House of Lords Journal Volume 11
29 July 1661

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1767-1830

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'House of Lords Journal Volume 11: 29 July 1661', Journal of the House of Lords: volume 11: 1660-1666 (1767-1830), pp. 325-327. URL: http://www.british-history.ac.uk/report.aspx?compid=14160 Date accessed: 29 July 2014.


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DIE Lunæ, 29 die Julii.

Domini præsentes fuerunt:

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

Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Richmondiæ.
Dux Albemarle.
Marq. Winton.
Marq. Worcester.
L. Great Chamberlain.
L. Chamberlain.
Comes Oxon.
Comes Derby.
Comes Bedford.
Comes Pembrooke.
Comes Lyncolne.
Comes Nottingham.
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 Rivers.
Comes Petriburgh.
Comes Carnarvon.
Comes Newport.
Comes Chesterfeild.
Comes Portland.
Comes Strafford.
Comes Cardigan.
Comes Anglesey.
Comes Bathon.
Comes Carlile.
Viscount de Stafford.
Viscount Mordant.
Ds. Abergaveny.
Ds. Awdley.
Ds. Windsor.
Ds. Wentworth.
Ds. Willoughby.
Ds. Pagett.
Ds. Chandois.
Ds. Hunsdon.
Ds. Arundell.
Ds. Howard de Charlt.
Ds. Craven.
Ds. Lovelace.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Seymour.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Widdrington.
Ds. Ward.
Ds. Colpeper.
Ds. Lucas.
Ds. Gerard de Brand.
Ds. Lexington.
Ds. Holles.
Ds. Cornwallis.
Ds. Ashsley.
Ds. Crewe.

PRAYERS, by Dr. Hodges.

Bill to restrain disorderly Printing:

The Lord Privy Seal reported from the Committee, the Bill for regulating of Printing, as fit to pass, with Alterations; which are offered to their Lordships Considerations.

The said Amendments were read Twice: And Resolved, upon the Question, That this House agrees with the Committee in this Report.

Hodie 3a vice lecta est Billa, "An Act to (fn. *) restrain unlicensed and disorderly Printing."

The Question being put, "Whether this Bill 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 Hubbart and Doctor Wolridge:

To deliver to them this Bill concerning Printing, and desire their Concurrence in the Amendments.

Message from thence, with a Bill.

A Message was brought from the House of Commons, by Sir Peter Killegrewe; who brought up an Act, intituled, "An Act for confirming Three Acts, therein mentioned;" wherein their Lordships Concurrence is desired.

Bill to confirm Three Acts.

Hodie 1a et 2a vice lecta est Billa, "An Act to confirm Three Acts, therein mentioned;" wherein some Amendments were presently made at the Clerk's Table, and reported to the House; and read Twice, and Agreed to.

Hodie 3a vice lecta est Billa, "An Act for confirming Three Acts, therein mentioned."

The Question was put, "Whether this Bill, with the Amendments, shall pass for a Law ?"

It was Resolved in the Affirmative.

Message from H. C. with a Bill; and for a Conference concerning the Act to restrain disorderly Printing.

A Message was brought from the House of Commons, by Mr. Waller and others; who brought up a Bill, intituled, "An Act for Endowment of several Churches by the Lord Viscount Scudamore;" wherein they desire their Lordships Concurrence.

2. To desire a Conference, concerning the Amendments in the Bill touching Printing, sent down from their Lordships.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, in the Painted Chamber, upon the Subject Matter desired.

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

Message to H. C. with a Bill.

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

To desire their Concurrence in the Amendments in the Bill for confirming Three Acts, mentioned therein.

Message from thence, with the Bill for Pains and Penalties; and with a Petition concerning the Marquis of Winton.

A Message was brought from the House of Commons, by the Lord Bruce and others:

To let their Lordships know, that they agree in the Alterations in the Bill concerning Pains and Penalties.

2. They brought up a Petition concerning the Marquis of Winchester, wherein they desire their Lordships Concurrence; and that the same may be presented to His Majesty from both Houses.

The said Petition was read, as follows:

Petition to the King, to consider the Marquis of Winchester's Losses during the late Troubles, particularly by Wallop.

"To the King's Most Excellent Majesty.

