DIE Veneris, 16 die Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| L. Chief Justice of the Common Pleas, Speaker this Day. |
Arch. Eborac.
Epus. London.
Epus. Durham.
Epus. Bath et Wells.
Epus. Ely.
Epus. Chichester.
Epus. Sarum.
Epus. St. David's.
Epus. Petriburgh.
Epus. Carlile.
Epus. Exon.
Epus. Hereford. |
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Richmond.
Dux Albemarle.
Marq. Winton.
L. Great Chamberlain.
Comes Derby.
Comes Bedford.
Comes Lyncolne.
Comes Nottingham.
Comes Dorsett.
Comes Bridgwater.
Comes Warwicke.
Comes Devon.
Comes Bristoll.
Comes Bollingbrooke.
Comes Cleveland.
Comes Rivers.
Comes Carnarvon.
Comes Thanett.
Comes Portland.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Viscount de Stafford. |
Ds. Abergaveny.
Ds. Delawarr.
Ds. Morley.
Ds. Sandys.
Ds. Stourton.
Ds. Wentworth.
Ds. Chandos.
Ds. Hunsdon.
Ds. Arundell.
Ds. Howard de Ch.
Ds. Grey.
Ds. Craven.
Ds. Lovelace.
Ds. Poulett.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Seymour.
Ds. Newport.
Ds. Loughborough.
Ds. Byron.
Ds. Vaughan.
Ds. Widdrington.
Ds. Ward.
Ds. Colpeper.
Ds. Clifford.
Ds. Lucas.
Ds. Crafts.
Ds. Holles.
Ds. Cornwallis.
Ds. Ashley.
Ds. Crewe. |
PRAYERS.
Message to H. C. with Bills.
A Message was sent to the House of Commons, by
Sir William Childe and Sir Thomas Escott:
To deliver to them Two Acts, which the Lords have
agreed to, with some Amendments and Provisos, to
which their Concurrence is desired:
1. The Act against exporting of Leather.
2. The Act for easing the Charge of Sheriffs.
Bill to confirm Acts for draining the Fens.
Hodie 2a
vice lecta est Billa, "An Act for confirming and continuing Two Acts for the necessary
Maintenance of the Work of draining the Great
Level of the Fens."
ORDERED, That the Consideration of this Bill is
committed to these Lords following:
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L. Privy Seal.
Duke of Richmond.
L. Great Chamberlain.
Comes Derby.
Comes Bedford.
Comes Bridgwater.
Comes Bollingbrooke.
Comes Portland.
Comes Anglesey. |
Bp. Ely.
Bp. Chichester.
Bp. Sarum.
Bp. St. David's.
Bp. Petriburgh.
Bp. Carlile.
Bp. Exon.
Bp. Hereford. |
Ds. Abergaveny.
Ds. Sandys.
Ds. Chandos.
Ds. Hunsden.
Ds. Craven.
Ds. Lovelace.
Ds. Mohun.
Ds. Colpeper.
Ds. Clifford.
Ds. Lucas.
Ds. Cornwallis.
Ds. Crewe. |
Their Lordships, or any Five; to meet this Afternoon, at Three of the Clock, in the Prince's
Lodgings.
Message from H. C. with a Bill; and to sit P. M.
A Message was brought from the House of Commons, by Sir Thomas Strikeland and others; who returned a Bill touching the regulating the making of
Broad Woollen Cloths in the West Riding in the County
of Yorke, to which their Lordships made some Alterations, and hath received the Concurrence of the House
of Commons therein.
2. To acquaint their Lordships, that the House of
Commons intends to sit this Afternoon, about the important Affairs of the Kingdom; and they desire their
Lordships would be pleased to sit likewise.
Cherry, E. Rivers' Chaplain, freed from an Arrest.
The House being certainly informed, "That Edward
Cherry Clerk, Domestic Chaplain to the Earl of
Rivers, was arrested, on the 4th Day of this Instant
May, contrary to the Privilege of Parliament, by
George Merry and Edward Sage, Bailiffs, at the Suit
of John George and George Nicholson, Creditors:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Cherry is
hereby fully discharged from any Restraint by reason
of this Business; and that all Proceedings at Law
touching such Actions as are commenced against him
by the said Persons shall be void, and be no further
proceeded in; any former Proceedings herein had notwithstanding: And hereof all Persons any Way concerned are to have Notice, who are to yield their Obedience hereunto, as the contrary will be answered to
this House.
Merry and Sage, Bailiffs who arrested him.
Memorandum, That this House was fully satisfied concerning the high Breach of Privilege of Parliament of
George Merry and Edward Sage; but did forbear sending for them as Delinquents, in regard of the near Approach of the End of this Session of Parliament:
Therefore leaves it to the Consideration of the next
Session of Parliament.
