Journal of the House of Lords: Volume 12, 1666-1675. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, 4 die Februarii.
Answer from H. C.
Heads for the Conference on the Bill against maiming and wounding.
The Lord Chamberlain reported, "That the Committee have prepared some Reasons to be offered to the House of Commons at a Conference, which they offer to the Consideration of the House; which were read, as follows:
"To the Second and Third Amendments, the Lords say, That a certain Day being given for their Appearance, after the Day of the Royal Assent, is, we conceive, sufficient Certainty; because, though it be uncertain what Day the Royal Assent will be given, yet, when the Royal Assent is once given, it is a sufficient Notification of the Time to the whole Kingdom, being ever given in the Presence of the Two Houses of Parliament, and all Subjects are to take Notice of it:
"As to the referring the Parties sled to the Journal Books of the House of Peers, we see no Weight of Reason in excepting to it, because it rather adds to the Certainty mentioned in the former Reason than any Ways weakens it, though the Flight of Persons accused is no Argument why they should be the better provided for in a Law; that, if this Way seem unusual, it is likewise to be considered that the Occasion is unusual, and Precedents in Point are not to be expected for Practices beyond Example.
"To the Commons Reasons upon the Sixth Amendment, the Lords say, That it seems to them a speedy Remedy upon a particular Fact, to provide a general Law to take Place by the 24th of June, in the mean Time while other Laws are in Force against such Offences; and the Example of the Punishment inflicted by this Law upon these Offenders is sufficient to terrify others from committing the like Offences between this and that Time.
"To the 8th Line in the Sixth Amendment, the Lords say, That Provision uses not to be made by Law, but against designed and contrived Offences, not against accidental Mischiefs; especially when new Felonies (as in this Case) are made, they ought to be strictly and warily circumscribed.
"To the 7th Amendment, concerning the Words ["knowing of and privy to the Offence as aforesaid"], the Lords conceive the Words not superfluous, because Men may perhaps aid and abet, and not be privy to the Offence maliciously designed; and therefore esteem it more safe to continue the Words, the Penalty being so great, to the End it may reach only the Persons privy to the Offence.
"1. That the Offence provided against cannot happen but in Time of Parliament, when the Remedy by special Acts is always at Hand, as hath appeared in former Parliaments, to which this Bill will be an additional Precedent of increasing Severity. This is in general to the whole Clause. Next, as to what may particularly concern the Peers:
And the Gentleman Usher acquainting the House, That the Commons were ready for the Conference in the Painted Chamber; the House was again adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.
E. of Shrewsbury's Bill.
Hodie 3a vice lecta est Billa, "An Act to enable the Guardians of Charles Earl of Shrewsbury and John Talbot Esquire, Infants, to dispose of certain Manors, Lands, and Tenements, for the Benefit of the said Infants."
Message to H. C. with it; and that the Lords agree to L. Stafford's and L. Norris's Bills.
To deliver to them the Bill concerning the Earl of Shrewsbury, and to desire their Concurrence thereunto; also to acquaint them, that this House agrees in the Amendment made in the Bill concerning the Lord Norreys; and that their Lordships do agree to the Amendment in the Bill touching the Lord Viscount de Stafford and his Tenants.
Colt versus Colt.
Greene versus Cole, in Error.
Bill against the Importation of Brandy.
E. of Peterb. and Dr. Colladon's Petitions.
Lord Byron versus Sir Wm. Juxon, Privilege.
Whereas Complaint hath been made to this House, by the Lord Byron, "That Sir William Juxon Baronet nath not obeyed the Order of this House, dated the Sixth Day of December last, for restoring to the said Lord Byron the Tenths, Tithes, and Profits, of the Rectory or Parsonage of Rochdale, and Chapels of Saddleworth and Butterworth, in the Counties of Yorke and Lancaster, taken and received by the said Sir William Juxon or his Agents, since the Time of Privilege of Parliament, contrary to the Privilege of Parliament; "the said Sir William Juxon this Day acknowledging, at the Bar of this House, "That some of his Agents have received some Monies in Lieu or Composition for some of the said Tenths, Tithes, and Profits, since the Time of Privilege aforesaid:"
Upon Consideration had thereof, it is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That, upon Demand to be made thereof by the said Lord Byron or his Agent to be employed in that Behalf, the said Sir William Juxon shall pay back and restore unto the said Lord Byron all such Monies or other Profits as he or his Agents have received of the Parishes of Rochdale, Saddleworth, and Butterworth aforesaid, for the Tenths and Tithes thereof, since the Time of the Privilege of Parliament.