"The humble Petition of the Lords and Commons in Parliament assembled;

"Sheweth,

"That your Petitioners, in their Proceedings against Robert Wallop, for the Treasons committed against Your Sacred Majesty and Your Royal Father, have found them greater than any Forfeiture can expiate.

"That, for this Reason, they have not thought fit to enter into the Consideration of his lesser Crimes; amongst which, his Oppressions of the Marquis of Winchester have been very notorious.

"And though, by this Means, Robert Wallop hath gained to himself Thirteen Thousand Pounds; yet is this the least Part of those Sufferings which have befallen that Noble Family in the late Wars, for their Service to the Crown.

"Your Petitioners therefore do humbly present to Your Most Excellent Majesty the Case of the Marquis of Winchester, and the Lord St. Johns his Son, to be taken into Your Princely Consideration; beseeching Your Majesty, that they may receive such Recompence and Relief, towards the Redemption of their Estate engaged in Your Majesty's Service, as to Your Majesty's Grace and Goodness shall seem meet.

"And Your Petitioners shall pray."

ORDERED, That this House agrees with the House of Commons in this Petition; and the Lord Privy Seal and the Lord Chamberlain are appointed to deliver the said Petition to His Majesty, from both Houses.

Bill for repairing Streets in Westminster, &c.

Hodie 1a vice lecta est Billa, "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', and up to Hyde Parke."

Then the House was adjourned during Pleasure, and the Lords went to the Conference with the House of Commons; which being ended, the House was resumed.

Report of the Conference concerning the Bill for restraining disorderly Printing:

And the Lord Privy Seal reported the Conference with the House of Commons; which was to this Effect: "That Mr. Solicitor managed this Conference concerning the Bill touching Printing: That the Commons do agree in the changing the Month of August for July; but as concerning that Amendment which excepts the Dwelling-houses of Peers from being searched, they do not agree therein; for though they believe their Lordships will be careful in preventing any such Fact to be done in their House if they know of it, yet their Servants may be seduced privately to combine with lewd Persons, as may secretly keep unlicensed Printing, unknown to their Lordships; and then no Officer dares meddle with them: Which will produce a great Hinderance to the remedying that Mischief which the House of Commons by this Bill intends; and so they cannot agree with their Lordships in this Amendment."

But the Lords not agreeing to the Reasons of the House of Commons; a Proviso was offered, as an Expedient concerning the searching of the House of Peers; by Order of Six of the Privy Council, and not otherwise; which, being read, was Agreed to, and ordered to be offered to the House of Commons at a Free Conference; with this Declaration and Caution, Not to forsake their Lordships First Amendment, but to be in Force unless the House of Commons do agree to this Proviso.

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

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

To desire a present Free Conference, in the Painted Chamber, concerning the Matter of the last Conference; and to let the Commons know, that their Lordships have appointed Two Lords to present the Petition for the Marquis of Winchester to the King.

The former Lords were appointed to manage this Free Conference with the House of Commons.

Bill for repairing Streets in Westminster, &c.

Hodie 2a vice lecta est Billa, "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', and up to Hyde Parke."

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

L. Treasurer.
L. Privy Seal.
Dux Bucks.
Comes Derby.
Comes Bolingbrooke.
Comes Newport.
Comes Portland.
Comes Anglesey.
Comes Bathon.
Ds. Arundell.
Ds. Seymour.
Ds. Colpeper.
Ds. Cornwallis.
Ds. Ashley.

Their Lordships, or any Five; to meet presently, in the Prince's Lodgings.

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

Then the Lord Privy Seal reported from the Committee, a Proviso which they had drawn up, to be added to the Bill for Highways, for saving the Privileges of this House, if this Bill do pass.

The said Proviso was read Twice, and Agreed to.

Hodie 3a vice lecta est Billa, "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', and up to Hyde Parke."

The Question being put, "Whether this Bill, with this Proviso, 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 Escott and Doctor Wolridge:

To deliver the Bill concerning the repairing the Highways from Charing Crosse, and desire their Concurrence in the Proviso.

Message from thence, for a Conference, about the Bill for Printing.

A Message was brought from the House of Commons, by the Lord Viscount Falkland and others:

To desire a Free Conference with their Lordships, upon the Matter of the last Conference.

The Answer returned was:

Answer.

That their Lordships will give a Free Conference presently, in the Painted Chamber.

Message from thence, for one on the Bill for repairing Streets in Westminster, &c.

