House of Lords Journal Volume 11: 27 July 1663

DIE Lunæ, 27 die Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

PRAYERS.

Message from H. C. with the Linen, &c. Bill; and for a Conference on the Bill to amend the Act of Uniformity.

A Message was brought from the House of Commons, by Sir John Birkenhead and others:

To return the Bill for encouraging the Manufacture of Linen Cloth and Tapestry, whereto this House made some Amendments; and the Commons agree thereunto.

2. To desire a Conference, concerning the Bill for Relief of those Persons that are disabled by the Act of Uniformity.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, in the Painted Chamber, as is desired.

Pitcarne's Bill.

The Lord Chamberlain reported, "That the Committee have considered of the Bill concerning Mr. Pitcarne; and, having had the Consent and Approbation of all Parties therein concerned, the Committee thinks it fit to pass as it is, without any Alteration."

Hodie 3^a vice lecta est Billa, "An Act for confirming a Deed made by Charles Pitcarne Esquire."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Report concerning the Introduction of Peers by Descent.

Next, the Lord Privy Seal reported from the Committee of Privileges as follows:

"My Lords,

(fn. 1) By Order of the 8th of May, 1663.

"According to your Lordships Order, the Committee of Privileges have considered and debated the Matter referred to them by your Lordships, concerning the Introduction of Peers by Descent into this House by Garter King of Arms, and such other Concomitants as is now used to such as are newly created Peers. The Lords of the Committee, having made their Conclusions, have commanded me to offer them to your Lordships, to the End they may be yours; which before I offer, I shall present your Lordships the Reasons of them, which may as Harbingers prepare Lodgings for them in your noble Breasts.

"It doth not appear that anciently any Peer was introduced into this House, no not when created. And here I must acquaint your Lordships with some created in Parliament; as, in the 13 of Ric. II, the Duke of Lancaster was created Duke of Aquitaine; and in the same Parliament the said King created Edw. Son of the Duke of Yorke Earl of Rutland for his Life only, yet there is no Mention of Introduction; neither indeed could there be, they being created in the Parliament House.

"The like in the 4th of Henry the Vth, the Earl of Dorsett was created Duke of Exeter, the last Day of that Parliament, in open Parliament; and no other Ceremony was used, but that the King bid him take his Place as Duke of Exeter; which he did accordingly.

"The Committee heard at large all Garter's Pretences, and weighed thoroughly all his Evidences; and discharged all that he could say, as to any Pretence of Right, by this Bottom of Reason:

"All Right must be founded either upon Prescription, which looketh back so far as the Time of King Ric. the I; or upon some Parliamentary Acts or Constitutions.

"By the First, Garter cannot claim, because that Office had not a Beginning till the Time of King Henry the Vth, some Hundred Years on this Side of King Ric. the 1st. And for the latter, let him shew that can find it. The Committee return a Non est inventus; and they think their Search has been so exact, as may excuse your Lordships from the Trouble of a Melius inquirendum.

"If Introductions were used anciently (which were not), yet the Statute of the 31 of Hen. VIII. Chap. 10th, doth render all such Introduction useless.

"In the Time of King Hen. VIIIth, the Eldest Son of the then Duke of Norff. was by that King created Earl of Surrey, when his Father the Duke of Norff. sat in Parliament also. The said Earl contended with some others for Precedency, as being the Eldest Son of a Duke. The Matter was debated before the Lords; but, before a Decision, the Earl submitted, and signified it by the Lord Chancellor, to take his Place only by Creation; which shews there was no Introduction used in those Days; for had there been, that Earl could not have been to seek where he ought to fit; 'tis true, the Use hath been upon Creation, and sometimes to such as come in by Descent, to bring in their Writs of Summons. The Mistake of that for the introducing of the Persons might give some Shadow to delude such Eyes as were willing with Esop's Dog to catch at any Thing for their own Advantage.

