House of Lords Journal Volume 11
2 March 1665

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1767-1830

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'House of Lords Journal Volume 11: 2 March 1665', Journal of the House of Lords: volume 11: 1660-1666 (1767-1830), pp. 674-676. URL: http://www.british-history.ac.uk/report.aspx?compid=14460 Date accessed: 21 October 2014.


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DIE Jovis, 2 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

His Royal Highness the Duke of Yorke.
Arch. Cant.
Arch. Eborac.
Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Ely.
Epus. Worcester.
Epus. Chichester.
Epus. St. Asaph.
Epus. St. David's.
Epus. Lyncolne.
Epus. Norwich.
Epus. Gloucester.
Epus. Cov. et Litch.
Epus. Chester.
Epus. Exon.
Epus. Sarum.
Epus. Petriburgh.
Epus. Oxon.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Marq. Winton.
Marq. Dorchester.
L. Great Chamberlain.
L. Steward.
L. Chamberlain.
Comes Bedford.
Comes Pembrooke.
Comes Lyncolne.
Comes Suffolke.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Bolingbrooke.
Comes Berks.
Comes Rivers.
Comes Petriburgh.
Comes Newport.
Comes Thannett.
Comes Norwich.
Comes Scarsdale.
Comes St. Albans.
Comes Sandwich.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Viscount Say et Seale.
Viscount de Stafford.
Ds. Berkley de Berk.
Ds. Eure.
Ds. Wharton.
Ds. Pagett.
Ds. Chandos.
Ds. Hunsdon.
Ds. Petre.
Ds. Arundell.
Ds. Howard Ch.
Ds. Grey.
Ds. Craven.
Ds. Lovelace.
Ds. Coventry.
Ds. Howard Esc.
Ds. Bruce.
Ds. Newport.
Ds. Loughborough.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Clifford.
Ds. Lucas.
Ds. Gerard Brand.
Ds. Crofts.
Ds. Berkley Str.
Ds. Cornwallis.
Ds. Ashley.
Ds. Crewe.

PRAYERS.

The Lord Privy Seal sat Speaker this Day.

Jurors Bill.

The Earl of Bridgwater reported, "That the Committee for the Bill for returning able and sufficient Jurors have considered of the same; and think it fit to pass, with some Alterations."

Which, being read Twice, were Agreed to.

Hodie 3a vice lecta est Billa, "An Act for returning able and sufficient Jurors."

The Question being put, "Whether this Bill, with the Alterations, shall pass?"

It was Resolved in the Affirmative.

Coal Bill.

Next, his Lordship further reported the Bill for regulating the Measures and Prices of Coal, as fit to pass as it is, without any Alteration.

Hodie 3a vice lecta est Billa, "An Act for regulating the Measures and Prices of Coal."

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

It was Resolved in the Affirmative.

Message to H. C. that these Bills are passed.

A Message was sent to the House of Commons, by Sir Moundeford Brampston and Mr. Cole:

To deliver them the Bill for returning able and sufficient Jurors, wherein the Lords have made some Alterations, and desire the Concurrence of the House of Commons thereunto.

Also to let them know, that the Lords have passed the Bill concerning setting the Prices of Coal.

The King's Answer concerning the Fast.

The Lord Chamberlain signified to the House, "That himself and the rest of the Lords, with the Members of the House of Commons, have waited on the King, and presented the Desires of both Houses concerning the general Fast; and His Majesty grants the Desires of both Houses, and will give Order accordingly."

Message from H. C. with the Bill to prevent Arrests of Judgements; and that they agree to the Jurors Bill.

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

To return the Act concerning Arrests in Judgements, wherein their Lordships made some Amendments, to which Amendments they concur: Also to let their Lordships know, that the Commons agree to the Alterations in the Bill concerning Jurors.

E. Suffolk, Privilege.

Whereas Henry Fox, now in the Custody of the Serjeant at Arms attending this House, for arresting John Loanes, menial Servant to the Earl of Suffolk, a Peer of this Realm, in January last, contrary to the Privilege of Parliament, hath made his Submission to the Earl of Suffolke, and is ready to acknowledge his Sorrow for his said Offence unto this House:

Fox discharged.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, at the particular Instance of the Earl of Suffolke on his Behalf, That the said Henry Fox be, and is hereby, discharged from his present Restraint, paying his Fees: And this to be a sufficient Warrant in that Behalf.

Declaration to assert the Privilege of this House, that all Bills for restoring Persons in Blood shall begin here after they have the King's Allowance, though the Lords have passed Sir C. Stanley's Bill, which was first brought into the H. C.

