Journal of the House of Lords: Volume 12, 1666-1675. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 12: 25 March 1673', in Journal of the House of Lords: Volume 12, 1666-1675, (London, 1767-1830) pp. 568-571. British History Online https://www.british-history.ac.uk/lords-jrnl/vol12/pp568-571 [accessed 19 April 2024]
In this section
DIE Martis, 25 die Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
REX.
PRAYERS.
Bill against Popish Recusants.
The Lord Chancellor reported, "That, in Obedience to their Lordships Commands Yesterday, himself and the other Lords have prepared some Reasons to be offered to the House of Commons at a Conference upon the Two Heads concerning the Queen Consort, and the entering of the Non Prof."
Which the House caused to be read, as followeth:
Heads for a Conference on it.
"Reasons why the House of Peers insist on their Amendments for leaving out the Queen's Household Servants in the Bill against Popish Recusants.
"1. Because, by inserting them in this Bill, both Houses would vary from their late Address against Popery, made and presented to His Majesty the 7th Day of this Month, wherein there is an Exception of such as are obliged to attend upon His Majesty's Royal Consort the Queen.
"2. It would tend to infringe by Act of Parliament the Articles made upon the Treaty of Marriage with the Crown of Portugall.
"3. Her Majesty's voluntary retrenching Herself of the Liberty given Her by the Articles of Marriage, and taking Three Parts of Four of Her Servants from among His Majesty's natural born Protestant Subjects, and preferring many of them to the most eminent Places about Her, when She might have taken Papists and Strangers only, is of some Regard with their Lordships.
"The Reasons against the Non Pros. are these.
"1. It is in the King's Attorney's Power not to inform if he will; and by the same Reason not to prosecute his Information, if he find Cause for it.
"2. His Witnesses may fail him by many Accidents; or the Information first given him, he may after find to be false, and thereupon may justly withdraw his Prosecution, as well as any common Person his Action.
"3. If he enter a Nolo Prosequi, that hinders not the indicting of the Party Defendant to the Information.
4. If he should be bound to prosecute his Information always, when either he finds his Proof defective, or that he had not right Suggestion (for other Causes) to ground his Information upon, the Defendant would certainly be acquitted; and then might plead that Acquittal in Bar of a Proceeding upon Indictment against him.
"So as restraining the Attorney General from not deserting or discontinuing his Information is altogether for the Advantage of the Offender, which is against the Scope of the Bill.
"1. But, upon Indictments, the Attorney useth not to, nor can, enter any Noli Prosequi; and should he, the Judges would proceed notwithstanding, being warranted so to do by the Indictment and Witnesses ready, and for common Justice Sake.
"2. A Nolo Prosequi upon Indictments would suppress the Knowledge whether the Party indicted were an Offender or not; which were inconvenient for the King and the People.
"3. If the Party indicted were innocent, such an Entry, if admitted, would keep him from being possibly acquitted by his Trial, and so leave him always under the Scandal of the Indictment; which were inconvenient for the Party.
"But by this Clause, as in the Bill sent up, it is admitted that the Attorney may equally enter a Nolo prosequi upon an Indictment as upon an Information in all Cases but this wherein he is restrained; which is supposed not to be the Intent of the Commons."
The House approved of these Reasons; and agreed they should be delivered to the House of Commons at this intended Conference.
Message to H. C. for this Conference.
A Message was sent to the House of Commons, by Sir John Coell and Sir William Beversham:
To desire a present Conference, in the Painted Chamber, concerning the Subject-matter of the last Conference.
Fire of London Judicature Bill.
Hodie 1a vice lecta est Billa, "An Act for reviving the Judicature for Determination of Differences touching Houses burnt down and demolished by reason of the late Fire which happened in London, and for re-building of the Navy-office:"
Sir Jo. Hanham's Bill.
The Earl of Dover reported, "That the Committee have considered the Bill concerning Sir John Hanham; and have received the Consents of all Parties concerned, and think it fit to pass, with some Amendments."
Which, being read Twice, were Agreed to; and the Bill ordered to be engrossed, with these Amendments.
Wiseman's Bill.
The Earl of Aylsebury reported, "That the Committee have taken into Consideration the Bill concerning Sir William Wiseman, and do think it fit to pass, without any Alteration."
Hereupon the House ordered, the Bill be engrossed.
Answer from H. C.
The Messengers sent to the House of Commons, return with this Answer:
That the Commons will give a Conference, as is desired.
The same Lords as managed the former Conference, are appointed to manage this Conference.
Conference on the Bill against Popish Recusants.
The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.
The Lord Chancellor reported, "That the Lords that managed this Conference have delivered the Reasons to the House of Commons, as they were directed."
Message to H. C. to sit P. M.
A Message was sent to the House of Commons, by Sir John Coell and Sir William Beversham:
To let them know, that this House intends to sit this Afternoon, and to desire that they would sit likewise.
Rivers Parrot and Thone navigable Bill.
Hodie 3a vice lecta est Billa, "An Act for making the Rivers Parrott and Thone navigable Rivers, from the Port of Bridgwater to Taunton, and thence to Bradford Bridge."
