Journal of the House of Lords: Volume 11, 1660-1666. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 16 die Maii.
Message to H. C. with Bills.
Bill to confirm Acts for draining the Fens.
Message from H. C. with a Bill; and to sit P. M.
A Message was brought from the House of Commons, by Sir Thomas Strikeland and others; who returned a Bill touching the regulating the making of Broad Woollen Cloths in the West Riding in the County of Yorke, to which their Lordships made some Alterations, and hath received the Concurrence of the House of Commons therein.
Cherry, E. Rivers' Chaplain, freed from an Arrest.
The House being certainly informed, "That Edward Cherry Clerk, Domestic Chaplain to the Earl of Rivers, was arrested, on the 4th Day of this Instant May, contrary to the Privilege of Parliament, by George Merry and Edward Sage, Bailiffs, at the Suit of John George and George Nicholson, Creditors:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Cherry is hereby fully discharged from any Restraint by reason of this Business; and that all Proceedings at Law touching such Actions as are commenced against him by the said Persons shall be void, and be no further proceeded in; any former Proceedings herein had notwithstanding: And hereof all Persons any Way concerned are to have Notice, who are to yield their Obedience hereunto, as the contrary will be answered to this House.
Merry and Sage, Bailiffs who arrested him.
Memorandum, That this House was fully satisfied concerning the high Breach of Privilege of Parliament of George Merry and Edward Sage; but did forbear sending for them as Delinquents, in regard of the near Approach of the End of this Session of Parliament: Therefore leaves it to the Consideration of the next Session of Parliament.
Reading Clerk's Fees on Private Bills in Committee.
Whereas heretofore the Sum of Forty Shillings hath been paid upon every Private Bill, for Entertainment of the Lords Committees to whom such Bills were referred; and the Lords are willing to dispense with that Custom:
It is hereby ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That for the future the said Sum of Forty Shillings, to be paid upon each Private Bill as aforesaid, shall be converted and paid, unto the Reading Clerk of this House, as a Salary and Fee, in respect of his Attendance on the Committees to whose Care such Bills shall from Time to Time be referred by this House.
DIE Veneris, 16 die Maii, post meridiem.
Bill to confirm Acts for draining the Fens.
The Lord Bishop of Chichester reported from the Committee, the temporary Bill concerning the Draining of the Great Level of the Fens, as sit to pass, with some small Alterations, and a Proviso; which being read Twice, the House agreed to the Alterations, but laid aside the Proviso, and ordered the said Bill to be engrossed.
Message from H. C. for a Conference on the Militia Bill.
The L. Treasurer.
Bill to prevent the Exportation of Sheep, Wool, &c.
The Earl of Bridgwater reported, "That the Committee have considered of the Bill against the Exportation of Wool and Woolsels;" wherein they made some Alterations; which, being read Twice, were Agreed to.
Report of the Conference concerning the Militia Bill.
The Lord Ashley reported the Effect of this Free Conference with the House of Commons, concerning the Bill for settling the Forces of this Kingdom; and shewed wherein the Commons agreed to their Lordships Amendments, and wherein they do not agree:
"In the First Skin, the House of Commons agree with the Lords Amendments in the 30 and 32 Line; adding, in the 3d Line of their Amendment to the 32 Line of the Bill, the Words in their Paper, beginning ["always understood, &c."].
"In the Second Skin, the Amendment to the 45 Line, Agreed, leaving out the Word ["formerly"] in the 46 Line, and instead thereof inserting these Words ["and so from Time to Time the Month's Pay by him or them last before"]."
"In the Fourth Skin, the Commons agree thus: After ["or"] in the 10th Line of the Paper sent from the Lords, the Commons insert these Words ["other Directions from His Majesty"], leaving out the Words ["and either Way"], and instead inserting the Word ["or"]."
"Agreed to the Proviso offered as an Expedient, adding, after the Word ["charged"] in the 2d Line, these Words ["by virtue of this Act"], and after the Word ["to"] in the 7th Line these Words ["the Lord Chancellor or Lord Keeper of the Great Seal of England, and the Lord High Treasurer of England, Lord President of the Council, and Lord Privy Seal, for the Time being, and such other Persons"]; and leaving out the Words [" so many Peers not fewer than Twelve"]; and after the Word ["the"] the Words ["Rules and"]; and after the Word ["mentioned"] in the 14 Line adding these Words ["not relating to the Monthly Tax, and shall have Power to put in Execution all and every the Powers and Authorities of this Act, as well for laying Assessments as imposing of Penalties"]; and after the Word ["made"], in the 15 Line, inserting these Words following ["together with such Penalties as shall be so imposed"]; and after the Word ["borne"] in the 18 Line, these Words ["and the Penalties levied"]; and after the Word ["done"] in the 20 Line, these Words ["or paid"]; and adding, at the Conclusion of the said Proviso, these Words ["and the Tenant so distrained is hereby enabled to deduct the Sum levied out of the next Rent"]."
Committee to prepare Amendments to a Proviso in it.
Upon Consideration of the rest of the said Proviso, the Lords appointed these Lords following a Committee, to withdraw presently, and word the Proviso according to the Sense of the House, to the End both Houses may agree therein:
L. Privy Seal.
Proviso for the Peers, in the Militia Bill.
"Provided always, and be it Enacted, by the Authority aforesaid, That no Peer of this Realm shall be charged with Horse, Horsemen and Arms, or Foot Soldiers and Arms, otherwise, or in any other Manner, than is herein after expressed; that is to say, That His Majesty, His Heirs and Successors, shall and may from Time to Time issue out Commissions, under the Great Seal of England, to so many Peers, not fewer than Twelve, as His Majesty, His Heirs and Successors, shall think sit, who, or any Five or more of them, shall have Power, from Time to Time, to assess all and every or any of the Peers of this Realm, according to the Limitations and Proportions in this Act appointed, for the finding of Horse, Horsemen, and Arms, or Foot Soldiers and Arms, and for other the Purposes in this Act mentioned (except the Monthly Taxes, which are to be levied, as is before prescribed in this Act); and shall have Power to put in Execution all and every the Powers and Authorities of this Act, as well for laying Assessments as imposing of Penalties (Imprisonment of the Person of any Peer of this Realm only excepted); which Assessment or Charge so made, together with such Penalties as shall be imposed (Imprisonment as aforesaid only excepted), shall be from Time to Time respectively certified to the respective Lieutenants of each County, to the Intent that the said Charge may be borne, and the Penalties (not before excepted) levied, according to the Intent of this Act: And in case there shall be any Default in Performance of any Thing to be done or paid by any Peer by virtue of this Act, that then it shall be lawful for the respective Lieutenants and Deputy Lieutenants, or any Three of them, to cause Distresses to be taken for the same, in any of the Lands of such Defaulter, within their said Counties or Limits respectively; and in case Satisfaction shall not be given within the Space of One Week after such Distress taken, then such Distresses to be sold, for the Performance of the said Service and the Charge incident thereunto, and the Overplus (if any be) to be restored to the Owner. And if a Tenant of any Peer of this Realm shall be distrained for such Default as aforesaid, the Tenant so distrained is hereby enabled to deduct the Sum levied out of his next Rent."
Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 17um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.