House of Lords Journal Volume 12: 30 March 1670

DIE Mercurii, 30 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker this Day, in the Absence of the Lord Keeper, not being well.

Hotchkins' Bill.

Hodie 3^a vice lecta est Billa, "An Act to enable Robert Hotchkin to sell Land, to pay Debts, and raise Portions for Children."

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

It was Resolved in the Affirmative.

Message from H. C. to return Ashley's Bill.

A Message was brought from the House of Commons, by Sir William D'Oyley and others; who returned a Bill sent down from their Lordships, to enable Anthony Ashley Esquire to levy Fines, &c. to which the House of Commons have agreed as it is.

Bill for repairing Highways.

Hodie 2^a vice lecta est Billa, "An additional Act for the better repairing of Highways and Bridges."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Their Lordships, or any Five; to meet To-morrow Morning, at Eight of the Clock, in the Prince's Lodgings.

The Lord Holles is added to the Committee for Privileges.

Perkins' Bill.

The Lord Great Chamberlain and the Earl of Carlile are added to the Committee against the transporting of Children and other Persons.

Hodie 1^a vice lecta est Billa, "An Act to enable Henry and Jane Perkins to ensure to Doctor Wharton Lands, purchased in the County Palatine of Durham."

Message from H. C. with a Bill, and to return Gunman's.

A Message was brought from the House of Commons, by Mr. Birch and others; who presented an Act, intituled, "An Act for settling the Imposition on Brandy."

2. To return the Bill for naturalizing of Captain Christopher Gunman and others; which Bill was sent down with Addition of some Names, to which the House of Commons agree, and have added some more Names, to which their Lordships Concurrence is desired.

Also to let their Lordships know, that the House of Commons intends to sit this Afternoon.

To sit P. M.

ORDERED, That this House do sit this Afternoon, at Four of the Clock.

King did not withdraw on Delivery of a Message from H. C.

Memorandum, That His Majesty did not withdraw Himself, but sat in His Chair, when the Message was delivered from the House of Commons.

No Lord to speak to another in the House while sitting, but below the Bar.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That if any Lord have Occasion to speak with another Lord in this House while the House is sitting, they are to go together below the Bar; or else the Speaker is to stop the Business in Agitation; and that this Order be annexed to the Roll of the Standing Orders of this House.

Imposition on Brandy Bill.

Hodie 1^a vice lecta est Billa, "An Act for settling the Imposition on Brandy."

ORDERED, That the Committee for the Bill for rebuilding London do meet To-morrow Morning, at Eight of the Clock.

Davison's Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable Thomas Davison to sell Lands, to pay Debts, and provide for Younger Children."

ORDERED, That the Bill for repairing the Harbour and Piers of Great Yarmouth shall be read this Afternoon.

Leigh's Bill.

Hodie 2^a vice lecta est Billa, "An Act for enabling Thomas Leigh Esquire to sell Part of his Lands, for Payment of Debts."

ORDERED, That the Consideration of this Bill be committed to these Lords following:

Their Lordships, or any Five; to meet To-morrow Morning, at Eight of the Clock in the Prince's Lodgings.

Morris & al. versus Dove.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel shall be heard, at the Bar of this House, upon the Petition and Appeal of John Morris and Robert Clayton, from certain Proceedings in the Court of Chancery, in several Causes wherein Sir John Prettyman and the said John Morris and Rob't Clayton and Sir Thomas Cullam Baronet were Defendants, as also upon the Answer of Thomas Dove, Executor to John Dove and Anne his Wife (both deceased), read this Day in the House, upon Wednesday the Sixth Day of April next, at Ten of the Clock in the Forenoon; and that the said John Morris and Robert Clayton may have a Copy of the said Answer, and put in a Reply thereunto in Writing, on the said Sixth Day of April, if they see Cause.

Dean of St. Paul's Bill.

The Earl of Anglesey reported, "That the Committee have (fn. 1) reported the Bill concerning the Dean of St. Paul's; and they think it fit to pass, without any Amendments or Alterations."

Hodie 3^a vice lecta est Billa, "An Act for the rebuilding of a Mansion-house for the Dean of St. Paul's Church, London."

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

It was Resolved in the Affirmative.

Ly. Bellasis Bill.

Upon reading in this House the Amendments made by the House of Commons to the Bill, intituled, "An Act for settling Part of the Estate of Dame Suzan Bellasis Widow, late Wife of Sir Henry Bellasis, deceased:"

It is ORDERED, That it be referred to the Lords Committees to whom the said Bill was formerly committed, to hear the said Lady Bellasis thereupon, at Nine of the Clock To-morrow Morning, in the Lord Keeper's Lodgings; and to make Report unto the House.

Gunman & al. Nat. Bill.

The Addition of Names brought from the House of Commons this Day, to be added to the Bill for naturalizing of Captain Christopher Gunman and others, were read; but not agreed to, in regard this House holds it not agreeable to the regular Proceedings of Parliament, for the House of Commons to make a new Addition of Names to those Names added by the Lords, and sent down to the House of Commons: Upon which, the Lords Resolved, To have a Conference with the House of Commons in the Afternoon.

Deane and Dodson versus Barker.

