House of Commons Journal Volume 8: 6 June 1661

Jovis, 6 Junii, 13° Car. Regis.

Prayers.

LOUISA Sclater, being one of the Persons named in the Bill for Naturalizing, did this Day, at the Clerk's Table, take the Oaths of Supremacy and Allegiance before the Speaker of this House.

Grievances.

Sir Robert Atkins made Report from the Committee of Grievances, that a Petition, with Articles annexed, had been presented to the said Committee, by Richard Nunnelly, a Prisoner in the Gatehouse, against James Norfolke, Serjeant at Arms attending this House, and George Brag, John Clifton, Thomas Hughes, and * Cousins, Servants to the said Serjeant; complaining against them for several great Misdemeanors; and that another Petition, of the same Nature, had been likewise presented to the said Committee, by one John Smith, against the said Serjeant Norfolke; upon the reading whereof Sir Solomon Swale affirmed to the said Committee, that he had a Petition from the said Nunnelly to the same Effect, the First Day of this Parliament; which not being so soon presented and moved as was desired, the Petitioner (as Sir Solomon was informed) was, upon the Friday after, arrested at Serjeant Norfolk's Suit, in Westminster Hall, when he attended the Prosecution of his Petition; and that he had been charged with several other Actions at the Suit of the said Serjeant Norfolke's Servants; and the Opinion of the Committee, that the Serjeant should be required to give an Account to the House, of his Cause or Suit against the said Nunnelly and Smith; to the end, that, if the Suits have been occasioned by the Complaint here made, and the Prosecution of that Petition, that the House would be pleased to order, that they be set at Liberty upon common Bail, to the end they may the better attend the Prosecution of their Petitions depending before the said Committee.

Ordered, That the Business between the Serjeant at Arms attending this House, and Nunnelly and Smith, be left to the further Examination of the Committee of Grievances: And the said Nunnelly and Smith, by Consent of the Serjeant at Arms, are forthwith to be set at Liberty upon common Bail, that they may attend and prosecute their Petition at the next Sitting of the Committee.

Securing the King's Person, &c.

Mr. Solicitor General made Report of what had passed at the free Conference with the Lords, touching the Sixth Amendment in the Bill for securing and preserving his Majesty's Person; and the Proviso therewith sent down by the Lords, to be added to the said Bill; and their Lordships Adherence to the said Amendment and Proviso; and the Reasons thereof.

Whereupon the House assumed the Debate of the said Amendment and Proviso: And, as an Expedient, this Alteration was propounded; That in the said Proviso, after the Words, "against this Act," instead of the Words, "or any thing therein contained, but by his Peers, and not otherwise," there be inserted these Words following, "and, after such Conviction, shall not be privileged, during his Life, to sit in Parliament, unless his Majesty shall be graciously pleased to pardon him; and if his Majesty shall grant his Pardon to any Peer of this Realm, or Commoner, convicted of any Offence against this Act, after such Pardon granted, the Peer or Commoner so pardoned shall be restored, to all Intents and Purposes, as if he had never been convicted; any thing in this Law to the contrary notwithstanding."

And, after much Debate, it was Resolved, upon the Question, That this House doth agree to the Sixth Amendment, sent down by the Lords, with the Qualification expressed in the said Proviso so altered and amended, and not otherwise.

And the said Proviso, so amended and altered, being thrice read;

Resolved, That this House doth agree to the said Proviso, sent down by the Lords, as it was so amended, altered, and now read, and not otherwise.

Ordered, That a free Conference be desired with the Lords, upon the Subject-matter of the last free Conference: And Sir Thomas Meres is to go up to the Lords To-morrow Morning, to desire the said free Conference: And the same Members who managed the former free Conference, are to manage this free Conference.

And this House having taken into Debate some other Matters relating to the said Bill;

The Question was put, That it be referred to a Committee, to bring in a Proviso as to the rest of the Matter of this Debate:

Which passed in the Negative.

Fast day.

A Message from the Lords, by Sir William Child and Sir Justinian Lewyn;

Mr. Speaker, In Answer to a Message sent by this House to the Lords, to move his Majesty for a Day of Humiliation, his Majesty doth intend to send out a Proclamation to command the Observation thereof on Wednesday next in London, and the Parts adjacent; and on Wednesday next come Sevennight throughout all the Parts of the Nation.

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