"'Tis well known, no Bishop now, so well as heretofore, hath been introduced to this House; yet the Entries of their Writs is the same of that with your Lordships, which is thus found in the Journals of King Hen. VIIIth; "Hodie introductum est Breve Episcopi Cicestrencis, qui præsenti Parliamento summonebatur, et admissus est ad suum in Parliamento sedendi Locum, falvo Jure alieno." The like Entry in the same Journal of Henry the VIIIth, for the Writs of the Lords Vaux and Awdley.

"In the 4th and 5th of Phillip and Mary, there was a Contention for Precedency between the Lord Clynton and the Lord Stafford, which was determined by the Lords; yet no Introductions mentioned.

"In the Reign of King Henry the IVth, a Question of Precedency was raised, between the Earls of Arundell and Kent, which was adjudged for the Earl of Kent; yet no Introduction appears.

"The like Judgement, in the same King's Time, between the Earls Warren and Marshall, which was solemnly adjudged; yet no Introduction thereupon.

"The like in the 25th of King Henry the VIIIth, between the Lords Morley and D'acres; yet no Introduction mentioned.

"So also in the Time of King Henry VIIIth, A° 37°, after the making of the Act for placing Great Officers, the Place assigned to the Earl of South'ton being then newly made Lord Privy Seal, and the Lord Russell then Lord Admiral, their Places were assigned to them by the Lord Chancellor in the open House, without any other Ceremony.

"In the 7th of King Edward the VIth, the Earl of Warwicke, the Lords Talbot and Russell, their Writs, not their Persons, were introduced into the Parliament House.

"In the Second of Phillip and Mary, a Contention for Precedency between the Lords Sutton and St. Johns; and generally no Introducing till Queen Elizab. Time, and that usually in Pursuance of the Judgement of the House for Precedency.

"Upon the whole Matter, the Lords are of Opinion, That it is useless, and may be dangerous, to set more Obstacles in your Lordships Way of sitting here than prudent Antiquity hath prescribed; especially seeing that some modern Precedents (occasioned by the Inadvertency of some) have been urged so far as to create a Rule for all. To encounter which, the Committee have passed these Votes, which they think worthy of your Lordships Confirmation."

The said Votes were read, as follows:

"Die Lunæ, 18° die Maii, 1663.

"By the Lords Committees appointed to consider of Privileges, &c.

"ORDERED to report,

"That, upon Consideration had of the Matter referred to them by the Order of the House, dated 8 May, 1663, concerning the Introduction of Lords by Descent into the House of Peers, the Committee were (nemine contradicente) of Opinion,

"1. All Peers of this Realm by Descent, being of the Age of One and Twenty Years or upwards, have Right to come and sit in the House of Peers without any Introduction.

"2 That no such Peers ought to pay any Fee or Fees to any Heralds upon their First Coming into the House of Peers.

"3. That no such Peers may or shall be introduced into the House of Peers by any Herald, or with any Ceremony, though they shall desire the same.

"4. That these Votes be entered and affixed to the Roll of the Orders of the House of Peers, to prevent all Questions or Claims of this Kind for the future."

ORDERED, That this House agrees to the Votes of the Committee, and the Report now made by the Lord Privy Seal; and orders the same accordingly.

Peers accompting.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Order of this House, dated the 26th of June last, concerning the Manner of Peers accompting in His Majesty's Court of Exchequer, shall be, by the Clerk of the Parliament, delivered to the Barons of the Court of Exchequer, to the End that the same may be filed there.

Precedents of Subsidies.

ORDERED, That the Officers of His Majesty's Court of Exchequer shall from Time to Time deliver unto His Majesty's Attorney General such Precedents of Subsidies remaining with them, as he shall at any Time give Order for.

Lord Mollineux's Bill.

The Lord Chamberlain reported, "That the Committee have considered of the Bill concerning the Lord Mollineux, and thinks it fit to pass as it is."

Hodie 3^a vice lecta est Billa, "An Act to make void certain Deeds made by Caryl Lord Mollineux in the late Times."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

The House was adjourned during Pleasure, and the Lords went to the Conference with the House of Commons; which being ended, the House was resumed.

Report of the Conference, on the Bill to amend the Act of Uniformity.

