House of Lords Journal Volume 12
11 April 1670

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1767-1830

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'House of Lords Journal Volume 12: 11 April 1670', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 347-351. URL: http://british-history.ac.uk/report.aspx?compid=12677 Date accessed: 01 October 2014.


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DIE Lunæ, 11 die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Cant.
Arch. Eborac.
Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Ely.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Oxon.
Epus. Rochester.
Epus. Bangor.
Epus. Landaffe.
Epus. Lyncolne.
Epus. Exon.
Epus. Chester.
Epus. St. Asaph.
Dux Cumberland.
Sir Orlando Bridgman; Miles et Bar. Ds. Custos Magni Sigilli.
Marq. Worcester.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Edwardus Comes Manchester, Camerarius Hospitii. Domini Regis.
Comes Dorsett.
Comes Bridgwater.
Comes Devon.
Comes Clare.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Dover.
Comes Scarsdale.
Comes Essex.
Comes Cardigan.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Burlington.
Vicecomes Stafford.
Vicecomes Hallyfax.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Delawarr.
Ds. Eure.
Ds. Willoughby.
Ds. Chandos.
Ds. Howard.
Ds. Powis.
Ds. Newport.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Carrington.
Ds. Widdrington.
Ds. Ward.
Ds. Lucas.
Ds. Bellasis.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Townsend.
Ds. Ashley.
Ds. Freshevile.
Ds. Arundell de Treric.
Ds. Butler.

PRAYERS.

Answer from H. C.

The Messengers sent on a Message to the House of Commons on Saturday last return with this Answer:

That they will give a Conference, as is desired.

Bill to prevent the Importation of Brandy.

ORDERED, That the further Proceedings upon the Bill against Importation of Foreign Brandy shall be respited until the next Meeting after the Recess now at Hand.

Prettyman's Bill.

Next, the House resumed the Consideration of the Amendments in the Bill concerning selling Part of Sir John Prettyman's Estate.

The said Amendments were Agreed to.

Hodie 3a vice lecta est Billa, "An Act for selling Part of the Estate of Sir John Prettyman, for paying of a Debt due to the King's Majesty."

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

It was Resolved in the Affirmative.

Message to H. C. with it; and that the Lords have passed Sir Cutb. Heron's.

A Message was sent to the House of Commons, by Sir William Glascock and Sir John Coell:

To return the Bill for selling Part of the Estate of Sir John Prettyman, wherein the Lords have made some Amendments, and desire the Concurrence of the Commons to the same; also to let them know, that this House hath passed the Bill concerning Sir Cutbert Heron.

Obliterating the Proceedings against the E. of Strafford.

ORDERED, That the Committee for Privileges do proceed to perfect the Obliterating of the Proceedings against the Earl of Strafford in the Journal Books of this House, the First Business they undertake at the next Meeting of the Parliament after the Adjournment at Hand.

Committee for the Journal.

ORDERED, That the Committee for the Journal Book do meet what Day they shall think fit to appoint this Week, to peruse and perfect the Journal Book; and to meet as often as they shall think requisite, until the same be perfected.

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

L. Brunker heard against the Jurors Bill.

The Earl of Carlile reported, "That the Committee for the Bill concerning Jurors have heard the Lord Bruncker concerning his Interest, which he pretends will be prejudiced by the passing of the said Bill; and his Lordship claims a Profit which he holds by Patent from the Crown, which he and his Ancestors have held since the Beginning of Queen Elizabeth's Reign, by being a Tenant, and paying One Thousand Pounds per Annum raised out of the Fines of Jurymen for their Defaults, the Profits whereof would be much abated by the passing of this Bill; therefore his Lordship offered to the Committee a Proviso, which their Lordships did not think fit to be added as Part of the Bill, but to be left to the Pleasure of His Majesty."

As concerning the Amendments in the said Bill concerning Jurors, the Earl of Bridgwater reported them; which, being read Twice, were Agreed to.

But a concerning the Lord Bruncker's Proviso, this House thought fit to do nothing therein.

Jurors Bill.

Hodie 3a vice lecta est Billa, "An Act to revive a former Act for returning able Jurors."

The Question being put, "Whether this Bill, with the Amendments, shall be passed?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir William Glascock and Sir John Coell:

To return them the Bill concerning Jurors, wherein the Lords have made some Amendments, and desire their Concurrence thereunto.

Slingsby versus Hale.--Lords of Right of receiving Appeals asserted, though Members of either House are concerned.

