House of Lords Journal Volume 13: 1 March 1677

DIE Jovis, primo die Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Report concerning Libels, &c. about the last Prorogation of this Parliament.

The Earl of Aylesbury reported, "That the Committee appointed to inquire after the Authors of Libels and unlawful Pamphlets have met several Times, and examined many Persons as Witnesses; and so far as they have proceeded, they think fit to acquaint this House therewith, which was as followeth:

"To report, That their Lordships have read Two seditious and scandalous Books, the one intituled, Some Considerations upon the Question, Whether the Parliament is dissolved by its Prorogation for Fifteen Months; the other, The Long Parliament dissolved: And have made Inquiry after the Authors and Printers; but cannot yet discover them, though several Printers are now under Examination.

"They have also read a Third seditious Book, intituled, The Grand Question concerning the Prorogation of this Parliament for a Yeare and Three Monthes stated and discussed; Part of which hath also been printed, which Doctor Cary owns he corrected; as also that he knows the Servant that went with him to the Printer with the said Book, and the Gentleman that gave it him; but refuseth to discover them; and faith, "That he durst not declare what he had told His Majesty, which he thought had given His Majesty Satisfaction."

"On Monday 26th February, my Lord Treasurer acquainted the Committee, That the King called Doctor Cary before Him at Whitehall that Morning, where were divers of the Lords of this Committee then present. The King repeated what had passed betwixt His Majesty and Cary: How, at the First Conference, Carey said, "He that employed him to get that Book printed was a Person of Quality, who had been employed in great Trusts at Home and Abroad, and was advanced to Honour." "By this Description, said the King, it must be the Lord Hollis ?" "Sir, says Carey, I name nobody; but he that employed me will own it in Three or Four Days."

"At a Second Conference, the King said to Carey, "My Lord Hollis hath not done what you expected; for you told me, it would be owned in Three or Four Days." "Sir, said he, I have not had Liberty nor Opportunity to send to him." "Oh! said the King, now you confess it was the Lord Hollis?" "Sir, said he, I name nobody; but whoever it be, he is a Man of Worth and Courage, and I suppose he will not disown it; it becomes not a Nobleman to be worse than his Word." The King asked him, "If he would say, it was not the Lord Hollis?" To which Carey replied, "He had no Reason to say that." And being further asked, "If he knew the Name of the Servant who brought him that Book in Chancery Lane which he gave to the Printer?" He answered, "He knew not his Name." But being asked, "If he knew whose Servant he was?" He answered, "Yes. He was Servant to One whom he had served many Years." Being asked, "Who that was?" He did again desire to be excused to name anybody. Being asked further, "If he would say, it was not the Lord Hollis's Servant?" He replied, "He would not say that; for no Man can speak to a Negative." But he said, "I think I have given Your Majesty such Satisfaction, that I hope Your Majesty will expect no more."

"Then Doctor Carey was asked, "If these Particulars so related were not true?" His Answer was, "God forbid he should deny any Thing His Majesty said." With this General often repeated, he would have evaded the Question: But, being kept to the Question, he answered at last clearly, That all was true which had been related of the Two former Conferences."

This Relation of the Lord Treasurer was owned to be true, by my Lord Steward and the Earl. of Guildford; and at this last Examination of Doctor Carey by His Majesty were likewise present his Royal Highness, his Highness the Duke of Cumberland, and Mr. Secretary Williamson.

Dr. Cary examined about them.

Hereupon it was moved, "That Doctor Carey might be brought to the Bar."

Which accordingly he was.

And then the Lord Chancellor, by Directions of the House, commanded him to declare whose Servant that was that went with him to the Printing House, with the Book, or Paper, intituled, The Grand Question concerning the Prorogation of this Parliament for a Year and Three Monthes stated and discussed; and who that Gentleman was who delivered the said Book to him?

Doctor Carey refusing to make Answer to these Questions, though he was often pressed thereunto; he was commanded to withdraw.

And the House judged this to be a Contempt; and made this following Order:

Fined 1000£. and committed for Contempt.

"Whereas Doctor Nicholas Carey being this Day brought to the Bar, and there required by this House to discover his Knowledge concerning the Author of a Book, or Paper, intituled, The Grand Question concerning the Prorogation of this Parliament for a Year and Three Monthes stated and discussed, and whose Servant that Person is who delivered the said Book or Paper to him; he the said Nicholas Carey refused to discover his Knowledge thereof: Upon Consideration had thereof, the Lords Spiritual and Temporal in Parliament assembled do order and adjudge, That the said Nicholas Carey, for his said Contempt committed in the Face of this High Court, be, and is hereby, fined to the King's Majesty in the Sum of One Thousand Pounds; and further, that the said Nicholas Carey shall be and remain a close Prisoner in The Tower of London, not to be delivered till he have paid the said Fine."

The House ordered the said Doctor Carey to be brought to the Bar, as a Delinquent; and the Lord Chancellor to pronounce this Judgement upon him.

Which was accordingly done.

ORDERED, That the Paper which is before the Committee concerning this Business shall be brought into this House To-morrow Morning.

E. of Manchester's Bill.

Hodie 3^a vice lecta est Billa, "An Act to enable Robert Earl of Manchester to sell Lands, for Payment of his Debts; and for settling other Lands, of a greater Value, in Lieu of those appointed to be sold."

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

It was Resolved in the Affirmative.

Message to H. C. with

A Message was sent to the House of Commons, by Sir William Beversham and Sir John Hoskins:

To deliver the Bill concerning the Earl of Manchester, and desire their Concurrence thereunto.

Augmentations of Vicarages Bill.

Upon Report of the Earl of Dorset, concerning the Bill for Augmentation of Vicarages:

It is ORDERED, That the said Bill is re-committed to the same Committee.

Vacat per Ordinem 13^tii Novembris, 1680, coram

N. Duresme.
P. Bath & Wells.
Tho. Exon.
North & Grey.

*********

Bills to secure the Protestant Religion.

The Lord Chief Justice of the Court of King's Bench, the Lord Chief Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, presented to the House what Bills they had prepared, by Order of this House, for securing the Protestant Religion.

Which Bills the House received.

"But as concerning a Bill against Atheism and Profaneness," the Judges say, "Having received no Heads of Directions concerning that Matter, they have not prepared any Bill, neither can they without further Directions."

Bill for further securing the Protestant Religion.

Hodie 1^a vice lecta est Billa, "An Act for further securing the Protestant Religion, by Education of the Children of the Royal Family therein, and providing for the Continuance of a Protestant Clergy."

Bill for more effectual Conviction of Popish Recusants.

Hodie 1^a vice lecta est Billa, "An Act for the more effectual Conviction and Prosecution of Popish Recusants."

Bill for better Observation of the Sabbath, &c.

Hodie 1^a vice lecta est Billa, "An Act for the better Observation of the Lord's-day, called Sunday, the Baptizing of Infants, and the Exercise of Catechism."

Bill to prevent unnecessary Delays in Law.

The Earl of Bridgwater reported from the Committee, the Bill for perpetuating the Act for preventing unnecessary Suits and Delays; which Bill the Committee thinks fit to be engrossed, with a small Amendment.

Which, being read Twice, was Agreed to; and the said Bill ordered to be engrossed, with the said Amendment.

The Lord Windsor and the Lord Butler of Weston are added to the Committee for the Earl of Aylesburye's Bill.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 2^dum diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

J. Bridgewater.
Clarendon.
Stafford.
Geor. Winton.
Delamer.