House of Lords Journal Volume 12: 5 April 1670

DIE Martis, 5 die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

PRAYERS.

Leigh's Bill.

The Earl of Dorsett reported, "That the Committee have considered the Bill to enable Thomas Leigh to sell certain Lands, for Payment of Debts; and having heard all Persons therein concerned, and received their Consents, the Committee thinks it fit to pass as it is."

Hodie 3^a vice lecta est Billa, "An Act for enabling Thomas Leigh Esquire to sell Part of his Lands, for Payment of Debts."

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

It was Resolved in the Affirmative.

Jurors Bill.

ORDERED, That the Committee for the Bill concerning Jurors shall meet this Afternoon, at Four of the Clock.

Message from H. C. to return a Bill ;- and for a Conference on Yarmouth Harbour Bill.

A Message was brought from the House of Commons, by Sir William Coventry and others:

First, To return the Bill for Endowment of Shadwell Church, which their Lordships sent down with a Proviso; to which Proviso the Commons do concur.

2. To desire a Conference concerning the Amendments and Proviso in the Bill for repairing the Harbour and Piers of Great Yarmouth.

The Answer returned was:

Answer.

That this House agrees to a Conference, and appoints the same to be presently, in the Painted Chamber.

Dutchy of Cornwal Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable the King's Majesty to make Leases, Grants, and Copies of Offices, Tenements, and Hereditaments, Parcel of His Highness' Dutchy of Cornwall, or annexed to the same."

E. of Strafford and Wainsford.

ORDERED, That the Earl of Strafford may have a Copy of Mr. Waindsford's Answer to his Petition.

The Earl of Bolingbrook, Earl of Anglesey, Vicecomes Hallyfax, Bishop of Rochester, Lord Townsend, and the Lord Ashley, are appointed Reporters for the intended Conference with the House of Commons.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference on the Yarmouth Harbour Bill.

The Earl of Anglesey reported, "That the Effect of this Conference was concerning the Amendments and Proviso made by their Lordships in the Bill concerning the Repairing of the Harbour of Great Yarmouth; to which Amendments the Commons do agree; but to the Proviso they agree not, because it mentions Fifty Pounds a Year to be paid by the City of Norwich, whereof no Mention is made in the Bill; and the Occasion of the Bill was for Yarmouth particularly, being a Nursery for Fishers, and of great Trade: Besides, the Imposition intended by the House of Commons is to cease after the Harbour and Piers are repaired; but their Lordships Proviso extends further; and so this is a new Imposition: Therefore the Commons prays their Lordships Concurrence, for laying aside the said Proviso."

Their Lordships, upon Consideration, agreed to leave out the said Proviso.

Report of the Conference on the Bill against Conventicles.

Then the Earl of Anglesey reported the Effect of the last Free Conference with the House of Commons, concerning the Amendments in the Bill against Conventicles; and said, "That Mr. Solicitor said, That the House of Commons have agreed to all the Amendments and Alterations in that Bill, saving in the Two Clauses or Provisos concerning, 1. the Searching of the Houses of Peers; 2. the Attaching of their Persons.

"They say, Both Amendments are of one and the same Nature; and that the Bill, as it is sent up from the House of Commons, hath a great Reverence for the House of a Peer, for they have directed a Difference in the Search of their Houses; whereas every other House may be searched by a Constable: They do not set Limits to the Distance between Peers and Commoners.

"They say, That if their Lordships should not agree with the House of Commons herein, it makes the Bill wholly ineffectual, if the Peers should have their Houses freed from being searched; there being but Two Ways to punish by this Law: 1st, To take the Offenders in the Manner. 2. Or by punishing the Fact afterward by Indictment. This last, they say, is, Tabula post Naufragium, being no Warrant can be had to take them in the Manner until it be too late, if the Course be not taken as it is in the Bill; and if a Peer cannot be taken in the Manner, there must be Indictments, and Fine and Imprisonment follows; and cannot be brought to answer but by Attachment: Therefore the House of Commons desires their Lordships Concurrence with them in those Two Particulars."

After a serious Debate of this Business;

The Question being put, "Whether this House doth agree with the House of Commons in this Clause, concerning the searching the Houses of Peers?"

It was Resolved in the Affirmative.

Protest against a Clause in the Bill for searching Peers Houses.

Memorandum, That, before the putting the abovesaid Question, these Lords following desired Leave of the House to enter their Dissents, if the Question was carried in the Affirmative; and accordingly do enter their Dissents, by subscribing their Names:

"Bolingbrooke.
Howard E. of Bercks.
E. Manchester.
Dover.
Peterborow.
Carlisle.
Holles.
Ed. Howard."

ORDERED, That this House adheres to the Proviso concerning the Persons of the Peers.

ORDERED, That this House have a present Conference with the House of Commons, to acquaint them with their Lordships Resolutions herein.

Message to H. C. for a Conference about it.

A Message was sent to the House of Commons, by Sir John Coell and Mr. Halsey:

To desire a present Conference, in the Painted Chamber, concerning the Subject-matter of the last Free Conference concerning Conventicles.

2. To let the House of Commons know, that this House agrees with them,

1. In the Bill concerning Henry and Jane Perkins to ensure Lands to Dr. Wharton.

2. In the Bill to enable Thomas Leigh Esquire to sell Lands, &c.

3. To leave out the Proviso in the Bill concerning Great Yarmouth.

Woodhouse's Nat. Bill.

Hodie 3^a vice lecta est Billa, "An Act for Naturalization of Horatio Woodhouse and others."

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

It was Resolved in the Affirmative.

ORDERED, That the Business concerning Brandy shall be taken into Consideration To-morrow Morning; and all the Judges are to have Notice then to attend this House.

Obliterating Proceeding's against the E. of Strafford.

ORDERED, That the Committee for Privileges do meet this Afternoon, at Four of the Clock, to proceed in the vacating and obliterating the Proceedings in the Journals of the Earl of Strafford's Business, in Pursuance of the Act of Parliament.

Bill against stealing Children.

The Earl of Dorsett reported, "That the Committee have considered the Bill against transporting of Children and others; and have made some Alterations therein, and added a Proviso, which are offered to their Lordships Considerations."

The said Amendments and Proviso being read, it is ORDERED, That the said Bill, with the Amendments and Proviso, is re-committed, to be further considered of.

Bill against burning Houses, &c.

ORDERED, That the Committee for the Bill against felonious burning of Houses, &c. do meet To-morrow in the Afternoon.

Laws expiring to be inspected.

ORDERED, That the Sub-committee for Privileges do meet this Afternoon, to consider what Acts are lately expired, and what are fit to be continued; and present a List of them to this House, that further Directions may be given therein.

The Lord Berkley of Berkley is added to the Committee for the Bill to re-build the City of London.

Answer from H. C.

The Messengers return with this Answer from the House of Commons:

That they will give a present Conference, in the Painted Chamber, as is desired.

The Lords went to the Conference.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem (fn. 1) Mercurii, 6^um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.