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 Jovis, 30 die Martii.
Bill for Relief of poor Prisoners for Debt.
Message to H. C. with it.
H. C. inserting a Clause about Brandy in the Bill for an additional Imposition on Foreign Commodities Unparliamentary, as a Bill of the same Effect is now depending between the Houses.
The Earl of Essex reported, "That the Lords Committees for Privileges have met this Morning, and taken into Consideration the Matter referred to them by Order of this House Yesterday; which was, to consider of the Unparliamentary Proceedings of the House of Commons, in inserting a Clause concerning Brandy into the Bill, intituled, "An Act for an additional Imposition on several Foreign Commodities, and for the Encouragement of several Commodities and Manufactures of this Kingdom; and whether it be not contrary to all former Precedents and Proceedings of Parliament, there being a Bill concerning Brandy now depending between the Two Houses; and to report to the House what Course is fit to be taken, to prevent the like for the future. Their Lordships have thereupon perused Two material Precedents; One in the 23th Year of Queen Eliz. on the 8th Day of March, where this Entry is upon the Journal of this House; videlicet,
"This Day the Commons House, amongst other Bills, sent up a new Bill for the fortifying of the Borders against Scotland; and withal returned a former Bill, that with great Deliberation the Lords had passed and sent down before with the same Title; which Course the Lords thought to be both derogatory to the Superiority of the Place, and contrary to the ancient Course of both Houses; and, as they misliked the Disorder, so was it their Pleasure that this their Misliking should be entered in the Records of Parliament, lest so evil an Example might be hereafter used as a Precedent."
"The Lords having before passed a Bill for the Sale of Thomas Hanford's Lands to the same Effect, and sent it down to the Commons House, and there rejected without Conference with some of the Lords of this House; the Lords thought it a Precedent so strange, and so far different from the Orders of this House, that they of the Commons House should reject a Bill sent from this House without Conference, and frame a new Bill to the same Effect, and send it up, that they did resolve to put it to the Question, Whether this new Bill should by the Orders of the House be read here or not? The whole House, being particularly asked their Opinions herein, with One Assent concluded, not one gainsaying, that it should not be read."
"Upon Consideration had hereof, the Lords Committees are of Opinion, That this Manner of Proceeding of the House of Commons inverts the whole Course of the Parliamentary Way of Proceedings upon Bills; for that, if this Course be taken, the same Bill (though rejected) may be begun again in the same Session; and the whole Time which hath been spent in preparing a Bill is rendered useless; and if the same Thing may be done Twice, then oftener, even in Insinitum, in the same Session, and the whole Time of the Sitting may be possibly spent upon One particular Business."
The House caused the aforesaid Precedents to be read; and, upon Consideration, it is ORDERED, That this House agrees with the Lords Committees in this Report; and doth declare this Proceeding of the House of Commons to be Unparliamentary, and of dangerous Consequence.
Message from H. C. with Bills, and to return some.
2. "An Act to enable Trustees to sell the Manors, Lands, and Leases, of Sir Thomas Ogle Knight, deceased, for raising a Portion and present Maintenance for his Daughter and Heir, and Payment of his Debts."