House of Lords Journal Volume 11
27 July 1661

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1767-1830

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'House of Lords Journal Volume 11: 27 July 1661', Journal of the House of Lords: volume 11: 1660-1666 (1767-1830), pp. 323-324. URL: http://www.british-history.ac.uk/report.aspx?compid=14159 Date accessed: 24 July 2014.


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DIE Saturni, 27 die Julii.

Domini præsentes fuerunt:

L. Chief Justice of the Common Pleas, Speaker this Day.

His Royal Highness the Duke of Yorke.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Richmondiæ.
Dux Albemarle.
Marq. Winton.
Marq. Worcester.
L. Great Chamberlain.
L. Chamberlain.
Comes Oxon.
Comes Derby.
Comes Bedford.
Comes Pembrooke.
Comes Lyncolne.
Comes Suffolke.
Comes Dorsett.
Comes Bridgwater.
Comes North'on.
Comes Warwicke.
Comes Devon.
Comes Bristoll.
Comes Bolingbrooke.
Comes Westm'land.
Comes Berks.
Comes Cleveland.
Comes Petriburgh.
Comes Carnarvon.
Comes Newport.
Comes Chesterfeild.
Comes Portland.
Comes Strafford.
Comes Cardigan.
Comes Anglesey.
Comes Bathon.
Viscount de Stafford.
Viscount Mordant.
Ds. Abergaveny.
Ds. Awdley.
Ds. Delawar.
Ds. Berkley.
Ds. Windsor.
Ds. Wentworth.
Ds. Pagett.
Ds. Chandois.
Ds. Hunsdon.
Ds. Arundell.
Ds. Howard de Char.
Ds. Craven.
Ds. Lovelace.
Ds. Maynard.
Ds. Powis.
Ds. Seymour.
Ds. Byron.
Ds. Vaughan.
Ds. Carrington.
Ds. Widdrington.
Ds. Ward.
Ds. Lucas.
Ds. Gerard de Brand.
Ds. Lexington.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Cornwallis.
Ds. Ashley.
Ds. Crewe.

PRAYERS, by Dr. Hodges.

Message to H. C. that the Lords agree to the Bill for regulating the Navy, and the Militia Bill.

A Message was sent to the House of Commons, by Doctor Escott and Doctor Wolridge:

To let them know, that this House agrees with them in the Amendments in the Bill concerning Articles and Orders for the governing of His Majesty's Navies and Ships of War; and that this House hath passed the Bill concerning the Militia.

Bill for Pains and Penalties on Persons excepted from Indemnity.

The Lord Ashley reported from the Committee, "That they have taken the Bill concerning Pains, Penalties, and Forfeitures into Consideration, and have made some Alterations, which are offered to the Judgement of this House."

Which Alterations were read Twice, and Agreed to.

Hodie 3a vice lecta est Billa, "An Act declaring the Pains, Penalties, and Forfeitures, imposed upon the Estates and Persons of certain notorious Offenders, excepted out of the free and general Pardon and Oblivion."

The Question being put, "Whether this Bill, with the Alterations now read, shall pass for a Law ?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Doctor Bennett and Doctor Escott:

To deliver to them the Bill concerning Pains and Penalties; which this House hath passed, with Alterations, wherein their Concurrence is desired.

Bill for restoring Ecclesiastical Jurisdiction.

Hodie 3a vice lecta est Billa, "An Act for Explanation of a Clause contained in an Act of Parliament made in the Seventeenth Year of the late King Charles, intituled, "An Act for Repeal of a Branch of a Statute Primo Eliz. concerning Commissioners for Causes Ecclesiastical."

And the Question being put, "Whether this Bill, with the Proviso, shall pass for a Law ?"

It was Resolved in the Affirmative.

Protest against it.

Memorandum, That the Lord Viscount de Stafford desired Leave to enter his Dissent, if the aforesaid Question were carried in the Affirmative: Which was granted.

"Stafford."

Bill concerning the Estates of Persons sequestered for adhering to the King's Party.

Hodie 1a vice lecta est Billa, "An Act for discharging those whose Estates have been sold, sequestered, and decimated, for adhering to His Majesty, or His Royal Father, from all Interest exceeding Three Pounds per Cent. per Annum."

Rejected.

The Question being put, "Whether this Bill shall be rejected ?"

It was Resolved in the Affirmative.

The Messengers returned with this Answer:

Answer from H. C.

That they have acquainted the House of Commons, that their Lordships have passed the Bill for the Militia, and the Bill concerning the Navy.

Bill for restoring Ecclesiastical Jurisdiction.

A Message was sent to the House of Commons, by Doctor Bennett and Doctor Escott:

To deliver to them the Bill concerning restoring Ecclesiastical Jurisdiction; which this House hath agreed to, with a Proviso, wherein their Concurrence is desired.

Message from H. C. with Bills.