The Earl of Anglesey reported from the Committee Privileges, "That, in the Cause depending upon Appeal in this House, wherein Henry Slyngsby Esquire, is Plaintiff against William Hale Esquire, a Member of the House of Commons, the Committee is of Opinion, That the Lords do declare, that their Proceedings have been according to the Course of Parliament and former Precedents; and that the Lords do assert it to be their undoubted Right in Judicature, to receive and determine in Time of Parliament Appeals from Inferior Courts, though a Member of either House be concerned, that there may be no Failure of Justice in the Land."

Upon Consideration had hereof, it is ORDERED, That this House agrees with the Opinion of the Committee in this Report.

Salmon versus The Hamburgh Company.

Upon reading and considering the humble Petition of Peter Salmon Doctor in Physic, appealing from an Order of Dismission of his Bill in the Court of Chancery, on the 10th Day of May, in the Eighteenth Year of His Majesty's Reign that now is, in a Cause then in that Court depending, between the Petitioner being Plaintiff, and the Governor and Assistants of the Merchant Adventurers of England, and Sir Edward Forde, Sir Charles Lloyde, Sir Anthony Bateman, Sir Thomas Smith, Rowland Wynne, John Doggett, Henry Collyer, Henry Smith, John Lethular, Christopher Pache, George Wytham, and others, Members of the said Company, were Defendants, concerning the Sum of Two Thousand One Hundred Pounds Principal Money, lent by the Petitioner to the Company, upon the Security of their Common Seal:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Governor and Assistants of the said Company of Merchant Adventurers of England, and Sir Charles Lloyde, Sir Anthony Bateman, Thomas Smith, Rowland Wynne, John Doggett, Henry Collyer, Henry Smith, John Lethular, Christopher Pache, and George Witham, may have a Copy of the said Petition; and they are hereby appointed to put in an Answer thereunto in Writing, on the Second Wednesday of the next Sitting of the Parliament after the Recess now at Hand.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora secunda, Dominis sic decernentibus.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

Royal Highness the Duke of Yorke.
Arch. Cant.
Arch. Eborac.
Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Ely.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Oxon.
Epus. Rochester.
Epus. Bangor.
Epus. Landaffe.
Epus. Lyncolne.
Epus. Exon.
Epus. Chester.
Epus. St. Asaph.
Dux Cumberland.
Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Marq. Worcester.
Robertus Comes Lyndsey, Magnus Came rarius Angliæ.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Edwardus Comes Manchester, Camerarius Hospitii Domini Regis.
Comes Kent.
Comes Dorsett.
Comes Bridgwater.
Comes Devon.
Comes Clare.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Dover.
Comes Scarsdale.
Comes Essex.
Comes Cardigan.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Burlington.
Vicecomes de Stafford.
Vicecomes Hallyfax.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Delawarr.
Ds. Berkley de Berkley.
Ds. Eure.
Ds. Willoughby.
Ds. Chandos.
Ds. Howard.
Ds. Powis.
Ds. Newport.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Carington.
Ds. Widdrington.
Ds. Ward.
Ds. Lucas.
Ds. Bellasis.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Townsend.
Ds. Ashley.
Ds. Freschevile.
Ds. Arundell de Treric.
Ds. Butler.

PRAYERS.

Message from H. C. with Prettyman's Bill.

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

To return the Bill concerning selling Part of the Estate of Sir John Prettyman; and to acquaint their Lordships, that the Commons agree to the Amendments made by their Lordships.

E. of Dorset, Privilege:

Upon Complaint made by the Earl of Dorsett, a Peer of this Realm, and Oath made at the Bar, by Sir Theodore de Vaux Knight, Luke Heming, and Thomas Smith, Two of the Knight Marshal's Servants, "That John Wallis did this Day drive his Hackney Coach upon the Earl of Dorsett's Coach, and brake his Lordship's Coach-wheel, over against the King's Privy Garden, as his Lordship was coming to Parliament; and that the Knight Marshal's Men being commanded to seize on the said John Wallis for his said Offence, Thomas Cheeke Esquire, who was in the Hackney Coach, and his Footmen, rescued the said John Wallis, and beat the Knight Marshal's Servants in the Execution of their Office:"

Wallis to be attached for driving against the Earl's Coach, and Cheeke for rescuing him.

