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, 24 die Januarii.
Answer from H. C.
L. Abergavenny's Bill.
The Earl of Dorsett reported, "That the Committee have considered the Bill concerning the Lady of Abergaveny; and their Lordships have thought fit to make some Alterations and Amendments therein, which are offered to the Consideration of this House."
Lives on Estates, for Discovery of, Bill.
The Lord Newport reported, "That the Committee have considered the Bill for Redress of Inconveniencies by Want of Proof of the Decease of Persons beyond the Seas, or absenting themselves, upon whose Lives Estates do depend; and the Committee have made some Alterations and Amendments therein, which were offered to their Lordships Consideration."
Bill for examining Public Accompts.
The Earl of Bridgwater reported, "That the Committee of the whole House have considered of the Bill for examining of Accompts; wherein the Committee have made several Alterations and Amendments, which are offered to the Consideration of the whole House."
Lords Commissioners for Accompts.
Memorandum, concerning Lords of the Privy Council not being named.
Memorandum, That the Reason why none of the Lords of His Majesty's Privy Council, Members of this House, were now named to be Commissioners, was, because it was the Desire of the Lords of the Council themselves to the House, that they might be left out at this Time.
Bill for examining Public Accompts:
Heads for a Conference, concerning it.
After this, the Earl of Anglesey reported, "That the Committee have considered of some Reasons to be offered to the House of Commons, in Answer to their Reasons delivered at a late Conference, concerning the examining of Accompts of Public Monies."
"The Lords, having reviewed all the Proceedings in their House concerning the appointing Commissioners for taking and examining the Accompts of Officers for the great Sums lately granted by Parliament, do find no Order or Transaction of theirs to have given any just Occasion for the House of Commons to vote their late Petition to His Majesty on that Subject unparliamentary, and of dangerous Consequence.
"And therefore, as they have used all Means to preserve a good Correspondency and Union between the Two Houses during this whole Session, waving for that End divers Exceptions that were and might have been taken to some Proceedings of the House of Commons; so they have appointed this Conference, to let the Commons see they had not Cause so positively to resent the exhibiting that Petition:
"1. Because, though there was some Affinity between the Matter of the Petition and the Bill yet depending, the Lords did not acquaint His Majesty with the Bill; but conceiving, upon Consideration of the Message formerly sent from that House concerning a Committee for Accompts, that the Way proposed by their Petition would give good Satisfaction, and do the Work, they took that Way.
"2dly, They cannot agree to your First Reason in the Latitude and Extent of it, nor further in any Kind than according to the Declaration made 9° of Henry the IVth, Rot. 21, intituled, Indempnity des Seignieurs et Communes, which their Lordships have not varied from, and mention to you, though you cited no Record to back your Reasons, that you may see their Care to walk by Rule and Precedent. And by this the rest of your Reasons are answered.
"3dly, Their Lordships must ever assert a Liberty in their House to apply to His Majesty by themselves, for the doing of any Thing warranted by Law, and which is not introductive of a new Law, as this was not.
"4thly, Their Lordships must mind you of a Bill in the 8th of Queen Elizabeth, concerning the Forfeitures of those who killed any shooting at Twelvescore Prick, which, at the Second Reading in this House, was stopt till they advised with the Queen, because it seemed to trench upon the Queen's Prerogative; and of an Application of their Lordships, 3° Caroli Primi, to the King alone, differing from the Desire of the Commons, concerning the Canceling of a Commission to Thirty-three of the Privy Council, for consulting of Ways to lay Impositions and raising of Monies; upon which though the Commons pressed; both to have the Commission canceled, and all Persons that had a Hand therein to be proceeded against and questioned, yet their Lordships by themselves only proceeded with His Majesty to have the Commission canceled, and waved the rest: And, to go no further, this very Session, in the Bill of Coinage, whilst it depended between the Two Houses, the Lords made a Stop thereof till they advised with the King, because it touched His Prerogative; which Bill is now made a Law, and no Exception was taken to their Proceedings.
"Upon the Whole, their Lordships doubt not, but you will be satisfied their Proceedings were misinterpreted by the Commons: But, for a full evincing, that as nothing unparliamentary, or of dangerous Consequence, was intended, so their Lordships will agree with the Commons, even their own Way, as far as may be, especially where it is conceived the People may receive so great Satisfaction, by the Knowledge that the great Sums granted by Parliament have been employed to the Use and End for which they were given to His Majesty; their Lordships have proceeded on the Bill for Accompts, and, having made such Amendments as they find necessary, have returned it to you."
Message to H. C. for this Conference.
Message from thence, with a Bill;-and to return Mildmay's.
A Message was brought from the House of Commons, by Mr. Grey and others; who presented a Bill, passed by the House of Commons, intituled, "An Act to enable a Sale of Lands, for Payment of the Debts of Henry Kendall Esquire;" to which their Lordships Concurrence is desired.
Votes concerning French Merchants.
Canary Company Patent.
And, after a serious Debate thereof, it is ORDERED, That all the Judges now in Town shall peruse the Charter granted to the Spanish Merchants, dated the 31th of May, 3° Jacobi, and also the present Patent granted to the Canary Company; and report their Opinion to this House To-morrow Morning, whether the said present Patent granted to the Canary Company be against the Statute of 3° Jacobi, Cap. 6, concerning Enlargement of Trade.