House of Lords Journal Volume 12
24 March 1673

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1767-1830

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'House of Lords Journal Volume 12: 24 March 1673', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 565-568. URL: http://www.british-history.ac.uk/report.aspx?compid=12837 Date accessed: 31 July 2014.


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DIE Lunæ, 24 die Martii.

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. Worcester.
Epus. Rochester.
Epus. Landaff.
Epus. Exon.
Epus. Chichester.
Epus. St. Asaph.
Epus. Oxon.
Epus. Bristoll.
Epus. Gloucester.
Epus. Bath & Wells.
Epus. Chester.
Dux Cumberland.
Ds. Cancellarius Angliæ.
Ds. Thesaurarius Angliæ.
Dux Bucks.
Dux Monmouth.
Marq. Dorchester.
Henricus Comes Norwichiæ, et Comes Marescallus Angliæ.
Jacobus Comes de Brecknock, Senescallus Hospitii Domini Regis.
Henricus Comes St. Albani, Camerarius Hospitii Domini Regis.
Comes Bedford.
Comes Suff.
Comes Dorsett.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Devon.
Comes Denbigh.
Comes Bristoll.
Comes Midd.
Comes Clare.
Comes Bollingbrooke.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Dover.
Comes Winchilsea.
Comes Chesterfield.
Comes Scarsdale.
Comes Rochester.
Comes Sandwich.
Comes Cardigan.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylsebury.
Comes Burlington.
Comes Arlington.
Vicecomes Say & Seale.
Vicecomes de Stafford.
Vicecomes Fauconberg.
Vicecomes Mordant.
Vicecomes Hallyfax.
Ds. Awdley.
Ds. Delawar.
Ds. Morley.
Ds. Fitzwalter.
Ds. Stourton.
Ds. Sandys.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North.
Ds. Arundell de Ward.
Ds. Grey.
Ds. Lovelace.
Ds. Maynard.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Powis.
Ds. Newport.
Ds. Byron.
Ds. Vaughan.
Ds. Carrington.
Ds. Widdrington.
Ds. Ward.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brand.
Ds. Wootton.
Ds. Berkeley de Strat.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Arundell.
Ds. Butler.

PRAYERS.

Sir J. Hanham's Bill.

ORDERED, That the Committee for the Bill concerning Sir John Hanham shall meet this Afternoon, at Three of the Clock.

Protestant Dissenters Bill

The House was adjourned into a Committee, to consider of the Bill for Ease of His Majesty's Protestant Subjects, Dissenters.

The House was resumed.

The Earl of Bridgwater reported, "That the Committee of the whole House have read some Part of the Bill concerning Dissenters; and have appointed the Judges to consider of the amending of a Clause therein, and to report the same to the Committee; and it is desired that the House may sit in a Committee again this Morning."

Message from H. C. to remind the Lords of it.

A Message was brought from the House of Commons, by Sir Thomas Leigh, &c.:

To acquaint their Lordships, that the House of Commons have received a Message this Morning from His Majesty, "That He intends an Adjournment of the Parliament before Easter, until October: The Commons desire their Lordships to give Expedition to a Bill depending in this House, concerning Ease of tender Consciences."

Then the Earl of Arlington acquainted this House with a Message from His Majesty; which was read, as followeth:

Message from the King, about an Adjournment.

"Charles R.

"I am commanded by His Majesty, in Pursuance of His late Message, to acquaint you, That His Majesty intendeth you shall rise before Easter, and therefore expects an Expedition of such Bills as are of most Importance; and for such other Bills as concern the Public or Particular, and cannot be so soon ready, that they may not receive a Disappointment, His Majesty resolveth to make this an Adjournment till the Beginning of October, when you may continue their Prosecution: And, in the mean Time, His Majesty will take such Care of the Protestant Religion, as you shall have no Occasion to complain.

"At the Court at Whitehall, the 24th of March, 167&frac2/3;."

Messages from H. C. with Bills

A Message was brought from the House of Commons, by Sir George Downing and others,

Who brought up an Act, intituled, "An Act for continuing a former Act concerning Comage;" and desire their Lordships Concurrence therein.

A Message was brought from the House of Commons, by the Lord Ogle, &c.:

Who brought up a Bill, intituled, "An Act to enable the County Palatine of Durham to send Knights and Burgesses to serve in Parliament;" to which they desire their Lordships Concurrence.

Bill to continue the Act concerning Comage

Hodie 1a vice lecta est Billa, "An Act for continuing a former Act concerning Comage."

Message to H C to sit P. M.

