House of Lords Journal Volume 13
14 April 1677

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1767-1830

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'House of Lords Journal Volume 13: 14 April 1677', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 115-118. URL: http://british-history.ac.uk/report.aspx?compid=11465 Date accessed: 25 October 2014.


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DIE Sabbati, 14 die Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. Durham.
Epus. Winton.
Epus. Sarum.
Epus. Petriburg.
Epus. Ely.
Epus. Bristol.
Epus. Bath & Wells.
Epus. Chester.
Epus. Bangor.
Epus. Chichester.
Epus. Landaff.
Epus. Lyncolne.
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Monmouth.
Dux Newcastle.
Marq. Winton.
Marq. Worcester.
Marq. Dorchester.
L. Great Chamberlain.
Comes Marescallus Angliæ.
L. Steward.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntington.
Comes Bedford.
Comes Suff.
Comes Dorset.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Petriburg.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes Cardigan.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Powis.
Comes Guildford.
Comes Midd.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Yarmouth.
Vicecomes Newport.
Ds. Awdley.
Ds. Berkeley B.
Ds. Morley.
Ds. Stourton.
Ds. Chandos.
Ds. Sandys.
Ds. Windsor.
Ds. Eure.
Ds. Paget.
Ds. Petre.
Ds. Arundell de Ward.
Ds. Tenham.
Ds. Grey de Wark.
Ds. (fn. *) Maynard.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Carington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Wotton.
Ds. Cornwallis.
Ds. Delamer.
Ds. Fretchvile.
Ds. Arundell T.
Ds. Butler M. P.
Ds. Duras.
Ds. Butler West.
Ds. Grey de Roll.

PRAYERS.

Heads for a Conference on the Supply Bill for building Ships of War.

The Lord Treasurer reported from the Committee appointed to consider and prepare Heads fit to be insisted upon at a Free Conference with the House of Commons, concerning the Matter of the Conference Yesterday, touching the Amendments in the Bill for raising Money for the Building of Thirty Ships of War, what they had prepared for that Purpose; which were read, as follow:

"That the Lords could not but observe, that several Things were delivered by the Commons, at the last Conference, foreign to the present Matter; and wherein they conceive there were divers Mistakes, of which the Lords are not willing to take Notice, both because they will do nothing which may create unnecessary Differences, and that they would keep themselves only to the present Business before them.

"That the several Acts be opened and observed, wherein some speak of accompting to Lords and Commons; all of them mention an Accompt to the Parliament, which is the same Thing.

"And these Amendments now offered are the same Thing also, unless it be thought that the Lords be no Part of the Parliament.

"If there be an Apprehension that Accompts may not be this Way pursued, which looks as if the Accompts were to be jointly taken, how easy is it by Consent of both Houses to add ["or either of them"]:"

The House agreed to this Report, and ordered it to be the Ground of the Matter to be insisted on at the Free Conference.

Message to H. C. for this Conference.

A Message was sent to the House of Commons, by Sir John Franklyn and Sir John Hoskins:

To let them know, That the Lords desire a present Free Conference with the House of Commons in the Painted Chamber, upon the Amendments to the Bill for raising the Sum of Five Hundred Eighty-four Thousand Nine Hundred Seventy-eight Pounds, Two Shillings, and Two Pence Half-penny; concerning which Amendments the Two last Conferences were had.

Additional Excise Bill.

Hodie 2a vice lecta est Billa, "An Act for an additional Excise upon Beer, Ale, and other Liquors, for Three Years."

ORDERED, That this Bill be read again this Afternoon.

Cobham-house Bill.

The Earl of Peterborough reported the Bill concerning the enabling Trustees to raise Money upon Cobham House and Park, as fit to be engrossed, with some Amendments.

Which, being read Twice, were Agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Standish's Bill.

Hodie 2a vice lecta est Billa, "An Act to enable Trustees to sell Lands, for Payment of the Debts of Edward Standish Esquire."

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

E. Derby.
E. Huntington.
E. Suff.
E. Dorset.
E. Bridgwater.
E. North'ton.
E. Rivers.
E. Peterborough.
E. Scarsdale.
E. Cardigan.
E. Carlile.
E. Craven.
E. Aylesbury.
E. Burlington.
E. Powis.
Vicecomes Conway.
Vicecomes Hallyfax.
Vicecomes Newport.
Epus. Durham.
Epus. Winton.
Epus. Sarum.
Epus. Peterburg.
Epus. Bristol.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Chichester.
Epus. Landaff.
Epus. Lyncolne.
Epus. Exon.
Ds. Stourton.
Ds. Paget.
Ds. Petre.
Ds. Gerard Brand.
Ds. Grey de Wark.
Ds. Coventry.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Carington.
Ds. Ward.
Ds. Lucas.
Ds. Rockingham.
Ds. Delamer.
Ds. Fretchvile.
Ds. Grey de Roll.