A Message was brought from the House of Commons, by Sir Phillip Warwick and others; who brought up divers Bills passed the House of Commons, wherein their Lordships Concurrence is desired:

1. "An Act for paving and repairing the Highways from Charing Crosse to the Stone Bridge beyond Pickadilly, and from Charing Crosse to St. James', and from thence to the Common Road, and so round the Wall of St. James' Parke, and up to Hyde Parke."

2. "An Act to restrain unlicensed and disorderly Printing."

3. "An Act for vesting the Arrears of the Excise and New Impost in His Majesty."

Bill to vest the Arrears of the Excise in the King.

Hodie 1a, 2a, et 3a vice lecta est Billa, "An Act for vesting the Arrears of the Excise and New Impost in His Majesty."

The Question being put, "Whether this Bill shall pass for a Law ?"

It was Resolved in the Affirmative.

Bill to confirm the one for Increase of Navigation, &c.

Hodie 1a vice lecta est Billa, "An Act for confirming an Act, intituled, An Act for encouraging and increasing of Shipping and Navigation; and several Acts, both Public and Private, mentioned therein."

Message from H. C. for a Conference concerning the Bill for Pains and Penalties.

A Message was brought from the House of Commons, by Mr. Clifford:

To desire a Conference, concerning the Amendments and Proviso in the Bill concerning Pains and Penalties.

The Answer returned was:

Answer.

That this House will give the House of Commons a present Conference, in the Painted Chamber.

The Lord Treasurer, the Lord Privy Seal, and the Lord Chamberlain, were appointed to report this Conference.

Bill to restrain disorderly Printing.

Hodie 1a et 2a vice lecta est Billa, "An Act to restrain unlicensed and disorderly Printing."

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

L. Treasurer.
L. Privy Seal.
Dux Albemarle.
L. Chamberlain.
Comes Derby.
Comes Bridgwater.
Comes North'on.
Comes Bolingbrooke.
Comes Westm'land.
Comes Portland.
Viscount de Stafford.
Ds. Delawar.
Ds. Berkley.
Ds. Chandois.
Ds. Craven.
Ds. Byron.
Ds. Lucas.
Ds. Gerard de Brand.
Ds. Lexington.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Ashley.
Ds. Crewe.

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

Bill to confirm Private Acts.

Hodie 1a vice lecta est Billa, "An Act for confirming of Private Acts."

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Charles Harbord and others:

To return the Bill concerning Ecclesiastical Jurisdiction, sent down to the House of Commons, with a Proviso, to which they do concur with their Lordships.

Bill to confirm the one for Increase of Navigation, &c.

Hodie 2a et 3a vice lecta est Billa, "An Act for confirming an Act, intituled, An Act for encouraging and increasing of Shipping and Navigation; and several other Acts, both Public and Private, mentioned therein."

And the Question being put, "Whether this Bill shall pass for a Law ?"

It was Resolved in the Affirmative.

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 for Pains and Penalties.

Then the Lord Privy Seal reported the Effect of this Conference: "That the House of Commons do agree with this House in all the Alterations in the Bill of Pains and Penalties, excepting to the leaving out the Proviso concerning the Marquis of Winton; to which they cannot agree, because, it being examined by a Committee of their House, it did appear to them to be a just Thing. And the House of Commons say, They received no Reasons from their Lordships to induce them to be of another Mind. Besides, they conceive this Proviso did not intrench upon the Act of Oblivion; and they look upon the Marquis of Winton to have done much Service for the King, and suffered much in his Estate for Him; and nothing hath been yet given him by Way of Recompence. And this Proviso gives him nothing but his own."

Upon this, their Lordships ORDERED, To have a present Free Conference with the House of Commons, and give them Reasons as induced this House to leave out the said Proviso.

Message to H. C. for a further Conference about it.

A Message was sent to the House of Commons, by Doctor Escott and Doctor Wolridge:

To desire a present Free Conference, with the House of Commons, in the Painted Chamber, touching the Matter of the last Conference.

Heads for it.

The Lord Treasurer, the Lord Privy Seal, the Lord Chamberlain, and the Lord Ashley, were appointed to manage this present Free Conference; and to let the House of Commons know, "That One of the Reasons that moved this House to leave out the Proviso in the Bill concerning Pains and Penalties was, a Message from His Majesty, That He conceived this Proviso was so high an Intrenchment upon His Right and Prerogative, that He was resolved rather not to pass the said Bill, than to admit or allow of the said Proviso.

"Another Reason was, That this House conceives that Pains and Penalties upon Crimes of so high a Nature do absolutely belong of Right to the King; and that their Lordships cannot admit the taking away any of them from His Majesty without a manifest Violation of Justice and His Majesty's just and legal Right; and that the said Proviso is absolutely a Breach of the Act of Indemnity and Oblivion, which His Majesty is so careful to maintain."

The Messengers return with this Answer:

Answer from H. C.

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

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

Adjourn.

Ds. Capitalis Justitiarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 29um diem instantis Julii, hora nona Aurora, Dominis sic decernentibus.