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, 12 die Januarii.
Houses burnt in London, Judicature Bill.
Upon Report of the Committee for the Bill for erecting a Court of Judicature for deciding of Differences touching Houses burned or demolished by reason of the late Fire in London, "That their Lordships do want the Assistance of some of the Judges and Mr. Attorney General:"
It is ORDERED, That the Lord Chief Justice of the King's Bench, Judge Tyrrell, and Mr. Attorney General, have Notice to attend the said Committee on Monday next, in the Afternoon, at Three a Clock; and at such other Times as the Committee shall appoint.
Bill to illegitimate Lady Roos's Children.
The Earl of Dorsett reported, "That the Committee have considered of the Bill to prevent Theft and Rapine upon the Northern Borders of England; and they think it fit to pass as it is, without any Amendment."
Northern Borders Bill.
Message to H. C. with it; --and with Scawen's, and the Bill to illegitimate Ly. Roos's Children.
Report of the Conference on the Bill to prohibit the Importation of Irish Cattle.
He said, "That Sir Robert Howard said, That concerning the Word ["altogether"], which the Commons forgot to give their Lordships an Answer in, the Commons do agree for the leaving of it out of the Bill.
"He further said, That the only Word in Difference now between the Houses was the Word ["Nuisance"], which the Commons adhere to. The Commons take Notice of their Lordships Petition presented to the King, wherein there is an Expression, that this Bill would be ineffectual in case His Majesty grants any License or Dispensation; which furnisheth them with a Reason to insist upon the Word ["Nuisance"], which would take away all Power of dispensing in the King.
Report of the Conference on the Bill for examining Public Accompts.
"That this Proceeding of the Lords, in going by a Petition to the King for a Commission for taking the Public Accompts, there being a Bill sent up from the House of Commons, and depending before the Lords, for taking the said Accompts in another Way, is unparliamentary, and of dangerous Consequence.
"1. Because that, according to the Right and settled Course of Parliament upon Bills, neither a Bill nor any Part thereof is to be communicated to His Majesty by either House, until the Whole be agreed by both Houses.
"3. This Way of Proceeding doth directly tend to the destroying of the due Correspondence of the Two Houses each with other in passing of Bills, and that which ought afterwards to be from the Two Houses to His Majesty.
"4. By this Way of Proceeding, His Majesty will give His Answers not in the Presence of the House of Commons, according to the Course of Parliament, concerning Matters contained in Bills relating to the whole Realm.
"5. This Way of Proceeding is without Precedent; and this Reason only was by the Lords offered as sufficient why the House of Lords lately refused to agree with the Commons in taking of these very Accompts by a Way proposed by the House of Commons.
Bill for examining Public Accompts.
Message from H. C. for a Conference on the Poll Bill.
Report of this Conference.
"The Person that managed this Conference was Sir Thomas Meares; who said, The House of Commons have agreed to most of the Amendments in the Poll Bill sent from their Lordships; as, in the 17 Skin, 5 and 6 Lines, and 18 Skin, 16 Line, the Commons agree, with some further Amendments, which (fn. 1) concern the Dates of Time.
"2. Though they were invited to come over by Proclamation, yet they do not conceive the King intended to put them thereby into a better Condition now than in Time of Peace; they being also free from bearing of Offices of Trouble; and they do already pay Double Custom.
"The Second Point in Difference is, their Lordships adding Names of Commissioners; not that they except to the Persons, or dispute their Lordships Power of adding Names in that Kind, but in regard of the Multitude of Commissioners already named, wherein they confess they have transgressed themselves, in naming too many; which will lessen the Supplies, because every one will strive to help himself.
"The Fourth Thing in Difference is the leaving out the Clause for rating the Peers. To this, the Commons say, they cannot agree, though they said they do not here dispute or question the Privileges of Peers to tax themselves;
"1. Because, searching the Rolls of Parliament (though this be a Time unseasonable for making of Questions), it cannot be thus amended as their Lordships propound, by no Precedent whatsoever; as the Aid of 13 E. III, and 12 E. IV, Precedents clogged with Conditions, are ill Precedents, but do not warrant this Way of their Lordships. The Lords and Commons differed in the Kind of Tax. But where the Tax was one and the same, they say they are to seek for Precedents in this Case, that the Lords granted distinctly by themselves. If they should send up a Bill without taxing the Lords, they might be taxed alone by their Lordships.
"3. Because the Royal Assent cannot be divided; for the Words are, Le Roy, remerciant Ses bons Subjects: And their Lordships will have no real Advantage by going by themselves; this were no more than the Convocation do in granting Supplies to the King, which are enacted by the Lords and Commons. They say, That if an Assessment should be made again, which is very possible will be this Parliament, the Lords cannot be taxed distinctly, but with the Commons, as in all Assessments heretofore, and in this now levying."
Rating of Peers to be considered.
The Lord Chamberlain reported, "That the Committee have considered of the Clause concerning the Rating of the Peers; and the Opinion of the Committee is, That the Committee for Privileges do meet on Monday Morning next, at Nine of the Clock, to consider of this whole Clause, and to report their Judgement to this House."
L. Morley, Privilege. Hastings discharged.
Upon the humble Petition of Beaumont Hastings and Knevett Hastings, Prisoners in The Tower of London, for assaulting the Lord Morley, a Peer of this Realm, in the Street, whereby he was in Danger of his Life, and for giving his Lordship base and reviling Language; acknowledging their said Offence, and begging Pardon for the same:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled (the said Lord Morley's Willingness thereunto being signified to this House), That the Lieutenant of The Tower of London, or his Deputy, shall forthwith bring the said Beaumont and Knevett Hastings unto the Bar of this House, where they are to give their respective Securities, with Sureties to the Value of Five Hundred Pounds apiece, for their respective (fn. 2) aberaring and behaving themselves well and honestly, both in Word and Deed, toward the King's Majesty and all His Subjects, especially towards the Lord Morley; and that thereupon they the said Beaumont and Knevet Hastings are to be discharged from their present Imprisonment for the said Offence, paying their Fees due to the Officers of this House: And this shall be a sufficient Warrant on that Behalf.