their Children beyond the Seas, to be educated in the Popish Religion; and that several young Persons are sent beyond the Seas, upon the Notion of their better Education, under Tutors or Guardians, who are not put to take the Oaths of Allegiance and Supremacy; and usually corrupt the Youths under their Tuition into Popery.

9. That there hath been few Exchequer Process issued forth since the Act of Oblivion, against the Popish Recusants convict, though many have been certified thither.

10. The great Insolencies of the Papists in Ireland, where doth publickly appear Archbishops and Bishops, reputed to be made such by the Pope, in Opposition to those made under his Majesty's Authority, according to the Religion established in England and Ireland: And the open Exercise of Mass in Dublin, and other Parts of that Kingdom, is a further great Cause of the present Growth of Popery.

That Peter Talbot, the reputed Archbishop of Dublin, was publickly consecrated so at Antwerpe, with great and publick Solemnity; from whence he came to London, where he exercised his Function, and was, all along his Journey to Chester, treated with the Character of "His Grace," by the Popish Recusants, whom he visited; and, at his Landing in Dublin, he was received with very great Solemnity, by those of the Popish Religion there; where also he exercised his Function publickly, great Multitudes then flocking to him; and still continues to do the same: His present Residence is within Three Miles of Dublin, at his Brother's Colonel Richard Talbot, who is now here, soliciting Your Majesty, as publick Agent, on the behalf of the Irish Papists of that Kingdom.

The Remedies against these growing Mischiefs, We the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, do, in all Humility, represent to Your Sacred Majesty, in these our Petitions following;

1. THAT Your Majesty, by Your Proclamation, would be most graciously pleased to command, That all Popish Priests and Jesuits do depart this Realm, and all other Your Majesty's Dominions, on or before a short Day to be prefixed, at their Perils; excepting only such foreign Priests as attend her Majesty's Person by the Contract of Marriage, and Ambassadors, according to the Law of Nations; and that all Judges and Justices of the Peace, and all other Ministers and Officers of Justice, do cause the Laws, now in Force against Popish Recusants, to be put in due Execution; and in the first Place, for the speedy Conviction of such Popish Recusants, that all Judges and Justices aforesaid do strictly give the said Laws in Charge unto the Juries, at all Assizes and Sessions, under the Penalty of incurring Your Majesty's highest Displeasure.

2ly, That Your Majesty would be graciously pleased to restrain and hinder the great Concourse of Your native Subjects, from hearing of Mass, and other Exercises of the Romish Religion, in the Houses of foreign Ambassadors or Agents, and in all other Chapels and Places of this Kingdom.

3ly, That Your Majesty would be most graciously pleased, out of Your most princely Wisdom, and pious Consideration, to take care, and cause, that no Office or Employment of publick Authority, Trust, or Command, in civil or military Affairs, be committed to, or continued in, the Hands of any Person, being a Popish Recusant, or justly suspected to be so.

4. That Your Majesty would be graciously pleased to take Notice of all Fraternities and Convents of English and other Popish Priests, Jesuits, or Friars, and Schools for the educating of Youth in the Principles of Popery, erected within your Majesty's Dominions; and to cause the same to be abolished, and the said Priests, Jesuits, Friars and Schoolmasters to be duly punished for such their Insolencies.

5ly, That Your Majesty would be graciously pleased, from time to time, to require, and cause, that all the Officers of, or relating to, the Exchequer issue forth Process effectually upon Popish Recusants convict certified thither; and that such Officer, as shall refuse or neglect to do his Duty, as aforesaid, be severely punished for such his Failure.

That Your Majesty would be graciously pleased to give Order, for apprehending, and bringing over into England, one Plunckett, who goes under the Name of Primate of Ireland, and one Peter Talbot, who takes on him the Name of Archbishop of Dublin, to answer such Matters as shall be objected against them.

To these our most humble Petitions, proceeding from our Duty and Zeal for the Glory of God, and Good of Your Sacred Majesty, and from the Care incumbent on us, for the Safety and Peace of these Your Majesty's Kingdoms, we do, in all Humility, beseech Your Majesty to vouchsafe a gracious Answer: And we Your Majesty's most loyal and obedient Subjects the and Commons, in this present Parliament assembled, shall ever pray for Your Majesty's long and happy Reign over us; and, as in Conscience we are obliged, shall constantly adhere to, and assist Your Majesty, in the Maintenance and Defence of Your Majesty's Supremacy, and the true Protestant Religion now established in Your Majesty's Dominions, in Opposition to all foreign Powers and Popish Pretensions whatsoever.

Lindsey Level.

The House then proceeded to the Debate of the Matter touching Lindsey Level: In which Cause, Counsel and Witnesses attending at the Door;

And the Counsel being called in;

And Mr. Ayliffe appearing a Counsel for Sir William Killigrew, Sir Henry Herne, and Sir John Dawes, the Parties concerned, as Adventurers;

And the Counsel being withdrawn;

Information being given to the House, that Mr. Ayliffe had been heretofore retained in the said Cause, and received several Fees, as Counsel for the Country; and, being instructed in the Merits of the Cause, had now suffered himself to be retained on the other Side;

Whereupon Mr. Ayliffe, being again called in to the Bar of the House; and being there heard, what he had to offer in Excuse for himself;

And being withdrawn; and the Matter debated;

The Question being propounded, That Mr. Ayliffe be excluded from appearing as Counsel at the Bar of this House, in this Cause;

It being proposed, that these Words; "or any other Cause," be added to the Question;

The Question being put, That the Words, "or any other Cause," be made Part of the Question;

The House divided.

The Yeas go out.


Sir Thom. Lee, for the Yeas, 69.
Mr. Seymor,
Lord Richardson, for the Noes, 121.
Sir Allen Apsely,

And so it passed in the Negative.

The Question being put, That Mr. Ayliffe be admitted to plead in this Cause;

It was resolved in the Affirmative.

Then, upon further Hearing of the Matter, the House being not satisfied, that there was sufficient Notice or Summons given to the Country, for the hearing of the said Cause on this Day;

Resolved, That the said Cause, concerning Lindsey Level, be heard, at the Bar of this House, on Tuesday the One-and-twentieth Day of March next ensuing.

Ordered, That Summons be delivered, in Writing, to the Ministers of the several Churches of the Parishes, Towns, and Villages here-under named, or, in their Absence, left at their Houses, to be by them published in their several Churches, after Divine Service, Ten Days or more, before the One-and-twentieth Day of March next ensuing; and also to fix it at the several Church Doors; and That to be a sufficient Summons. And it is likewise ordered, that this Summons be also left with the High Constables of the several Hundreds or Wapentakes of Aveland, Ashwardherne, Corton, and Elloe; to give Notice, that this House will proceed in the Hearing of the Cause, at the Bar of this House, on the said Oneand-twentieth Day of March; upon the Bill depending, for settling the Draining of the Fens called Lindsey Level in the County of Lincolne; whereof the Lords, Owners, and Commoners within the said Level are to take notice: And this Summons to be counted sufficient.

The Names of the Parishes, Towns, and Villages to be summoned, are as followeth; viz. Bourn, Morton, Hackenby, Dunsby, Rippingdale, Dowsly, Ashlackby, Pointon, Sempringham, Billingborough, Horbling, Briggen, Swaton, Helpringham, Little Hale, Great Hale, Heckington, Howell, Ewerby, Southkyme, Swineshead, Bickar, Quadring, Gosberton, Surflet, Pinchbeck, Spalding, and Cowbett.

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