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Body of the said Thomas Cheeke, and deliver him in safe Custody into The Tower of London, there to remain till His Majesty's Pleasure be known, in order to his the said Thomas Cheeke's appearing before this House, to answer to the said Complaint, on the First Thursday of the next Sitting of the Parliament after the Recess now at Hand; and this shall be a sufficient Warrant on that Behalf: It is further ORDERED, That the Serjeant at Arms shall forthwith attach the Body of the said John Wallis, and deliver him in safe Custody into the Prison of Newgate, there to remain till he shall give sufficient Bail before some Justice of the Peace of the County of Midd. for his the said John Wallis's appearing at the Bar of this House on the First Thursday of the next Sitting of the Parliament after the Recess now at Hand.

Order to the Lieutenant of The Tower to receive Cheeke.

ORDERED, That the Lieutenant of The Tower of London, or his Deputy, shall receive the Body of Thomas Cheeke Esquire, and keep him in safe Custody in the said Tower, until His Majesty's Pleasure be known, in order to his the said Thomas Cheeke's appearing before the Lords in Parliament on the First Thursday of the next Sitting of the Parliament after the Recess now at Hand, for rescuing one John Wallis out of the Custody of the Knight Marshal's Servants, and beating them in the Execution of their Office.

Order to the Keeper of Newgate to receive Wallis.

ORDERED, That the Keeper of Newgate, or his Deputy, shall receive the Body of John Wallis, and keep him in safe Custody, till he shall give sufficient Bail before some Justice of the Peace for the County of Midd. for his the said John Wallis appearing at the Bar of this House on the First Thursday of the next Sitting of the Parliament after the Recess now at Hand, for driving his Hackney Coach upon the Coach of the Earl of Dorsett, a Peer of this Realm, and breaking his Lordship's Coach-wheel, in his Passage to Parliament: And this shall be a sufficient Warrant on that Behalf.

King present.

His Majesty sitting in His Royal Throne, adorned with His Regal Crown and Robes (the Peers sitting in their Robes uncovered), the Gentleman Usher of the Black Rod was commanded by His Majesty to let the House of Commons know, "That it was His Majesty's Pleasure, that they presently attend His Majesty."

The Commons being come, their Speaker made the Speech following:

Speaker's of H. C. Speech.

"May it please Your Most Excellent Majesty,

"At the Opening of this Session of Parliament, Your Majesty was pleased to speak to Your Two Houses, and recommended Three Things especially to us; Unity amongst ourselves, the Union of Your Majesty's Two Kingdoms of England and Scotland, and the Supply of Your Majesty's present and urgent Occasions: In Obedience to Your Majesty's Commands, we have industriously applied ourselves to the Consideration of these Matters.

"By the Blessing of God, all Differences are buried in Oblivion. Your Majesty's happy Expedient hath, like a strong Gale of Wind; blown up the rolling Sands, and filled up all Impressions; Vestigia nulla retrorsum. And as Your People will universally enjoy the Fruit of this happy Union, so our united Prayers to God shall be, that Your Majesty may be crowned with the promised Blessing, Beati Pacifici.

"In order to the Union of Your Majesty's Two Kingdoms, both Your Houses of Parliament have humbly besought Your Majesty to name Commissioners for this Your Kingdom of England; and we have prepared a Bill to authorize them to treat with Commissioners to be appointed for Your Kingdom of Scotland, upon such Grounds as shall be thought conducing to that End, and to report them to your Majesty, and to both Houses of Parliament of this your Kingdom of England; reserving always to Your Majesty and the Two Houses of Parliament the entire Consideration of the Whole, and the allowing or disallowing thereof, or any Part thereof, as they shall think fit.

"We have also considered of a Supply for Your Majesty's Occasions: And I am commanded, by the Knights, Citizens, and Burgesses, of the House of Commons, to present Your Majesty with this Bill, whereby we have given to Your Majesty an Imposition upon all Wines and Vinegar imported, after the Rate of Eight Pounds per Tun for all French Wines and Vinegar, and Twelve Pounds per Tun for all other Wines; and have granted this unto Your Majesty for Eight Years, to commence from Midsummer next. And I am further commanded to acquaint Your Majesty, that we apprehended the Revenue arising by the Power of granting Wine Licenses, settled upon his Royal Highness by Act of Parliament, hath been prejudiced by the last Imposition upon Wines, and will be much more impaired by this present Imposition; we therefore added the last Year unto this Bill of Supply (fn. *) with this Vote, "That Your Majesty be humbly desired therewith to recompence his Royal Highness the Duke of Yorke for the Damage he hath received, and shall receive, in his Revenue of Wine Licenses, by this and the last Imposition."

