House of Lords Journal Volume 12
19 December 1667

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1767-1830

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'House of Lords Journal Volume 12: 19 December 1667', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 176-179. URL: http://british-history.ac.uk/report.aspx?compid=12531 Date accessed: 20 September 2014.


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DIE Jovis, 19 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Durham.
Epus. Winton.
Epus. Chichester.
Epus. St. David's.
Epus. Ely.
Epus. Norwich.
Epus. Hereford.
Epus. Chester.
Epus. Sarum.
Epus. Carlile.
Epus. Oxon.
Epus. Rochester.
Epus. Bangor.
Epus. Landaffe.
Epus. Lyncolne.
Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Dux Bucks.
Dux Richmond.
Dux Albemarle.
Marq. Worcester.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ.
Edwardus Comes Manchester, Camerarius Hospitii.
Comes Oxon.
Comes Bedford.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Bristol.
Comes Clare.
Comes Berks.
Comes Rivers.
Comes Dover.
Comes Petriburgh.
Comes Portland.
Comes Strafford.
Comes Norwich.
Comes Scarsdale.
Comes Essex.
Comes Cardigan.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylsebury.
Comes Burlington.
Vicecomes Say & Seale.
Vicecomes Conway.
Vicecomes Fauconberg.
Vicecomes Mordant.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Delaware.
Ds. Berkley de Berk.
Ds. Sandys.
Ds. Windsor.
Ds. Cromwell.
Ds. Eure.
Ds. Paget.
Ds. Chandos.
Ds. Petre.
Ds. Arundell de Warder.
Ds. Lovelace.
Ds. Poulett.
Ds. Howard de Esc.
Ds. Powis.
Ds. Newport.
Ds. Byron.
Ds. Carington.
Ds. Widdrington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brandon.
Ds. Lexington.
Ds. Berkeley de Strat.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Ashley.
Ds. Crewe.
Ds. Arundell de Trerice.

PRAYERS.

Lord Gerard's Privilege. Carr's Judgement.

This Day William Carr was brought to the Bar, to receive the Sentence of this House made Yesterday: And the Lord Keeper pronounced the said Judgement against him, he kneeling all the while at the Bar.

Memorandum, That the Peers did not sit with their Robes on when this Judgement was pronounced.

Bill for taking Public Accompts.

The Duke of Richmond reported, "That the Committee have considered of the Bill for taking the Accompts of the several Sums of Money therein mentioned; and the Committee thinks it fit to pass as it is, without any Alteration."

Hodie 3a vice lecta est Billa, "An Act for taking the Accompts of the several Sums of Money therein mentioned."

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

It was Resolved in the Affirmative.

Bill for banishing the E. of Clarendon.

Next, this House took into Consideration the Amendments and Proviso brought from the House of Commons Yesterday, to the Bill for banishing and disenabling the Earl of Clarendon; which Amendments and Proviso being read, it is ORDERED, That this House agrees with the House of Commons in the said Amendments and Proviso.

Prize Ships Bill.

The Earl of Bridgwater reported, "That the Committee have considered the Bill for the making Prize Ships free for Trade; and thinks it fit to pass, without any Amendment."

Hodie 3a vice lecta est Billa, "An Act to make Prize Ships free for Trade."

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

It was Resolved in the Affirmative.

Da Costa et al. Nat. Bill.

The Earl of Dorsett reported, "That the Committee for the Bill for the Naturalization of Alvaro da Costa and others have considered of the said Bill, and thinks it fit to pass, without any Amendments or Proviso concerning paying of Duties as Aliens."

Which the House Agreeing to,

Then,

Hodie 3a vice lecta est Billa, "An Act for the Naturalization of Alvaro da Costa and others."

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

It was Resolved in the Affirmative.

Message to H. C. to sit P. M. and about the following Bills.

A Message was sent to the House of Commons, by Sir Justinian Lewyn and Sir Nathaniell Hobart, which consisted of these Particulars;

1. To acquaint them, that this House hath passed these Bills:

1. The Act for taking the Accompts of the several Sums of Money therein mentioned.

2. The Act to make Prize Ships free for Trade.

3. They have agreed to the Amendments and Proviso in the Bill for banishing and disenabling the Earl of Clarendon.

4. The Bill for the Naturalization of Alvaro da Costa and others.

2. To let the House of Commons know, that the Lords do intend to sit this Afternoon, at Four of the Clock, and to desire the Commons would sit also.

