House of Lords Journal Volume 11: 25 July 1663

DIE Sabbati, 25 die Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with a Bill; and to return Three.

A Message was brought from the House of Commons, by Sir Thomas Meares and others; who brought up a Bill explanatory, for recovering the Arrears of Excise, whereunto their Lordships Concurrence is desired.

2. To return Three Bills sent down from their Lordships with Amendments and Alterations, to which they concur; videlicet,

1. The Bill concerning settling the Forces of this Kingdom.

2. The Bill concerning Herring and other Fisheries.

3. The Bill concerning the loyal and indigent Commission Officers.

Report of the Conference on the Excise Bill.

The Lord Privy Seal reported the Effect of the Free Conference Yesterday with the House of Commons, concerning the additional Act for better ordering and collecting the Duty of Excise; and shewed the Particulars to which the Commons do agree with the Lords, and wherein they adhere as it is in the Bill.

And, after Consideration thereof,

The Question being put, "Whether to agree with the House of Commons in their Amendments?"

It was Resolved in the Affirmative.

Message to H. C. for a further Conference about it.

A Message was sent to the House of Commons, by Sir William Childe and Sir Wm. Glascock:

To desire a present Free Conference, in the Painted Chamber, concerning the Matter of the late Free Conference, touching the Amendments in the additional Act for better ordering the Duty of Excise.

Excise Arrears Bill.

Hodie 1^a et 2^a vice lecta est Billa, "An explanatory Act for Recovery of the Arrears of Excise."

Message from H. C. for a Conference on the D. of York's Bill.

A Message was brought from the House of Commons, by Mr. Coventry and others:

To desire a Free Conference, concerning the Matter of the late Free Conference, touching the Bill for granting of Wine Licenses.

The Answer returned was:

Answer.

That this House will give a present Free Conference, in the Painted Chamber, upon the Matter of the late Free Conference, concerning Wine Licenses.

The House was adjourned during Pleasure; and the Lords went to the Free Conference with the House of Commons.

The said Conference being ended, the House was resumed.

Report of the Conference.

Then the Lord Privy Seal reported, "That whereas the Commons had received from their Lordships Reasons for leaving out the Proviso concerning Wine Licenses, to which they conceive they might return an Answer; yet the Commons say, in regard of the Shortness of Time now, and the Worthiness of the Person whom it concerns, they do agree with their Lordships concerning their Desires touching that Bill."

Excise Arrears Bill.

Hodie 3^a vice lecta est Billa, "An Act explanatory for Recovery of the Arrears of Excise."

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

It was Resolved in the Affirmative.

Bill to amend the Act of Uniformity.

Next, the Earl of Bridgwater reported from the Committee, the Bill for Relief of such Persons as, by Sickness or other Impediment, were disabled from subscribing the Declaration in the Act of Uniformity, and Explanation of Part of the said Act; wherein the Committee made some Alterations and Amendments, and have added a Clause, which are offered to the Consideration of this House.

The Amendments and Alterations were read Twice, and Agreed; and then the Clause was read, as follows:

"And be it Enacted and Declared, by the Authority aforesaid, That the Declaration and Subscription of Assent and Consent in the said Act mentioned shall be understood only as to the Practice and Obedience to the said Act, and not otherwise."

And the Question being put, "Whether to agree with the Committee in this Clause?"

It was Resolved in the Affirmative.

Memorandum, Before the putting of the aforesaid Question, divers Lords desired Leave to enter their Protestation, if the Question was resolved in the Affirmative: Which the House granted; and accordingly this Protestation was made by these Lords following; (videlicet,)

Protest against a Clause in it.

"In regard we conceive that this Clause in the Act, videlicet, ["And be it Enacted and Declared, by the Authority aforesaid, That the Declaration and Subscription of Assent and Consent in the said Act mentioned shall be understood only as to the Practice and Obedience to the said Act, and not otherwise,"] is destructive to the Church of England as now established, we therefore have entered our Protestation against that Clause:

"James.
Peterburgh.
Derby.
Northampton.
Mordaunt.
Dorsett.
J. Bridgewater.
Berkshire.
Cha.
Gerard.
T. Culpeper.
W. Maynard.
Cornwallis.
J. Lucas.
Jo. Berkeley."

Next, the last Clause in the aforesaid Bill was read, in these Words; videlicet,

"Be it Declared and Enacted, by the Authority aforesaid, That the Penalties by the said Act to be inflicted upon any Person disabled by the said Act to preach, for any Offence against the said Act, shall in like Manner be inflicted upon every Person so offending, that is prohibited by the said Act to preach; any Thing, Doubt, or Ambiguity, in the said Act, to the contrary notwithstanding."

The Question being put, "Whether to have this last Clause in this Bill to stand?"

It was Resolved in the Affirmative.

Adjourn.

