House of Commons Journal Volume 8
28 May 1661

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1802

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'House of Commons Journal Volume 8: 28 May 1661', Journal of the House of Commons: volume 8: 1660-1667 (1802), pp. 260-261. URL: http://www.british-history.ac.uk/report.aspx?compid=26352 Date accessed: 01 October 2014.


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Martis, 28 Maii, 13 Car. Regis.

Prayers.

Member excused taking Sacrament.

THIS House this Day received Information, that Colonel William Ashburnham, one of the Members of this House, was so sick and infirm, that he could not receive the Sacrament, according to the Order of this House, on Sunday last.

Ordered, That he be excused for not receiving the said Sacrament, until he shall recover his Health.

Leave of Absence.

The House being this Day informed, that * Goddard Esquire, one of the Members of this House, was indisposed, and desired Leave to go into the Country;

Ordered, That the said Mr. Goddard have the Leave of this House to go into the Country, for the Preservation of his Health.

Great Level of Fens.

This House this Day resuming into Debate the Orders made upon the Commitment of the Bills touching the great Level of the Fens, the Twenty-fourth of May Instant;

Ordered, That the same be rectified; and that all the Members of this House, who serve for the Six Counties into which the said Level doth extend; and all other Members, which are of that Committee, saving only such as are concerned in particular Interest, as Owners, Undertakers, or Adventurers; are to have Votes at the said Committee: Which is to meet in the Exchequer Chamber, at Two of the Clock this Afternoon: And to send for Witnesses, Papers, and Records: And that all the Petitions presented to this House, touching the said Level, be referred to the said Committee; and that they have Power to receive any other Petitions which shall be presented to them concerning the said Matter.

Bash's Estate.

A Bill for settling several Lands, late of Sir Edward Bash Knight, upon Sir Ralph Bash, Knight of the Bath, Heir of the said Edward, and his Heirs, was this Day read the First time.

Resolved, That this Bill be read again the Second time on this Day Sevennight.

Leather Trade.

Ordered, That the Bill for the more speedy Way for Tanning, Currying, and Dressing, of all Sorts of Leather, be read on Thursday Morning next.

Hunt's Estate.

Ordered, also, That the Bill to enable the Sale of some of the Lands of Thomas Hunt Esquire, and John Hunt Gentleman, for paying off their Debts, be read again the Second time on Thursday Morning next.

Confirming public Acts.

Mr. Vaughan reports from the Committee of the Act for confirming of publick Acts, That the said Committee, by the Order whereby they were constituted, were to compare the Titles of the Act of Parden, Indemnity, and Oblivion; and of the Act for Confirmation of judicial Proceedings; of the Act for taking away the Court of Wards, and Liveries, and Tenures; and of the several Acts touching his Majesty's Revenue, in the said Bill mentioned, with the Acts themselves; and to examine whether the same were right, for Form only; but to return the same back without any Alteration, as to the Substance of the said Acts: That accordingly the said Committee had considered of the Titles of the Acts of Pardon, Indemnity, and Oblivion; and for Confirmation of judicial Proceedings; and for taking away the Court of Wards; and of the several Acts in the said Bill mentioned, which either immediately, or not so directly, concerned the King's Revenue; and had compared the same with the Originals; and had made several Amendments, both in rectifying of the Titles of all these Acts, and in excluding of all the other publick Acts, which were recited in that Bill: And the Opinion of the Committee, that this Bill might pass, for confirming of the said recited Acts, with these Amendments; and that a new Bill might be prepared for the confirming of the other Acts excluded by the said Amendments: Which were now delivered in by him in Writing.

All which said Amendments being severally twice read;

Resolved, upon the Question, That this House doth agree with the Committee, to every of the said Amendments; and that the Bill for confirming of publick Acts, with the Amendments so agreed unto, be ingrossed. And

Ordered, That the same Committee do prepare and bring in another Bill for confirming of the other Acts, which were inserted in that Bill, and are now excluded: And, to that Purpose, they are to sit in the former Place at Two of the Clock this Afternoon: And to send for Witnesses, Papers, and Records.

Bills from Lords.

A Message from the Lords, by Sir Mundeford Brampston and Sir William Glascock, Two of the Masters of the Chancery.

Mr. Speaker, The Lords have returned you a Bill, intituled, An Act for securing and preserving his Majesty's Person and Government against treasonable and seditious Practices and Attempts; with some Amendments, and a Provio: Whereunto they desire your Concurrence. And

They have sent another Bill, intituled, An Act against Tumults and Disorders, upon Pretence of preparing or presenting of publick Petitions, or other Addresses, unto his Majesty, or the Parliament: Whereunto they likewise desire your Concurrence.

And both the said Bills were delivered by them at the Table.

Securing the King's Person, &c.

