DIE Lunæ, 4 die Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| His Royal Highness the Duke of Yorke. |
Arch. Cant.
Arch. Eborac.
Epus. London.
Epus. Winton.
Epus. Ely.
Epus. Lyncolne.
Epus. Norwich.
Epus. Chester.
Epus. Exon.
Epus. Carlile.
Epus. Rochester. |
Johannes Ds. Robertes, Custos Privati Sigilli.
Dux Albemarle.
Marq. Winton.
Marq. Dorchester.
Robertus Comes Lyndsey, Magnus Camerarius Angl.
Comes Kent.
Comes Bedford.
Comes Lyncolne.
Comes Nottingham.
Comes Suffolk.
Comes Exon.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Clare.
Comes Bolingbrooke.
Comes Westm'land.
Comes Berks.
Comes Rivers.
Comes Dover.
Comes Chesterfeild.
Comes Norwich.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylsebury.
Comes Burlington.
Vicecomes Say & Seale.
Vicecomes Conway.
Vicecomes Mordant. |
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Berkley de Berkley.
Ds. Eure.
Ds. Willoughby de Parham.
Ds. North.
Ds. Chandos.
Ds. Petre.
Ds. Gerard de Bromley.
Ds. Tenham.
Ds. Howard de Charlt.
Ds. Lovelace.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Herbert de Cherb.
Ds. Newport.
Ds. Byron.
Ds. Carrington.
Ds. Widdrington.
Ds. Ward.
Ds. Lucas.
Ds. Berkley de Strat.
Ds. Cornwallis.
Ds. Delamer.
Ds. Townsend.
Ds. Ashley.
Ds. Arundell de Trerice. |
PRAYERS.
This Day the Lord Privy Seal sat Speaker, in the
Absence of the Lord Chancellor.
Precedents concerning H. C. desiring Conferences about Proceedings upon Judicature by the Lords.
The Lord Chamberlain reported, "That the Committee of Privileges have considered of some Precedents concerning the Message from the House of
Commons, concerning the Manner of Proceedings
upon the Impeachment against the Lord Viscount
Mordant; and their Lordships Opinion is, That none
of those Precedents they have seen do come home to
the Business; but the Precedents being ready, they
leave it to their Lordships Pleasure, whether to peruse any of them."
The House commanded these Precedents following to
be read; as,
Primo Jacobi, 26 Maii; a Message from the House
of Commons, concerning the Bishop of Bristol, who
was complained of for writing a Book against the Union
of England and Scotland; and Ultimo Maii, there was
a Meeting between Select Committees of both Houses
about the same; and 5th June, the said Bishop made
an Acknowledgement of his Error, before a Committee
of both Houses.
Another Precedent was in 12°
Jacobi, 28 May; a
Message was (fn. *) brought from the House of Commons,
against the Bishop of Lyncolne, for some Words he spoke
in the Lords House.
The 4th of June, another Message was brought from
the House of Commons against that Business.
After a serious Consideration and Debate;
Conference to be had with H. C. about the Method of proceeding in L. Mordant's Trial.
The Question being put, "Whether to grant a
Conference with the House of Commons,
upon the Desire of a late Message (fn. †) from the
House of Commons, concerning the Manner
of Proceedings upon the Impeachment of the
Lord Viscount Mordant?"
It was Resolved in the Affirmative.
Memorandum, That these Lords following, before
the putting of the aforesaid Question, desired Leave to
enter their Dissents, if the Question was carried in
the Affirmative: Which was granted; and accordingly
entered their Dissents as followeth:
Protest against it.
"The Reason why we have desired the Leave of
the Lords to enter our Dissents to the foregoing Vote
is, because we believe the conferring with the House
of Commons upon a Matter only relating to the
Manner of Proceedings in Judicature, as we humbly
conceive this to be, is a very great Derogation to
the Privileges of this House. We do therefore enter
our Dissents accordingly.
"Dorchester. J. Bridgewater. Howard of Ch."
Bill to explain the Poll Bill.
The House was adjourned into a Committee of the
whole House, to consider of the explanatory Act for
raising Money by a Poll.
The House being resumed;
The Lord Chamberlain reported, "That the Committee of the whole House have considered of the
Bill explanatory for the Poll Bill, and thinks it fit
to pass as it is."