Upon Report from the Lords Committees for Privileges, "That, in Pursuance of the First Part of the Order of the 24th Day of February last, directed to that Committee, upon the Reading of a Bill for restoring Sir Charles Stanley in Blood, the First Time; whereas the said Bill began in the House of Commons, it appearing by the Records of Parliament that all Bills for the Restitution in Blood ought, before they be admitted and received in Parliament (upon humble Petition), to have the King's Allowance for presenting the said Bills, and that then they are to be prosecuted and begun in the House of Peers; contrary to which Privilege, there having been Errors committed by reason of beginning some Bills of this Nature in the Lower House, our late Sovereign King James was pleased to take Notice thereof openly, giving Admonition to both Houses concerning One Act (namely, for Restitution of Rowland Merick in Blood), that no such Act of Restitution from thenceforth should be proceeded withal in Parliament, till the same were first allowed and signed by the King, and that then it ought to begin first in the Higher House; whereof His said Majesty did expressly will an Observation and Remembrance to be made: Notwithstanding which Rule, by reason of the Interruption of the regular and Parliamentary Way of Proceedings, occasioned by the late tumultuous Times, whereby Sir Charles Stanley and his Counsel have been mistaken in the proper Way of bringing a Bill for Restitution in Blood into the Parliament, the Lords Spiritual and Temporal in Parliament assembled do Declare, That although they have been pleased to receive the said Bill, yet it is with this positive Resolution, That for the future no such Act of Restitution shall be proceeded withal in Parliament till the same be first allowed and signed by the King's Majesty, and then that it shall begin first in the House of Peers; and that, to this Purpose, the said Resolution of this House, conformable to the Orders of the Two and Twentieth and Twenty-seventh of May, in Tertio Jacobi, 1606, be entered upon the Roll of Standing Orders of this House."

Committee to consider further of the Privileges of this House.

Upon Report from the Lords Committees for Privileges, "That, in Pursuance of the Second Part of the Order of the Four and Twentieth of February last, directed to that Committee, (videlicet,) That Consideration may be had of the Privileges of this House, and how they may be preserved from being infringed for the future; the Committee having not Time to make a full Enquiry into the same:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the First Thing to be done at the next Meeting of Parliament shall be the asserting of the Privileges of the House of Peers.

King present.

Then the King, arrayed in His Regal Robes and Ornaments, sitting in His Chair of State (the Peers being also in their Robes), commanded the Gentleman Usher of the Black Rod to give the House of Commons Notice, "That it is His Majesty's Pleasure they should come up and attend His Majesty, with their Speaker;" who being come, their Speaker made the Speech following:

Speaker of H. C. Speech.

"May it please Your Most Excellent Majesty,

The Knights, Citizens, and Burgesses of the Commons House of Parliament, having in the Beginning of this Session applied themselves to the aiding Your Majesty in Your Naval Preparations, have of late considered of some Bills that may be most grateful to the People, either in redressing Things that are grievous to them, or in advancing their Trade and Commerce, which are the Soul of Life of the Nation.

"Evil Manners produce good Laws; but the best Laws in Time may grow obsolete: And such is the wicked Nature of Man, that when he cannot by Force break through a Law, he will by Fraud and Tricks endeavour to evade it."

"I may with great Truth affirm, the Common Law of England is the best Municipal Law in the World; and yet, if the Legislative Power were not ready to countermine the Works, and make up the Breaches that are daily made upon it, the Sons of Zeruiab would be too strong for us."

"We have now presented Your Majesty with several Bills for the Regulation of the Law, which will serve to prune some exuberant Branches, and to pull away the Ivy that robbed this Tree of her just Nourishment: And if Your Majesty now be pleased graciously to shine upon her, she will yield her Fruit in great Abundance, to the Content of Your Majesty and all Your People."

"Cosmographers do agree, that this Island is incomparably furnished with pleasant Rivers, like Veins in the Natural Body, which conveys the Blood into all the Parts, whereby the Whole is nourished, and made useful; but the Poet tells us, he acts best, qui miscuit utile dulci: Therefore we have prepared some Bills for making small Rivers navigable; a Thing that in other Countries hath been more experienced, and hath been found very advantageous; it easeth the People of the great Charge of Land Carriages; preserves the Highways, which are daily worn out with Waggons carrying excessive Burdens; it breeds up a Nursery of Watermen, which, upon Occasion, will prove good Seamen; and with much Facility maintain Intercourse and Communion between Cities and Countries."

"We have been much affected with the Cries and Wants of the Poor this hard Season, especially those about this Town, who are ready to starve for Want of Fuel, the Price of Coals being so unreasonably enhanced by the extorting Engrossers. We have, therefore, for their present and future Ease, prepared a Bill, authorizing the Lord Mayor and the Court of Aldermen in the City of London, and Three Justices of Peace in the Country, whereof One to be of the Quorum, from Time to Time, to set the Prices of Coals, having regard to the Price paid to the Importer, and other emergent Charges."

"And now, Great Sir, having finished our present Councils, we hope Your Majesty will give us Leave to return for a Time into our Countries, where, in our several Spheres, we shall be ready to serve You with our Persons and our Purses, and also with our Prayers to the Great GOD OF HOSTS, that He will be pleased to strengthen Your Hands in the Day of Battle, and make Your Majesty victorious over all Your Enemies both at Home and Abroad."

Bills passed.

This Speech being ended, the Clerk of the Crown read the Titles of these Bills following:

"1. An Act for returning able and sufficient Jurors."

"2. An Act to prevent Arrests of Judgements, and superseding Executions."