"Having thus in the First Place with all Dutifulness obeyed Your Majesty's Commands, we held it necessary to remember those that sent us hither, and to present unto Your Majesty some Bills that will be of public Use for all the People of this Nation.

"There is, First, a Bill for the preventing of seditious Conventicles, whereby no Man is hindered the Use of his own Judgement in the Exercise of Religion, by himself or in his own Family, or in the Presence of Four Strangers; but, because the Peace of the Nation may be endangered by more populous Meetings, contrary to the Liturgy and Practice of the Church of England, we have imposed a Penalty of Five Shillings for the First Offence, and Ten Shillings for the Second and every other Offence, upon all such Offenders, to be levied by Distress and Sale of the Offenders Goods.

"We are informed, that Your Majesty suffers much by the stealing and embezzling of Your Ordnance, Ammunition, Sail Cloths, and Stores; and likewise Your good People are much damnified by a wicked Sort of People, who make it their Practice, in the Night Time, to steal Woollen Cloths and Stuffs from off the Racks; and they are much encouraged in this their Wickedness, by reason they have their Clergy: We have therefore prepared a Bill for the taking away the Benefit of Clergy, upon the Conviction of all such Offenders. We have likewise prepared an additional Bill for the rebuilding the City of London, wherein we have revived the Judicatory of Your Majesty's Twelve Judges, empowering them to hear and determine the Remainder of Causes and Controversies, which have not already received a Settlement by them; we have also made Provision for the widening many more Streets than were mentioned in the former Act, and to enable the Lord Mayor and Aldermen of the City of London to give Satisfaction to those whose Grounds shall be taken from them; and also for laying the Foundation at least of the famous Cathedral of St. Paul, and towards the rebuilding of Fifty-one Parish Churches, we have added an Imposition of Two Shillings for every Chaldron of Coals that shall be brought into the Port of London for the Space of Seventeen Years yet to come. We have likewise prepared a Bill for the ascertaining the Measures of Corn and Salt, and provided that One Measure shall be used in all the Market Towns of this Kingdom.

"We have found great Inconveniencies by the Want of due repairing the Highways of this Kingdom; and have therefore taken Care for Time to come, both to amend them, and to prevent the spoiling of them again, by carrying excessive Loads, and drawing them with extraordinary Number of Horses and other Cattle.

"Experience tells us, when the Consumption of Foreign Commodities exceeds the Use and Exportation of our Native Commodities, the Nation must insensibly grow poor, and our Treasure will be exhausted: We have therefore prepared a Bill for the Encouragement of Tillage, by permitting the exporting of Corn; and also for the Encouragement of other Sorts of good Husbandry, by exporting of Horses, Swine, and other Cattle, and of Butter and Cheese; and have made them all free Merchandize, paying certain Duties to Your Majesty upon the Exportation.

"There be some other Bills of a Public Nature, and divers Private Bills, all which are ready to be presented to Your Majesty for Your Royal Assent; the which I shall forbear to enumerate, for Fear it may prove tedious to Your Majesty.

"Having given Your Majesty this Account of our Proceedings since our last Meeting in this our short, but happy, Session; it is evident we have not mispent our Time; but, with the good Servant in the Gospel, have gained many Talents, so that we may with Comfort and Satisfaction return to our Houses; and we hope we shall carry our Master's Blessing with us."

Bills passed.

After this, these Public and Private Bills following received the Royal Assent:

"1. An Act for granting unto His Majesty an Imposition upon all Wines and Vinegar imported, between the 24th Day of June, 1670, and the 24th Day of June, 1678."

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

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

"2. An Act authorizing certain Commissioners of the Realm of England to treat with the Commissioners of Scotland, for the Weal of both Kingdoms."

"3. An Act to prevent and suppress seditious Conventicles."

"4. An additional Act for rebuilding of the City of London, uniting of Parishes, and rebuilding of the Cathedral and Parochial Churches within the said City."

"5. An Act for advancing the Sale of Fee Farm Rents and other Rents."

"6. An Act to enable the King's Majesty to make Leases, Grants, and Copies of Offices, Lands, Tenements, and Hereditaments, Parcel of His Highness' Dutchy of Cornwall, or annexed to the same."

"7. An Act for settling the Imposition on Brandy."

"8. An Act ascertaining the Measures of Corn and Salt."

"9. An Act for Improvement of Tillage, and the Breed of Cattle."

"10. An additional Act for the better repairing of Highways and Bridges."