Then the Lord Privy Seal reported the Effect of this Conference concerning the Amendments made, and the Clause added, to the Bill for the Relief of such Persons as, by Sickness or other Impediment, were disabled from subscribing the Declaration in the Act of Uniformity, and Explanation of Part of the said Act.

His Lordship shewed wherein the Commons do agree with their Lordships in the said Amendments, and wherein they do not, but adhere as it stands in the Bill.

As concerning the Clause added by their Lordships concerning Assent and Consent, the Commons do not agree to it; and that One of the Members of the House of Commons said at the Conference, "That what was sent down from this House to them touching this Bill had neither Justice nor Prudence in it." Which Words the Lords held derogatory to the Honour of this House and the Privileges of Parliament.

And there being some Question made, "Whether his Lordship had reported this Conference rightly?" The House declared, "That the Lord Privy Seal hath made this Report truly, as it was delivered at this Conference."

Order concerning Words spoke by a Member of H. C. at the Conference.

Hereupon it is ORDERED, That, at the next Sessions, this House will take into serious Consideration (before they enter upon any other Matter whatsoever) how to provide for the future, that their Privileges may not be infringed or broken.

Bill to amend the Act of Uniformity:

After some Debate of the Matter of the Conference aforesaid, Two Questions were propounded:

1. "Whether to proceed no further in this Bill?"

2. "Whether to agree with the House of Commons?"

And the Question being put, "Whether the First Question shall be first put?"

And it was Resolved in the Negative.

Then this Question was put, "Whether to agree with the House of Commons, according to their last Conference?

It was Resolved in the Affirmative.

Message to H. C. about it.

A Message was sent to the House of Commons, by Sir Thomas Bennet and Sir Will. Glascocke:

To let them know, that this House agrees with them in the Matter of the last Conference.

Message from thence, with the Hearth-money Bill.

A Message was brought from the House of Commons, by Sir Thomas Meares and others:

To return the Bill concerning the better ordering and collecting the Revenue of Hearth-money, which their Lordships sent down with some Amendments and Alterations; to which the Commons do agree, and have made some small Amendment, whereto they desire their Lordships Concurrence; which being read, this House Agreed thereunto.

Message to them about it.

A Message was sent to the House of Commons, by Sir William Childe and Sir Justinian Lewin:

To let them know, that this House agrees with them in the Amendments now brought up by the last Message.

Message from H. C. about Damage Clear Bill.

A Message was brought from the House of Commons, by Mr. Clifford and others:

To put their Lordships in Mind of the Bill for taking away Damage Clear.

Bill for better Observation of the Sabbath, lost off the Table.

The House being informed, by the Clerk of the Parliaments, "That the Bill for the better Observation of the Lord's-day hath been, during the Sitting of the House, taken from the Table, and is not now to be found;"

The Lords thought fit, in a Business of this high Concernment (the like being never known or heard of to have been done before), that every Lord and Assistant to this House should declare himself, whether he hath it or not, or can tell what is become of it.

To that End, the Clerk of the Parliaments and the Clerk Assistant had their Oaths given them; who, upon the said Oaths, did aver that the said Bill now missing was upon the Table, in a Bag, this Morning, amongst the other Bills which were to be presented to the King for His Royal Assent this Day.

And being commanded by the House to tell, "Whether any Lords were at the Table, meddling with any of the said Bills, this Morning:"

They did depose, "That divers Lords were at the Table this Morning, and did take the Bills out of the said Bag, and scattered them upon the Table; whereupon the Clerk of the Parliaments, taking the said Bills into his Custody, telling the Number of them, found One to be wanting; and immediately examining the Titles by the List, found the said Bill for the better Observation of the Lord's-day wanting."

Upon this, every Lord was called by Name; and those present did make their Purgation; and the Assistants likewise did particularly clear themselves. But, in regard some Lords were now absent who were present this Morning, the House did order, That if any Member or Assistant of this House hath taken the said Bill away, and doth not bring it again Time enough to have it pass the Royal Assent this Day, this House will proceed against them severely for the same.

King present.

The House being acquainted that the King was come into the Prince's Lodgings, the House was adjourned during Pleasure, and the Peers did robe themselves.

