BHO

House of Commons Journal Volume 9: 20 May 1675

Pages 342-343

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

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Jovis, 20 die Maii, 1675.

Prayers.

HEritage Lenten did this Day take the Oaths of Allegiance and Supremacy in Order to his Naturalization: and brought in a Certificate, of his having received the Sacrament: And his Name being twice read;

Ordered, That the Name of Heritage Lenten be inserted into the Bill of Naturalization.

Moor-burning.

A Bill to prevent Moor-burning in several Northern Counties, was read the Second time.

Resolved, &c. That the Bill be committed, upon the Debates of the House, to Mr. Palmes, Sir Trev. Williams, Mr. Crouch, Mr. Peirc. Goring, Mr. Wynn, Sir Rich. Ford, Sir Edw. Masters, Sir John Pettus, Sir Wm. Lewis, Sir Fra. Drake, Sir Fr. Russell, Mr. Stockdale, Sir Anth. Irby, Sir Lanc. Lake, Mr. Serjeant Maynard, Sir Nich. Carew, Mr. Morrice, Sir Phill. Musgrave, Colonel Gilby, Sir Jos. Tridenham, Colonel Sands, Sir Edw. Deering, Sir Jeoffry Shakerley, Sir Cha. Harbord, Mr. Price, Sir Cha. Wheeler, Sir Wm. Bucknall, Sir Rich. Temple, Sir John Mallett, Sir John Trever, Sir Rich. Wynn, Colonel Strode, Mr. Cholmondley, Sir Fr. Roll, and all that serve for the Counties of Yorke, Cumberland, Westmorland, Monmouth, Hereford, Surry, Sussex, Hampshire, Devon, Wilts, Lancashire and Cheshire: And all that shall 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.

Piscary Preservation.

An ingrossed Bill to preserve and regulate the Fishing in several Rivers of this Kingdom, was read.

Several Provisoes and Clauses, were twice read; and, upon the Question, agreed; and then read the Third time; and ordered to be made Part of, and added to the Bill.

Resolved, &c. That the Bill, with the Provisoes and Clauses agreed, do pass: And that the Title be, An Act to preserve and regulate the Fishing in several Rivers of this Kingdom.

Thirske Election.

Sir Thomas Meres reports the State of the Case, and Evidence, in the Election for the Borough of Thirske in the County of Yorke, between Sir William Wentworth and Mr. Wharton; and Three Votes passed at the Committee: Which are as follow; viz.

Resolved, &c. That Sir William Wentworth is not duly elected to serve in this present Parliament for the Borough of Thirske.

Resolved, &c. That Mr. Wharton is not duly elected to serve in this present Parliament for the Borough of Thirske.

Resolved, &c. That the said Election for the Borough of Thirske in the County of Yorke is a void Election.

The First Vote being twice read;

The Question being put, To agree with the Committee, that Sir Wm. Wentworth is not duly elected to serve in this present Parliament for the Borough of Thirsk;

The House divided:

The Noes go out.

Tellers, Sir Eliab Harvey, for the Yeas, 119.
Mr. Stockdale,
Tellers, Sir Tho. Dolman, for the Noes, 146.
Mr.Spencer,

And so it passed in the Negative.

The Question being put, That Sir Wm. Wentworth is duly elected to serve in this present Parliament for the Borough of Thirske;

It was resolved in the Affirmative.

Resolved, &c. That Sir Wm. Wentworth is duly elected to serve in this present Parliament for the Borough of Thirske in the County of Yorke.

Privilege-Lords' Jurisdiction in the Case of Mr. Onslowe.

Sir Tho. Lee reports from the Committee appointed to draw up Reasons to be offered at the Conference to be had with the Lords upon the Privileges of this House, contained in the Lords Answer to the last Message of this House, in the Case of Mr. Onslowe: Which were twice read; and, with some Alterations at the Clerk's Table, upon the Question, severally agreed to: Which are as followeth; viz.

1. That, by the Laws and Usage of Parliament, Privilege of Parliament belongs to every Member of the House of Commons, in all Cases, except Treason, Felony, and Breach of the Peace; which hath often been declared in Parliament, without any Exception of Appeals before the Lords.

2. That the Reason of that Privilege is, that the Members of the House of Commons may freely attend the publick Affairs in that House without Disturbance or Interruption; which doth extend as well to Appeals before the House of Peers, as to Proceedings in other Courts.

3. That, by the constant Course and Usage of Parliament, no Member of the House of Commons can attend the House of Lords, without the especial Leave of that House first obtained; much less be summoned or compelled so to do.

4. If the Lords shall proceed to hear and determine any Appeal, where the Party neither can nor ought to attend, such Proceedings would be contrary to the Rules of Justice.

5. That the not determining of an Appeal against a Member of the House of Commons is not a Failure of Justice, but only a Suspension of Proceedings, in a particular Case, during the Continuance of that Parliament, which is but temporary.