Reading Clerk's Fees on Private Bills in Committee.
Whereas heretofore the Sum of Forty Shillings hath
been paid upon every Private Bill, for Entertainment
of the Lords Committees to whom such Bills were referred; and the Lords are willing to dispense with that
Custom:
It is hereby ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That for the future
the said Sum of Forty Shillings, to be paid upon each
Private Bill as aforesaid, shall be converted and paid,
unto the Reading Clerk of this House, as a Salary and
Fee, in respect of his Attendance on the Committees
to whose Care such Bills shall from Time to Time be
referred by this House.
Adjourn.
Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in
post meridiem hujus instantis diei, hora quarta, Dominis sic decernentibus.
DIE Veneris, 16 die Maii, post meridiem.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| L. Chief Justice of the Common Pleas, Speaker this Day. |
Arch. Eborac.
Epus. London.
Epus. Durham.
Epus. Chichester.
Epus. Sarum.
Epus. Worcester.
Epus. St. David's.
Epus. Petriburgh.
Epus. Carlile. |
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Bucks.
Comes Oxon.
Comes Bedford.
Comes Dorsett.
Comes Bridgwater.
Comes Bristoll.
Comes Bollingbrooke.
Comes Cleveland.
Comes Carnarvon.
Comes Newport.
Comes Portland.
Comes St. Albans.
Comes Essex.
Comes Anglesey.
Comes Bathon.
Comes Carlile. |
Ds. Sandys.
Ds. Wharton.
Ds. Chandos.
Ds. Hunsdon.
Ds. Howard de Ch.
Ds. Craven.
Ds. Lovelace.
Ds. Poulett.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Newport.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Colpeper.
Ds. Clifford.
Ds. Lucas.
Ds. Crafts.
Ds. Cornwallis.
Ds. Ashley.
Ds. Crewe. |
PRAYERS.
Bill to confirm Acts for draining the Fens.
The Lord Bishop of Chichester reported from the
Committee, the temporary Bill concerning the Draining of the Great Level of the Fens, as sit to pass,
with some small Alterations, and a Proviso; which being
read Twice, the House agreed to the Alterations, but
laid aside the Proviso, and ordered the said Bill to be
engrossed.
Message from H. C. for a Conference on the Militia Bill.
A Message was brought from the House of Commons, by Mr. Frettswell and others;
To desire a Free Conference, concerning the Bill for
settling the Forces of this Kingdom.
The Answer returned was:
That this House doth agree to a Free Conference,
and appoints it to be presently, in the Painted Chamber.
These Lords following were appointed to report this
Free Conference:
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The L. Treasurer.
Comes Bridgwater.
Comes Bristoll.
Comes Portland. |
L. Mohun.
L. Lucas.
L. Ashley. |
Bill to prevent the Exportation of Sheep, Wool, &c.
The Earl of Bridgwater reported, "That the Committee have considered of the Bill against the Exportation of Wool and Woolsels;" wherein they
made some Alterations; which, being read Twice, were
Agreed to.
Then 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 Militia Bill.
The Lord Ashley reported the Effect of this Free
Conference with the House of Commons, concerning the Bill for settling the Forces of this Kingdom; and shewed wherein the Commons agreed to
their Lordships Amendments, and wherein they do not
agree:
"In the First Skin, the House of Commons agree
with the Lords Amendments in the 30 and 32
Line; adding, in the 3d Line of their Amendment
to the 32 Line of the Bill, the Words in their
Paper, beginning ["always understood, &c."].
"In the Second Skin, the Amendment to the 45
Line, Agreed, leaving out the Word ["formerly"]
in the 46 Line, and instead thereof inserting these
Words ["and so from Time to Time the Month's
Pay by him or them last before"]."
Agreed to by the Lords.
"In the Third Skin, the Amendment to 29 and 30
Line, the Commons do not agree to."
The Lords do not agree to alter this Amendment.
"In the Fourth Skin, the Commons agree thus:
After ["or"] in the 10th Line of the Paper sent
from the Lords, the Commons insert these Words
["other Directions from His Majesty"], leaving
out the Words ["and either Way"], and instead
inserting the Word ["or"]."
The Lords do not agree to this Amendment of
the House of Commons; but agree to the former Amendment as it came from the House of
Commons.
"The Commons agree to the Amendment in the
30 Line.
"The Commons agree to the Alteration in the
8th Skin, 48 Line, concerning Landlord and Tenant."