"3. An Act to prevent Delays in extending Statutes, Judgements, and Recognizances."

"4. An additional Act for the better ordering and collecting the Duty of Excise."

"5. An Act for repealing of Part of an Act of Parliament, intituled, An Act directing the Prosecution of such as are accountable for Prize Goods."

"6. An Act for setting the Measures and Prices of Coals."

"7. An Act for Continuance of a former Act, for regulating the Press."

"8. An Act for Continuance of a former Act, for repairing the Highways within the Country of Hertford."

"9. An Act to empower the Chancellor of the Dutchy to grant Commissions for taking Affidavits within the Dutchy Liberty."

To these Public Bills the Clerk of the Parliaments pronounced the Royal Assent to every particular Bill, in these Words,

"Le Roy le veult."

Then the Titles of the Private Bills were read:

"1. An Act for confirming a Deed of Settlement between the Earl of Thannett and his Younger Brothers."

"2. An Act to enable the Bishop of Winton to convey One Hundred Acres of Land, lying in the Great Disparked Park of Bishops Waltham, in the Parish of Bishops Waltham, in the County of South'ton, upon the Rector of the said Parish Church of Bishops Waltham and his Successors, in Lieu of all Tithes, and Payments for Tithes, due to the said Rector and his Successors for Waltham Parks."

"3. An Act to enable the Lord Henry Powlett, George Withers, and John Mompcsson, to sell the Manor of Abbotts Anne, in the County of Southampton."

"4. An Act to enable Henry Lord Loughborough to make the River and Sewer navigable, from or near Bristowe Causey, in the County of Surrey, into the River of Thames."

"5. An Act to enable Trustees for the Lord Strangford to sell Lands, for Payment of Debts."

"6. An Act for restoring Sir Charles Stanley in Blood."

"7. An Act for the settling of several Manors, Lands, and Tenements of Sir Jacob Astley, lying in the Counties of Norfolke and Warwicke."

"8. An Act for settling the Estate of Sir Robert Carr Baronet."

"9. An Act for draining the Fen called Deeping Fenn, and other Fens therein mentioned."

"10. An Act for making the River Avon navigable, from Christ Church to the City of New Sarum."

"11. An Act for making the River of Medway navigable, in the Counties of Kent and Sussex."

"12. An Act for making divers Rivers navigable, or otherwise passable, for Boats, Barges, and other Vessels."

"13. An Act for settling of Differences between the Towns of Great and Little Yarmouth, touching the Lading and Unlading of Herrings, and other Merchandizes and Commodities."

"14. An Act for the naturalizing Dederic alias Richard Comes, and others."

"15. An Act for confirming of an Act, intituled, An Act to enable Joseph Micklethwaite, an Infant, and his Trustees, to sell Land, for Payment of his Father's Debts."

"16. An Act for the enabling of Thomas Juckes, of Treliddan, in the County of Mountgomery, Esquire, to sell Lands, for the Payment of his Debts, and raising of Younger Childrens Portions."

"17. An Act to enable Francis Leigh Esquire to sell Lands, for Payment of Debts, and to make Provision for his Children."

To each of these Private Bills, the Royal Assent was pronounced in these Words,

"Soit fait come il est desiré."

After this, His Majesty made a short Speech; the Effect of it was:

Effect of the King's Speech.

"He told the Lords and Commons, He had very little to say more than again to renew His Thanks to them for the Present they made Him when He met them last here."

"He desired the Gentlemen of the House of Commons, that, when they are returned into their Countries, they would take Care for the equal Rating the Taxes laid upon the People."

"His Majesty told the Commons, He had been at some Charge Himself, that no Counties might be over-rated; and He persuaded Himself, that if the Members of the House of Commons and the rest of the Commissioners will take Care that it might be equally taxed in the several Countries, it will be the more readily and chearfully paid in. And His Majesty desired those that were Lieutenants and Deputy Lieutenants, that they would take Care to preserve the Peace of the Kingdom; for, His Majesty did assure them, the Republican Party have still their Councils on Foot, and are yet in Hopes to make some Advantages to themselves, upon the Score of the present War. But His Majesty did not doubt but, by GOD's Blessing upon His and their Endeavours, their Expectations would be frustrated."

"His Majesty said, His Intentions were, that the Houses should not meet here again till this Time Twelve Months. But, lest there should be any Occasion of His needing their Assistance sooner, He did intend the Prorogation shall be only till June next; before which, He should by a timely Proclamation give Notice of the next Meeting, if it hold not at that Time. And so He left the rest to the Lord Privy Seal."

Then the Lord Privy Seal spoke to this Effect:

Parliament prorogued.

"My Lords; and Mr. Speaker, and you Gentlemen of the House of Commons;

"It is His Majesty's Pleasure that this Parliament be prorogued to the One and Twentieth Day of June next. And accordingly this Parliament is prorogued to the One and Twentieth Day of June next."

Hitherto examined by us,
C. Nottingham.
J. Bridgewater.
Say & Seale.
Humfr. London.
B. Lincoln.
Chandos.
Hunsdon.