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House of Commons Journal Volume 9: 17 May 1675

Pages 339-340

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, 17 die Maii, 1675.

Prayers.

HErman Olmius, Cornelius Darvall, Jacob David, did this Day take the Oaths of Allegiance and Supremacy, in order to their Naturalization: And the Certificates of their having received the Sacrament of the Lord's Supper being perused and allowed by Mr. Speaker; and also a Certificate, that Richard Waller, Son of Sir William Waller, an Infant, is educated in the Protestant Faith: And their Names being twice read;

Ordered, That Herman Olmius, Cornelius Darvall, Jacob David, Richard Waller, be inserted into the Bill for Naturalization.

Privilege- Subpæna served on a Member.

The House being informed, that Sir William Blackett Baronet, a Member of this House, was served with a Subpæna, at the Suit of John Carye, out of the Exchequer, during the Privilege of Parliament;

Ordered, That the said John Carye be sent for in the Custody of the Serjeant at Arms attending this House, in causing the said Subpæna to be served on Sir Wm. Blackett, during the Privilege of Parliament.

Privilege of a Member in a Suit.

The House being informed of a Breach of Privilege committed against Sir Francis Lawley, a Member of this House, by suing him to an Outlawry, and Exigent thereupon, at the Suit of Sir Wm. Courtney; in the Prosecution whereof, one John Bird was Attorney, and one John Lathom and Henry White were the Instruments in making the Proclamation in order to the Exigent;

Ordered, That John Lathom and Henry White, for their Breach of Privilege, committed against Sir Francis Lawley, be taken into Custody of the Serjeant at Arms attending this House.

The Question being put, That the said John Birdthe Attorney be sent for in Custody;

The House divided.

The Yeas go out.

Tellers, Sir Gilbert Talbott, for the Yeas, 48.
Mr. Hall,
Tellers, Sir James Smith, for the Noes, 65.
Mr. Prideaux,

And so it passed in the Negative.

Ordered, That the Matter of Breach of Privilege, complained of on the Behalf of Sir Francis Lawley, a Member of this House, against one John Bird, an Attorney, in prosecuting the said Sir Francis to the Outlawry, during Session and Privilege of Parliament, be referred to the Committee of Privileges and Elections, to examine the Matter; and report it, with their Opinions, to the House.

Ditto.

Information being given to the House, on the Behalf of Mr. Faunt, a Member of this House, that he is summoned to attend the Execution of a Commission, issued at the Suit of one John Unwyn, out of the Chancery, for the Setting out of Lands;

Ordered, That the Execution of the said Commission, and all further Proceedings in this Suit in Chancery, be stayed during the Session and Privilege of Parliament.

Davyes' Estate.

Mr. Eyres reports from the Committee, to which the Bill to enable a Sale of certain Lands for Payment of the Debts of Alexander Davyes Gentleman, deceased, was committed, some Amendments agreed by the Committee to be made to the Bill: Which he read, with the Coherence, in his Place; and afterwards delivered the same in at the Clerk's Table: Where they were twice read; and, upon the Question, severally agreed to.

Resolved, &c. That the Bill with the Amendments agreed to, be ingrossed.

Russell's, &c. Nat.

Mr. Wright reports from the Committee, to which the Bill for the Naturalization of Theodore Russell, and others, was committed, That the Committee had perused the Bill and Certificates of the Persons therein mentioned, which are of Age, and have received the Sacrament; and of some other Persons, which they have proposed to be added and inserted by way of Amendment to the Bill: Which he read, with the Coherence, in his Place; and afterwards, delivered the same in at the Clerk's Table: Where the same were twice read; and, upon the Question, severally agreed to.

Resolved, &c. That the Bill, with the Amendments agreed, and now directed, be ingrossed.

Restraining Building.

