Friday, 17th August, 1660.
Covent Garden Precinct.
A BILL for making the Precinct of Covent Garden
Parochial, was this Day read the Second time; and,
upon the Question, committed unto Sir Thomas Clergis,
Mr. Knightley, Mr. Pryn, Sir Gilbert Gerrard, Mr.
King, Mr. Goodrick, Sir Wm. Waller, Sir John Temple,
Sir John Bowyer, Mr. Rainsford, Mr. Gilbert Gerrard,
Sir Francis Gerrard, Sir Solomon Swale, Sir Wm. Lewis,
Mr. Wingfeild, Sir Henry Williams, Mr. Hunrford, Mr.
Barton, Sir George Downing, Sir Edward Rossiter, Sir
Edward Jennings, Sir Lancelot Lake, Sir George Booth,
Sir Wm. Wheeler, Mr. Russell, Sir Wm. Doyley, Mr.
Allen, Sir John Northcot, Mr. Francis Bacon, Serjeant
Glyn, Sir Edmond Bowyer, Sir Edward Hales, Lord
Angier, Sir Wm. Waller, Sir Wm. Bowyer, Lord St. John,
* Rich: And are to meet at Two of the Clock, To-morrow in the Afternoon, in the Speaker's Chamber.
Serjeant Glyn reports from the Committee, the Proceedings of the said Committee upon the Amendments
and Provisoes, sent down from the Lords, to the Bill for
Confirmation of judicial Proceedings.
Resolved, That in the Second Line of the first Proviso,
after the Word "no," and before the Word "Fine,"
these Words, viz. "non claim upon or after any," be
The additional Clause, offered Yesterday to the Third
Proviso, being reported by the Committee, as fit to be
inserted, was read; viz. "and that all Grants, Conveyances, Leases, Devises, Assurances, Statutes, Recognizances, and Judgments, for Debt or Damages heretofore
had, made, or suffered, by any Person or his Heirs,
whose Conviction, Utlagary, or Attainder, is, by this
Act discharged, or made void, shall be of the same
Force and Effect, as if no such Conviction, Outlagary,
or Attainder had been."
Resolved, That this House doth agree with the Committee, that this Clause be added to the said Third Proviso.
The said Provisoes, so amended, together with the
Amendments of Yesterday, being put to the Question,
were agreed unto.
Ordered, That Serjeant Glyn do carry this Bill, and the
said Provisoes, so amended, to the Lords.
Ld. St. Johns.
Ordered, That the Bill, sent from the Lords, touching
the Lord St. Johns, be read the Second time on Monday
Officers in Courts of Justice.
Mr. Goodrick reports a Bill for indemnifying certain
Officers in Courts of Justice: Which was this Day read
the First and Second time; and, upon the Question, ordered to be ingrossed.
Loan from the City.
Ordered, That the Members of this House, that serve
for the City of London, do go to the Lord Mayor and
Common Council of the said City, and receive an
Account of them, what they have done, concerning the
Proposal made to the City, from the Parliament, for
borrowing One hundred thousand Pounds upon Security
of the Poll Bill.
A Message from the Lords, by Dr. Child and * *,
Two Masters of the Chancery;
Mr. Speaker, The Lords have commanded us to bring
down the Poll Bill; and to signify, that they do concur
with the Desires of this House in the Amendments
Conference with Lords.
Sir Henage Finch reports, that, according to the Commands of this House, the Committee attended the Lords
at a Conference Yesterday; and that the Substance of
the said Conference was as followeth:
"That the Matter thereof was about the Bill of Indemnity: To shew wherein they did adhere to their former
Amendments; and wherein they do agree with the Alterations made by this House.
"That the Lord Finch did manage the Conference for
the House of Peers: And was pleased to tell us, in the
first Place, that, in the Clause concerning Ireland, they
were willing to agree with this House, with some Amendments;"-(which the Reporter did particularly open;
and are specified in a Paper, then delivered, to be communicated to this House;)-" and these being agreed,
it will comprehend their agreeing to some other Words
in the Bill, touching his Majesty's Dominions."
"His Lordship told us, that, to that Clause, in the
Ninth Skin, the first Line, which concerns several Persons that were Judges of his late Majesty, they adhered,
as they formerly sent it down; that is, to the Blotting
out of that Clause whereby they were reserved to future
Penalties; and to the excepting of them for Life;
for which he offered some Reasons: That though it be
true we are now upon an Act of Indemnity and Oblivion,
yet they hoped we would not make it an Act of Oblivion
of our Duty to God, the King, and the Safety and
Honour of the Kingdom."