"As to the Expedient offered by the Lords by
Way of Alteration to their own Proviso,
omitting the Two former Provisos:
"Agreed to the Proviso offered as an Expedient,
adding, after the Word ["charged"] in the 2d Line,
these Words ["by virtue of this Act"], and after
the Word ["to"] in the 7th Line these Words
["the Lord Chancellor or Lord Keeper of the Great
Seal of England, and the Lord High Treasurer of
England, Lord President of the Council, and Lord
Privy Seal, for the Time being, and such other Persons"]; and leaving out the Words [" so many
Peers not fewer than Twelve"]; and after the Word
["the"] the Words ["Rules and"]; and after the
Word ["mentioned"] in the 14 Line adding these
Words ["not relating to the Monthly Tax, and shall
have Power to put in Execution all and every the
Powers and Authorities of this Act, as well for laying Assessments as imposing of Penalties"]; and
after the Word ["made"], in the 15 Line, inserting these Words following ["together with such
Penalties as shall be so imposed"]; and after the
Word ["borne"] in the 18 Line, these Words
["and the Penalties levied"]; and after the Word
["done"] in the 20 Line, these Words ["or
paid"]; and adding, at the Conclusion of the said
Proviso, these Words ["and the Tenant so distrained
is hereby enabled to deduct the Sum levied out of
the next Rent"]."
As to the Clause in the Lords Proviso, the Lords
do not agree to the adding of these Words ["by
virtue of this Act"].
Committee to prepare Amendments to a Proviso in it.
Upon Consideration of the rest of the said Proviso,
the Lords appointed these Lords following a Committee, to withdraw presently, and word the Proviso according to the Sense of the House, to the End both
Houses may agree therein:
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L. Treasurer.
L. Privy Seal.
Duke Bucks. |
E. Anglesey.
L. Lucas.
L. Ashley. |
The House was adjourned during Pleasure; and the
Lords Committees withdrew into the Prince's Lodgings.
The House was resumed.
The Question being put, "Whether this Report
shall be made now ?"
It was Resolved in the Affirmative.
The Lord Privy Seal reported what the Committee
had prepared as Amendments in the Proviso; which
was read, as followeth:
Proviso for the Peers, in the Militia Bill.
"Provided always, and be it Enacted, by the Authority aforesaid, That no Peer of this Realm shall
be charged with Horse, Horsemen and Arms, or
Foot Soldiers and Arms, otherwise, or in any other
Manner, than is herein after expressed; that is to
say, That His Majesty, His Heirs and Successors,
shall and may from Time to Time issue out Commissions, under the Great Seal of England, to so many
Peers, not fewer than Twelve, as His Majesty, His
Heirs and Successors, shall think sit, who, or any
Five or more of them, shall have Power, from Time
to Time, to assess all and every or any of the Peers
of this Realm, according to the Limitations and Proportions in this Act appointed, for the finding of
Horse, Horsemen, and Arms, or Foot Soldiers and
Arms, and for other the Purposes in this Act mentioned (except the Monthly Taxes, which are to be
levied, as is before prescribed in this Act); and shall
have Power to put in Execution all and every the
Powers and Authorities of this Act, as well for laying Assessments as imposing of Penalties (Imprisonment of the Person of any Peer of this Realm only
excepted); which Assessment or Charge so made, together with such Penalties as shall be imposed (Imprisonment as aforesaid only excepted), shall be from
Time to Time respectively certified to the respective
Lieutenants of each County, to the Intent that the
said Charge may be borne, and the Penalties (not
before excepted) levied, according to the Intent of
this Act: And in case there shall be any Default
in Performance of any Thing to be done or paid
by any Peer by virtue of this Act, that then it shall
be lawful for the respective Lieutenants and Deputy
Lieutenants, or any Three of them, to cause Distresses
to be taken for the same, in any of the Lands of such
Defaulter, within their said Counties or Limits respectively; and in case Satisfaction shall not be given
within the Space of One Week after such Distress
taken, then such Distresses to be sold, for the Performance of the said Service and the Charge incident
thereunto, and the Overplus (if any be) to be restored to the Owner. And if a Tenant of any Peer
of this Realm shall be distrained for such Default as
aforesaid, the Tenant so distrained is hereby enabled
to deduct the Sum levied out of his next Rent."
The Question being put, "Whether to agree to
the Amendments now brought in?"
It was Resolved in the Affirmative.
ORDERED, That these Amendments shall be offered
to the House of Commons To-morrow Morning, at a
Free Conference.
Adjourn.
Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque
in diem crastinum, videlicet, 17um diem instantis Maii,
hora decima Aurora, Dominis sic decernentibus.
Hitherto examined by us,
J. Bridgewater.
Bolingbrooke.
Hunsdon.