Hodie 3a
vice lecta est Billa, "An Act explanatory
for raising Monies, by a Poll and otherwise, towards
the Maintenance of the present War."
And the Question being put, "Whether this
Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords will give them a Conference about the Method of proceeding in L. Mordant's Trial.
A Message was sent to the House of Commons, by
Sir William Child and Sir Justinian Lewin:
To let them know, that their Lordships are now
ready to give them a present Conference, in the Painted
Chamber, by a Committee of both Houses, touching
their Message concerning the Impeachment against the
Lord Viscount Mordant.
L. Norris's Bill.
ORDERED, That the Lord Privy Seal, Lord Chamberlain, Earl of Westm'land, Earl of Norwich, and the
Lord Widdrington, are added to the Committee for the
Bill concerning the Lord Norris; which Committee is
appointed to meet this Afternoon, at Three of the
Clock.
The Earl of Bridgwater, Earl of Bolingbrooke, Earl
of Anglesey, the Bishop of Exon, the Bishop of Rochester, the Lord Lucas, and the Lord Ashley, are appointed to report the intended Conference with the
House of Commons.
The Messengers return this Answer:
Answer from H. C.
That they have delivered their Message to the House
of Commons.
The House of Commons being ready, this House
was adjourned during Pleasure, and the Lords went to
the Conference; which being ended, the House was resumed.
Bedford Level Tax Bill.
The House, according to the Order of 29th of January last, heard Counsel of divers Persons concerned,
touching the Matter contained in the Bill depending in
this House, for settling the Taxes to be imposed on the
Adventurers Lands in Bedford Levell after a Pound Rate.
Upon Consideration hereof, the House ordered the
said Bill to be committed to these Lords following:
|
Marq. Dorchester.
Comes Kent.
Comes Bedford.
Comes Suffolk.
Comes Bridgwater.
Comes Clare.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Craven.
Comes Burlington.
Vicecomes Say et Seale.
Vicecomes Conway.
Vicecomes Mordant. |
Epus. Winton.
Epus. Lyncolne.
Epus. Norwich.
Epus. Exon.
Epus. Carlile.
Epus. Rochester. |
Ds. Berkley de Berk.
Ds. Eure.
Ds. North.
Ds. Newport.
Ds. Byron.
Ds. Carrington.
Ds. Lucas.
Ds. Berkley Strat.
Ds. Cornwallis. |
Any Five; to meet To-morrow, at Three of the
Clock in the Afternoon, in the Prince's Lodgings.
L. Norris's Bill.
ORDERED, That the Committee for the Bill concerning the Lord Norris do meet To-morrow Morning, at
Nine of the Clock.
Bill for suppressing Atheism, &c.
ORDERED, That the Committee for the Bill against
Atheism, &c. do meet To-morrow in the Afternoon,
at Three of the Clock.
Edward Christian and William Moore sworn at this
Bar, in order to give their Evidence before the Committee for the Lord Norris's Bill.
Report of the Conference concerning the Method of proceeding in L. Mordant's Trial.
The Earl of Anglesey reported the Effect of the late
Conference with the House of Commons, concerning
the Business of the Lord Viscount Mordant's Impeachment:
"The Commons of England, in Parliament assembled, desired this Conference, to continue a good
Correspondency betwixt the Two Houses, and to
preserve the ancient Manner of Proceedings in Parliament, in taking Notice of their Lordships last Answer, adjudging it a Right inherent in every Court,
to order and direct such Circumstances and Matters
of Form, that can have no Influence to the Prejudice
of Justice, in such a Way as they shall judge fit,
where the same are not settled otherwise by any positive Rule.
"The Commons conceive that the First Part, the
admitting the Lord Mordant to the Place now given
him upon his Trial, may have Influence to the Prejudice of Justice, by the intimidating of Witnesses,
when they shall see the Lord Mordant admitted to so
extraordinary a Favour, being a Person of great
Command, and divers of the Witnesses living under
his Command.
"As to the other Part of the Lords Answer, "That
all Courts have Power to settle Circumstances in
Matter of Form, that have no Influence to the Prejudice of Justice, in such Way as they shall judge
fit, where it is not settled by any positive Rule;"
the Commons conceive that Precedents amount to
a positive Rule; and the Manner of Persons accused
appearing at their Trials was settled in the Earl of
Middlesex' Case before cited, and that was ruled by
the Search of Precedents.