His Majesty, being sat in His Royal Throne, clothed with His Regal Robes, gave Command to the Gentleman Usher of the Black Rod, to signify His Pleasure to the House of Commons, "That they should presently come up, with their Speaker, to attend His Majesty."

Who accordingly being come, the Speaker made this Speech following:

Speaker of H. C. Speech.

"May it please Your most Excellent Majesty,

"The Knights, Citizens, and Burgesses of the Commons House of Parliament, have, since their last Meeting, in many weighty and arduous Affairs, presented Your Majesty with their humble Advice, which, with all Thankfulness they acknowledge, never wanted a most Gracious Reception. Never any Prince did so freely commune with His People; and never any People did with more Joy and Duty commemorate their Happiness.

"The last Session of Parliament, our Care was chiefly to secure the Being of this Nation under our ancient, happy Monarchical Government. This Session, we have endeavoured to advance the Peace and Wellbeing both of Church and State.

"Material Structures are best secured by deep Foundations in the Earth; but the Foundations of true Happiness are from Above. We have therefore, in the First Place, perused the Laws which do enjoin the Observation of the Lord's-day; and where we found any Defect, either in Rules or Penalties, we have with great Care supplied them; well knowing, that he who doth not remember on the First Day of the Week to observe a Christian Sabbath, will hazard before the Week comes round to forget he is a Christian.

"We read in the Story of Lewis the Ninth of France, when He took His Voyage into the Eastern Empire to assist the distressed Christians, the Fame of His Holiness moved the King of Tartary to send His Ambassadors, to offer Him Friendship, and to acquaint Him He had a Desire to become a Christian; whereupon Lewis sent Him Preachers, to instruct Him in the Christian Religion. But the Tartarians observing the Lives of the Christians were not answerable to their Profession, they returned with the Shame of their own ill Lives upon them, whose Doctrines were so famous.

"That which in those Days was the Reproach of those Christians, is much more at this Day the Shame of this Nation; we know more, but practise less, than they did: We generally love a sceptical rather than a practical Religion; and are contented to spend that Time in Study of curious deceitful Notions, which ought to be employed in the Practice of known Truths. Too many amongst us are of the Sect of the Gnostics, hunting after Novelties and Phantasms, till Variety of Notions makes them mad. Hence do arise all those Sects and Schisms in the Church, which, being nursed up in Pride, refuse to conform to any Laws, and make Religion itself the Cloak of all their Separations; whereas true Religion is the Band of Society, the Sinews that hold fast the Joints of the Body Politic. If these be broken, the Body must be dismembered; if they be but sprained, the whole Body is in Pain, and the Members made unuseful.

"At the Opening of this Session, Your Majesty was most graciously pleased to call upon us to prepare some Laws for the Prevention of the Growth of Popery; and we have heartily laboured therein, both to prevent the Growth of Popery and all Sorts of Sectaries and Non-Conformists. But, as the rankest Corn and the fullest Ears are aptest to be laid, so fares it in this Matter: These Fruits are not yet ready for the Harvest. But we are confident, by the Wisdom of Your Majesty's Government, and the Readiness of Your faithful Subjects to support it by the just and due Execution of the Laws (especially if such Persons be intrusted with the Execution of the Laws as do love them), these Persons will either be persuaded to Conformity, or forced into a peaceable and orderly Conversation.

"To this Purpose, I am commanded, by the Knights, Citizens, and Burgesses of the Commons House of Parliament, humbly in their Name to beseech Your Majesty, That You will be pleased to issue out Your Proclamation, for the putting those Laws which now are in Force, against the Popish Recusants, Sectaries, and Non-conformists, in effectual Execution.

"I am likewise commanded to desire Your Majesty, That You will be pleased to issue out another Proclamation, for the Prevention of that Prophaneness, Debauchery, and Licentiousness, which, to the high Displeasure of ALMIGHTY GOD, the Dishonour of Your Majesty's Government, and the Grief of all good Men, is now practised amongst us: And, for the better securing the Peace of the Nation against the united Counsels of all the Dissenters to our Religion and established Discipline, we have prepared an additional Bill for the ordering the Forces of the Kingdom, whereby Your Majesty's Lieutenants and their Deputy Lieutenants will be enabled to train, discipline, and keep together, such a Party as will be able to prevent Disorders, and sufficient to check any Insurrections, till the great Body of the Militia can come in to their Assistance.

