House of Lords Journal Volume 12: 30 March 1671

DIE Jovis, 30 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker this Day, in the Absence of the Lord Keeper.

Bill for Relief of poor Prisoners for Debt.

Hodie 3^a vice lecta est Billa, "An Act for the Relief and Release of poor Prisoners for Debt."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir John Coell and Sir William Beversham:

To deliver to them the Bill for Relief and Release of poor Prisoners for Debt, and to desire their Concurrence thereunto.

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 other Precedent is upon Record in the Journal of 29th Year of Queen Eliz. the 22th Day of March, where it is entered in his verbis; videlicet,

"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.

A Message was brought from the House of Commons, by Sir George Downing and others; which consisted of these Particulars:

To return these Bills following:

1. The Bill for exporting Beer, Ale, and Mum, with their Lordships Amendments; to which they agree.

2. The Bill for making the Manor of Paris Garden a Parish, &c. with their Lordships Amendments; to which they have agreed.

3. The Bill for uniting the Vicarage and Parsonage of Ross, with their Lordships Amendments; to which they have agreed.

4. The Bill to enable Sir Andrew Hacket Knight to settle a Portion of Money on Mary his Daughter, with some Amendments; to which they desire the Concurrence of their Lordships.

Also these Bills following were brought up, to which the Commons desire their Lordships Concurrence:

1. "An Act to prevent the planting of Tobacco in England, and for regulating the Plantation Trade."

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."

3. "An Act for taking the Accompts of Threescore Thousand Pounds, and other Monies, given to the loyal indigent Officers."

4. "An Act for settling the Manor of Shabbington, for Payment of the Debts of Sir William Clarke Baronet."

5. "An Act for settling the Lands intended by John Sams for Charitable Uses."

6. "An Act for the encouraging of the sowing of Flax and Hemp."

Sequestrations in Chancery.

ORDERED, That the Debate of the Report concerning issuing Sequestrations upon Estates out of the Chancery shall be on Monday Morning next.

Stapilton versus Heron.

ORDERED, That the Cause between Stapilton and Heron shall be heard, by Counsel, on Tuesday Morning next.

Officers Widows.

ORDERED, That the Report from the Committee of Petitions concerning the poor Widows of indigent Officers shall be made To-morrow Morning.

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 31^um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.