DIE Sabbati, 4 die Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
|His Royal Highness the Duke of Yorke.
|Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Edwardus Comes Manchester, Camerarius Hospitii Domini Regis.
Vicecomes de Stafford.
|Ds. Arlington, One of the Principal Secretaries of State.
Ds. Berkeley de Berkeley.
Ds. Howard de Castle Rysing.
Answer from H. C.
The Messengers sent to the House of Commons
Yesterday return with this Answer:
That they will give a Conference, as is desired.
Heads for the Conference on the Bill against maiming and wounding.
The Lord Chamberlain reported, "That the Committee have prepared some Reasons to be offered to
the House of Commons at a Conference, which they
offer to the Consideration of the House; which were
read, as follows:
"To the Second and Third Amendments, the Lords
say, That a certain Day being given for their Appearance, after the Day of the Royal Assent, is, we
conceive, sufficient Certainty; because, though it be
uncertain what Day the Royal Assent will be given,
yet, when the Royal Assent is once given, it is a sufficient Notification of the Time to the whole Kingdom, being ever given in the Presence of the Two
Houses of Parliament, and all Subjects are to take
Notice of it:
"Certum est quod certum reddi potest.
"As to the referring the Parties sled to the Journal
Books of the House of Peers, we see no Weight of
Reason in excepting to it, because it rather adds to
the Certainty mentioned in the former Reason than
any Ways weakens it, though the Flight of Persons
accused is no Argument why they should be the
better provided for in a Law; that, if this Way seem
unusual, it is likewise to be considered that the Occasion is unusual, and Precedents in Point are not
to be expected for Practices beyond Example.
"The Lords give this Reason why they do not
agree to the Sixteenth of February, which is of Weight
with them against all the Reasons given by the Commons for it; videlicet,
"That, the Day when the Royal Assent will be
given being uncertain, if it should not be given before the Sixteenth of February, the whole Provision
of a Day is rendered insignificant.
"To the Commons Reasons upon the Sixth Amendment, the Lords say, That it seems to them a speedy
Remedy upon a particular Fact, to provide a general
Law to take Place by the 24th of June, in the mean
Time while other Laws are in Force against such
Offences; and the Example of the Punishment inflicted by this Law upon these Offenders is sufficient
to terrify others from committing the like Offences
between this and that Time.
"To the 8th Line in the Sixth Amendment, the
Lords say, That Provision uses not to be made by
Law, but against designed and contrived Offences, not
against accidental Mischiefs; especially when new
Felonies (as in this Case) are made, they ought to
be strictly and warily circumscribed.
"To the 7th Amendment, concerning the Words
["knowing of and privy to the Offence as aforesaid"],
the Lords conceive the Words not superfluous, because
Men may perhaps aid and abet, and not be privy to the
Offence maliciously designed; and therefore esteem it
more safe to continue the Words, the Penalty being
so great, to the End it may reach only the Persons
privy to the Offence.
"To the Eighth Amendment, their Lordships are
against that Clause, for these Reasons:
"1. That the Offence provided against cannot happen
but in Time of Parliament, when the Remedy by
special Acts is always at Hand, as hath appeared in
former Parliaments, to which this Bill will be an
additional Precedent of increasing Severity. This is
in general to the whole Clause. Next, as to what may
particularly concern the Peers:
"1st, They conceive they have no Need of any
further Protection for their Persons, but rest
satisfied with what the Law hath already provided for them.
"2dly, They cannot consent to subject themselves
further than they already are by Law, either to
Imprisonment, or Bonds of the good Behaviour."
The House approved of these Reasons; and directed
the Managers of the Conference to make Use of them
Then the House was adjourned during Pleasure.
The House was resumed.
And the Gentleman Usher acquainting the House,
That the Commons were ready for the Conference in
the Painted Chamber; the House was again adjourned
during Pleasure, and the Lords went to the Conference;
which being ended, the House was resumed.
And the Lord Chamberlain acquainted the House,
"That himself and the rest of the Managers have
given the House of Commons, at the Conference,
those Reasons as this House appointed them."
E. of Shrewsbury's Bill.
vice lecta est Billa, "An Act to enable the
Guardians of Charles Earl of Shrewsbury and John
Talbot Esquire, Infants, to dispose of certain Manors,
Lands, and Tenements, for the Benefit of the said
After the Reading whereof, some Amendments were
made at the Table; and, being read Thrice, were Agreed
The Question being put, "Whether this Bill, with
the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it; and that the Lords agree to L. Stafford's and L. Norris's Bills.
A Message was sent to the House of Commons, by
Sir William Childe and Sir Justinian Lewin:
To deliver to them the Bill concerning the Earl of
Shrewsbury, and to desire their Concurrence thereunto;
also to acquaint them, that this House agrees in the
Amendment made in the Bill concerning the Lord Norreys; and that their Lordships do agree to the Amendment in the Bill touching the Lord Viscount de Stafford
and his Tenants.
Colt versus Colt.
ORDERED, That on Wednesday next this House will
take into Consideration what Judgement to give in the
Cause between Colt and Colt.
Greene versus Cole, in Error.
ORDERED, That on Thursday next this House will
consider what Judgement to give in the Writ of Error
between Greene and Cole.
Bill against the Importation of Brandy.
ORDERED, That the Committee for the Bill against
Importation of Foreign Brandy shall meet on Wednesday
next, at Three of the Clock in the Afternoon.
E. of Peterb. and Dr. Colladon's Petitions.
ORDERED, That the Earl of Petriburgh's Petition shall
be read on Tuesday Morning next, and likewise the Petition of Doctor Colladon.
The Lord Bishop of Rochester and the Lord Powis are
added to the Committee for the Bill concerning Brandy.
Lord Byron versus Sir Wm. Juxon, Privilege.
Whereas Complaint hath been made to this House, by
the Lord Byron, "That Sir William Juxon Baronet nath
not obeyed the Order of this House, dated the Sixth
Day of December last, for restoring to the said Lord
Byron the Tenths, Tithes, and Profits, of the Rectory
or Parsonage of Rochdale, and Chapels of Saddleworth
and Butterworth, in the Counties of Yorke and Lancaster, taken and received by the said Sir William Juxon
or his Agents, since the Time of Privilege of Parliament, contrary to the Privilege of Parliament; "the
said Sir William Juxon this Day acknowledging, at the Bar
of this House, "That some of his Agents have received
some Monies in Lieu or Composition for some of the
said Tenths, Tithes, and Profits, since the Time of
Upon Consideration had thereof, it is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament
assembled, That, upon Demand to be made thereof by
the said Lord Byron or his Agent to be employed in that
Behalf, the said Sir William Juxon shall pay back and
restore unto the said Lord Byron all such Monies or other
Profits as he or his Agents have received of the Parishes
of Rochdale, Saddleworth, and Butterworth aforesaid,
for the Tenths and Tithes thereof, since the Time of
the Privilege of Parliament.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem Lunæ,
sextum diem instantis Februarii, hora decima Aurora,
Dominis sic decernentibus.