A Message was sent to the House of Commons, by Sir Mundiford Brampston and Sir William Beversham

To let them know, that this House intends to sit this Afternoon, for Dispatch of Public Business; and to desire they will sit likewise.

Durham to send Members Bill.

Hodie 1a vice lecta est Billa, "An Act to enable the County Palatine of Durham to send Knights and Burgesses to serve in Parliament."

Protestant Dissenters Bill.

The House was again adjourned into a Committee to debate the Bill concerning Dissenters.

The House being resumed;

The Earl of Bridgwater reported, "That the Committee have proceeded further in the Consideration of the Bill for Ease of Dissenters; but finding it now late, and the Intent of the House to sit this Afternoon again, the Desire of the Committee is, That the House would appoint the Committee of the whole House may sit again this Afternoon in a Committee, to proceed further in the said Bill."

Which was ordered accordingly.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quarta, Dominis sic decernentibus.

Hitherto examined by us,

Kent. Dorsett.
Anglesey.
Edw. Carliol.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

His Royal Highness the Duke of Yorke.
Arch. Cant.
Arch. Eborac.
Epus. Ely.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Worcester.
Epus. Rochester.
Epus. Landaff.
Epus. Chichester.
Epus. St. Asaph.
Epus. Bath & Wells.
Dux Cumberland.
Ds. Cancellarius Angliæ.
Ds. Thesaurarius Angl.
Dux Bucks.
Dux Monmouth.
Marq. Worcester.
Marq. Dorchester.
Robertus Comes de Lyndsey, Magnus Camerarius Angl.
Henricus Comes Norwichiæ, et Comes Marescallus Angliæ.
Jacobus Comes de Brecknock, Senescallus Hospitii Domini Regis.
Comes Oxon.
Comes Bedford.
Comes Suff.
Comes Dorsett.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Devon.
Comes Denbigh.
Comes Bristoll.
Comes Clare.
Comes Bollingbrooke.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Dover.
Comes Chesterfield.
Comes Scarsdale.
Comes Rochester.
Comes Sandwich.
Comes Cardigan.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylisbury.
Comes Burlington.
Comes Arlington.
Vicecomes Say & Seale.
Vicecomes de Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Ds. Awdley.
Ds. Delawar.
Ds. Stourton.
Ds. Sandys.
Ds. Wharton.
Ds. North.
Ds. Petre.
Ds. Arundell de Ward.
Ds. Grey.
Ds. Lovelace.
Ds. Maynard.
Ds. Howard Esc.
Ds. Mohun.
Ds. Powis.
Ds. Newport.
Ds. Byron.
Ds. Vaughan.
Ds. Carington.
Ds. Widdrington.
Ds. Ward.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brand.
Ds. Wootton.
Ds. Berkeley de Strat.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Arundell de Trer.
Ds. Butler.

PRAYERS.

Bill to continue the Act concerning Comage.

Hodie 2a vice lecta est Billa, "An Act continuing a former Act concerning Comage."

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

L. Steward.
Comes Bedford.
Comes Bridgwater.
Comes Devon.
Comes Bolingbrooke.
Comes Berks.
Comes Chesterfield.
Comes Anglesey.
Comes Carlile.
Comes Craven.
Comes Aylsebury.
Vicecomes Fauconberg.
Epus. London.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Oxon.
Epus. Bath & Wells.
Epus. Chester.
Ds. Awdley.
Ds. North.
Ds. Newport.
Ds. Byron.
Ds. Widdrington.
Ds. Bellasis.
Ds. Berkley Strat.
Ds. Cornwallis.
Ds. Delamer.

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

Durham to send Members Bill.

Hodie 2a vice lecta est Billa, "An Act for choosing Knights and Burgesses for the County Palatine of Durham."

ORDERED, That the Consideration of this Bill is committed to the same Committee as the Bill for Coinage is.

Message from H. C. for a Conference on the Popish Recusants Bill.

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

To desire a Conference, concerning the Bill for preventing Dangers which may happen by Popish Recusants.

The Answer returned was:

Answer.

That the Lords agree to a Conference; and appoints the same to be presently, in the Painted Chamber.

The House appointed the Lord Steward, Earl of Bridgwater, Earl of Bollingbrooke, Earl of Anglesey, Earl of Carlile, and the Lord Viscount Hallyfax, the Bishop of Sarum, Bishop of Rochester, the Lord Newport, Lord Widdrington, and the Lord Holles, to be Reporters of this Conference.

Message from H. C. with Bills.

A Message was brought from the House of Commons, by Sir Jonathan Trelawny; who brought up Two Bills; to which their Lordships Concurrence is desired:

1. "An Act for enabling His Majesty to make Leases of His Lands belonging to the Dutchy of Cornwall."

