House of Lords Journal Volume 12: 7 February 1671

DIE Martis, 7 die Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

PRAYERS.

E. of Peterborough's Privilege.

Upon Complaint made to this House, and Affidavit thereof, "That, contrary to the Privilege of Parliament claimed by the Earl of Peterborough, some Proceedings have been had against his Lordship's Tenants of the Manors of Chellington, Stagisden, and Clifton Reynes, in the Counties of Bedford and Bucks, in the last Michaelmas Terme and in this Term; and that certain Rules of the Court of King's Bench are in this Term directed for Judgement to be entered against some of the said Tenants of the Manors aforesaid, contrary to the Privilege of Parliament:"

Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That there shall be no further Proceedings had against any of the said Tenants of the Earl of Peterborough till further Order of this House; whereof Notice is to be taken by all Judges and Officers of Courts of Justice, and by all Counsellors, Attornies, and Solicitors, employed, or to be employed, in or about the said Proceedings, being served with this Order.

Walley versus Cutler.

ORDERED, That Counsel in the Cause between Cutler and Walley shall be heard on Thursday come Sevennight.

L. Berkeley's Precedency.

ORDERED, That the Counsel of the Lord Berkeley of Berkley shall be heard on Saturday Morning next, at Ten of the Clock.

Report of the Conference on the Bill against maiming and wounding.

The Earl of Anglesey (with the Assistance of the other Lords that were the Managers) reported the Effect of the late Free Conference with the House of Commons, and the Reasons which were given on both Parts, concerning the Amendments in the Bill to prevent malicious Maiming and Wounding; which being very many and long, the Result was as follows:

"1. Whereas the Lords say, To the 2d and 3d Amendments, to which the Commons do not agree, their Lordships are not satisfied with the Reasons given by the House of Commons; the Commons say, They are not satisfied with the Reasons given by the House of Lords.

"2. Whereas the Lords do not agree to the Commons Amendment in the 8th Line of their Lordships Amendment, for leaving out the Words ["with Intention in so doing to maim or disfigure in that special Manner such His Majesty's Subject"], the Commons are not satisfied with the Reasons given by the House of Lords.

"3. Whereas the Lords say, to the leaving out of the Clause in the Bill from the 6th Line of the Third Press to the Word ["Provided"] in the 27th Line (to which the House of Commons do not agree), that their Lordships are not satisfied with the Reasons given by the House of Commons, the Commons say, they are not satisfied with the Reasons given by the House of Lords.

"In the rest of the Amendments, the Commons are satisfied, and do agree with their Lordships."

Bill against maiming, &c.

This House taking this Report into Consideration;

The Question being put, "Whether to put a certain Day of the Month in the Second and Third Amendments in the Bill to prevent malicious maiming and wounding?"

It was Resolved in the Affirmative.

ORDERED, That the certain Day shall be the Tenth Day of March next.

To the Second Clause, concerning the Words ["with Intention in so doing to maim or disfigure in that special Manner such His Majesty's (fn. 1) Subject] to which the House of Commons do not agree with their Lordships; after Debate thereof, their Lordships thought sit these Words should stand.

ORDERED, That this House will proceed in the Consideration of the Remainder of this Report Tomorrow Morning, the First Business.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 8um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.