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.