House of Commons Journal Volume 8: 28 March 1663

Sabbati, 28 Martii, 15 Car. IIdi.

Prayers.

Cambridge Road.

A BILL for repairing the Highways lying within the Towns of Bassingborne, Whaddon, Wendy, Wimple, Arrington, Stow, and Caxton, within the County of Cambridge, was this Day read the First time.

Resolved, &c. That this Bill be read the Second time on Tuesday next.

Royal Mines.

A Bill to define what Mines shall be taken for Mines Royal, was this Day read the Second time.

Resolved, &c. That the said Bill be committed to Lord St. John, Sir Solomon Swale, Lord Fanshaw, Sir John Norton, Sir Lanc. Lake, Sir Tho. Allen, Sir Clifford Clifton, Sir Edm. Peirce, Sir Courtney Poole, Sir Rich. Browne, Mr. Crouch, Sir Wm. Lowther, Sir Robert Holt, Sir Tho. Meres, Mr. Knight, Sir John Brampston, Sir Anth. Cope, Mr. Phillips, Sir Edw. Walpoole, Mr. Culleford, Sir John Holland, Mr. Yorke, Mr. Westphaling, Sir Rich. Braham, Mr. Jones, Sir John Birkinhead, Mr. Pryn, Sir Wm. Lewis, Mr. Whitaker, Mr. Chetwyn, Mr. Coventry, Mr. Hungerford, Colonel Gilby, Sir Nich. Steward, Colonel Robinson: And all the Members of this House that shall come to the Committee are to have Voices thereat: And they are to meet on Wednesday next, at Two of the Clock in the Afternoon, in the Speaker's Chamber: And to send for Persons, Papers, and Records.

Judgment against Pitt.

Ordered, That Sir Robert Holt, Mr. Yorke, Sir Lanc. Lake, Colonel Bishop, Mr. Hoby, Lord Richardson, Sir Robert Atkyns, Mr. Churchill, Mr. Morice, Sir John Birkinhead, Sir Courtney Poole, Mr. Culleford, Mr. Clifford, Sir Edw. Walpoole, be added to the Committee to which the Bill concerning Mr. Pitt, and others, is committed.

Thory's Petition.

A Petition of Thomas Thory Esquire was this Day read,

Ordered, That this Petition be referred to the Committee of Privileges and Elections; to take the same into Consideration this Afternoon.

College Leases.

A Bill to confirm an Act touching College Leases, was this Day read the Second time.

Resolved, &c. That the said Bill be committed to Sir Lanc. Lake, Sir Rich. Francklyn, Mr. Croke, Sir Edm. Peirce, Mr. Solicitor General, Mr. Crouch, Sir Robert Holt, Sir Tho. Allen, Mr. Lewis, Sir Wm. Lewis, Mr. Knight, Sir John Birkinhead, Mr. Seymour, Sir John Brampston, Mr. Phillips, Sir Tho. Meres, Dr. Burwell, Mr. Hungerford, Sir Robert Atkyns, Sir Clifford Clifton, Lord Gorge, Serjeant Keeling, Lord St. John, Sir Hum. Winch, Sir John Holland, Sir Edw. Walpole, Mr. Yorke, Mr. Kent, Mr. Clifford, Mr. Pryn, Mr. Morice, Sir Rich. Braham, Mr. Chetwyn, Colonel John Robinson, Sir Rich. Onslow, Sir Henry North, and the Members of this House that serve for the Two Universities of Oxford and Cambridge: And they are to meet on Wednesday next, at Two of the Clock in the Afternoon, in the Speaker's Chamber; and to summon and hear all Parties concerned: And to send for Persons, Papers, and Records.

Priests and Jesuits.

Mr. Solicitor General reports from the Committee appointed to annex the Matter of the Preface of the Petition, sent from the Lords, to the Substance of the Vote of this House, touching Jesuits and Romish Priests, That the Committee had made some Amendments to the same: Which he read, with the Coherence in his Place; and after delivered the same in at the Clerk's Table: Which were twice read; and, upon the Question, severally agreed to.

Resolved, &c. That these Words, "and Commons," bo added to the Title of the Petition.

Resolved, &c. That, at the Close of the Petition, these Words be added, "under Pain of having the Penalty of the Laws inflicted upon them."

Resolved, &c. That the Petition, thus amended, be agreed to.

Ordered, That the Committee formerly appointed to annex the Preamble and Vote aforesaid, do withdraw; and agree to the Reasons to be insisted on at the Conference to be had with the Lords, upon the Subject Matter of the last Conference touching Jesuits and Romish Priests.

Ordered, That the Report of Sir Robert Atkyns, upon the Bill to prevent the Growth of Popery, be heard on Monday Morning next, at Ten of the Clock.

Report to be made.

Ordered, That the Report of Colonel Kirkby be heard on Monday Morning.

Leave of Absence.

Ordered, That Sir William Windham have the Leave of this House to go into the Country.

Restoring Wadeson.

