House of Lords Journal Volume 11: 31 May 1661

DIE Veneris, 31 die Maii.

Domini præsentes fuerunt:

PRAYERS, by Dr. Hodges.

Report concerning Quakers Petition.

The Earl of Pembrooke reported from the Committee that were appointed to consider of the Quakers Petition, "That the Committee, after long Debate, were of Opinion, That the Second Proposition in the Paper put in by the Quakers, concerning "Yea" and "Nay" to be taken in Lieu of Oaths, should be rejected.

"That the Committee, having rejected it, thought fit to offer it as their Opinion, That a promissory Oath should be tendered to the Quakers, such a one as no good Subject can or ought to refuse.

"That the Third Proposition, concerning Respects and putting off of Hats, &c. should be rejected

"That the Fourth Clause, concerning their not coming to the Public Worship, and the First, being dependent on it (as to their Private Meetings), being too weighty for the Determination of the Committee, they thought it fit to be reported to this House, to be debated by the House.

"The Committee also is of Opinion, That the Fifth Clause, concerning not paying of Tithes, &c. be rejected.

"That the Sixth Clause, concerning their not observing Days and Meats, &c. having Dependance on the Fourth concerning Public Worship, is fit also to be debated by the whole House.

"That the Committee will consider of the Second Part of the Order, for a Remedy of the Distempers of these People, when they have received the Resolution of this House concerning the Three Clauses offered to their Resolution by the Committee."

Debate of the Act for continuing the Long Parliament:

Next, the House proceeded to the Business of this Day; which was, to consider of the late Act of Parliament for the continuing of the Parliament begun the Third Day of November, 1640.

The said Act was read.

Judges to deliver their Opinions about it.

And, after a long Debate, it is ORDERED, That the Judges now present shall attend on Thursday Morning next, to deliver their Opinions in Point of Law, upon the Matters in Debate this Day, upon the said Act.

Message from H. C. concerning a Fast; and for a Conference about the Bill for preserving the King's Person.

A Message was brought from the House of Commons, by Mr. Lowther:

To let their Lordships know, That the Commons taking Notice of the great Inconvenience and Danger that is threatened to the whole Nation by the immoderate and continued Rain, they desire His Majesty may be moved, "That He would please to issue out a Proclamation, for the observing of a Public Day of Humiliation, throughout England and Wales and the Town of Barwicke upon Tweed, in respect of the immoderate Rain and Waters, and to beseech God to divert the Judgements threatened thereby."

The House of Commons desire their Lordships will give them a Conference, so soon as it may stand with their Lordships Conveniency, touching the Amendments sent down to them in the Bill for the Safety and Preservation of the King's Person and Government, &c.

The King to be moved for a Proclamation for a Fast.

Hereupon this House ordered the Lord Chamberlain to move the King, from this House, "That He would please to give Order for a Proclamation to issue, for the keeping of a Day of Humiliation, as is desired."

ORDERED, To give a present Conference, in the Painted Chamber; and that the Lord Chancellor, the Lord Privy Seal, and the Lord Chamberlain, are appointed to report the Conference.

The Answer returned was:

Answer to H. C.

That this House hath appointed One of their Members to move His Majesty, that He would please to appoint a Day of Humiliation, as is desired; and that their Lordships will give a Conference presently, in the Painted Chamber.

Lords Leave to be absent.

ORDERED, That the Absence of the Earl of Warwicke is excused for this Day, in regard of his ill Health.

ORDERED, The Earl of Westm'land and the Lord Morley have Leave to be absent from this House for a small Time.

Message to H. C. with the Earl of Dorset's and Sir W. Throckmorton's Bills.

A Message was sent to the House of Commons, by Dr. Birde and Mr. Hobart:

To deliver to them Two Bills, which have been passed by this House, wherein their Concurrence is desired:

1. A Bill for settling the Manors of Knole, Seale, and Kempsing, upon the Earl of Dorsett.

2. A Bill for naturalizing Sir William Throckmorton, Dame Elizabeth his Wife, and William Throckmorton, and other Children.

Bill to vacate Sir E. Powell's Fines.

ORDERED, That the Reading of the Bill the Second Time, for making void certain Fines unduly procured to be levied, by Sir Edward Powell Knight and Baronet, and Dame Mary his Wife, and hearing Counsel on both Sides at this Bar, is put off until this Day Sevennight, which is Friday the Seventh Day of June next.

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

And it was ORDERED, That the Report of this Conference shall be made the next Day this House sits again.

E. of Strafford's Privilege, in Scudamore's Suit against him.

Whereas Complaint hath been made to this House, by the Earl of Strafford, "That a Declaration in the Court of Common Pleas has been sent to Hamond Overed, a Tenant to his Lordship, wherein William Scudamore is Plaintiff, against George Hunter, as a seigned Ejector, for a Messuage and several Parcels of Land, in the Parish of Overton, in the County of Yorke, wherein his Lordship's Title is only concerned:"

It is ORDERED, That the Court of Common Pleas shall not proceed upon the said Declaration, during the Privilege of this Parliament, unless his Lordship shall be content to wave his Privilege; and hereof all Counsel, Attornies, Solicitors, and all others herein concerned, are to take Notice, and yield their Obedience accordingly.

E. Rivers, Privilege in Higgins's Suit.

Upon Information given this Day to the House, "That a Coach and Six Horses of Thomas Earl Rivers, a Member of the House of Peers, were attached by Edward Higgins; and that there are divers Suits prosecuted, and Thirty-four Declarations filed against his Lordship, during the Time of the Privilege of Parliament:"

It is ORDERED, That there shall be no further Proceedings, by the said Higgins, against the Earl Rivers, during the Privilege of this Parliament, concerning the said Actions, unless his Lordship shall be content to wave his Privilege: And the said Higgins, his Counsel, Attorney, Solicitors, and all others whom it may concern, are to take Notice hereof, and yield their Obedience to this Order, as they will answer the contrary to this House.

Gifford versus L. Mohun.

ORDERED, That if Joseph Wilson appear not in Court on Wednesday the Fifth of June next, to give Satisfaction to this House, according to his Affidavit of the Seven-teenth of May Instant, on the Behalf of the Lord Mohun, That then Dorothea Gifford Widow is hereby permitted to proceed in her ordinary Course at Law against Peter Cooke, for Thirty-six Messuages and One Garden, in Bloomesbury, wherein it is alledged that the said Lord Mohun is interessed; the Order of this House of the said 17th of May notwithstanding: And hereof Notice is to be given to the said Wilson, or left at his House, or most usual Place of Abode, who is to attend this House according to this Order.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 5^tum diem Junii, 1661, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,
Dorsett.
J. Bridgewater.
Stafford.
Howard of Ch. & Andever.