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

To desire a Conference concerning the Bill for repairing the Highways.

The Answer returned was:

Answer.

That this House will give a present Conference, to begin after the Free Conference now to be had is ended, in the Painted Chamber.

The same Lords that managed the former Conference (fn. *) are appointed to manage these ensuing Conferences with the House of Commons.

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

Report of the Conference concerning the Bill for restraining disorderly Printing;

The Lord Privy Seal reported the Effect of the Free Conference with the House of Commons; "which was managed by Mr. Solicitor for the House of Commons; who said, They had considered of the Proviso added by their Lordships to the Bill concerning Printing, for exempting the Houses of Peers from being searched but by Order of Six Lords of the Council; and the Commons say, they find not Reason enough to consent to the same: And Mr. Solicitor told their Lordships, he had only Power to adhere, and to receive no further Reasons."

and concerning the Bill for repairing Streets in Westminster, &c.

His Lordship also reported the Effect of the Conference with the House of Commons, concerning the Proviso added by their Lordships to the Bill concerning repairing of the Highways about Westm. "To which Proviso the Commons cannot agree, because, they say, it is contrary to their Privileges, because the People cannot have any Charge or Tax imposed upon them but originally by the House of Commons. And they say, they have entered in their Journal Book the Irregularities of their Lordships, in sending down a Bill to them for laying and imposing a Tax upon the People for repairing the Highways about Westm. which Bill they have laid aside, as being a Breach of their Privileges, and sent up to their Lordships another Bill to the same Effect."

Upon Debate of the Free Conference:

It is ORDERED, To have a present Conference with the House of Commons, to deliver to them the Bill concerning Printing; and to let them know, "That their Lordships do adhere to their Proviso, and do forbear to give any further Reasons (though much could be said); because it was delivered at the Free Conference, that the Commons would hear no further Reasons; which their Lordships conceive is contrary to the Proceedings and Liberty of Parliament in transacting Businesses between the Two Houses.

"As concerning the Conference touching the Bill for amending the Highways, this House will consider further of it against To-morrow Morning."

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

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

To desire a present Conference, in the Painted Chamber, concerning the Matter of the last Free Conference.

The Messengers return with this Answer:

Answer.

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

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

Commons refuse to receive the Bill at the Conference.

The Lord Privy Seal reported, "That he had delivered to the House of Commons, at this Conference, what he had in Command from this House; and offered to deliver the Bill concerning Printing to Mr. Solicitor, who refused to receive it; and so his Lordship left it upon the Table in the Painted Chamber, and came away."

Blunt, Lord Abergavenny's Servant, arrested.

Upon Complaint made this Day to the House, "That William Blunt, a menial Servant of the Lord Abergaveny, and so owned by his Lordship, who is a Peer of this Realm, and a Member of Parliament, is arrested, by Thomas Addams, contrary to the Privilege of Parliament; and that the said Addams and one Mathew Bull between them do detain and keep a Ring of good Value, and a Protection, from the said Blunt:"

It is ORDERED, by the Lords in Parliament assembled, That the said Thomas Addams, or Mathew Bull, shall restore unto the said Blunt the said Ring and Protection, which they or One of them doth detain from the said Blunt; or else that the said Thomas Addams and Mathew Bull shall, upon Refusal, be taken into Custody by the Serjeant at Arms attending this House, or his Deputy; and that the said Adams shall appear before this House the Second Day of the Sitting of this Parliament next after the Adjournment, to answer the Complaint now brought into this House against him in this Business.

Bungey, E. Berks' Servant, released.

Upon the Averment of the Earl of Berks, a Member of Parliament, and Peer of this Realm, "That Benjamin Bungey, a Servant and Solicitor to his Lordship and to no other Person, and that he is not under Execution, being now in Restraint in The Poultrey Compter:"

It is ORDERED, That the said Benjamin Bungey, according to the Privilege, be freed and discharged from his present Restraint and Imprisonment, upon Sight of this Order: And herein Obedience is to be given by all those that are concerned herein, as they will answer the contrary to this House.

Adjourn.

Dominus Capit. Justic. de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 30um diem instantis Julii, hora nona Aurora, Dominis sic decernentibus.

Hitherto examined by us,

Derby.
Dorsett.
Bolingbrooke.
Portland.

Footnotes

* Origin. Restraint.
* Deest in Originali.