DIE Jovis, 24 die Januarii.
Domini tam Spirituales quam Temporales præsentes
|His Royal Highness the Duke of Yorke.
Johannes Ds. Robertes, Custos Privati Sigilli.
Robertus Comes Lyndsey.
Vicecomes Say et Seale.
Ds. Berkley de Berk.
Ds. Arundell de Warder.
Ds. Howard de Charlt.
Ds. Grey de Wark.
Ds. Howard de Esc.
Ds. Herbert de Cherb.
Ds. Berkley de Strat.
Ds. Arundell Treric.
The Lord Privy Seal sat Speaker this Day, in the
Absence of the Lord Chancellor.
Answer from H. C.
The Messengers sent Yesterday with a Message to the
House of Commons return Answer:
That they have delivered their Message.
vice lecta est Billa, "An Act for selling a
Messuage in Cheswicke, for Payment of the Debts of
Edward Russell Esquire."
ORDERED, That the Consideration of this Bill is
committed to these Lords following:
Vicecomes Say et Seale.
Ds. Howard Charlt.
Ds. Howard Esc.
Ds. Arundell Trerice.
Their Lordships, or any Five; to meet this Afternoon, at Three of the Clock, in the Prince's
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."
The said Amendments and Alterations were read
Twice, and Agreed to; and the House ordered the Bill
to be engrossed, with these Alterations and Amendments.
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."
And the Amendments and Alterations being read
Twice, were Agreed to; and the Bill ordered to be engrossed, with those Amendments and Alterations.
Bill for examining Public Accompts.
Next, the House was adjourned into a Committee, to
consider of the Bill for examining Accompts.
The House being resumed;
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
The said Alterations were read Twice.
Lords Commissioners for Accompts.
And because there was a Blank in the Bill for the
Names of such Commissioners as their Lordships should
name, the House named these Lords following to be
Anthony Earl of Kent.
William Earl of Bedford.
James Earl of Suffolke.
Richard Earl of Dorsett.
John Earl of Bridgwater.
James Earl of North'ton.
Oliver Earl of Bolingbrooke.
Arthur Earl of Essex.
Robert Earl of Aylsebury.
Richard Earl of Burlington.
Edward Viscount Conway.
Thomas Vicecomes Fauconberg.
Seth Lord Bishop of Exon.
John Lord Bishop Rochester.
George Lord Berkley Berk.
Charles Lord Howard Charlt.
William Lord Grey de Wark.
John Lord Lovelace.
Edw. Lord Howard de Esc.
John Lord Lucas.
George Lord Delamer.
Horatio Lord Townsend.
John Lord Crewe. And
Richard Lord Arundell de Treric.
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
Then the House agreed to the Report; and ORDERED, The said Alterations and Amendments shall be
delivered to the House of Commons, at a Conference.
Bill for examining Public Accompts:
vice lecta est Billa, "An Act for examining
the Accompts of divers Sums of Monies."
The Question being put, "Whether this Bill,
with the Alterations and Amendments now
read, shall pass?"
It was Resolved in the Affirmative.
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 which Reasons were read, as followeth:
"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
"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."
The House approved of these Reasons to be delivered to the House of Commons; and those Lords as
drew up these Reasons are to manage the Conference
with the House of Commons.
Message to H. C. for this Conference.
A Message was sent to the House of Commons, by
Sir William Childe and Sir John Coel:
To desire a present Conference, in the Painted Chamber, by a Committee of both Houses, touching the Bill
for examining of Accompts.
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.
2. To return the Bill concerning selling Land, for
the Payment of the Debts of Henry Mildmay deceased;
wherein their Lordships made some small Amendments, to which the Commons agree.
ORDERED, That the Committee for Mr. Russell's Bill
do meet To-morrow Morning, at Nine of the Clock.
Votes concerning French Merchants.
ORDERED, That the Votes brought from the House
of Commons, concerning the French Merchants, shall be
taken into Consideration To-morrow Morning.
Canary Company Patent.
After this, the House took into Consideration the Business concerning the Patent granted by His Majesty to
the Canary Company.
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
Dominus Custos Privati Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris,
videlicet, 25um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.