House of Commons Journal Volume 9: 11 July 1678

Jovis, 11 die Julii, 1678.

Prayers.

Privilege.

A COMPLAINT being made of a Breach of Privilege committed against Mr. Robert Roberts, a Member of this House, by one Noah Bernard, in causing John Ferrers, Servant to the said Mr. Roberts, to be arrested and detained in Prison, at Windsor; and that the Bailiffs, who arrested him, were Charles Sherley and John Blackwell; and that the Attorney's Name, who prosecutes the Suit, is Anthony Macy;

Ordered, That Mr. Speaker do summon the Parties concerned; and examine the Matter of the Complaint; and give the House an Account thereof.

Kelshall Charities.

An ingrossed Bill, sent from the Lords, intituled, An Act for Settling of certain Lands and Tenements to charitable and publick Uses, for the Benefit of the Parish of Kelshall, in the County of Suffolke, was read the Second time.

Resolved, &c. That the Bill be committed to Sir John Pettus, Sir Anth. Irby, Sir Tho. Littleton, Sir Geo. Downing, Sir Fr. Rolles, Mr. Alderman Bence, Mr. Wright, Sir Hen. Ford, Mr. Whorwood, Sir Tho. Doleman, Sir Trevor Williams, Mr. Mallet, Mr. Devereux, Sir Sam. Bernardiston, Sir John Knight, Mr. Man, Sir Wm. Thompson, Mr. Crouch, Mr. Briggs, Mr. Papillon, Sir John Coryton, Sir Wm. Lowther, Sir Tho. Higgins, Sir Rob. Cordwell, Mr. Love, Mr. Paston, and all the Members that serve for the Counties of Norfolke and Suffolke: And they are to meet this Afternoon at Two of the Clock, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.

Keels, &c. carrying Coals.

The House then proceeded to the Consideration of the Amendments, sent from the Lords to the Bill, intituled, An Act for the Admeasurement of Keels and Boats carrying Coals.

And the said Amendments being twice read;

Resolved, &c. That this House doth not agree with the Lords in the said Amendments.

Ordered, That it be referred to Sir Geo. Downing, Sir Edw. Deering, Mr. Chancellor of the Exchequer, Sir Wm. Lowther, Sir Tho. Littleton, Mr. Williams, Sir Ric. Temple, Sir John Trevor, Sir John Birkenhead, Mr. Solicitor General, Mr. Buscawen, Sir Tho. Meeres, Mr. Waller, or any Three of them, to prepare and draw up Reasons to be offered at a Conference to be had with the Lords, for not agreeing with the Lords, in the said Amendments.

Vale Navigation.

The House then took into Consideration the Amendment, sent from the Lords, to the Bill, intituled, An Act for making navigable the River Fale, alias Vale, in the County of Cornewall.

And the Amendment being thrice read;

Resolved, &c. That this House doth agree to the said Amendment: And that the Bill, with the Amendment, be returned to the Lords.

Foreign Protestants.

An ingrossed Bill, sent from the Lords, intituled, An Act for Relief of poor Protestant Strangers, was read the First time.

Resolved, &c. That the Bill be read a Second time.

Platyr's Estate.

Mr. Mallet reports from the Committee to whom the Bill sent from the Lords, intituled, An Act to enable Thomas Platyr Gentleman, to sell Lands, for Payment of Debts charged upon the same, and reimbursing him such Monies as he hath or shall lay out in repairing the Breaches made by the Inundation of the Sea; and keeping the Waters out; That the Committee had taken the Bill into Consideration; and heard all the Parties therein concerned; and had returned the Bill without any Amendment.

And the Bill being read a Third time;

Resolved, &c. That the Bill do pass: And that the Title be agreed.

Lords desire a Conference;

A Message from the Lords, by Sir Edw. Low and Sir Sam. Clerke;

And agree to Bills.

Mr. Speaker, The Lords have commanded us to attend you, to desire a present Conference with this House in the Painted Chamber, upon the Amendments made by this House to the Bill, intituled, An Act for burying in Woollen: And have commanded us to acquaint you, That they have agreed to the Amendments made by this House to the Bill to enable Creditors to recover their Debts of the Executors and Administrators of Executors, in their own Wrong; as also to the Bill for making good a Mortgage made by John Forth, deceased, to Thomas Cooke and Nicolas Carey; and for making Provision for Henry Forth, Son of the said John Forth; without any Alteration; and also to the Bill for granting an additional Duty to his Majesty upon Wines, for Three Years, without any Alteration.

And the Messengers being withdrawn;

Conference on Bill for burying in Woollen.

Resolved, &c. That this House doth agree to meet the Lords at a present Conference, in the Painted Chamber, upon the Amendments made by this House to the Bill intituled, An Act for burying in Woollen.

And the Messengers being called in;

Mr. Speaker acquaints them, That the House had agreed to meet the Lords at a present Conference in the Painted Chamber.

Ordered, That Mr. Solicitor General, Mr. Williams, Sir Rich. Temple, Mr. Waller, Mr. Treby, Sir John Talbot, Sir George Downing, Sir Tho. Meeres, Sir Hen. Ford, Sir Tho. Clergis, Mr. Powle, Sir John Trevor, do attend, and manage the said Conference.

Mr. Solicitor General reports from the Conference had with the Lords, That the Lord Chancellor did manage the Conference; and acquainted them, That the Lords had agreed to all the Amendments, except the Amendments in the 23d, 24th, 25th, 28th, and 29th Lines in the Third Press of the said Bill: Which Amendments, do relate to the Distribution of the Penalty of Five Pounds, for not being buried in Woollen: And that the Reasons which were offered, were to the Effect following;

For that the King was Creditor Pænæ; and for That this House had agreed with the Lords in the Distribution of the other Five Pounds Penalty upon the Officers for Neglecting of their Duties; and for that the Lords did conceive, that the giving the King a Part would be a Means to have the Law the better executed.

The House taking the said Amendments into Consideration;

Resolved, &c. That this House doth adhere to the said Amendments.

Ordered, That the Members who did manage the Conference, do prepare and draw up Reasons to be offered at a Conference, for adhering to the said Amendments.

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