House of Lords Journal Volume 13
16 April 1677

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 13: 16 April 1677', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 118-121. URL: http://british-history.ac.uk/report.aspx?compid=11466 Date accessed: 27 November 2014.


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DIE Lunæ 16 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. Rochester.
Epus. Norwich.
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 Albemarle.
Dux Monmouth.
Dux Newcastle.
Marq. Winton.
Marq. Worcester.
Marq. Dorchester.
L. Great Chamberlain.
L. Steward.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntington.
Comes Bedford.
Comes Dorset.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Bristoll.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Petriburgh.
Comes Strafford.
Comes Scarsdale.
Comes Rochester.
Comes Clarendon.
Comes Cardigan.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Powis.
Comes Guildford.
Comes Midd.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Yarmouth.
Vicecomes Newport.
Ds. Awdley.
Ds. Berkeley.
Ds. Morley.
Ds. Stourton.
Ds. Sandys.
Ds. Windsor.
Ds. Paget.
Ds. Petre.
Ds. Arundell de Ward.
Ds. Tenham.
Ds. Maynard.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brand.
Ds. Wotton.
Ds. Cornwallis.
Ds. Delamer.
Ds. Fretchvile.
Ds. Arundell de Trer.
Ds. Butler M. P.
Ds. Duras.
Ds. Butler West.
Ds. Grey de Roll.

PRAYERS.

Report of the Conference, on the Supply Bill for building Ships of War.

The Gentleman Usher signifying to 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 Free Conference; which being ended, the House was resumed.

The Lord Chancellor gave the House a short Account, to this Effect:

"That there hath been much. Time spent at the Free Conferences, and many Arguments on both Parts; yet the Result of the Commons is, That they do not agree with their Lordships in the Amendments."

Lords Right to amend Money Bills.

The House, after Consideration thereof, are of Opinion, "That, notwithstanding all the Arguments urged by the Commons at the Free Conferences against their Lordships Right of making these Alterations, their Lordships are not convinced, but that their Right remains good: But, considering the Danger the Safety of the King and Kingdom would be in, if this Bill should not now pass for the raising of Money for building Thirty Ships of War, for the Defence of the Kingdom; if it should be carried by Vote for leaving out the Amendments in Difference; it is agreed, That then this House will make an humble Address to His Majesty, to express their Duty and Fidelity to Him, that, for His Service, their Lordships have laid aside for this Time so great a Right."

Then,

Protest against leaving out Amendments made by this House.

The Question being put, "Whether these Words "["Lords and"], which have hitherto been insisted upon, shall be left out?"

It was Resolved in the Affirmative.

Dissentientibus,

"Bedford.
Derby. Dorsett. J. Bridgewater. Howard E. of Bercks.
Rivers.
Halifax.
Ch. Grey de Roll.

Address to be presented to the King, about waving the Amendments.

Then the Lord Treasurer, the Lord Privy Seal, the Lord Steward, and the Lord Viscount Hallyfax, were appointed to draw up an humble Address, to be presented to His Majesty, and to offer the same to the Consideration of the House, in the Afternoon.

Small Tithes Bill.

Hodie 2a vice lecta est Billa, "An Act for the more easy Recovery of Small Tithes."

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. Petriburg.
Epus. Norwich.
Epus. Ely.
Epus. Bristol.
Epus. Bath & Wells.
Epus. Chester.
Epus. Bangor.
Epus. Chichester.
Epus. Landaff.
Epus. Lyncoln.
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Dux Monmouth.
Dux Newcastle.
Marq. Winton.
Marq. Worcester.
L. Great Chamberlain.
L. Steward.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntington.
Comes Bedford.
Comes Dorset.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Petriburgh.
Comes Strafford.
Comes Scarsdale.
Comes Rochester.
Comes Clarendon.
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 Yarmouth.
Vicecomes Newport.
Ds. Awdley.
Ds. Berkeley.
Ds. Morley.
Ds. Stourton.
Ds. Sandys.
Ds. Windsor.
Ds. Paget.
Ds. Petre.
Ds. Arundell Ward.
Ds. Tenham.
Ds. Maynard.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Carington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
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.

The Lord Privy Seal reported the Address to be presented to His Majesty; which was read, as followeth:

"Most Gracious Sovereign,

Address to the King, about waving the Amendments made by this House to the Supply Bill for building Ships of War.

