House of Lords Journal Volume 12
2 April 1670

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1767-1830

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'House of Lords Journal Volume 12: 2 April 1670', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 335-337. URL: http://www.british-history.ac.uk/report.aspx?compid=12670 Date accessed: 24 July 2014.


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DIE Sabbati, 2 die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. London.
Epus. Winton.
Epus. Ely.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Oxon.
Epus. Rochester.
Epus. Bangor.
Epus. Landaffe.
Epus. Lyncolne.
Epus. Exon.
Epus. Chester.
Epus. St. Asaph.
Dux Cumberland.
Dux Richmond.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Edwardus Comes Manchester, Camerarius Hospitii Domini Regis.
Comes Dorsett.
Comes Exon.
Comes Bridgwater.
Comes Bristoll.
Comes Clare.
Comes Bolingbrooke.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Dover.
Comes Petriburgh.
Comes Winchilsea.
Comes Chesterfield.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Burlington.
Vicecomes Say & Seale.
Vicecomes Hallyfax.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Awdley.
Ds. Delawarr.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby.
Ds. Chandos.
Ds. Petre.
Ds. Grey.
Ds. Lovelace.
Ds. Howard.
Ds. Powis.
Ds. Newport.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Carrington.
Ds. Ward.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brand.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Townsend.
Ds. Ashley.
Ds. Crewe.
Ds. Freschevile.
Ds. Arundell de Trerice.
Ds. Butler.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker this Day, in the Absence of the Lord Keeper.

Jurors Bill.

Hodie 2a vice lecta est Billa, "An Act to revive a former Act for returning of able Jurors."

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

Dux Richmond.
L. Great Chamberlain.
L. Chamberlain.
Comes Bridgwater.
Comes Bolingbrooke.
Comes Dover.
Comes Winchilsea.
Comes Scarsdale.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Burlington.
Vicecomes Hallyfax.
Epus. Winton.
Epus. Ely.
Epus. Sarum.
Epus. Rochester.
Epus. Exon.
Epus. St. Asaph.
Ds. Eure.
Ds. Willoughby.
Ds. Howard.
Ds. Byron.
Ds. Vaughan.
Ds. Bellasis.
Ds. Holles.
Ds. Cornwallis.
Ds. Townsend.
Judge Morton, To assist their Lordships.
Baron Turner,

Their Lordships, or any Five; to meet this Afternoon, at Five of the Clock, in the Prince's Lodgings.

Message from H. C. with a Bill; to return Two Bills; and for a Conference on the Highways Bill.

A Message was brought from the House of Commons, by Sir Thomas Meares and others:

1. To return a Bill for John Mannors, called Lord Roos, to marry again; to which the House of Commons do concur.

2. To return the Bill concerning Robert Hotchkins; to which the Commons do concur.

3. To present a Bill, intituled, "An Act for naturalizing of Horatio Woodhouse and others;" to which their Lordships Concurrence is desired.

4. To desire a Conference, concerning the Amendments in the Bill for repairing of Highways.

The Answer returned was:

Answer.

That this House is now engaged in a present Debate; but will send an Answer by Messengers of their own.

Lady Bellasis' Bill.

The Amendments in the Bill concerning the Lady Suzan Bellasis were read Twice, and Agreed to.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Steward, &c. who brought up a Bill, intituled, "An Act for Discovery of such as have defrauded the Poor of the City of London of the Monies given for their Relief at the Times of the late Plague and Fire, and for Recovery of the Arrears thereof."

Highways Bill.

ORDERED, That this House do give the House of Commons a Conference this Afternoon, about the Amendments in the Bill concerning Highways.

The Earl of Dorset, the Lord Ward, and the Lord Gerard, are added to the Committee for Mr. Bellamye's Bill.

Report of the Conference on the Bill against Conventicles.

The Earl of Anglesey, assisted with the other Lords as were appointed to report the Effect of the Conference with the House of Commons concerning the Amendments made by their Lordships in the Bill against seditious Conventicles, reported as follows:

He said, "Mr. Solicitor managed the Conference, which was desired concerning the Amendments in the Bill against Conventicles.

"In the 1 Skin, Line 26, being the changing of the 3d of April to the 24th of June, the Commons do not agree.

"In the same Skin, Line 36, the changing of the Number of Persons from Five unto Ten, the Commons do not agree.

