Die Lunæ, 28 Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Epus. Lich. & Cov.
Ds. Sommers, Præses.
Dux Devonshire, Senescallus.
Dux Buckingham & Normanby.
March. Kent, Camerarius.
Comes Dorsett & Midd'x.
Viscount Say & Seale.
Ds. Howard Eff.
Bill for Sale of Lands, to discharge Debts, &c. of late Ld. Jeffries.
The Earl of Peterborow reported from the Lords
Committees, the Bill, intituled, "An Act for vesting
the Barony of Wem, and Manors of Wem and Loppington, and several Lands and Tenements, in the County
of Salop, and the Manors of Dolby and Broughton, and
Lands thereto belonging, in the County of Leicester,
and the Manor of Fulmer, and several Lands and Tenements, in the County of Bucks, late the Estate of
George late Lord Jeffreys, deceased, in Trustees, to be
sold, for Payment of Debts and Portions, and other
Purposes therein mentioned," as fit to pass, with
Which were read Twice, and agreed to; and the
Bill ordered to be engrossed, with the said Amendments.
Relief of Noncommission Officers and Soldiers, &c. Bill.
vice lecta est Billa, intituled, "An Act
for the Relief of the Non-commission Officers and
Soldiers of the respective Companies of the Three
Regiments of Colonel Thomas Handasyde, Colonel
John Livesay, and Lieutenant General Erle, and
the Four Independent Companies at New York, in
Yorkshire Cloth Bill.
vice lecta est Billa, intituled, "An Act
for the better ascertaining the Lengths and Breadths
of Woollen Cloth, made in the County of York."
Ordered, That the Consideration of the said Bill
be committed to a Committee of the whole House, Tomorrow, at Eleven a Clock.
Commissions of Sewers, Bill.
vice lecta est Billa, intituled, "An Act for
rendering more effectual the Laws concerning Commissions of Sewers."
Middlesex Register Bill.
Then the House (pursuant to Order) was adjourned
during Pleasure, and put into a Committee upon the
Bill, intituled, "An Act for the public registering of
all Deeds, Conveyances, and Wills, that shall be made
of, or that may affect, any Honours, Manors, Lands,
Tenements, or Hereditaments, within the County of
Midd'x, after the Day of."
After some Time spent therein, the House was resumed.
And the Earl of Stamford reported, "That the Committee of the whole House had made some Progress in
the Bill; and desire another Time may be appointed,
for the House to be in a Committee again, to proceed
Ordered, That the House be put into a Committee
again, to proceed further on the said Bill, To-morrow,
at Twelve a Clock.
Bill for Improvement of the Union:
vice lecta est Billa, intituled, "An Act for
improving the Union of the Two Kingdoms."
Rider offered to be added to it, concerning Trials for Treason:
Then a Rider was offered, to be added to the Bill.
Which was read, as follows; (videlicet,)
"Provided always, and be it Enacted, by the Authority aforesaid, That no Person shall be tried for High
Treason, or Misprison of High Treason, unless a
Copy of his Indictment, together with all the Witnesses Names endorsed upon it, as it shall come from
the Grand Jury, shall be delivered to the Prisoner
Five Days at the least before the Trial of the said
Then this Question was put, "Whether this Rider
shall be read a Second Time?"
It was Resolved in the Negative.
Protest against rejecting it.
"We conceive it not for the Safety of the Subject,
that the Names of those Witnesses Which shall appear
endorsed on the Indictment when it comes from the
Grand Jury shall be concealed from the Prisoner; who,
by receiving Notice of such Witnesses Five Days before
his Trial, may be enabled to discredit them, if
he be innocent; and yet not enabled to escape, in case
he be guilty.
Then the Question was put, "Whether this Bill
It was Resolved in the Affirmative.
Protest against it:
"We humbly take Leave to protest against the
Title, Preamble, and Body of this Bill, for
the Reasons following:
"1. We conceive the general Title of this Bill very
improper, because it does not express the particular
Purposes of it; which are, altering the Laws of the
Northern Part of Britain, and the Method of Trials
in Matters relating to Treason; and because we apprehend this Act will be so far from answering its
Title, of improving the Union, that, we are humbly
of Opinion, and sincerely persuaded, it may have a
quite contrary Effect.