"During the late unhappy Wars in this Nation, our Neighbours Eyes were open, to spy out all Advantages of spoiling our Trade, and to advance their own; but, by the several good Bills made ready for Your Majesty's Royal Assent, we hope, we shall restore and increase the flourishing Trade of this Nation.

"Great Sir,

"I have but One Word more; and that is by Command from Your Majesty's loyal and dutiful Subjects the Commons of England. They have duly considered the present unsettled Condition of this Nation, and the great Expence which must attend such Distractions; and do humbly beseech Your Majesty to accept an Aid from them, consisting of Four entire Subsidies; Two of which are to be paid by the First of November next, and the other Two by the First of May next following."

After this, the Clerk of the Crown read the Titles of these Bills following; and the Clerk of the Parliaments pronounced the Royal Assent, according to the Nature of the Bills:

Bills passed.

"1. An Act to prevent the selling of live fat Cattle by Butchers."

"2. An Act for regulating Select Vestries."

"3. An additional Act for the better ordering the Forces in the several Counties of this Kingdom."

"4. An Act for regulating the Herring and other Fisheries, and for Repeal of the Act concerning Madder."

"5. An Act to explain and supply a former Act, for Distribution of Threescore Thousand Pounds amongst the truly loyal and indigent Commission Officers; and for assessing of Offices, and distributing the Monies thereby raised for their further Supply."

"6. An Act for settling the Profits of the Postoffice, and Power of granting Wine Licenses, on his Royal Highness the Duke of Yorke and the Heirs Males of his Body."

"7. An explanatory Act for Recovery of the Arrears of Excise."

"8. An additional Act for the better ordering and collecting the Duty of Excise, and preventing the Abuses therein."

"9. An Act for the Encouragement of Trade."

"10. An Act for encouraging the Manufacture of making Linen Cloth and Tapestry."

"11. An additional Act for the better ordering and collecting the Revenue arising by Hearth-money."

"12. An Act for Relief of such Persons as, by Sickness or other Impediment, were disabled from subscribing the Declaration in the Act of Uniformity, and Explanation of Part of the said Act."

To these abovesaid Bills the Royal Assent was pronounced in these Words,

"Le Roy le veult."

"13. An Act for granting Four entire Subsidies to His Majesty, from the Temporalty."

"Le Ray, remerciant Ses bons Subjects, accepte leur Benevolence, et ainsi le veult."

"14. An Act for confirming of Four Subsidies granted by the Clergy."

"Le Roy, remerciant Ses Prelats, accepte leur Benevolence, et ainsi le veult."

"Private Bills:

"1. An Act for the settling of the Lands of the Earl of Kent and the Lord Lucas, on the Marriage of the said Earl with the Daughter and Heir Apparent of the Lord Lucas."

"2. An Act for settling of a Free School in Witney, in the County of Oxon, being erected and endowed by Henry Box, Citizen and Grocer of London, deceased."

"3. An Act to enable the Bishop of Winchester to lease out the Tenements now built upon the Site of his Mansion-house, in the Parish of St. Saviour's, in Southwarke, in the County of Surrey, and the Two Parks and other Demesnes at Bishop's Waltham, and other Lands in the County of South'ton."

"4. An Act for the repairing and better preserving the Key at the Port of Wells, in the County of Norfolke."

"5. An Act for the governing the Hospital of St. Oswald, in the County of Worcester."

"6. An Act to enable Sir Francis Boynton Baronet and Richard Robinson Esquire to sell certain Lands of John Robinson Esquire, for Payment of Debts; and leasing of other Lands, for making Provision for his Younger Children."

"7. An Act for confirming an Act for naturalizing of Pieter de la Pierre, alias Peters, and John de la Pierre, alias Peters."

"8. An Act for the naturalizing of George Willoughby and others."