Their Lordships, or any Five of them; to meet at One of the Clock this Afternoon, in the Prince's Lodgings; and to adjourn as they please.

Cobham-house Bill.

Hodie 3a vice lecta est Billa, "An Act to enable Trustees to raise Money upon Cobham House and Parke."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir John Hoskins:

To deliver the Bill to enable Trustees to raise Money upon Cobham House and Parke, and desire their Consent thereunto.

The Messengers sent to the House of Commons return with this Answer:

That they will give a Free Conference, upon the Subject-matter of the Message.

Underhill, D. York's Servant, released.

Whereas Cave Underhill, Servant to his Royal Highness the Duke of Yorke hath been arrested, and is detained in Prison, now sitting the Parliament, contrary to the Privilege of Parliament, at the Suit of William Allen, by James Wytham and others:

It is ORDERED, That the said Cave Underhill be, and is hereby, discharged from his said Imprisonment at the Suit of the said William Allen, in whose Custody soever the said Cave Underhill now is: And this shall be a sufficient Warrant on that Behalf.

To the Sheriffs of London and Midd. and all other their Under-officers and Deputies, who are or may be any Way concerned therein.

Wytham and others released.

Whereas James Wytham Bailiff was this Day brought to the Bar, as a Delinquent, for arresting and detaining in Prison Cave Underhill Servant to his Royal Highness the Duke of Yorke, now sitting the Parliament, contrary to the Privilege of Parliament, where he acknowledged his Offence, and, having received the Reprehension of the House, begged the Pardon of this House, and of his Royal Highness the Duke of Yorke for the same:

It is ORDERED, That so soon as the said Cave Underhill shall be at Liberty from the said Arrest, according to the Order of this House bearing equal Date herewith, the said James Wytham shall be discharged from his present Restraint for his said Offence, paying his Fees: And this shall be a sufficient Warrant on that Behalf.

To the Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.

Barret versus L. Loftus.

Whereas this House had appointed to hear Counsel, at the Bar, on the First Monday of the Sitting of the Parliament next after Easter Weeke, upon the Allegations of Dacre Barret, alias Lennard, Esquire, depending in this House against the Lord Viscount Loftus of Ely in the Kingdom of Ireland, and such Answer as the said Lord Viscount Loftus shall put in thereunto to be left in the Hands of the Clerk of the Parliaments according to an Order of this House of the Sixth Instant:

It is this Day ORDERED, That this House doth hereby appoint to hear Counsel on both Parts peremptorily, in the said Cause, on Monday in the Second Week of the Meeting of the Parliament after the Beginning of October next, at Ten of the Clock in the Forenoon, without any further Notice to be given either to the said Lord Viscount Loftus, or his Agent in the said Cause, who are to take Notice hereof at their Perils.

Sir Scroope How versus E. Rutland.

Whereas this House had appointed to hear Counsel at the Bar, on both Parts, upon the Matters in Difference between the Earl of Rutland and Sir Scroope How, on the First Wednesday of the Sitting of the Parliament next after Easter Weeke:

It is this Day ORDERED, That this House will hear Counsel on both Parts, at the Bar, upon the said Matters in Difference (which by the Earl of Rutland and Sir Scroope How are submitted to the Judgement of this House), on Tuesday in the Second Week of the Sitting of the Parliament after the Beginning of October next; and that in the mean Time it be, and is hereby, recommended to his Highness the Duke of Cumberland, the Lord Privy Seal, the Duke of Monmouth, the Marquis of Winchester, Lord Steward, and the Lord Chamberlain of His Majesty's Household, the Earl of Bridgwater, the Lord Viscount Stafford, and the Lord Viscount Hallyfax, to endeavour the composing of the said Differences between the Earl of Rutland and Sir Scroope How before that Time, if they can.

The Lord Bishop of Durham and the Lord Bishop of Sarum were added to be Managers of the Free Conference.

Free Conference on the Supply Bill for building Ships of War.

The Gentleman Usher acquainting the House that the Commons were in the Painted Chamber, ready for the Free Conference, the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of it.

The Lord Chancellor reported, "That the Managers of the Free Conference have delivered what they had in Command, and had left the Bill with the Commons."

Vacat per Ordinem 13tii Novembris, 1680, corum

J. Bridgewater.
P. Bath & Wells.
Wm. Peterborough.
Tho. Exon.

*********

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quarta, Dominis sic decernentibus.