Message from thence, about Wiseman's Bill.

A Message was brought from the House of Commons, by Sir John Brampston and others:

To let their Lordships know, that they agree to the Amendments made by their Lordships in the Bill for settling Lands upon Sir Richard Wiseman and John Plott.

Trade between England and Scotland, Bill.

Hodie 2a et 3a vice lecta est Billa, "An Act for settling Freedom and Intercourse of Trade between England and Scotland."

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

It was Resolved in the Affirmative.

Answer from H. C.

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

That the Commons will sit this Afternoon, as is desired.

The Lord Great Chamberlain reported, "That the Committee for Privileges have further considered of the Business re-committed to them the 16th of December Instant, in the Case of the Lord Mohun; and the Opinion of the Committee is, That the Lord Mohun's Guardians ought to have Privilege of Parliament."

The Question being put, "Whether to agree with the Committee in this Report?"

It was Resolved in the Affirmative.

Then the House made this Order following:

Harris, Campbell, and Mohun, Ld. Mohun's Guardians, to have Privilege.

"Upon Report made from the Lords Committees for Privileges, after Consideration had by them of the Case of the Lord Mohun's Guardians, whether they ought to have Privilege of Parliament or no; it being their Lordships Opinion that Privilege of Parliament ought to be granted to them: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Cordelia Harris, Theophila Cambell, and Phillipe Mohun, Guardians to Charles Lord Mohun, shall have and enjoy the Privilege of Parliament; and that all Proceedings that have been had against them, or any of them, by Dawes Wymondsall, Executor of William Wymondsall, or any others, during the Time of Privilege of Parliament, be, and are hereby, made void."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, videlicet, 19um diem instantis Decembris, hora quarta, Dominis sic decernentibus.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Eborac.
Epus. Durham.
Epus. Winton.
Epus. Chichester.
Epus. Ely.
Epus. Norwich.
Epus. Hereford.
Epus. Chester.
Epus. Sarum.
Epus. Carlile.
Epus. Oxon.
Epus. Rochester.
Epus. Landaffe.
Epus. Lyncolne.
Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Dux Bucks.
Dux Richmond.
Marq. Worcester.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ.
Edwardus Comes Manchester, Camerarius Hospitii.
Comes Oxon.
Comes Bedford.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Bristol.
Comes Clare.
Comes Berks.
Comes Rivers.
Comes Dover.
Comes Petriburgh.
Comes Portland.
Comes Strafford.
Comes Norwich.
Comes Scarsdale.
Comes Essex.
Comes Cardigan.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylsebury.
Comes Burlington.
Vicecomes Say & Seale.
Vicecomes Conway.
Vicecomes Fauconberg.
Vicecomes Mordant.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Delaware.
Ds. Berkeley de Berk.
Ds. Sandys.
Ds. Windsor.
Ds. Eure.
Ds. Pagett.
Ds. Chandos.
Ds. Petre.
Ds. Arundell de Warder.
Ds. Lovelace.
Ds. Poulett.
Ds. Howard de Esc.
Ds. Powis.
Ds. Newport.
Ds. Byron.
Ds. Carington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brandon.
Ds. Lexington.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Ashley.
Ds. Arundell de Trerice.

PRAYERS.

Belon, King's Servant, Privilege.

Whereas, by Order of this House, dated the 18th Day of this Instant December, the Serjeant at Arms attending this House hath taken into his Custody the Bodies of Lodowick London and Nicholas Keefe, Bailiffs of the City of Westminster, for taking in Execution the Goods of Peter Belon, One of His Majesty's Servants in Ordinary, in November last, contrary to the Privilege of Parliament, and for speaking contemptuous Words of the Lord Chamberlain's Protection granted to the said Peter Belon, as hath been made appear to this House upon Oath:

London and Keefe to appear.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That (in regard of the Adjournment of this House till after Christmas) the said Lodowick London and Nicholas Keefe shall appear at the Bar of this House, on Friday the Seventh Day of February next, to answer for their said Offences; and that the Serjeant at Arms attending this House shall take Security of them to that Purpose, that the said Lodowick London and Nicholas (fn. *) Guift may be at Liberty from their present Restraint, any former Order of this House to the contrary notwithstanding.