"He took notice, that this Kingdom having now arrived to a Miracle of Preservation when the Pit of Destruction was open, and the Privileges thereof, in all the
Parts of them, invaded; when the Murder of the King
had been committed, against all the Laws of God and
Man; This ought to stir up in us a Sense more than ordinary; And therefore, he thought it fit for us to consider our Duty to the King, a gracious Prince, and a
Prince endeared to us by the miraculous Preservation of
his Person by the Hand of Heaven; a Prince that had
suffered great Afflictions, like Joseph in Egypt, lying
long in Fetters; and That such as entered into his Soul,
like David, when he was hunted as a Partridge in the
Wilderness; and, that had received Deliverance like to
that of David's and Joseph's, being both in the Thirtieth
Year of their Age: And the Afflictions that befell this
good King, were the Effects of the Counsels of these
Men that are now in Question."
"He said, we are next to consider the Safety of the
Kingdom: Their Lordships did not think it fit nor safe
for this Kingdom that they should live: Here they cannot live; nor abroad with Safety; for Danger to a Kingdom is not always within Doors; Their Life may give
them Opportunity of tampering to the Working of Mischief abroad. Then, for the Honour of the Kingdom;
first, in point of Justice, Blood requires Blood; and he
instanced in the Gibeonites, the shedding of their Blood
could not be expiated but by the shedding of Blood."
"He took notice, that his Majesty's Honour was concerned in the Infamy which the shedding of that Royal
Blood hath brought upon this Nation, in the Eyes of
foreign Nations; and that this is the only Opportunity
to take it off."
"He took notice of an Objection, from the Proclamation issued by his Majesty, on the Desire of both Houses;
and, before he gave Answer to that, he observed, the
wonderful Moderation the King, and House of Peers,
had shewn in their Proceeding towards the Punishment
of Offenders at this Time. His Lordship observed, that
to petition to bring a King to Justice; to summon him
to Justice; to sit upon him, when he was summoned to
Justice; and to abuse the People by Suggestions that
might lead them to approve this Action; made them so
criminal as none could excuse them: These Proceedings
were all High Treason in themselves; and yet, all these
are pretermitted in the Act of Oblivion: These are those
who murdered his Royal Father; those that sentenced
him, and signed the Warrant: Which Moderation he
made use of to shew, that they might have been more
strict in this case. And, to the Objection, from the
Proclamation, he said, Something sure was intended by
it: But, first, the Proclamation was but negative in the
Words of it; and that, which can be gathered from it,
is only Implications out of a Negative. He took notice,
how the Proclamation runs; first, "that because divers
"Persons are fled from Justice, that they cannot be
"brought to a legal Trial, therefore they are summoned
"to render themselves:" Whence, it was argued, that
the Meaning thereof was suitable to the Recital, "to
"bring them to Justice.
"He observed, that this Proclamation calls in, among
the rest, Lisle and Sey: It might have added Baxter
and Scot; and yet none will say it intended to pardon
Them: Therefore he gathered, there could not be supposed an absolute Intention in that Proclamation to
pardon all that came in upon it: For, the very Persons
instanced in, had they come in, had yet not been pardoned. He observed, that the Proclamation says, they
must come in, under Pain of being excepted from Par
don and Indemnity, for Life and Estate; and, that we
ourselves had resolved to confiscate their Estates, notwithstanding the Rendering of themselves: And thence
his Lordship argued thus: If it be just to take away their
Estates, it is as just to take away their Lives: If it be
not just to take away their Lives, then it is not just to
take away their Estates. His Lordship said further, If
these Persons, thus excepted for Life and Estate, should
by us, be not excepted for Life, but subjected only to
future Penalties; then the Consequence would be, that
we shall adhere to the Pardon of some to Life, who are
more guilty, a great deal, than some of the Persons
whom we have excepted for Life; some of them having
been, at all the Sittings on the King, diligent Attendants
thereon, all the while; some of them designing the
Place of Slaughter, before his own House. It is true,
he said, the Thrones of Kings are established by Judgment and Mercy: But Mercy had been shewn already;
and nothing remains now, for Support of his Throne,
but Justice: And therefore his Lordship concluded this
Point with Advice; "Let the Wickedness of these
Men fall on their own Heads; but let the Throne of
our King be established for ever."