Post meridiem.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. Durham.
Epus. Winton.
Epus. Sarum.
Epus. Petriburgh.
Epus. Ely.
Epus. Bristol.
Epus. Bath & Wells.
Epus. Chester.
Epus. Bangor.
Epus. Chichester.
Epus. Landaff.
Epus. Lyncolne.
Epus. Exon.
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Monmouth.
Dux Newcastle.
Marq. Winton.
Marq. Worcester.
L. Great Chamberlain.
Comes Marescallus Angliæ.
L. Steward.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntington.
Comes Bedford.
Comes Suffolk.
Comes Dorset.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Petriburg.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes Cardigan.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Powis.
Comes Guildford.
Comes Midd.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Newport.
Ds. Awdley.
Ds. Berkeley.
Ds. Morley.
Ds. Stourton.
Ds. Sandys.
Ds. Windsor.
Ds. Eure.
Ds. Paget.
Ds. Chandos.
Ds. Petre.
Ds. Arundell de Ward.
Ds. Tenham.
Ds. Grey de Wark.
Ds. Maynard.
Ds. Coventry.
Ds. Howard Esc.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Carington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Wotton.
Ds. Cornwallis.
Ds. Delamer.
Ds. Fretchvile.
Ds. Arundell Trer.
Ds. Butler M. P.
Ds. Duras.
Ds. Butler West.
Ds. Grey de Roll.

PRAYERS.

Fire inSouthwark, Judicature Bill.

The Lord Bishop of Sarum reported from the Committee, the Bill for erecting a Judicature in Southwark; and their Opinion is, That the said Bill do pass as it is.

Then a Petition from the Lord Mayor of the City of London was read, desiring to be heard, by Counsel, at the Bar, before the passing of the said Bill.

But in regard the City of London had been heard before the Lords Committees by Counsel, and for other Reasons, this Petition was rejected.

Hodie 3a vice lecta est Billa, "An Act for erecting a Judicature to determine Differences touching Houses burnt and demolished by the late dreadful Fire in Southwarke."

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

It was Resolved in the Affirmative.

Protest against it.

Dissentiente,

"Stafford."

Additional Excise Bill.

Hodie 2a vice lecta est Billa, "An Act for an additional Excise upon Beer, Ale, and other Liquors, for Three Years."

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

It was Resolved in the Affirmative.

Standish's Bill.

Hodie 3a vice lecta est Billa, "An Act to enable Trustees to sell Lands, for the Payment of the Debts of Edward Standish Esquire."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have passed these Bills.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir John Francklin:

To signify to them, that the Lords have passed these Bills following; videlicet,

The Bill for erecting of a Judicature in Southwark.

The Bill for an additional Excise upon Beer, Ale, and other Liquors, for Three Years.

The Bill for selling of Lands, for Payment of the Debts of Edward Standish Esquire.

Baptizing Instants, Bill.

Hodie 3a vice lecta est Billa, "An Act concerning Baptism and Catechizing."

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

It was Resolved in the Affirmative.

Squib's Bill.

A Message was brought from the House of Commons, by Mr. Mallet and others; who brought up a Bill sent down, concerning the selling of Lands of Laurance Squibb deceased; to which the Commons do agree, without any Alterations.

Message from H. C. for a Conference, on the Supply Bill for building Ships.

A Message was brought from the House of Commons, by the Lord O'Brian and others:

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

The Answer returned was:

Answer.

That the Lords have considered of their Message, and will give a Free Conference; and do appoint the same to be on Monday Morning next, at Ten of the Clock, in the Painted Chamber.

Bill against clandestine Marriages.

The Committee for the Bill to prevent clandestine Marriages are to meet on Monday Morning next, at Nine of the Clock.

E. of Burlington, Privilege.

Whereas John Robinson, James Wastell, and William Hudswell, were this Day brought to the Bar, as Delinquents, for their contemptuous Behaviour and Words, against an Order of this House, dated the Ninth Instant; where pleading Ignorance, they acknowledged their said Offences; and humbly begged the Pardon of this House for the same:

Hudswell & al. discharged.

It is ORDERED, That the said John Robinson, James Wastell, and William Hudswell, who have received the Reprehension of this House, be, and are hereby, discharged from their present Restraint for their said Offences, paying their Fees; and this shall be a sufficient Warrant on that Behalf.

To the Gentleman Usher of the Black Rod, &c.

D. of York, Privilege.

Whereas William Allen, being this Day brought to the Bar, as a Delinquent, for causing Cave Underhill, Servant to his Royal Highness the Duke of Yorke, to be arrested, sitting the Parliament, contrary to the Privilege of Parliament; where he acknowledged his Offence, and humbly begged the Pardon of this House, and of his Royal Highness the Duke of Yorke:

Allen discharged.

It appearing that the said Cave Underhill by the said William Allen is discharged from the said Arrest; it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Allen be, and is hereby, discharged from his present Restraint for his said Offence, paying his Fees: And this shall be a sufficient Warrant on that Behalf.

To the Gentleman Usher of the Black Rod, &c.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ 16um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.

Footnotes

* Bis in Originali.