DIE Martis, 2 die Julii.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
His Royal Highness the Duke of Yorke. | |
Arch. Eborac.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Petriburg.
Epus. Ely.
Epus. Bath & Wells.
Epus. Chichester. |
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
Marq. Worcester.
Comes Oxon.
Comes Kent.
Comes Huntington.
Comes Bedford.
Comes Bridgwater.
Comes North'ton.
Comes Clare.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Peterborough.
Comes Carnarvon.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Shaftesbury.
Comes Powis.
Comes Feversham.
Vicecomes Mountagu.
Vicecomes Stafford.
Vicecomes Hallyfax.
Vicecomes Newport. |
Ds. Morley.
Ds. Stourton.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North.
Ds. Chandos.
Ds. Hunsdon.
Ds. Petre.
Ds. Arundell W.
Ds. Grey W.
Ds. Lovelace.
Ds. Maynard.
Ds. Vaughan.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Rockingham.
Ds. Gerard B.
Ds. Wotton.
Ds. Holles.
Ds. Gornwallis.
Ds. Frescheville.
Ds. Arundell T.
Ds. Butler M. P. |
PRAYERS.
Scheppens & al. Nat. Bill.
Hodie 1a
vice lecta est Billa, "An Act for naturallzing of John Scheppens and others."
Protestant Strangers to exercise their Trades Bill.
Hodie 2a
vice lecta est Billa, "An Act for empowering and licensing of Protestant Strangers and Foreigners to exercise their Trades in the Places mentioned in
this Act."
ORDERED, That the Consideration of this Bill is
committed to these Lords following:
| | |
L. Privy Seal.
Marq. Worcester.
E. Bedford.
E. Bridgwater.
E. North'ton.
E. Clare.
E. Berks.
E. Mulgrave.
E. Peterborough.
E. Scarsdale.
E. Clarendon.
E. Essex.
E. Shaftesbury.
E. Feversham.
Vicecomes Stafford. |
Arch. Yorke.
Epus. London.
Epus. Sarum.
Epus. Petriburgh.
Epus. Ely.
Epus. Bath & Wells.
Epus. Chichester. |
Ds. Paget.
Ds. North.
Ds. Hunsdon.
Ds. Petre.
Ds. Maynard.
Ds. Colepeper.
Ds. Lucas.
Ds. Holles.
Ds. Frescheville.
Ds. Arundell T. |
Their Lordships, or any Five of them; to meet
To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings; and to adjourn
as they please.
Heralds Bill, to register Deaths, Marriages, &c.
Hodie 3a
vice lecta est Billa, "An Act for registering
Certificates of the Deceases, Burials, Marriages, and
Issue, of the Nobility and Gentry of England."
The Question being put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Jurors returning Bill.
Hodie 3a
vice lecta est Billa, "An Act for preventing
Abuses in returning Jurors."
The Question being put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Bill against Atheism.
ORDERED, That the Bill against Blasphemy be read
the Second Time To-morrow Morning.
St. Ann's Parish Bill.
The Lord Bishop of Sarum reported, "That the
Committee have considered the Bill for making Part
of the Parish of St. Martin's in the Fields a new Parish, to be called the Parish of St. Anne within the
Liberty of Westm. and do think it fit to pass as it is,
without any Amendments."
Hodie 3a
vice lecta est Billa, "An Act for making
Part of the Parish of St. Martin's in the Fields a new
Parish, to be called the Parish of St. Anne within the
Liberty of Westminster."
The Question being put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
River Fale Bill.
Hodie 2a
vice lecta est Billa, "An Act for making
navigable the River Fale, alias Vale, in the County of
Cornwall."
ORDERED, That the Consideration of this Bill is
committed to the same Committee as the Bill concerning
Protestant Strangers is.
The Marq. Winton, Vicecomes Hallyfax, and the Lord
Bellasis, are added to the Committee for the Bankers Bill.
Against killing, &c. Decr, Bill.
Hodie 3a
vice lecta est Billa, "An Act to prevent the
unlawful coursing, hunting, killing, selling, or buying
of Decr."
The Question being put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Thorsby's Bill.
Hodie 3a
vice lecta est Billa, "An Act to enable
Trustees to sell Mr. Thomas Thorsbye's Lands."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with it, the Jurors Bill, Heralds Bill, and the Bill against killing, &c. Deer; and that the Lords agree to St. Ann's Parish Bill.