Dominus Custos Privati Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quinta post meridiem, Dominis sic decernentibus.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bill to amend the Act of Uniformity.

Hodie 3^a vice lecta est Billa, "An Act for Relief of such Persons as, by Sickness or other Impediment, were disabled from subscribing the Declaration in the Act of Uniformity, and Explanation of Part of the said Act."

The Question being put, "Whether this Bill, with the Amendments and Addition now read, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it, and the Temporalty Subsidy Bill.

A Message was sent to the House of Commons, by Sir Thomas Escourt and Sir Toby Wolrich;

To deliver to them these Two Bills:

1. The Bill for Relief of such Persons as, by Sickness, &c. are disabled from subscribing the Declaration in the Act of Uniformity, and to desire their Concurrence to the Amendments and Addition therein.

2. To return the Bill for granting Four entire Subsidies to His Majesty from the Temporalty, and desire their Concurrence to the Addition thereunto.

Ld. Mollineux's Bill.

Hodie 1^a vice lecta est Billa, "An Act for making void certain Conveyances made by Carryll Lord Mollineux in the late Times."

Bill for better collecting Hearth money.

Next, the Lord Ashley reported the Bill concerning better ordering and collecting the Hearth-money, with some Amendments and Provisos added; which being read Twice and debated, the Lord Treasurer and the Earl of Bridgwater were appointed presently to withdraw, and make a small Addition therein according to the Debate of the House, and report the same.

Linen and Tapestry Bill.

The Lord Ashley reported the Bill for the encouraging the Manufacture of Linen Cloth and Tapestry, with some Amendments; which, being read Twice, were Agreed to.

Hodie 3^a vice lecta est Billa, "An Act for encouraging the Manufacture of Linen Cloth and Tapestry."

The Question being put, "Whether this Bill, with the Amendments now read, shall pass?"

It was Resolved in the Affirmative.

Pitcarne's Bill.

Hodie 2^a vice lecta est Billa, "An Act for confirming a Deed made by Charles Pitcarne Esquire."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Their Lordships, or any Five of them; to meet on Monday Morning next, at Eight of the Clock, in the Prince's Lodgings.

Ld Mollineux's Bill.

Hodie 2^a vice lecta est Billa, "An Act for making void certain Conveyances made by Caryll Lord Mollineux in the late Times."

ORDERED, That the Consideration of this Bill is committed to the same Committee as Mr. Pitcarne's Bill is.

Bill for better collecting Hearth-money.

The Earl of Bridgwater reported from the Committee the Alteration in the Bill concerning Hearth-money; which, being read Twice, was Agreed to.

Hodie 3^a vice lecta est Billa, "An additional Act for the better ordering and collecting the Revenue arising by Hearth-money."

The Question being put, "Whether this Bill now read, with the Amendments and Provisos, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it, and the Linen, &c. Bill.

A Message was sent to the House of Commons, by Sir Thomas Escourt and Sir Toby Wolrich:

To deliver Two Bills, which came from the Commons, wherein the Lords have made some Alterations and added some Provisos, to which their Concurrence is desired:

1. The Bill concerning the Manufacture of Linen Cloth.

2. The Bill concerning Hearth-money.

Bedford Level Bill.

A Message was brought from the House of Commons, by the Lord Gorge and others; who brought up the Bill concerning Bedford Levell, which was sent down with Amendments and Provisos; to all which the Commons do agree.

Message from H. C. with the Bill for Encouragement of Trade.

A Message was brought from the House of Commons, by Sir Thomas Gore and others; who returned the Bill for Encouragement of Trade, sent down with some Amendments, whereunto they concur with their Lordships.

Ld. Abergaveny and Dowager Lady Abergaveny.

The Lord Ashley reported, "That the Lords to whom the Composure of the Differences between the now Lord of Abergaveny and the Lady Dowager was referred by Consent of both Parties having heard both Sides, their Lordships are of Opinion, That the said Lady Dowager ought to have Dower out of the Lands in the Possession of the Lord of Abergaveny."

But herein the House gave no Resolution.

Ld. Morley versus Cranfield, Privilege.

Whereas the House is informed, "That there is a Suit commenced in the Prerogative Court, by Edward Cranfeild, for revoking of Letters of Administration heretofore granted to Elizabeth Cranfeild his Mother, in which Suit the Lord Morley, a Peer of this Realm and Lord of Parliament, is immediately concerned:"

It is therefore ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That there shall be no further Proceedings in the said Suit, nor the said Elizabeth Cranfeild molested, during the Privilege of Parliament; and hereof the Judge of the said Court, and all Counsellors, Proctors, and Solicitors, and all other Persons therein any Way concerned, are to take Notice, and yield their Obedience hereunto, as the contrary will be answered to this House.

Adjourn.

Dominus Custos Privati Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 27^um diem instantis Julii, hora nona Aurora, Dominis sic decernentibus.