Ordered, That these Persons following be added to the Committee to whom the Bill for restoring Mr. Wadeson to the Office of Clerk of the Chamber of London is committed; viz. Sir Rich. Browne, Sir John Norton, Sir Tho. Peyton, Mr. Whorwood, Sir Theophilus Biddolph, Sir Humphrey Bennet, Colonel Tho. Robinson, Mr. Pryn, Lord Falkland, Sir Courtney Poole, Serjeant Keeling, Sir Nich. Steward, Mr. Goreing, Sir Tho. Cary, Mr. Greenvile, Serjeant Charlton, Sir Edw. Walpoole.

Briscoe's Portion.

Ordered, That these Persons following be added to the Committee to which the Bill concerning Mrs. Briscoe is committed; viz. Sir James Smith, Mr. O Neale, Mr. Graham, Sir Tho. Stewkley, Mr. Waller.

Ministers Maintenance.

The House then resolved itself into a Committee of the whole House, to proceed on the Bill for the Increase of the Maintenance of Ministers in Cities, Towns Corporate, and Market Towns.

Mr. Speaker left the Chair.

Sir Thomas Meres took the Chair of the Committee.

Mr. Speaker re-assumed the Chair.

Sir Thomas Meres reports from the Committee, That they had made some further Progress in the said Bill: And that it was the Opinion of the Committee, That the House would again resolve itself into a Committee of the whole House, upon Tuesday next, at Ten of the Clock, to proceed upon the same.

Resolved, &c. That the House, on Tuesday next, at Ten of the Clock in the Morning, will resolve itself into a Committee of the whole House, to proceed in the Bill for Increase of the Maintenance of Ministers in Cities, Towns Corporate, and Market Towns.

Priests and Jesuits.

Mr. Solicitor reports from the Committee appointed to withdraw, and collect the Reasons to be insisted upon, at the Conference to be had with the Lords, upon the Subject Matter of the last Conference touching Jesuits, and Romish Priests, several Reasons: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: And, being read the Second time, were agreed to: Which are as followeth; viz.

I. The Word "Provocations" left out.

It is a doubtful Word, and may seem to carry with it a Sense different from what is agreed in the Preamble to the Act of Attainder, wherein the true Sons of the Church of England are sufficiently vindicated.

II. "Extraordinary, and in far greater Numbers than hath been known."

It carries with it some Reflection upon his Majesty's Government; as if less Care had been taken against their coming in now, than heretofore.

III. Adhere to the Method of Proceeding by Proclamation.

1. It is the ancient, usual, and legal Way of enforcing Laws, and quickening their Execution: Never any Prince's Reign, since the Reformation without one; and nothing more aggravates an Offence against the Law, than when the Law hath been enforced by a Royal Proclamation.

2. It is so far from looking like a Persecution, that, on the contrary, it is an Act of Mercy, and a gracious Admonition, from his Majesty, to prevent the Severities of the Laws.

3. It is more reasonable to believe, That a Proclamation declaring that the Severity of the Laws shall succeed, in case the Proclamation be disobeyed, will have a more certain and visible Effect than a Petition which refers to no certain Expedient at all; or, if to any, to that which we apprehend to be neither honourable for his Majesty, nor safe for the Nation.

IV. We think there is no Cause to suspect that this Method of Proceeding will be of such Latitude as the Petition proposed.

There every Person who pretends to Merit, or can procure a Testimonial, is made capable of Connivance; which we look on as the worst way of rewarding; and is such an Advice as we cannot think fit to offer, nor believe his Majesty would receive well from us.

Here is only a Regard had to Articles, and to the Law of Nations.

Conference desired.

Resolved, &c. That a present Conference be desired with the Lords upon the Subject Matter of the last Conference touching Jesuits, and Romish Priests.

Sir John Duncombe to carry this Message to the Lords.

Killigrew's &c. Nat.

Ordered, That the Committee to whom the Bill for Naturalization of Charlotte Hessen Killigrew, and others, is committed, be revived; and do sit on Monday next, at Two of the Clock in the Afternoon, in the Speaker's Chamber: And examine the Certificates on the Behalf of such Persons named in the Bill, as have not yet tendered, and shall then tender them to the said Committee: And the said Committee are to make their Report on Tuesday Morning next.

Courts of Justice.

Ordered, That the Committee to whom the Bill for preventing unnecessary Suits, Delays, Expences, and other Abuses in Courts of Justice, and Proceedings at Law, is committed, be revived; and do sit this Afternoon at Two of the Clock, in the Speaker's Chamber.

Conference agreed to.

Sir John Duncombe brings Answer, That the Lords do agree to a present Conference, in the Painted Chamber.

Ordered, That the Committee appointed to collect and bring in the Reasons to be insisted on, at the Conference, do manage this Conference with the Lords.

Privilege.

Resolved, &c. That Marke Mason, who made an Arrest upon Roger Barket, the menial Servant of William Griffith Esquire, a Member of this House; and Richard Cole, that did detain him, after he was informed, that the said Barket was such menial Servant; be sent for in Custody of the Serjeant at Arms attending this House, for Breach of the Privilege of this House: And that the said Roger Barket be forthwith discharged of his Imprisonment.

Resolved, &c. That if any menial Servant shall be arrested, and detained, contrary to Privilege, he shall, upon Complaint thereof made, be discharged, by Order from the Speaker.

And then the House adjourned till Monday Morning next, at Eight of the Clock.