A Message was sent to the House of Commons, by
Sir Samuell Clerke and Sir William Childe;
To deliver these Four Bills following, and to desire
their Concurrence thereunto:
1. The Bill for preventing Abuses in returning Jurors.
2. The Bill for registering Certificates of the Deceases,
Burials, Marriages, and Issue, of the Nobility and
Gentry of England.
3. The Bill to prevent the unlawful coursing, hunting, killing, selling, or buying of Deer.
4. The Bill to enable Trustees to sell Mr. Thomas
Thorsebye's Lands.
Also to acquaint the House of Commons, that this
House agrees to the Bill for making Part of the Parish
of St. Martin's in the Fields a new Parish.
Kelshall Parish Bill.
The Earl of Shaftesbury reported, "That the Committee have considered the Bill concerning the settling
the charitable Use for the Town of Kelshall, wherein
they have made some Amendments, which are offered to
the Consideration of the House."
The Amendments were read Twice, and Agreed to;
and the Bill ordered to be engrossed, with the said
Amendments.
E. Derby, Privilege.
Whereas, upon reading the Petition of the Earl of
Derby, complaining of a Breach of Privilege, committed
by James Cheetham, of Turton, in the County of Lancaster, Esquire, and Jeremy Aynsworth, Richard (fn. *) Clew,
Richard Aspinall, Bryan Fawcet, John Pilkinton, Charles
Hardman, John Bury, and Abel Turner, in arresting and
detaining Prisoner Robert Heywood Esquire, owned by
the said Earl to be his Servant; it was, on the 14th of
June last ordered, That the Serjeant at Arms attending
this House, or his Deputy, should attach the said Persons, and bring them in safe Custody to the Bar of this
House, to answer for their said Offences;
Cheetham & al. released.
This House being informed, "That the said Persons
have submitted themselves to the Earl of Derby, and
that it is his Lordship's Request to this House, that they
may be discharged;" it is thereupon ORDERED, by
the Lords Spiritual and Temporal in Parliament assembled, That the said James Cheetham, Richard (fn. *)
Chew,
Jeremy Aynsworth, Richard Aspinall, Bryan Fawcet, John
Pilkinton, Charles Hardman, John Bury, and Abel Turner,
be, and are hereby, discharged from any further Restraint concerning this Matter, paying their Fees; and
this shall be a sufficient Warrant on that Behalf.
To Sir Geo. Charnocke Knight, Serjeant at
Arms attending this House, his Deputy and
Deputies, and every of them.
Meade versus Regem, in Error
Whereas Mathew Meade hath brought a Judgement given in the Court of King's Bench against him into
this Court by a Writ of Error, and hath thereupon
assigned Errors, to which the King's Attorney General
hath joined Issue on His Majesty's Behalf, who is thereto
made Defendant:
It is this Day ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That this House
will hear Counsel for the said Mathew Meade, to argue
the said Errors at the Bar, as also Counsel on His Majesty's Behalf, on Monday next, being the Eighth Day
of this Instant July, at Ten of the Clock in the Forenoon; whereof the Prosecutors on His Majesty's Behalf
are to cause timely Notice to be given to the said Mathew Meade for that Purpose.
Marriott versus Regem, in Error, a Habeas Corpus,
Upon reading the Petition of Symon Marriott; shewing,
"That he hath brought a Writ of Error, returnable
into this High Court, against an Indictment in the
Crown Office against him, and that the Marshal of
The King's Bench Prison refuseth to enlarge him,
upon good Bail, to prosecute the same; and therefore
praying that he may have his Liberty for that Purpose:"
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the said Symon Marriott
be, and is hereby, required forthwith to assign Errors
upon the said Writ of Error now depending; and that
he shall have Liberty from Time to Time, by virtue of
His Majesty's Writ or Writs of Habeas Corpus for that
Purpose to be awarded, to attend the Prosecution of the
said Writ of Error, during its Depending in this Court.
Symonds versus Deane, in Error.
Whereas, upon hearing the Errors argued, on the
22th Day of February last, upon the Writ of Error,
wherein John Deane, William Campe, and others, were
Plaintiffs, and William Symonds Defendant, the House
of Peers found Cause to affirm the Judgement given for
the said William Symonds, against the said John Deane,
William Campe, and others, and ordered that Costs should
be taxed by the Court of King's Bench for the said William Symonds:
Upon the Petition of the said William Symonds, received this Day; shewing, "That the Court of King's
Bench, being moved therein, could not tax the same;
and therefore praying, that this Court would ascertain
the Costs to be recovered by the said William Symonds
in this Case;" it is this Day ORDERED, by the Lords
Spiritual and Temporal in Parliament assembled, That the
said John Deane, William Campe, and the other Persons
against whom the said Judgement was given for the said
William Symonds, shall pay to the said William Symonds the
Sum of Twenty Pounds for his Costs, by reason of the
Delay of Execution of the said Judgement, occasioned by
bringing the said Writ of Error into this Court, to be
recovered by the Rules and Means of Costs taxed by
the Court of King's Bench in like Cases.