"We Your Majesty's most loyal and obedient Subjects, the Lords Spiritual and Temporal in Parliament assembled, humbly beg Leave to lay before Your Majesty, That, having, upon several Conferences and Free Conferences with the Commons, debated concerning the Difference in the Bill, intituled, "An Act for raising the Sum of Five Hundred Eighty-four Thousand Nine Hundred Seventy-eight Pounds, TwoShillings, and Two Pence Half-penny, for the speedy building of Thirty Ships of War," in which the Commons disallow the Amendments offered by this House; and having given such Reasons to support our Amendments, as we conceived ought to have convinced them; nevertheless, the Commons remaining unmoveable, have thereby put us upon the extreme Difficulty, either of shaking our Privileges by withdrawing our said Amendments, or of hazarding the Safety of the Nation by letting a Bill fall that is so necessary at this Time; we have, out of our unseigned Duty to Your Majesty and Regard to the Public, complied with the Commons, though against our Judgements. And that we may be rightly understood why we did so, we humbly beg Leave to assure Your Majesty, That we were moved to it by no other Arguments, than to express our great Duty to Your Majesty, and to comply with the present Necessity in Point of Time, and out of Tenderness that the Whole may not suffer by our present insisting upon that which is our undoubted Right: All which we beseech Your Majesty graciously to accept from us, as a lasting Testimony of our Zeal to Your Majesty, and the Kingdom's Service."

To be presented to the King.

ORDERED, That this House agrees to this Address; and the Lords with the White Staves be, and are hereby, appointed to present the same to His Majesty from this House.

Message from H. C. with Lady Mary Mordant's Bill.

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

To return the Bill sent down to them concerning the Lady Mary Mordant; to which the Commons have agreed, with some Amendments; and desire their Concurrence thereunto.

The Amendments were read Thrice, and Agreed to.

Message to them, about it; and with the Supply Bill for building Ships of War.

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

To acquaint them, that this House agrees to leave out the Amendments made by this House in the Bill for raising the Sum of Five Hundred Eighty-four Thousand Nine Hundred Seventy-eight Pounds, Two Shillings, and Two Pence Half-penny, for building of Thirty Ships of War; and to signify, that their Lordships have agreed to the Amendments in the Bill concerning the Lady Mary Mordant.

Vacat per Ordinem 13tii Novembris, 1680, coram

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

*********

Halworthy versus Collins.

Upon reading the Petition of Sir Mathew Halworthy; shewing, "That Benjamine Collins and Jane his Wife have brought a Writ of Error into this House, for Delay of Execution of the Judgement obtained by the Petitioner in the Court of Common Pleas against them, but have not prosecuted the same, as appeareth by the Examination of the Transcript thereof, brought into this Court on the 5th Instant, upon which the Errors are not assigned within the Time appointed by the Rule of this High Court:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given for the Petitioner against the said Benjamine Collins and Jane his Wife be, and is hereby, affirmed; and that the Transcript of the said Record, now remaining in this Court be remitted, to the End the said Sir Mathew Halworthy may proceed thereupon, as if no such Writ of Error had been awarded.

D. Bucks, Privilege.

The House being informed, "That the Goods of Mr. John Deane, menial Servant to the Duke of Bucks, have been taken in Execution, sitting the Parliament, contrary to the Privilege of Parliament:"

Deane his Servant's Goods to be restored.

It is ORDERED, That the said Goods of the said John Deane, so taken in Execution, be redelivered and discharged, in whose Custody soever they be.

Message from H. C. with the Bill for better Observation of the Sabbath.

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

To return the Bill for the better Observation of the Lord's-day; to which the Commons have agreed, without any Alteration.

King's Answer to the Address about the Amendments in the Supply Bill.

The Lord Treasurer reported, "That himself and the other Lords appointed have attended His Majesty, with the Address of this House; and His Majesty receives the same very kindly, and assures your Lordships, That in all Things that concerns your Privileges, He will be as careful of them, and as assistant to you in them, as yourselves can desire."

Then the House was adjourned during Pleasure, and the Peers robed themselves.

King present.

The House being resumed; and His Majesty sitting in His Royal Throne, adorned with His Regal Ornaments (the Peers being also in their Robes); the Gentleman Usher of the Black Rod was commanded to signify to the House of Commons His Majesty's Pleasure, "That they come up presently, and attend Him, with their Speaker."

Who being come; the Speaker (after a short Speech) humbly presented His Majesty with Two Bills, which being received at the Bar by the Clerk of the Parliaments, and brought to the Table, the Clerk of the Crown read the Titles of them, as follows:

Bills passed.