"9. An Act for the Naturalization of Dame Elizabeth Jacob and others."

"10. An Act for settling the Draining of the Great Level of the Fens, called Bedford Levell."

"11. An Act to confirm a Deed made by Charles Pittcarne Esquire."

"12. An Act for making void certain Conveyances made by Carryl Lord Mollineux in the late Times."

To these Bills the Royal Assent was pronounced in these Words,

"Soit fait come il est desiré."

After this, His Majesty made this Gracious Speech following:

"My Lords and Gentlemen,

King's Speech.

"I thank you for the Present you have made Me this Day; and I hope your Countries will thank you when you come Home for having done it. I am not conscious of having brought the Streights and Necessities I am in upon myself, by any Improvidence or ill Husbandry of my own: I know the contrary; and, I assure you, I would not have desired or received the Supply you have now given Me, if it were not absolutely necessary for your Peace and Quiet as well as Mine. And, I must tell you, it will do Me very little Good, if I do not improve it by very good Husbandry of My own, and by retrenching those very Expences which in many respects may be thought necessary enough. But you shall see, I will much rather impose upon Myself than upon My Subjects; and if all Men will follow My Example in retrenching their Expences, which (it may be) they may do with much more Convenience than I can do Mine, the Kingdom will in a very short Time gain what you have given Me this Day.

"I am very glad you are now going into your several Countries, where your Presence will do much Good; and I hope your Vigilance and Authority will prevent those Disturbances which the restless Spirits of ill and unquiet Men will be always contriving, and of which, I do assure you, they promise themselves some Effects this Summer.

"There have been more Pains and unusual Ways taken to kindle the old fatal Fears and Jealousies than I thought I should ever have lived to have seen, at least to have seen so countenanced.

"I do desire you, and conjure you (My Lords and Gentlemen), to watch this evil Spirit and Temper with your utmost Care and Prudence, and secure the Persons of those whom you find are possessed with it, that the Peace of the Kingdom be not sacrificed to their Pride, Humour, and Madness.

"I did expect to have had some Bills presented to Me against the several Distempers in Religion, against seditious Conventicles, and against the Growth of Popery: But, it may be, you have been in some Fear of reconciling those Contradictions in Religion, in some Conspiracy against the Public Peace, to which, I doubt, Men of the most contrary Motives in Conscience are inclinable enough. I do promise you to lay this Business, and the Mischiefs which may flow from the Licenses, to Heart. And if I live to meet with you again, as I hope I shall, I will Myself take Care to present Two Bills to you to that End. And, as I have already given it in Charge to the Judges, in their several Circuits, to use their utmost Endeavours to prevent and punish the scandalous and seditious Meetings of Sectaries, and to convict the Papists; so I will be as watchful, and take all the Pains I can, that neither the one or the other shall disturb the Peace of the Kingdom.

"I shall not need to desire you to use all Diligence in levying and collecting the Subsidies you have given Me; and heartily wish the Distribution may be made with all Equality and Justice, and without any Animosity or Faction, or remembering any Thing that hath been done in the late ill Times, which, you know, we are all obliged to forget, as well as to forgive. And indeed, till we have done so, we can never be in perfect Peace; and therefore I can never put you too much in Mind of it.

"I think it necessary to make this a Session, that so the Current of Justice may run the Two next Terms without any Obstruction by Privilege of Parliament; and therefore I shall prorogue you till the Sixteenth Day of March, when I doubt not, by GOD's Blessing, we shall meet again to our joint Satisfaction, and that you shall have Cause to thank Me for what I do in the Interval."

His Majesty, having ended His aforesaid Speech, called unto Him the Lord Privy Seal, who was Speaker this Day, and gave him Directions what to say further; who, returning to his Place, pronounced these Words:

"My Lords and Gentlemen,

"The King doth prorogue this Parliament until the Sixteenth Day of March next. And accordingly this Parliament is prorogued until the Sixteenth Day of March next, 1663."

Hitherto examined by us,

Dorsett.
J. Bridgewater.
Say & Seale.
Geor. Winton.
B. Lincoln.
Joh. Lich. & Coven.
Chandos.