The Lord Arlington acquainted this House, "That he had a Message to deliver from His Majesty to their Lordships;" which was read, as followeth:

Message from the King, about an Adjournment.

"Charles R.

"His Majesty having by a former Message acquainted you that He intended an Adjournment to the Beginning of February, He doth conceive that Thursday the Sixth Day of February is a convenient Day to which such Adjournment may be made. And His Majesty is willing that you may adjourn to that Time.

"Given at Our Court at Whitehall, the 19th Day of December, in the Nineteenth Year of Our Reign, 1667."

Bills to be passed by Commission.

The Lord Keeper signified to the House, "That His Majesty hath granted a Commission under the Great Seal, for passing the Royal Assent to several Bills agreed on by both Houses."

Message to H. C. about the Bill for Trade between Engl. and Scotl.

A Message was sent to the House of Commons, by Sir Justinian Lewyn and Sir Nathaniell Hobart:

To let them know, that this House hath agreed to the Bill for settling Freedom and Intercourse of Trade between England and Scotland.

Lords Commissioners take their Places.

After this, the Lords Commissioners, videlicet, the Lord Keeper of the Great Seal of England, at whose Right Hand sat the Duke of Bucks and the Lord Great Chamberlain of England, and the Lord Chamberlain of His Majesty's Household sat on His Left Hand, on a Form set across the House, between the State and the Woolsack, gave Order to the Gentleman Usher of the Black Rod, to signify to the House of Commons, "That the King hath granted a Commission under the Great Seal, for passing the Royal Assent to those Bills which have been agreed to by both Houses of Parliament; and to desire that they would presently come up, with their Speaker, to be present at the passing thereof;"

All the Lords were in their Robes.

Then,

The Commons being come with their Speaker, the Lord Keeper made this short Introduction following:

"My Lords; and you the Knights, Citizens and Burgesses, in Parliament assembled;

"His Majesty hath been pleased to issue out a Commission for the passing of such Bills agreed on by both Houses, the Contents whereof you shall hear read."

Then the Clerk of the Parliaments, receiving the said Commission, brought it to the Table, and read it, in hæc verba; videlicet,

Commission to pass Bills.

"Charles R.

"Charles the Second, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. To Our Right Trusty and Right Well-beloved the Lords Spiritual and Temporal, and to Our Trusty and Well-beloved the Knights, Citizens, and Burgesses, the Commons in this present Parliament assembled, Greeting: We have seen and perfectly understood an Act, intituled, An Act for taking the Accompts of the several Sums of Money therein mentioned. An Act for assigning Orders in the Exchequer without Revocation. An Act to make Prize Ships free for Trade. An Act for settling Freedom and Intercourse of Trade between England and Scotland. An Act for banishing and disenabling the Earl of Clarendon. An Act for settling Part of the Possessions of John late Earl of Clare deceased, and enabling Gilbert Earl of Clare, his Son and Heir, to dispose of some other Part thereof, for Payment of Debts and Portions. An Act to enable John Lord Bishop of Durham and his Successors to make Leases for Three Lives, of certain Lead Mines. An Act of Confirmation of an Exchange of certain Lands, between Horatio Lord Townsend and the Rector of East and West Raynham, in the County of Norfolk. An Act for the Naturalization of Alvaro da Costa and others. An Act for settling the Lands therein mentioned upon Sir Richard Wiseman and John Plott, and their Heirs, to enable them the better to perform a Trust. An Act for exchanging certain Manors and Lands of William Palmes Esquire, for other Lands settled upon him and his Issue by Mary his Wife. And albeit the said Acts and Ordinances, by you Our said Subjects the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts and Ordinances: And forasmuch as, for divers great and urgent Causes and Considerations, We cannot conveniently at this present be personally in Our Royal Person in the Higher House of the said Parliament, being the Place accustomed, to give Our Royal Assent to such Acts and Ordinances as have been agreed upon by you Our said Subjects the Lords and Commons; We have therefore caused these Our Letters Patents to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts and Ordinances, and to all Articles, Clauses, and Provisions, therein contained; and have fully agreed and assented to the said Acts; willing, that the said Acts, and every Article, Clause, Sentence, and Provision, therein contained, from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publicly, in the Presence of you all, assented to the same. And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and the Commons aforesaid, as to all others whom it may concern; commanding also by these Presents, as well Our Lord Keeper of Our Great Seal of England, to seal these Our Letters Patents with Our Great Seal of England, as Our said Lord Keeper of Our Great Seal, and Our Right Trusty and Right Well-beloved Counsellor John Lord Roberts Keeper of Our Privy Seal, Our Right Trusty and Right Well-beloved Cousins and Counsellors George Duke of Buckingham, George Duke of Albemarle Lord General of all Our Armies, Robert Earl of Lyndsey Lord Great Chamberlain of England, and Edward Earl of Manchester Lord Chamberlain of Our Household, or any Two or more of them, to declare and notify this Our Royal Assent, in Our Absence, in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament there to be assembled for that Purpose; and the Clerk of the Parliaments to indorse the said Acts with such Terms and Words, in Our Name, as is requisite, and hath been accustomed for the same; and also to enrol these Our Letters Patents and the said Acts in the Parliament Roll; and these Our Letters Patents shall be to every of them sufficient Warrant in that Behalf. And finally We declare and will, That after this Our Royal Assent given and passed by these Presents, and declared and notified as aforesaid, that then and immediately the said Acts shall be taken, accepted, and admitted, good, sufficient, and perfect Acts of Parliament and Laws, to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing, or Things, to the contrary thereof, notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patents.