"11. An Act for taking away the Benefit of Clergy from such as steal Cloth from the Rack, and from such as shall steal or embezzie His Majesty's Ammunition and Stores."

"12. An Act for Sale of Part of the Estate of Sir John Prettyman, for Satisfaction of a Debt due by him to the King's Majesty."

"13. An Act for repairing of the Haven and Piers of Great Yarmouth."

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

"Le Roy le veult."

Private Bills:

"1. An Act for John Mannors, called Lord Roos, to marry again."

"2. An Act for settling certain Charitable Uses devised by John late Bishop of Rochester."

"3. An Act to enable Anthony Ashley Esquire, Son of the Lord Ashley, to acknowledge Fines, and suffer Recoveries, of Lands or Hereditaments, while he is under the Age of Twenty and One Years."

"4. An Act for settling Part of the Estate of Dame Suzan Bellasise Widow, late Wife of Sir Henry Bellasise deceased."

"5. An Act for confirming Purchasers Estates, and for settling the Differences, between the Lady Elizabeth Lee and the Daughters and Coheirs of the late Earl of Downe."

"6. An Act to enable the Trustees for the Lord Viscount Strangford, of the Kingdom of Ireland, to sell certain Lands, for the Payment of the Remainder of his Debts."

"7. An Act for the enabling Sir William Gostwick Knight to make a Jointure to Dame Mary his Wife."

"8. An Act for confirming the Estate of Sir Ralph Banks, in the Manor of Thesbesket, alias Thirsbesket, and other Lands, in the County, and County and Borough, of Carmarthen."

"9. An Act for Sale of Lands, to pay the Debts, and raise Portions for the Younger Children, of Sir Cutbert Heron Baronet."

"10. An Act to enable Dame Elizabeth Routh, Mother and Executrix of the last Will and Testament of Dorothy Farewell Widow, deceased, late the Relict and Executrix of John Farewell, late of The Inner Temple, London, Esquire, to sell Lands, for the Payment of Debts."

"11. An Act for settling the Manor or Lordship of Tirbeck, in the County of York, and other Lands therein mentioned, on Trustees, to enable them to sell the same, for the Payment of Debts."

"12. An Act for the building of a Mansion-house for the Dean of St. Paul's Church, London."

"13. An Act concerning the disposing of a House and Lands belonging to the Sisters and Coheirs of Margaret Stroude."

"14. An Act for Endowment of a Church at Shadwell, now in the Parish of Stepney, in Midd. and making of it Parochial, distinct from Stepney."

"15. An Act for settling the Draining of the Fens in Lyncolneshire, called Deeping Fenns."

"16. An Act for making navigable the Rivers commonly called Brandon and Waveney."

"17. An Act to enable Thomas Horde Esquire to make Leases of his Estate."

"18. An Act to enable Richard Beckham and others to sell Lands, to pay his Father's Debts, and raise Portions for his Younger Brothers."

"19. An Act to enable John Bill Esquire to sell certain Lands, in Kent and Surry."

"20. An Act for enabling Thomas Leigh Esquire to sell Part of his Lands, for Payment of his Debts."

"21. An Act to enable Robert Hotchkin to sell Lands, to pay Debts, and raise Portions for Daughters."

"22. An Act to enable Henry and Jane Perkins to ensure to Doctor Wharton Lands purchased in the County Palatine of Durham."

"23. An Act to enable Thomas Davidson to sell Lands, to pay Debts and provide for Younger Children."

"24. An Act for the Naturalizing of Horatio Woodhouse and others."

"25. An Act for the Naturalization of Captain Christopher Gunman and others."

To these the Royal Assent was pronounced in these Words,

"Soit fait come il est desiré."

This being done, His Majesty made a short Speech, to this Effect:

King's Speech.

"My Lords and Gentlemen,

"I am unwilling to let you go away without telling you, that I am very well satisfied with the Success of this Meeting, and that you have so well complied with My Desires, both in the Correspondence between the Two Houses, and in the Progress you have made towards an Union between the Two Kingdoms.

"I heartily thank you for the Supply you have given Me; and I assure you I will make it go as far as I can towards the satisfying of My Debts. And because you have been long from Home, I am content you adjourn yourselves till the 24th of October next."

His Majesty, after this, withdrew Himself.

And then,

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum adjournandum esse usque in diem Lunæ, 24um diem Octobris, 1670, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

Dorsett.
J. Bridgewater.
Dover.
Edv. Carliol.
Geo. Eure.
Chandos.

Footnotes

* Sic.