"And they added, that as they are very tender of
the Rights and Privileges of their Lordships, so they
hope their Lordships will be of theirs; and concluded, that when this Point of Form shall be settled
by the Lord Mordant's coming to the Bar, they shall
be ready, according to their Lordships Wish, to
proceed to Matter of Substance."
Resolution of the Lords upon the Report.
Upon serious Consideration hereof, the House Resolved, To let the House of Commons know, the Lords
are resolved, that their former Answer, given to the
House of Commons the 28th Day of January last, and
confirmed the 31th of January, shall stand; and a Conference to be desired, wherein the Lords that are to
manage the Conference are to signify their Lordships
Continuance of their former Order; in which their
Lordships are further confirmed by the Precedent of
the Bishop of Landaph's Case, 18°
Jacob; and the Earl
of Stamford's Case, 1645; and to let them know further,
that their Lordships will be ready To-morrow Morning,
to proceed in the Business.
Message to H. C. for a Conference about it.
A Message was sent to the House of Commons, by
Sir William Child and Sir Justinian Lewin:
To let them know, that this House intends to sit this
Afternoon, at Five of the Clock; at which Time
their Lordships desire a Conference, by a Committee of
both Houses, in the Painted Chamber, concerning the
Subject-matter of the last Conference, touching the Impeachment of the Lord Viscount Mordant.
Pettit versus Hyde.
The Earl of Bridgwater signified to the House,
"That whereas their Lordships lately received a Petition from one Henry Pettit; which their Lordships
were pleased to direct to be shewed the Lord Chancellor; his Lordship having Occasion to wait upon the
Lord Chancellor on last Friday in the Evening, the
Lord Chancellor told him, That he had received by
the Clerk of the Parliament, the Night before, a
Copy of the said Petition ; and that he had set down
all his Knowledge of it in a Paper, which he desired
his Lordship humbly to present to this House."
Which being read, the House made no Order therein.
Adjourn.
Dominus Custos Privati Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quinta, Dominis sic decernentibus.
DIE Lunæ, 4 die Februarii, post meridiem.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| His Royal Highness the Duke of Yorke. |
Epus. London.
Epus. Winton.
Epus. Lyncolne.
Epus. Norwich.
Epus. Chester.
Epus. Exon.
Epus. Carlile.
Epus. Rochester. |
Johannes Ds. Robertes, Custos Privati Sigilli.
Dux Albemarle.
Marq. Winton.
Marq. Dorchester.
Robertus Comes Lyndsey, Magnus Camerarius Angl.
Edwardus Comes Manchest. Camerarius Hospitii.
Comes Kent.
Comes Bedford.
Comes Lyncolne.
Comes Suffolke.
Comes Bridgwater.
Comes North'ton.
Comes Clare.
Comes Bolingbrooke.
Comes Dover.
Comes Essex.
Comes Anglesey.
Comes Carlile.
Comes Craven.
Comes Aylsebury.
Comes Burlington.
Vicecomes Mordant. |
Ds. Berkley de Berkley.
Ds. Eure.
Ds. North.
Ds. Chandos.
Ds. Petre.
Ds. Howard de Charlt.
Ds. Lovelace.
Ds. Newport.
Ds. Byron.
Ds. Lucas.
Ds. Berkley de Strat.
Ds. Cornwallis.
Ds. Townsend.
Ds. Ashley.
Ds. Arundell Trerice. |
PRAYERS.
The Lord Privy Seal sat Speaker this Afternoon,
in the Absence of the Lord Chancellor.
Seamen and Navy Stores Bill.
Hodie 2a
vice lecta est Billa, "An Act to prevent the
Disturbances of Seamen, and to preserve the Stores
belonging to His Majesty's Navy Royal."
ORDERED, That the Consideration of this Bill is committed to these Lords following:
|
Dux Albemarle.
L. Chamberlain.
Comes Bridgwater.
Comes Essex.
Comes Anglesey.
Comes Aylsebury.
Comes Burlington.
Vicecomes Say et Seale. |
Epus. London.
Epus. Winton.
Epus. Norwich.
Epus. Exon. |
Ds. Berkley de Berkly.
Ds. Eure.
Ds. Chandos.
Ds. North.
Ds. Lucas.
Ds. Cornwallis.