"Witness Ourself, at Westminster, the Nineteenth Day of December, in the Nineteenth Year of Our Reign.

"Barker.

"Per ipsum Regem, propria Manu signat."

This being read, the Lord Keeper said,

"My Lords; and you Knights, Citizens, and Burgesses, in Parliament assembled;

"By virtue of this Commission now read unto you, we, Four of the Commissioners in the said Commission, do declare and notify unto you His Majesty's Royal Assent to the several Acts in the said Commission mentioned and agreed, and consented to by you the said Lords and Commons in this present Parliament assembled; and you, the Clerk of the Parliament, do your Duty herein, according to the said Commission."

Bills passed.

Upon this, the Clerk of the Crown read the several Titles of the Bills; and the Clerk of the Parliaments pronounced the Royal Assent, according to the Nature of the Bills:

"1. An Act for taking the Accompts of the several Sums of Money therein mentioned."

"2. An Act for assigning Orders in the Exchequer without Revocation."

"3. An Act to make Prize Ships free for Trade."

"4. An Act for settling Freedom and Intercourse of Trade between England and Scotland."

"5. An Act for banishing and disenabling the Earl of Clarendon."

The Royal Assent was pronounced to these Bills in these Words,

"Le Roy le veult."

"1. An Act for settling Part of the Possessions of John late Earl of Clare, deceased, and enabling Gilbert Earl of Clare, his Son and Heir, to dispose of some other Part thereof, for Payment of Debts and Portions."

"2. An Act to enable John Lord Bishop of Durham, and his Successors, to make Leases for Three Lives of certain Lead Mines."

"3. An Act for Confirmation of an Exchange of certain Lands, between Horatio Lord Townsend and the Rector of East and West Reynham, in the County of Norfolke."

"4. An Act for the Naturalization of Alvaro da Costa and others."

"5. An Act for settling the Lands therein mentioned upon Sir Richard Wiseman and John Plott, and their Heirs, to enable them the better to perform a Trust."

"6. An Act for exchanging certain Manors and Lands of William Palmes Esquire, for other Lands settled upon him and his Issue by Mary his Wife."

To these the Royal Assent was pronounced in these Words,

"Soit fait come il est desiré."

This being done, the Lord Keeper declared, "This was all the Commissioners had to do by virtue of this Commission."

And then the Commons departed.

Message to H. C. concerning the Adjournment.

A Message was sent to the House of Commons, by Sir Just. Lewin and Sir Nathaniell Hobart:

To let them know, that this House intends to adjourn to Thursday the Sixth Day of February next, at Ten of the Clock in the Morning.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, sextum diem Februarii, 1667, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

J. Bridgewater.
B. Elien.
G. Cestriens.
Geo. Eure.
Howard De Charlton.

Footnotes

* Sic.