The Question being put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Bill to continue the Act concerning Coinage.
The Earl of Carlile reported, "That the Committee have taken the Bill concerning Coinage into Consideration, and think it fit to pass as it is."
Then,
Hodie 3a vice lecta est Billa, "An Act for continuing a former Act concerning Coinage."
The Question being put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Durham to send Members Bill.
The Earl of Carlile reported the Bill for choosing of Knights and Burgesses for the Palatine of Durham:
"The Committee did send to the Dean of Durham, now in Town, to acquaint him that there was such a Bill depending before their Lordships, and if it was of any Concern to him and the Prebends they might be heard; and he sent Word, he had nothing to object against the said Bill: Whereupon the Committee are of Opinion, That the said Bill do pass as it is."
Then
Hodie 3a vice lecta est Billa, "An Act for choosing of Knights and Burgesses for the Palatine of Durham."
The Question being put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Elwaies' Bill.
Hodie 3a vice lecta est Billa, "An Act for enabling Henry Elwaies Esquire to make Sale of certain Lands in the County of Yorke, formerly settled on him for Life only, with Remainders to his Children."
The Question being put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Bills.
A Message was sent to the House of Commons, by Baron Littleton and Judge Windham, which consisted of these Particulars:
1. To deliver Two Bills, to which their Lordships desire Concurrence; (videlicet,)
The Bill for making the Rivers of Parrott and Thone navigable.
The Bill concerning Henry Elwaies.
2. To let the Commons know, that this House have passed the Bill concerning Coinage, and the Bill for choosing Knights and Burgesses for the Palatine of Durham.
Adjourn.
The Messengers return with this Answer:
Answer.
That they have delivered their Message to the House of Commons.
Bill against Popish Recusants.
A Message was brought from the House of Commons, by the Lord Cornbury:
To let their Lordships know, that the Commons have agreed to the Two Particulars which was the Matter of the last Conference upon the Bill against Popish Recusants.
L. Wharton versus Negus, Privilege.
Upon Complaint made to this House, "That Symon Negus, of Wing, in the County of Buckingham, Yeoman, hath distrained the Goods of the Lord Wharton, a Peer of this Realm, within the Time of Privilege of Parliament, contrary to the Privilege of Parliament:"
It is thereupon ORDERED, That the said Symon Negus be, and is hereby, required to appear at the Bar of this House, to answer to the said Complaint, on the Second Tuesday of the next Sitting of the Parliament after the Recess now at Hand.
Address to the King, to encourage English Manufactures.
ORDERED, That it is referred to the Committee which is appointed to consider of a Bill concerning English Manufactures, to prepare an Address to be presented to His Majesty, from both Houses of Parliament, for the Encouragement of wearing English Manufactures, and to report the same to this House. The Committee is to meet To-morrow Morning.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora tertia, Dominis sic decernentibus.
Post meridiem.
Domini tam Spirituales quam Temporales præsentes fuerunt:
REX.
Fire of London Judicature Bill.
Hodie 2a vice lecta est Billa, "An Act for reviving the Judicature for Determination of Differences touching Houses burnt down and demolished by reason of the late Fire which happened in London, and for re-building of the Navy-office."
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 Prince's Lodgings.
Sir Jo. Hanham's Bill.
Hodie 3a vice lecta est Billa, "An Act to enable the Trustees of Sir Will. Hanham Baronet to sell Land, to pay his Debts, according to his own Direction in his Life-time, and for Management of the Estate of Sir John Hanham an Infant, during his Minority."
The Question being put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Wiseman's Bill.
Hodie 3a vice lecta est Billa, "An Act for explaining and declaring the Extent of an Exception in the Deeds therein mentioned."
The Question being put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it; and Sir Jo. Hanham's.
A Message was sent to the House of Commons, by Sir Mundyford Brampston and Sir William (fn. 1) Bevershall.
To deliver them the Bills concerning Sir John Hanham and Sir Richard Wiseman, and to desire their Concurrence thereunto.
Dutchy of Cornwall Bill.
Hodie 2a vice lecta est Billa, "An Act for enabling His Majesty to make Leases of His Lands belonging to the Dutchy of Cornwall."
ORDERED, That the Consideration of this Bill is committed to the same Committee as the Bill for rebuilding the Navy-office is.
Committees to meet.
The Committee for the Bill for General Naturalization, and the Committee for the Bill concerning Aliens Duty, are appointed to meet To-morrow Morning, at Nine of the Clock.
Protestant Dissenters Bill.
The House was adjourned into a Committee to consider of the Bill for Ease of Dissenters.
The House was resumed.
The Earl of Bridgwater reported, "That the Committee of the whole House have been in Consideration of the Bill concerning Dissenters, and have appointed a Sub-committee to word the Paragraph which they were in Debate (fn. 2), and desire that the Judges may be appointed to assist in that Business; and the Committee desires, that this House will appoint when the Committee of the whole House shall sit again upon Consideration of that Bill."
To which the House agreed; and ORDERED, That the House shall fit as a Committee To-morrow Morning, to consider further of the said Bill.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 26um diem instantis Martii, hora decima (fn. 3) Aurora, Dominis sic decernentibus.