"To the Exception of the Four Persons that follow
in the Clause concerning Vane, Lambert, &c. they also
adhere, that they should stand excepted for Life: His
Lordship said indeed, they were not excepted as Murderers; but he took notice, that the King, of whose
Wisdom none can or doth doubt, and of whose Wisdom,
he knows, this House hath as great a Veneration, as
any, his Majesty himself, sitting the Parliament, (who
could not but take notice of it) thought fit to commit
these Persons to the Tower of London * * * * intimated,
by some Letters of his Majesty in Print, "if there be
Persons dangerous to the Safety of the Nation;"-
and as such he looked on these: But he said withal, if
they were capable of Mercy, no Question but the King,
the Fountain of Mercy, He would extend it to them.
In the mean time, their Lordships though it fit to leave
them to the Mercy of the King; and so he hoped this
House will too."
"To the Exception of those other Four Persons, that
sat in the several High Courts of Justice, their Lordships
also adhere. He observed, it was some Moderation in the
House of Peers, that they take no more than one apiece;
He said, This was done among them suddenly, and at the
Table, without Conference with any other Persons, or
meditating a Revenge; to shew the Candour and Plainness of their Proceedings: He confessed, it was equal and
just, there should be a like Explation, for the Breach
made on the Privilege of the Commons; and that some
Persons should be excepted on their Account: But their
Lordships were as careful of the Privileges of this House,
as of their own; and, having more Reason to expect it
from us, than to send it to us, therefore they omitted
"To the Proviso, whereby the Sixteen are sent down
under an Incapacity of all publick Employment, their
Lordships do agree, being content to acquiesce in Their
incapacitating only; and to omit the Adjourning of them
to future Pains and Penalties."
The Amendments, delivered by the Lords, at the said
Conference, were read; and, after, read by Parts.
The First Amendment was read; being as followeth;
viz. This House doth agree with the House of Commons, in the Proviso concerning Ireland, with these
7 Skin, 30th Line, after the Words "passed in,"
and before the Word "the," put in these Words,
"Parliament begun at Westminster, the Third Day of
November, in:" Which, upon the Question, was agreed
The Second Amendment; viz. 33 Line, after the
Word "same," and before the Word "nor," put in
these Words, "other than such as by another Act, intended hereafter to be passed, shall be therein named,
mentioned, or expressed to be pardoned," was read; and,
on the Question, agreed unto.
The Third Amendment; viz. 35 Line, after the
Word "Ireland," and before the Word "any," put
in these Words, "and their Heirs, and such other Person and Persons, as in and by an Act, intended to be
hereafter passed, shall be therein named, mentioned, or
expressed, in that Behalf," was read; and, on the
Question, agreed unto.
The Fourth Amendment; viz. same Line, after the
Word "Estate," and before the Word "in," in the
Interlineation, put in these Words, "Liberties, Franchises, or Hereditaments," was read; and, on the Question, agreed unto.
The next Amendment; viz. 9 Skin, 1st Line, resolved, the Lords do adhere to the Names of the Persons who were the King's Judges, &c. and as they formerly sent them down:
The Amendment, 9th Skin, 1st Line, as it was at
First sent down from the Lords, was also read:
Ordered, That it be referred to a Committee, to state
the Matter of Fact, upon the present Debate, about this
Amendment; and report it to this House To-morrow
Morning; viz. Mr. Elliston, Sir Solomon Swale, Sir Edward Turner, Sir Geo. Booth, Mr. Hollis, Mr. Allen,
Mr. Pryn, Col. King, Serjeant Glyn, Serjeant Hales,
Sir Wm. Wild, Sir * Rich, Mr. Knightley, Mr. Swinfin, Sir Henage Finch, Mr. Annesley, Sir Richard Temple,
Sir John Bowyer, Sir Gilbert Gerrard, Mr. Shapcot, Sir
Lancelot Lake, Sir Wm. Waller, Mr. Charlton, Sir Allen
Broadrick, Mr. Brereton, Sir John Lowther, Mr. Boscawen, Sir John Temple, Mr. Titus, Mr. Yong: And are
to meet this Afternoon at Three of the Clock, in the
Speaker's Chamber: With Power to send for Persons,
Books, Papers, Journals; and particularly the Book, and
other Writings, touching this Business, formerly sent
from this House to the Lords; and what else may conduce to the Business.
Leave of Absence.
Ordered, That Sir John Langham, a Member of this
House, have the Leave of this House to go into the
Country; and be also dispensed with from attending the
Employment of one of the Treasurers for the Poll Bill.