"2dly. The Preamble of this Bill may happen to
give unnecessary Grounds of Suspicion to mistaken
People, that there is a Tendency towards a total Alteration of the Laws of Scotland; which cannot but
create great Uneasiness to that People, who rested in
a Confidence that their private Laws were secured to
them by the Articles of Union, so as not to be altered
without the evident Utility of the People of Scotland.
"3dly. It does not appear to be necessary, that new
Courts and Jurisdictions should be created, in a Country
where the Courts of Justiciary were to be preserved
in the Exercise of their Authority by the Articles of
Union; though it might be thought reasonable that
the same Facts and Offences might be esteemed Treason and Misprision of Treason, and that the Punishments might be likewise the same. And we do humbly
conceive, that the Commissions of Oyer and Terminer may be construed an imparing of the Authority
of the Courts of Justiciary in Scotland; and the entire
Alterations of the Methods of Trials may render it
very difficult to prosecute any Person for the Crimes
of Treason, and very insecure for the People, who are
to make their Defence in unknown Methods.
"4thly. The general Description of Treason in this
Act, without specifying either the particular Facts
that shall be accounted treasonable, or the particular
Laws to be established in both Kingdoms, is a just
Exception against the Bill; for it would have been a
great Satisfaction to the People of North Britain, if
these Laws had been reviewed in a Parliament, where
their Representatives might have had the Time to
have examined the Reasonableness of them, and had
a Share in passing them; but the enacting all the Laws
in Gross as the Laws of England, without entering
into any Detail or Consideration of them, may create
"5thly. The present Laws of Scotland in relation to
the Forfeitures ought to have been considered as
established upon the most solemn Foundations, since
they were settled upon the Tender of the Crown to
King William, and accordingly passed into Laws at
that Time; which the Subjects might well conclude
they should never be deprived of: But the Proviso
in this Act relating to Marriage Settlements is only a
Remedy in Part, and but a Share of the just Provisions made on Behalf of the Subjects in that remarkable and happy Revolution, which so much improved
the Constitution of both Kingdoms.
"Lastly, we conceive, that whereas the Qualifications for a Juryman, to be sworn upon the Pannel, is
by this Act fixed to the Possession of Forty Shillings
per Annum, it ought to have been kept up to what
the Law of England now ordains in Trial; which is,
that the Juryman be seised of Ten Pounds per Annum
in his own Right, or that of his Wife's.
Message to H. C. with the Bill.
A Message was sent to the House of Commons, by
the Lord Chief Baron Ward and Mr. Baron Lovel:
To carry down the said Bill, and desire their Concurrence thereunto.
Judges to make a Collection of Statutes in Force relating to High Treason.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges do forthwith make a Collection and Transcript of all the Statutes
now in Force, relating to High Treason, and Misprision
of High Treason, and lay the same before this House,
in order to the printing and publishing thereof, for the
better Information of the People of the Kingdom of
Great Britain in relation to those Laws.
Privileges of Ambassadors, &c. Bill.
Ordered, That on Friday next, at Twelve a Clock,
this House shall be put into a Committee again, to proceed on the Bill, intituled, "An Act for preserving the
Privileges of Ambassadors, and other Public Ministers,
of Foreign Princes and States."
Message from H. C. to return the Earl of Plimouth's Bill.
A Message was brought from the House of Commons, by Mr. Windsor and others:
To return the Bill, intituled, "An Act to vest the
Estate, which came to the Right Honourable Other
Earl of Plimouth by his Mother, in Trustees to be
sold, for raising Money, to pay off Debts charged upon
his Paternal Estate; and to enable him to cut Coppices;" and to acquaint this House, that they have
agreed to their Lordships Amendments made to the
Exportation of Corn, to be considered.
Ordered, by the Lords Spiritual and Temporal in
Parliament assembled, That on Thursday next this House
shall take into Consideration the Subject-matter of transporting Corn at this Time.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
vicesimum nonum diem instantis Martii, hora undecima
Auroræ, Dominis sic decernentibus.