6. That in case it were a Failure of Justice, it is not to be remedied by the House of Lords alone; but it may be by Act of Parliament.

A Debate arising upon an Addition of some further Instruction to be given to the Managers of the Conference, for confining the Conference to the Matter of Privilege only;

Ordered, That it be referred to the former Committee, who drew up the Reasons, to prepare and bring in a Clause To-morrow Morning, on the Debates of the House.

Lords desire a Conference.

A Message from the Lords, by Sir Timothy Baldwyn and Sir Edward Lowe;

Mr. Speaker, The Lords desire a Conference with this House, upon the Subject Matter of the last Conference, To-morrow Morning, at Ten of the Clock, in the Painted Chamber: And have commanded us to acquaint you, that they have agreed to the Bill, sent from this House, intituled, An Act to enable Sir Francis Compton to make Sale of the Manor of Hamerton in the County of Huntington: And to the Amendments, sent from this House, to the Bill, sent from the Lords, intituled, An Act for granting a Licence to his Highness Prince Rupert Duke of Cumberland, for One-and-thirty Years.

And the Messengers being withdrawn;

Agreed to.

Resolved, &c. That this House doth agree to the Conference desired by the Lords, To-morrow Morning, Ten of the Clock, in the Painted Chamber: And that the former Managers do attend the Conference.

And the Messengers being called in, Mr. Speaker acquainted them, that this House doth agree to the Conference, desired by the Lords, To-morrow Morning, Ten of the Clock, in the Painted Chamber.

Orders of the Day for tomorrow.

Resolved, &c. That both the Bills, the first concerning hindering Papists to sit in Parliament; and the other Bill, read Yesterday, to prevent the Growth of Popery, be read To-morrow Morning, at Nine of the Clock, successively: And, if Time will serve, that then the Report of Chester Election be received; if not, then it is to be received the next Sitting of the House, at Nine of the Clock in the Morning.

Further Address for recalling Subjects from France.

Sir Tho. Littleton reports from the Committee appointed to prepare the further Address of this House to his Majesty, for the recalling such of his Subjects as are in the Service of the French King, an Address, prepared and drawn up in Writing; which he delivered in at the Clerk's Table: Which is as followeth; viz.

WE Your Majesty's humble and loyal Subjects, the Commons, assembled in Parliament, do, with all Duty and Thankfulness, acknowledge Your Majesty's gracious Promise, in answer to Part of our former Address, to use all effectual Means, both to forbid and hinder the going over of any more of Your Majesty's Subjects to the Service of the French King: And we humbly crave Leave further to represent to your Majesty, That since the Peace made with the United Netherlands, notwithstanding the Declaration of Your Royal Pleasure, and all Endeavours used to the contrary, great and considerable Numbers of Your Subjects, as well heretofore as since our late Application, have, and daily do transport themselves, out of several Parts of Your Majesty's Kingdoms and Dominions, for the Service of that King, as Recruits to the Troops and Regiments remaining there at the Conclusion of the said Peace, receiving Encouragement so to do, as we have Reason to apprehend, by the Continuance of a standing Body of Your Majesty's Subjects in that Service; whereby Your Majesty's Honour and Authority has been disregarded, great Reputation given, and Success obtained, by that Assistance, in the Behalf of the said King; and, if longer permitted, may tend to the Discountenance and Discouragement of those many Protestants, and other Confederates, now engaged in their common Defence against him, and to the Hazard of Flanders; which we humbly conceive to be contrary to the true and undoubted Interest of Your Majesty, and these Your Kingdoms, and like to prove of fatal Consequence: And therefore we do again presume to address ourselves to Your Majesty, and humbly pray, that Your Majesty would be pleased to recall Your Subjects that are in the Service of the French King.

The Question being put, That the Address be now read;

The House divided.

The Yeas go out.

Tellers, Sir John Mallet, for the Yeas, 94.
Colonel Byrch,
Tellers, Sir Chr. Musgrave, for the Noes, 94.
Mr. Collingwood,

And so the Voices being even, and Mr. Speaker giving his Voice with the Yeas;

It was resolved in the Affirmative.

And the Address was read.

Resolved, &c. That the further Consideration of this Address to his Majesty, for recalling his Subjects, that are in the Service of the French King, be adjourned till Wednesday Morning next.

Privilege- persons in custody to be examined.

A Motion being made on the Behalf of Mr. Hastings and Mr. Crooke, who now stand committed to the Serjeant at Arms for a Breach of Privilege; and Information being given, that they can clear themselves of the Matters objected against them, for which they were committed;

Ordered, That it be referred to the Committee of Privileges and Elections, to examine the Matter concerning the Breach of Privilege, for which Mr. Hastings and Mr. Crooke stands committed; and to report the State of the Matter to the House.

Committees.

Ordered, That all Committees, which are appointed to sit this Day, do meet at Five of the Clock in the Afternoon.

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