And the said Amendments to the Bill for securing and preserving his Majesty's Person and Government, &c. being thereupon ordered to be read:

And the first Amendment, being in the Title, after the Word "for," and before the Word "his," leave out the Words "securing and preserving," and put in these Words, "the Safety and Preservation of:" the same was twice read; and

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

And the second Amendment, being in the first Skin, 7 Line, leave out the Word "Guilt;" and, instead thereof, put in the Word "Punishment:" the same was also twice read; and

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

And the third Amendment, being in the 50 Line, after the Word "shall," and before the Word "by," put in these Words "maliciously and advisedly:" the same was also twice read; and

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

And the Fourth Amendment, being in the 51 Line, after the Word "Person," and before the Word "of," leave out the Words "or Government;" and after the Word "Majesty," and before the Word "then," put in the Words, "or the established Government;" the same was also twice read; and

Resolved, upon the Question, that this House doth agree, with the Lords, to the said Amendment.

And the 5th Amendment, being in the 53 Line, after the Word "Persons," and before the Word "shall," put in these Words, "being thereof legally convicted;" the same was also twice read; and

Resolved, upon the Question, That this House doth agree, with the Lords, to the said Amendment.

And the Sixth Amendment, being in the 2d Skin, 3 Line, after the Word "State," and before the next Word "and," put in these Words, "other than that of his Peerage;" the same was also twice read;

And the Question being put, That this House doth agree to the said Amendment;

The House was divided:

And the Yeas went forth.

The Earl of Ossory, Tellers for the Yeas: 135.
Hender Roberts Esquire, With the Yeas,
Mr. Fane, Tellers for the Noes: 192.
Mr. Mountague, With the Noes,

So the same passed in the Negative.

And the 7th Amendment, being in the 12 Line, after the Word "State," and before the Word "which," leave out the Word "both;" and, instead thereof, put in these Words "or out of any Opinion, that both Houses of Parliament, or either of them, have a Legislative Power without the King, all;" the same was twice read: And

Resolved, upon the Question, This House doth agree, with the Lords, to the said Amendment.

And the Eighth Amendment, being in the 41 Line, after the first "or," leave out these Words, "of Four of the Privy Council;" and, instead thereof, put in these Words, "by Order of the Council Table;" the same was twice read; and

Resolved, upon the Question, This House doth agree, with the Lords, to the said Amendment.

And the 9th Amendment being in the first Rider, 2d Line, after the Word "who," and before the Word "shall," put in these Words "have been, or;" the same was twice read; and

Resolved, upon the Question, This House doth agree, with the Lords, to the said Amendment.

And the 10th Amendment, being in the 6th Line, after the Word "Oblivion," and before the Word "or," put in these Words, "made in the 12th Year of his Majesty's Reign that now is;" the same was twice read; and

Resolved, upon the Question, This House doth agree, with the Lords, to the said Amendment.

And the 11th Amendment, being in the 7th Line, after the Word "Ordinances," put in these Words, "for their Indemnity, according to the true Intent and Meaning of the said Act;" the same was twice read; and

Resolved, upon the Question, This House doth agree, with the Lords, to the said Amendment.

And the 12th Amendment, being in the second Rider, first Proviso, 4 Line, after the Word "Face," and before the Word "and," leave out these Words, "if they be then living;" the same was read twice; and

Resolved, upon the Question, This House doth agree, with the Lords, to the said Amendment.

And the 13th Amendment, being in the 2d Proviso, 3d Line, after the Word "Houses," and before the Word "or," put in these Words, "or at any Conference or Committees of both, or either of, the said Houses of Parliament;" the same being twice read;

Resolved, upon the Question, This House doth agree, with the Lords, to the said Amendment.

And the 14th Amendment, being in the 4th Line, after the Word "Grievance," add these Words, "but that the said Members of either of the said Houses, and the Assistants of the House of Peers, and every of them, shall have the same Freedom of Speech, and all other Privileges whatsoever, as they had before the making of this Act; any thing in this Act to the contrary thereof in any wise notwithstanding;" the same being twice read;

Resolved, upon the Question, This House doth agree, with the Lords, to the said Amendment.

And the last Amendment, being a Proviso to be added to the End of the said Bill, which followeth in these Words; "Provided always, and be it Ordained and Enacted, That no Peer of this Realm shall be tried for any Offence against this Act, or any thing therein contained, but by his Peers, and not otherwise;" the said Proviso was twice read;

And it being put to the Question, That the said Proviso should be added to the End of the said Bill;

The same passed in the Negative.

Ordered, That a Conference be desired with the Lords touching the said Sixth Amendment; and the said Proviso wherein this House doth disagree with the Lords: And Mr. Secretary Morrice, Sir Heneage Finch, Sir Thomas Fanshaw, Sir Robert Atkins, Serjeant Charleton, Serjeant Keeling, and Mr. Yorke, are to manage the said Conference.

Tumultuary petitioning.

Ordered, That the ingrossed Bill, sent by the Lords, intituled, An Act against Tumults, &c. be read on Thursday Morning next.

And then the House adjourned till To-morrow Morning, at Eight of the Clock.