House of Lords Journal Volume 12
28 January 1671

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1767-1830

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'House of Lords Journal Volume 12: 28 January 1671', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 415-416. URL: http://www.british-history.ac.uk/report.aspx?compid=12737 Date accessed: 26 November 2014.


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DIE Sabbati, 28 die Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

His Royal Highness the Duke of Yorke.
Arch. Cant.
Arch. Eborac.
Epus. London.
Epus. Ely.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Oxon.
Epus. Rochester.
Epus. Chester.
Epus. Asaph.
Dux Cumberland.
Marq. Worcester.
Marq. Dorchester.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Comes Kent.
Comes Suffolk.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Clare.
Comes Bolingbrooke.
Comes Berks.
Comes Rivers.
Comes Dover.
Comes Petriburgh.
Comes Winchilsea.
Comes Norwich.
Comes Scarsdale.
Comes St. Albans.
Comes Sandwich.
Comes Cardigan.
Comes Craven.
Comes Aylisbury.
Comes Burlington.
Vicecomes Mountagu.
Vicecomes Conway.
Vicecomes de Stafford.
Vicecomes Hallyfax.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby.
Ds. Grey.
Ds. Lovelace.
Ds. Maynard.
Ds. Mohun.
Ds. Powis.
Ds. Newport.
Ds. Hatton.
Ds. Widdrington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Gerrard.
Ds. Langdale.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Ashley.
Ds. Butler.

PRAYERS.

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

Burwell versus Ellis.

ORDERED, That the Answer of Serjeant Ellis, to the Petition of Rebecca Burwell Widow, shall be read on Tuesday Morning next.

E. of Shrewsbury's Bill.

ORDERED, That the Committee for the Earl of Shrewseburie's Bill shall sit this Afternoon, at Three of the Clock.

Bill against maiming and wounding.

Next, the House took into Consideration the Remainder of the Report of the Conference with the House of Commons, concerning the Bill to prevent malicious maiming and wounding.

And the Third Amendment made by the Lords, to which the Commons do not agree, was read, videlicet, instead of ["said Sixteenth Day of February"] read ["Five and Twenty Days aforesaid"]; to which Amendment the Lords adhered.

The Sixth Amendment was also read as it was altered by the House of Commons, for leaving out "the 24th Day of June, 1671," and omitting the ["said 16th Day of February, 1670"].

The Question being put, "Whether to agree to this Amendment offered by the House of Commons?"

It was Resolved in the Negative.

Another Clause in the said Amendment was read, and debated. And,

The Question being put, "Whether to agree with the House of Commons in leaving out these Words ["and not by Chance Medley, Affray, or Misfortune"]?"

It was Resolved in the Affirmative.

The Lords further agreed to leave out these Words ["or Joint"].

Then the Words ["with Intention in so doing to maim or disfigure in that special Manner such His Majesty's Subject"] in the same Amendment were read. And,

The Question being put, "Whether to agree with the House of Commons for leaving out these Words?"

It was Resolved in the Negative.

Next, the Seventh Amendment made by the Lords, to which the House of Commons do not agree, was read, for adding after the Word ["Abettors"] these Words ["knowing and privy to the Offence as aforesaid"]. And,

The Question being put, "Whether to agree with the House of Commons to leave out these Words?"

It was Resolved in the Negative.

The last Amendment made by the Lords was read, for leaving out all the Words in the Bill after the Word ["That"] in the Third Skin in the 6th Line, to the Word ["Provided"] in the 27th Line, and instead thereof read ["One Article concerning cutting out the Tongues, or putting out the Eyes, of any His Majesty's Subjects, purposely and of Malice prepensed, in the Statute made in the Fifth Year of King Henry the Fourth, shall, from and after the Four and Twentieth Day of June aforesaid, stand and be, and is hereby, repealed"]. To which the House of Commons do not agree.

The Question being put, "Whether to agree with the House of Commons in leaving out the Clause for repealing the Article of 5to H. IVth?"

It was Resolved in the Affirmative.

As concerning the First Clause in this Amendment, touching the Members of both Houses of Parliament, this House will take the same into Debate on Tuesday Morning next.

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Martis, 31um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.