House of Lords Journal Volume 12: 11 February 1671

DIE Sabbati, 11 die Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with a Bill;

A Message was brought from the House of Commons, by Sir George Downing and others; who brought up a Bill, intituled, "An Act for revesting the Power of granting Wine Licenses in His Majesty, His Heirs and Successors, and for settling a Recompense on his Royal Highness in Lieu thereof;" to which their Lordships Concurrence is desired.

and for a Conference on the Bill against maiming, &c.

Another Message was brought from the House of Commons, by Sir Thomas Clergis:

To desire a Free Conference, upon the Subject-matter of the last Free Conference.

The Answer returned was:

Answer.

That this House agrees to give a Free Conference, as is desired; and appoints the same to be presently, in the Painted Chamber.

Bill to revest Wine Licenses, &c. in the King.

Hodie 1^a vice lecta est Billa, "An Act for revesting the Power of granting Wine Licenses in His Majesty, His Heirs and Successors, and for settling a Recompense on his Royal Highness in Lieu thereof."

Bishops of Bangor and St. Asaph, Lead Mines Bill.

Hodie 3^a vice lecta est Billa, "An Act to enable Robert Lord Bishop of Bangor and Isaac Lord Bishop of St. Asaph, and their respective Successors for ever, to let for Three Lives, or Twenty-one Years, all Lead Mines in their Soil."

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

It was Resolved in the Affirmative.

Bill for exporting Beer, &c.

Hodie 2^a vice lecta est Billa, "An Act for exporting Beer, Ale, and Mum."

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

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

Knight's Bill.

Hodie 3^a vice lecta est Billa, "An Act for the settling the Manor of Portswood, and other Lands late of John Knight Gentleman, in the County, and Town and County, of South'ton, in John Parker Serjeant at Law, Mr. William Morgan, and William Blennerhasset of London, Gent. to be sold, for Payment of Debts."

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

It was Resolved in the Affirmative.

The Bishop of Lyncolne is added to the Committee for the Bill concerning Brandy.

Yelverton's Bill.

Hodie 2^a vice lecta est Billa, "An Act for Provision to be made for Mr. Nevill Yelverton, born after the Death of his Father Sir Henry Yelverton."

Some Debate arising, it is ORDERED, That the further Debate upon this Bill is adjourned till Tuesday next.

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

The Commons being ready for the Free Conference, the House was adjourned during Pleasure, and the Lords went to the Free Conference; which being ended, the House was resumed.

The Lord Chamberlain reported the Effect of this Free Conference; which was, "That in the Second and Third Amendments to the Bill against malicious maiming and wounding made by their Lordships, the House of Commons do agree with the Lords, for altering the ["16th of February"] to the [10th of March], and also for changing the ["14th of February"] to the ["8th of March"], so as the House of Lords will agree to add, in the 30th Line of the First Skin, after the Word ["Dominions"], this Clause:

"And be it Enacted, That the Gaol Delivery for the County of Midd. and the City of London, which is intended to be holden the Two and Twentieth of February One Thousand Six Hundred and Seventy, shall be adjourned till the said Tenth Day of March; and the Justices of the said Gaol Delivery, or any Two of them, are hereby authorized and required to adjourn the same accordingly, and that no Trials shall be there proceeded upon before the Tenth Day of March aforesaid."

"In the 8th Line of the Lords 6th Amendment, the Commons agree with the Lords in retaining the Words therein mentioned, with this Amendment, (videlicet,) instead of ["that special Manner"], to read ["in any the Manners before mentioned"].

"To the 8th Amendment, the House of Commons are not yet satisfied with the Lords Reasons for the total Omission of the Clause concerning Members of Parliament, but do think it expedient for a Bill by itself; and do therefore agree with the Lords Amendments, and do desire there may be a speedy passing of this Bill."

These Amendments, being read Twice, were Agreed to; and then the said Amendments were read the Third Time.

Sir W. Smith's Bill:

Then the Amendment made to the Lords Amendment in Sir William Smithe's Bill was read Twice, and Agreed to; and then read the Third Time.

Message to H. C. with it;--that the Lords agree to the Amendments in the Bill against maiming, &c.; and with Two Bills.

A Message was sent to the House of Commons, by Sir William Childe and Sir Tymothy Baldwin:

To acquaint them, that the Lords do agree with them in the Amendments offered at the last Free Conference, in the Bill to prevent malicious maiming and wounding.

Also to deliver to them these Bills following, and desire their Concurrence to the same:

1. The Bill concerning the Lord Bishop of Bangor and the Lord Bishop of St. Asaph.

2. The Bill concerning the selling of Lands, for Payment of Mr. Knight's Debts.

Also to let them know, that their Lordships do agree to the Amendment in the Bill concerning Sir William Smith and others.

Sir J. Recesby's Petition dismissed.

Upon Report made by the Earl of Dorsett, from the Lords Committees appointed to receive and consider of Petitions, "That their Lordships have considered of the Petition of Sir John Recesby Baronet, being an Appeal from a Dismission of his Bill in Chancery, concerning certain Lands in Ashover, in the County of Derby, heretofore belonging to Sir Thomas Recesby his Great Grandfather, and find that there is sufficient Matter in the said Petition wherefore it should be dismissed:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Sir John Recesby be, and is hereby, dismissed this House.

Poor of London, for Discovery of Frauds in Distribution of Charities, Bill.

ORDERED, That Mr. Justice Morton and Mr. Justice Raynsford are hereby appointed to assist the Lords Committees, to whose Consideration the Bill, intituled, "An Act for Discovery of such as have defrauded the Poor of the City of London of the Monies given them for their Relief at the Times of the late Plague and Fire, and for Recovery of the Arrears thereof," on Thursday the Sixteenth Day of this Instant February, at Three of the Clock in the Afternoon; and that Sir Leoline Jenkins, Judge of the Admiralty Court, be, and is hereby, appointed to be then present with their Lordships in the Prince's Lodgings.

L. Berkeley's Precedency.

ORDERED, That the Counsel of the Lord Berkeley of Berkeley, who should have been heard this Day to make Proof of his Claim of Precedency upon his Petition to His Majesty, and His Majesty's Reference of the said Petition to this House, shall be heard, upon the said Claim, at the Bar of this House, on Tuesday the Fourteenth Day of February Instant, at Ten of the Clock in the Forenoon.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 13^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.