Ford versus Clarke, in Error.
Whereas, by virtue of His Majesty's Writ of Error
returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought
into this Court on the Sixth Day of June last (with the
Transcript thereof), wherein Judgement is entered for
John Ford against Edmund Clarke:
Upon hearing Counsel on both Parts at the Bar, this
Day, to argue the Errors assigned by the said Edmund
Clarke, after due Consideration had of what was offered on
either Part thereupon, it is ORDERED and Adjudged,
by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement of the Court of
King's Bench given for the said John Ford be, and is
hereby, affirmed; and that the said Transcript of the said
Record wherein the Judgement of the Court of King's
Bench is entered as aforesaid be remitted, to the End
the said John Ford may have Execution of the said
Judgement as fully as if no such Writ of Error had
been brought into this Court: And their Lordships do
further adjudge, That the said Edmund Clarke shall pay
to the said John Ford the Sum of Ten Pounds for his
Costs, by reason of the Delay of Execution of the said
Judgement, occasioned by bringing the said Writ of
Error into this Court, to be recovered by the Rules and
Means of Costs taxed by the Court of King's Bench in
like Cases.
Reading versus Sir G. Cooke et al. Commissioners for Sewers for Hatfield Level.
Whereas this House had appointed to hear Counsel
at the Bar, this Day, upon the Petition of Nathaniell
Reading Esquire, and the several Answers of Sir George
Cooke Baronet, John Millington, Toby Humfrey, and
George Westby, Esquires; the said Nathanicll Reading attending accordingly, but neither the said Sir George
Cooke, John Millington, Toby Humfry, nor George Westby
attending, nor any Counsel for them or any of them,
appearing:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That they, the said Sir
George Cooke, John Millington, Toby Humfrey, and George
Westby, shall pay Three Pounds Costs to the said Nathaniell Reading, for his Attendance this Day; and that
this House will hear Counsel on both Parts, upon the
said Petition and Answers, on Monday the 8th Day of this
Instant July, at Ten of the Clock in the Forenoon; whereof
the said Nathaniell Reading is to cause timely Notice to
be given to the said Sir George Cooke, John Millington,
Toby Humfrey, and George Westby, for that Purpose, by
leaving Copies of this Order at their usual Places of
Abode here in Town.
ORDERED, That the Judges be present in this House
To-morrow Morning.
Report of the Conference on the Lords Amendments to the Supply Bill.
The Commons being ready in the Painted Chamber
to give their Lordships a Free Conference, the House
appointed the same Lords who managed the last Conference to manage this Free Conference; and the House
directed the Managers, not to receive the Bill from the
House of Commons at this Conference.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Then the Lord Privy Seal reported, "That their
Lordships had given a Free Conference to the House
of Commons, and had discoursed the Differences as
were between them and this House, upon the Bill for
granting a Supply to his Majesty, for disbanding the
Forces raised since the 29th Day of September last, and
reinforced the same Reasons and Arguments as formerly
were urged at the Two last Free Conferences, and
added others. The Commons declared, at this Free
Conference, That it was their Right to begin, and
solely to grant Monies, and to settle all Ends and
Purposes for Money; and that it was their Vote and
Resolution to adhere to their Proviso, and to the
Words as they sent in the Bill; for they say, Cujus
est dare, ejus est disponere. The Commons desired their
Lordships to consider the Condition the Nation will
be in for Want of the passing this Bill; and the Breaches
of Affairs Abroad, and Unity, will only make us considerable. And whosoever makes a Proposition to
adhere to their own Amendments, a Second Adhering
concludes them; which the Commons say they have
done, and that the whole Matter lies with your
Lordships now, according to the Method of Proceedings. The Lords utterly denied any such Right in
the House of Commons, further than was agreed at
the last Conference, for the beginning of Bills of
Money only; and freed themselves from any ill Consequences mentioned by the Commons, if any should
arise, by their disagreeing from such Amendments as
their Lordships have necessarily made in this Bill;
and told them, that this Way of adhering was new,
and did conclude neither House. And, after long
Conference on both Sides, coming to no Conclusion,
their Lordships left the Bill still with them, as they
were directed."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 3um
diem instantis Julii, hora decima Aurora, Dominis sic
decernentibus.