Ds. Berkley Strat. |
Their Lordships, or any Five; to meet To-morrow
Morning, at Nine of the Clock, in the Prince's
Lodgings.
Sir C. Stanley's Bill.
Hodie 2a
vice lecta est Billa, "An Act for enabling
Trustees to make Leases, for Payment of the Debts,
and providing for the Children, of Sir Charles Stanley."
ORDERED, That the Consideration of this Bill is committed to these Lords following:
|
Marq. Dorchester.
L. Great Chamberlain.
L. Chamberlain.
Comes Kent.
Comes Lyncolne.
Comes Bridgwater.
Comes Clare.
Comes Anglesey.
Comes Essex.
Comes Craven.
Comes Burlington.
Vicecomes Mordant. |
Epus. London.
Epus. Winton.
Epus. Chester.
Epus. Exon.
Epus. Rochester. |
Ds. Berkley de Berk.
Ds. Eure.
Ds. North.
Ds. Petre.
Ds. Newport.
Ds. Lucas.
Ds. Cornwallis.
Ds. Townsend.
Ds. Ashley.
Ds. Arundell de Trerice. |
Their Lordships, or any Seven; to meet To-morrow, at Three of the Clock in the Afternoon,
in the Prince's Lodgings; and the Committee is
to examine all the Matters of Fact in the Bill,
and to take Care that there be a competent Recompence made for the Heir.
The Question being put, "Whether the Committee for the Lord Norris's Bill do sit immediately upon the Rising of the House?"
It was Resolved in the Affirmative.
Answer from H. C.
The Messengers sent to the House of Commons return
with this Answer:
That the Commons will give a Conference, as was
desired, this Morning.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Report of the Conference about L. Mordant's Trial.
And the Earl of Anglesey reported, "That the Lords
that managed this Conference had obeyed their Lordships Direction, in urging those Precedents as were
given them in Charge."
Report of the Conference concerning the Plague Bill.
Next, the Earl of Anglesey reported the Effect of the
Conference with the House of Commons on Friday
last, concerning the Bill for preventing dispersing the
Plague:
"That Mr. Solicitor who managed this Conference,
said, The Commons desired this Conference concerning the Amendments of the Plague Bill, wherein
there were Three Amendments sent down from their
Lordships; Two whereof are One, and the Third
they agree to. The Two First are One in Substance,
and are in a Proviso about Power to execute this
Law.
"The Commons say, They cannot agree to these
Amendments, for these Reasons:
1. Dear Experience hath taught, that there is
Necessity of this Bill; and this being a Supplement of former Laws, to make them effectual, they hope their Lordships will not graft
a new Privilege thereupon.
In the Statute of 1°
Jacobi, the Peers Houses are
not excused from shutting up. No Dignity
can exempt from Infection; and therefore
none to be freed from what is for the Safety
of the People. Nor is it reasonable, that the
People's Safety should depend upon their Lordships Pleasure to shut up themselves.
This weakens the Execution of the former Act.
He said, Their Lordships may be absent when
Infection is in the House; and so the House
remain open, to the endangering the spreading
of Infection.
Ob. But meaner Persons have the same Privilege by this Act?
Answ. The Commons say, They hope since
they find it so, they shall be excused in
that; and their Lordships will not expect
they should grant their Lordships a new
Privilege upon such occasional Demands.
"2. The Commons say, The Extent of their
Lordships Addition is dangerous; for no House
within any Jurisdiction of a Peer can be shut
up: And their Lordships, being great Persons,
have great Jurisdictions; and no House can
be shut up within their Bounds. This may
bring in the Plague, but cannot keep it out.
"3. Their Lordships, being in so high a Sphere,
have frequent Access to the Crown: The Commons hold it their Duty to pay this Respect to
the King, that He may be safe.
"4. This a Privilege, as new, so of dangerous
Consequence, their Houses being of great
Resort.
"5. Their Lordships have several Houses, and none
can be in Two Places or more at Once; and
so some of their Lordships Houses will have
none to shut them up.
"The Commons say, They have no Design
to put their Lordships and the Commons
at a Parity or Level in this Case, though
Death equals all; but they hope their
Lordships are not against providing for
the Safety of the People. And upon these
Reasons, they beseech their Lordships
Agreement."
Adjourn.
Dominus Custos Privati Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 5tum diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.