Ordered, That all the Members for Middlesex and Surrey be added to the Committee to prevent further Building; and that the Committee do make a Provision for the Building of Churches, either in that Bill, or by any other Bill or Bills, in the Places where there are new Buildings, upon the Debates of the House, as they shall see Cause: And all that come to the said Committee are to have Voices.

Supply Bill; Foreign Commodities.

A Bill for laying an Imposition upon Meal, and other Commodities imported, and for settling of Rates on some Commodities, imported or exported, was read the Second time: And several Matters being offered to be added, and other Debates arising;

Resolved, &c. That the Bill be committed, upon the Debates of the House, to a Committee of the whole House: And that the House do resolve into a Committee of the whole House on Friday Morning next, after Ten of the Clock.

Conference on Case of Sir J. Fagg.

Sir Thomas Lee reports, That he had attended the Lords, and desired a Conference in the Case of Sir John Fagg, and that the Lords had consented to a present Conference.

Ordered, That Sir Tho. Lee, Mr. Serjeant Maynard, Mr. Sacheverell, Mr. Attorney Mountague, Sir Tho. Meres, Mr. Sawyer, Colonel Birch, Mr. Spry, Sir Tho. Clergis, Sir Tho. Littleton, Mr. Swynfen, Mr. Buscowen, Sir Richard Temple, Mr. Waller, Mr. Garraway, Sir Leo. Jenkins, Mr. Powle, Sir Edw. Deering, Sir Cha. Wheeler, be appointed to attend the Conference, and deliver the Vote of this House, concerning the Appeal, brought in the Lord's House by Doctor Shirley, against Sir John Fagg: Who went up accordingly.

Sir Richard Temple reports, That the Persons appointed had attended the Lords, and delivered the Vote of this House, concerning the Appeal brought by Doctor Shirley, against Sir John Fagg.

Reasons respecting Lords Message.

Sir Thomas Lee reports from the Committee appointed to draw up Reasons for the Conference to be had with the Lords, agreed by the Committee: Which are as followeth; viz.

1. For that the Message is by way of Interrogatory upon the Proceedings of the House of Commons, in a Case concerning the Privilege of a Member of that House, of which they are proper Judges.

2. For that the Matter of the Message carries in it an undue Reflection upon the Speaker of the House of Commons.

3. For that the Matter of the Message doth also highly reflect upon the whole House of Commons, in their Lordships questioning that House concerning their own Orders; which they have the more Reason to apprehend, because the Day before this Message was brought to them, the Warrant was owned, by the Complaint of the House of Commons to their Lordships, that the same was taken and detained from a Servant of theirs, by a Peer: Which imports, that the Question in that Message, could not be for Information only; and so tends to interrupt that mutual good Correspondency, which ought to be preserved inviolably, between the Two Houses of Parliament.

Papists not to sit in Parliament.

Resolved, &c. That the first Bill, concerning Religion, prepared by Order of this House, be brought in, and read, To-morrow Morning, at Nine of the Clock.

Suppressing Popery.

Resolved, &c. That the other Bill concerning Religion, be brought in, and read, on Wednesday Morning next, at Nine of the Clock.

Motion not to receive more Bills.

The Question being propounded, That no Bill be brought in or received, but such as are already ordered to be brought in, or shall be sent down from the Lords, till after the Recess mentioned in his Majesty's Speech;

The Question being put, That these Words, "unless it be upon extraordinary Occasion," be Part of the Question;

The House divided:

The Yeas go out.

Tellers, Mr. Windham, For the Yeas, 121.
Mr. Collingwood,
Tellers, Sir Wm. Hickman, For the Noes, 169.
Mr. Sacheverall,

And so it passed in the Negative.

Members not to be absent.

Ordered, That no Member of this House do presume to go out of Town without Leave of the House, asked, and granted, after Ten of the Clock.

Call of the House.

Ordered, That the House be called over on Wednesday in Whitsun Week.

Committees.

Ordered, That all Committees, which were discontinued, be revived; and do sit this Afternoon, in the Places formerly appointed.

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