"In the 3 Skin, Line 27, concerning the disposing of the Penalties, the Commons do agree, inserting after the Word ["being"] the Clause following: ["The Justice or Justices of Peace shall pay the same into the Court of the respective Quarter Sessions, which said Court shall deliver the same to the Sheriff, and make a Memorial upon Record of the Payment and Delivery thereof; which said Memorial shall be a sufficient and final Discharge to the said Justice and Justices, and a Charge to the Sheriff; which said Discharge and Charge shall be certified into the Exchequer together, and not one without the other; and no Justice shall or may be questioned or accomptable for the same in the Exchequer, or elsewhere than in Quarter Sessions."]

"In the 4th Skin, Line 38, the Commons agreed to the Proviso concerning the Penalties, with the Addition and Alterations following:

"Line the 8th of that Proviso, after the Word ["of"] leave out ["Ten"], and insert ["Forty"].

"Line 24th, after the Word ["and"], insert the Words ["in case such Appellant shall not prosecute with Effect, or"].

"Line 27th, leave out the Word ["Damages"], and insert the Word ["Costs"].

"At the End of it, add the Clauses following:

"Provided always, and be it further Enacted, That, upon the Delivery of such Appeal as aforesaid, the Person and Persons Appellant shall enter, before the Person or Persons convicting, into a Recognizance, to prosecute the said Appeal with Effect; which said Recognizance the Person or Persons convicting is hereby empowered to take, and required to certify the same to the next Quarter Sessions; and in case no such Recognizance be entered into, the said Appeal to be null and void.

"Provided always, That every such Appeal shall be left with the Person or Persons so convicting as aforesaid, at the Time of the making thereof.

"In the 6th Skin, Line 1st, to the Amendment concerning the searching of Peers Houses, that the same shall not be done but by Order from His Majesty's Privy Council, or by Warrant of the Lieutenant, or some other Peer, being a Justice of the Peace, the Commons do not agree.

"In the Proviso at the End of the Bill concerning the Peers, and the King's Supremacy in Ecclesiastical Affairs, the Commons agree, with these Alterations; videlicet, to leave out the First Proviso ending with the ["notwithstanding"] in the 4th Line.

"And to the rest of the Proviso they agree as follows:

"Provided also, That neither this Act, nor any Thing therein contained, shall extend to invalidate or avoid His Majesty's Supremacy in Ecclesiastical Affairs; but that His Majesty, His Heirs, and Successors, may from Time to Time, and at all Times hereafter, exercise and enjoy all Powers and Authorities in Ecclesiastical Affairs as fully and amply as Himself, or any of His Predecessors, have or might have done the same, any Thing in this Act notwithstanding.

"In the 6 Skin, Line 39, the Commons agree to the Amendment made by the Lords, in case the Lords do agree to the Amendments made by the Commons concerning Appeals."

Bill against Conventicles.

The Lords, taking the aforesaid Amendments into Consideration, agreed to change the 24th of June next to the 10th of May next.

The Question being put, "Whether to have the Number not exceeding Nine in the Country?"

It was Resolved in the Negative.

The Lords agreed with the House of Commons to change the Number of Ten to Five, as it is in the Bill.

In the Clause about disposing of the Penalties, the Lords agree with the House of Commons.

In the Proviso concerning Appeals, the Lords agree not to the Change of Ten Shillings into Forty Shillings; but do agree to the other Amendments and Additions made therein.

As to the Clause concerning the searching of the Houses of Peers, the Lords do not agree; nor to the leaving out of the Proviso concerning the Attaching of Peers.

To the Amendments made by the Commons to the Proviso concerning His Majesty's Supremacy in Ecclesiastical Affairs, the Lords do agree.

Further Conference about it.

ORDERED, That this House will have a Free Conference with the House of Commons, concerning this Business, on Monday Morning next; and then also to take into Consideration the Business concerning Brandy.

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 Sabbati, 2 die Aprilis, Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. London.
Epus. Sarum.
Epus. Bangor.
Epus. Landaffe.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Edwardus Comes Manchester, Camerarius Hospitii Domini Regis.
Comes Dorsett.
Comes Bridgwater.
Comes Bolingbrooke.
Comes Rivers.
Comes Dover.
Comes Winchilsea.
Comes Essex.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Burlington.
Vicecomes Say & Seale.
Vicecomes Hallyfax.
Ds. A'lington, One of the Principal Secretaries of State.
Ds. Awdley.
Ds. Delawar.
Ds. Berkeley de Berkley.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby.
Ds. Chandos.
Ds. Petre.
Ds. Howard.
Ds. Newport.
Ds. Byron.
Ds. Vaughan.
Ds. Lucas.
Ds. Gerard.
Ds. Berkley de Strat.
Ds. Cornwallis.
Ds. Delamer.
Ds. Townsend.
Ds. Ashley.
Ds. Crewe.
Ds. Freschevile.
Ds. Arundell de Treric.