"1. An Act for raising the Sum of Five Hundred Eighty-four Thousand Nine Hundred Seventy-eight Pounds, Two Shillings, and Two Pence Half-penny, for the speedy building of Thirty Ships of War."

"2. An Act for an additional Excise upon Beer, Ale, and other Liquors, for Three Years."

To which Two Bills the Clerk of the Parliaments pronounced the Royal Assent, in these Words,

"Le Roy, remerciant Ses bons Subjects, accepte leur Benevolence, et ainsi le veult."

In the same Manner other Public Bills were passed; as,

"1. An Act for Prevention of Frauds and Perjuries."

"2. An Act for taking Affidavits in the Country, to be made Use of in the Courts of King's Bench, Common Pleas, and Exchequer."

"3. An Act for confirming and perpetuating Augmentations made by Ecclesiastical Persons to small Vicarages and Curacies."

"4. An Act for the naturalizing of Children of His Majesty's English Subjects born in Foreign Countries during the late Troubles."

"5. An Act for the better repairing and maintaining the Pier of Great Yarmouth."

"6. An Act for taking away the Writ de Hæretice comburendo."

"7. An Act for erecting a Judicature to determine Differences touching Houses burnt and demolished by the late dreadful Fire in Southwarke."

"8. An Act for the better Observation of the Lord'sday, commonly called Sunday."

To these the Royal Assent was pronounced, in these Words,

"Le Roy le veult."

Next, these Private Bills were passed:

"1. An Act to enable Robert Earl of Manchester to sell Lands, for Payment of his Debts, and for settling other Lands of a greater Value in Lieu of those appointed to be sold."

"2. An Act for rectifying a Mistake in a general Settlement of the Lord Maynard's Estate upon the Marriage of his Son."

"3. An Act for the Payment of the Debts of Charles late Lord Viscount Kilmorey, of the Kingdom of Ireland; and for raising of Portions for Byron Needham and Charles Needham, Two of his younger Sons."

"4. An explanatory and supplemental Act for the better enabling Sir Francis Compton to make Sale and dispose of the Manor of Hamerton, or any Part thereof, in the County of Huntington."

"5. An Act to enable Sir Edward Hungerford, knight of the Bath, to make Leases for Years of HungerfordHouse in the Strand, in the Parish of St. Martine's in the Feilds, in the County of Midd. and of certain Houses and Tenements thereunto adjoining."

"6. An Act to enable Herbert Awbrey and his Trustees to sell Lands, for Payment of his Debts."

"7. An Act for settling a Maintenance for the Vicar of Allhallowes, in the Town of North'ton."

"8. An Act to enable Thomas Barkeley and his Trustees to sell Lands, for Payment of the Debts of the said Thomas Barkeley, and raising Portions for his Younger Children."

"9. An Act for the naturalizing of Alice Rushout, Daughter of Sir James Rushout Baronet."

"10. An Act for the Naturalization of Jacob David and others."

"11. An Act for the Naturalization of Peter Rencu and others."

"12. An Act to enable Trustees to sell Lands, for Payment of the Debts of Edward Standish Esquire."

"13. An Act to enable the Right Honourable the Lady Mary Mordant to make Sale of her Interest in the Manor of Blechingley, and divers Lands in the County of Surrey, notwithstanding her Minority."

"14. An Act for the Sale of certain Lands in Winterborne Whitchurch, in the County of Dorset, lately belonging to Laurance Squib Esquire, deceased."

To these the Royal Assent was pronounced, in these Words,

"Soit fait come il est desiré."

"15. An Act to enable Sir Trevor Williams Baronet and his Four Sons to make Jointures to their respective Wives."

To this Bill the Answer was,

"Le Roy s'avisera."

After this, the Lord Chancellor, by Directions from His Majesty, said as follows:

"My Lords; and you the Knights, Citizens, and Burgesses of the House of Commons;

"His Majesty is graciously pleased, that both His Houses of Parliament may adjourn themselves to the 21th Day of May next coming."

Then His Majesty withdrew; and the Commons went to their House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum adjournandum esse usque in diem Lunæ, videlicet, 21um diem Mari proxime sequent. hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

Anglesey, C. P. S.
Dorsett.
J. Bridgewater.
Howard E. of Bercks.
Clarendon.
Craven.
Stafford.
Joh. Roffen.
Delamer.
Cha. Grey de Roll.