Whereas this Day was appointed to hear Counsel at the Bar, to argue the Errors assigned by Joseph Deane of Westm. Esquire, and William Dodson of Westm. Gentleman, Plaintiffs in a Writ of Error depending in this House, wherein William Barker Esquire is Defendant; the said William Barker being ready with his Counsel, but the said Joseph Deane and William Dodson Plaintiffs not appearing, but rather causing Delay, to hinder the said William Barker from the Benefit of the said Judgement given on his Behalf in the Court of King's Bench:

It is Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the Court of King's Bench, and brought into this House by the said Writ of Error, be, and is hereby, affirmed; and that the Transcript of the Roll of the said Court wherein the said Judgement is entered be remitted, to the End the said William Barker may have such further Proceedings thereupon as according to the Rules of that Court are accustomable; the Form of which Judgement, to be affixed to the Transcript of the Record, followeth, in these Words:

"Postea, scilicet, Tricesimo Die Martii, Anno dicti Domini Regis Caroli Secundi Vicesimo Secundo (quæ Dies dat. fuit ad audiend. Errores per eosdem Josephum Deane & Will'm Dodson assignat.), venit prædict. Will'm's Barker in propriâ Personâ suâ ad Curiam Parliamenti apud Westm. & prædicti Josephus Deane & Will'm's Dodson (licet solemniter exacti) non venerunt, nec est Breve suum de Errore prædict. ulterius prosecut. propter quod, visis Erroribus assignat. & deliberat. Consideratione inde habitâ, concessum est per Curiam Parliamenti prædict. quod Judicium prædictum in omnibus affirmetur, & in omni suo Robore stet & Effectu; & quod Recordum prædictum, necnon Processus prædict. in Curiâ Parliamenti prædict. remittentur, & quod prædict. Will'm's Barker in Curiâ dicti Domini Regis coram ipso Domino Rege habeat inde Executionem versus præfatum Josephum Deane & Will'm Dodson, juxta Formam & Effectum Judicii prædict.; dicto Brevi de Errore ac Processu superius inde habit. in aliquo non obstante."

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quarta, Dominis sic decernentibus.

DIE Mercurii, 30 Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker this Day.

Yarmouth Harbour Bill.

Hodie 2^a vice lecta est Billa, "An Act for repairing the Harbour and Piers of Great Yarmouth."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Their Lordships, or any Three; to meet To-morrow Morning, at Eight of the Clock, in the Lord Keeper's Lodgings.

Message to H. C. about Bills; and for a Conference on Gunman's & al. Nat. Bill.

A Message was sent to the House of Commons, by Sir Moundeford Brampston and Sir John Coell; which consisted of these Particulars:

1. To let them know, that this House agrees to their Amendments in the Lord Strangford's Bill.

2. To deliver them the Bill concerning Robert Hotchkin, and desire their Concurrence to it.

3. To acquaint them, that this House hath passed the Bill concerning the Dean of St. Paul's Church.

4. To desire a present Conference, in the Painted Chamber, concerning the new Addition of Names made by the House of Commons to those Names added and sent down by the Lords in the Bill for naturalizing Captain Gunman and others.

The Earl of Bridgwater, Earl of Bolingbrook, Earl of Essex, Earl of Anglesey, Vicecomes Hallyfax, Lord Holles, and the Lord Ashley, were appointed to manage this intended Conference with the House of Commons.

The Messengers returned with this Answer:

Answer.

That the House of Commons will give a Conference, as is desired.

The House of Commons being ready for the Conference, the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Imposition on Brandy Bill:

Hodie 2^a vice lecta est Billa, "An Act for settling the Imposition upon Brandy."

Petition against it.

A Petition from the Merchants importing Brandy was read, desiring to be heard at the Bar before the Bill be passed.

Hereupon the House made this Order following:

"Upon the Second Reading of a Bill, intituled, "An Act for settling the Imposition on Brandy;" as also upon reading the humble Petition of several Merchants of London, Importers of Brandy, on the Behalf of themselves and other Merchants in the Out Ports, praying, that they may be heard before the said Bill shall pass this House: It is ORDERED, That Counsel shall be heard, at the Bar of this House, on the Behalf of the said Petitioners; also on the Behalf of His Majesty's Commissioners, Farmers, and other Officers concerned in the said Imposition, Tomorrow at Ten of the Clock in the Forenoon."

Perkins' Bill.

Hodie 2^a vice lecta est Billa, "An Act to enable Henry and Jane Perkins to ensure to Doctor Wharton Lands purchased in the County Palatine of Durham."

ORDERED, That the Consideration of this Bill be committed to the same Committee as the Bill concerning Great Yarmouth is.

Ly. Bellasis' Bill.

ORDERED, That the Committee concerning the Lady Bellasis' Bill do meet To-morrow Morning, at Nine of the Clock.

Message from H. C. for a Conference on the Bill against Conventicles.

A Message was brought from the House of Commons, by Sir Robert Carr and others:

To desire a Conference concerning Amendments on the Bill against Conventicles.

The Answer returned was:

That this House agrees to a Conference, and appoints it to be presently, in the Painted Chamber.

These Lords following were appointed to report this Conference:

Bellamy's Bill.

Hodie 2^a vice lecta est Billa, "An Act for enabling Robert Bellamy to sell Lands, for Payment of his Debts."

ORDERED, That the Consideration of this Bill is committed to the same Committee as the Bill concerning Yarmouth is.

The House was adjourned during Pleasure, and the Lords went to the Conference with the House of Commons; which being ended, the House was resumed.

Additional Act for rebuilding London.

ORDERED, That the Committee concerning the Bill for rebuilding of London do meet To-morrow Morning at Eight of the Clock.

Davison's Bill.

ORDERED, That the Bill concerning Mr. Davison shall be read the Second Time To-morrow Morning.

Those Lords as were appointed to report the Conference concerning the Bill against Conventicles shall meet To-morrow Morning, and advise together for making the said Report To-morrow Morning.

Adjourn.

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