PRAYERS.

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

Message to H. C. for a Conference on the Highways Bill.

A Message was sent to the House of Commons, by Sir John Coell and Mr. Halsey:

To let them know, that the Lords are ready to give them a Conference, in the Painted Chamber, presently, concerning the Amendments in the Bill concerning Highways.

Yarmouth Harbour Bill.

The Lord Willoughby reported, "That the Committee have considered the Bill for repairing the Harbour and Piers of Great Yarmouth; and have made some Amendments."

Which Amendments, being Twice read, were Agreed to.

Hodie 3a vice lecta est Billa, "An Act for repairing the Harbour and Piers of Great Yarmouth."

The Question being put, "Whether this Bill, with the Amendments now read, shall pass?"

It was Resolved in the Affirmative.

Highways Bill.

These Lords following were appointed to report the intended Conference with the House of Commons: Duke of Richmond, Earl of Bridgwater, Earl Winchilsea, Earl Carlile, Bishop of Sarum, Lord Berkley, and Lord Ashley.

Davison's Bill.

Hodie 2a vice lecta est Billa, "An Act to enable Thomas Davison to sell Lands, to pay Debts, and provide for Younger Children."

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

Comes Dorsett.
Comes Bridgwater.
Comes Bolingbrooke.
Comes Rivers.
Comes Dover.
Comes Winchilsea.
Comes Anglesey.
Epus. London.
Epus. Sarum.
Epus. Bangor.
Ds. Delawarr.
Ds. Eure.
Ds. Newport.
Ds. Vaughan.
Ds. Gerrard.
Ds. Cornwallis.
Ds. Townsend.
Ds. Ashley.

Their Lordships, or any Three; to meet on Monday Morning, at Eight of the Clock, in the Prince's Lodgings.

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

Report of the Conference on the Highways Bill.

The Duke of Richmond reported the Effect of the Conference with the House of Commons: "That the Commons do agree to all the Alterations made by their Lordships in the Bill for repairing the Highways, excepting to that for reducing the Number of Five Horses to Three; to which the Commons do not agree."

Upon Consideration hereof, the Lords do not agree with the House of Commons; and Resolved, To have a Free Conference with the House of Commons, to signify so much unto them.

Message to H. C. for a further Conference about it;-and with Yarmouth Harbour Bill.

A Message was sent to the House of Commons, by Sir John Coell and Mr. Halscy:

To desire a present Conference, in the Painted Chamber, concerning the Matter of the last Conference touching the Amendments in the Bill for repairing the Highways.

2. To return the Bill for repairing the Harbour and Piers of Great Yarmouth, to which the Lords have made some Amendments, and desire the Concurrence of the House of Commons.

The Duke of Richmond, Earl of Bridgwater, Earl Winchilsea, Earl Carlile, Bishop of Sarum, Lord Berkley, and Lord Ashley, are appointed to manage this Conference, and give such Reasons for their Lordships disagreeing as were mentioned in the Debate.

Bill for Sale of Fee-farm Rents.

The Lord Ashley reported the Bill for advancing the Sale of Fee-farm Rents, with Amendments; which Amendments, being read Twice, were Agreed to; and the Bill ordered to be engrossed, with the Amendments.

The Messengers return with this Answer:

Answer from H. C.

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

The House of Commons being come into the Painted Chamber, the House was adjourned during Pleasure, and the Lords went to the Free Conference; which being ended, the House was resumed.

Woodhouse & al. Nat. Bill.

Hodie 1a vice lecta est Billa, "An Act to naturalize Horatio Woodhouse and others."

Imposition on Brandy Bill.

ORDERED, That upon Monday Morning next this House will take into Consideration the Business concerning Brandy; at which Time the Lord Chief Baron (fn. *) have Notice to be present.

Bill against burning Houses, &c.

ORDERED, That the Bill against burning of Houses, &c. shall be reported on Monday Morning next.

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, quartum diem instantis Aprilis, hora nona Aurora, Dominis sic decernentibus.

Footnotes

* Sic.