2. "An Act for reviving the Judicature for determining of Differences touching Houses burnt down and demolished by reason of the late Fire which happened in London, and for rebuilding of the Navy-office."

Elwaies' Bill.

The Earl of Aylsebury reported, "That the Committee have considered the Bill concerning Henry Elwaies; and, having received the Consent of all Parties therein concerned, do think it fit to pass, with some Amendments."

Which were read Twice, and Agreed to; the Bill is ordered to be engrossed, with the said Amendments.

Dutchy of Cornwall Bill.

Hodie 1a vice lecta est Billa, "An Act for enabling His Majesty to make Leases of his Lands belonging to the Dutchy of Cornwall."

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

Report of the Conference concerning the Bill against Popish Recusants.

The Earl of Anglesey reported the Effect of the Conference with the House of Commons:

"That Mr. Attorney, at this Conference, acquainted the Lords wherein they agree with their Lordships in the Amendments and Provisos in the Bill against Popish Recusants, and wherein they do not.

"In the First Skin, 8 Line, they do not agree to insert the Word ["Public"], because it may hinder the Bill; and is a Word subject to Dispute."

Agreed to.

"To the Word ["Jersey"], instead of ["Gerzey"] they do agree.

"That the Commons disagree in leaving out the Servants of the Queen Consort, and his Royal Highness the Duke of Yorke, because Offices in their Service are eminent, and will occasion Resort to the Court."

The Lords insist upon what concerns the Queen, and (fn. *) agree to the rest.

"The Commons agree to the Amendment of altering the Word ["Term"], and adding the Words ["or of Trynity Terme next following"].

"To the Amendment of altering the Word ["Obedience"] into ["Allegiance"] they agree; with this Addition ["which Oath of Allegiance is contained in the Statute made in the Third Year of King James"]."

Agreed with the House of Commons.

"To the Amendment adding these Words ["Lord's Day, commonly called], the Commons agree."

"To the Word ["Public"] the Commons do not agree for the Reason first given."

Agreed to.

"To the Amendment in the 2d Skin 24 Line for adding the Words ["or (fn. †) Queens Consort, or Royal Highnesses"] they do not agree, for the Reasons first given."

The Lords insist to what concerns the Queen, and agree to the rest.

"To the Word ["Profit"] they agree.

"To the Amendment ["Grant to such Person of"] the Commons disagree, because some Offices pass by Admission, and they would not have Papists admitted to any."

Agreed with the House of Commons.

"To the Amendment concerning the ["Non vult ulterius prosequi"] the Commons disagree; because if it may entered, it will hinder Conviction, and take away the Effect of the Bill."

Resolved, upon the Question, That this House insists upon this Amendment.

"To the Amendment ["for One Moiety of the Five Hundred to come to the King, and the other Moiety to the Informer"] the Commons cannot agree, because of the Trouble and Charge in the Prosecution."

Agreed with the House of Commons.

"To the Proviso (A.) the Commons agree to it with the Amendments added by them."

Agreed to the Amendments made by the House of Commons.

To the Proviso (B.) the Commons agree with a small Amendment."

Agreed with the House of Commons.

"To the Proviso (C.) the Commons disagree."

Agreed with the House of Commons.

"To the Proviso (D.) the Commons agree.

"To the Proviso (E.) the Commons agree, with some Amendments."

Agreed with the Amendments of the House of Commons.

Heads for another Conference on this Bill.

The House agreed with the House of Commons in all the Particulars of this Conference, excepting to what concerns the Queen Consort; and the Matter of the entering of the Nolo ulterius prosequi, upon which this House will have a Conference with the House of Commons, and give them Reasons for their Lordships insisting.

And it is referred to the Lord Chancellor, Earl of Anglesey, and the Lord Holles, calling to their Assistance the Lord Chief Justice of the Court of Common Pleas to prepare Reasons for these Two Particulars, and to report the same to this House To-morrow Morning.

Prisoners for Debt Pet.

Upon Report made by the Earl of Dorsett from the Lords Committees appointed to receive and consider of Petition, "That their Lordships having considered the Petition of Job Palmer, William Powell, and divers other Prisoners, referred to them by this House, do find some Defects in the late Act for Relief of poor Prisoners, whereby they are deprived of the Benefit intended them, which may be fit for the Consideration of this House:"

It is thereupon ORDERED, That this House will take the said Report into their Consideration on the First Monday of the Meeting of the Parliament next after the Recess now at Hand.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, 25um diem instantis Martii, hora nona Aurora, Dominis sic decernentibus.

Footnotes

* Origin. agrees.
Sic.