House of Lords Journal Volume 12
6 March 1671

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1767-1830

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'House of Lords Journal Volume 12: 6 March 1671', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 444-446. URL: http://british-history.ac.uk/report.aspx?compid=12765 Date accessed: 20 April 2014. Add to my bookshelf


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DIE Lunæ, 6 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

His Royal Highness the Duke of Yorke.
Arch. Cant.
Arch. Eborac.
Epus. London.
Epus. Winton.
Epus. Ely.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Oxon.
Epus. Rochester.
Epus. Bangor.
Epus. Lyncolne.
Epus. Chester.
Epus. St. Asaph.
Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Dux Richmond.
Dux Monmouth.
Marq. Worcester.
Marq. Dorchester.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Edwardus Comes Manchester, Camerarius Hospitii Domini Regis.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Bedford.
Comes Suffolke.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Clare.
Comes Berks.
Comes Rivers.
Comes Dover.
Comes Petriburgh.
Comes Winchilsea.
Comes Chesterfeild.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes St. Albans.
Comes Essex.
Comes Cardigan.
Comes Anglesey.
Comes Craven.
Comes Aylisbury.
Vicecomes de Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Awdley.
Ds. Delawarr.
Ds. Berkeley de Berkley.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby.
Ds. Chandos.
Ds. Petre.
Ds. Arundell.
Ds. Grey.
Ds. Maynard.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Powis.
Ds. Newport.
Ds. Hatton.
Ds. Byron.
Ds. Widdrington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerrard.
Ds. Langdale.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Crewe.
Ds. Howard de Castle Rysing.

PRAYERS.

Additional Excise Bill.

The Earl of Bridgwater reported, "That the Committee of the whole House had taken into Consideration the Bill for an additional Excise upon Beer and Ale, and other Liquors, and have made some Amendments therein, and added a Proviso, which are offered to the Consideration of the House."

The said Amendments and Proviso, being read Twice, and after some shall Alteration in the Proviso made at the Table, were Agreed to.

Then,

Hodie 3a vice lecta est Billa, "An Act for an additional Excise upon Beer, Ale, and other Liquors."

The Question being put, "Whether this Bill, with the Amendments and Proviso now read, shall pass?"

It was Resolved in the Affirmative.

Paris Garden Bill.

Hodie 1a vice lecta est Billa, "An Act for making the Manor of Paris Garden a Parish, and to enable the Parishioners of St. Saviour's Southwark to raise a Maintenance for Ministers, and for Repair of their Church."

Message to H. C. with the additional Excise Bill.

A Message was sent to the House of Commons, by Justice Tyrrill and Baron Turner:

To return the Bill for an additional Excise upon Beer, Ale, and other Liquors, wherein the Lords have made some Amendments, and have added a Proviso; to which the Concurrence of the House of Commons is desired.

ORDERED, That the Lord Langdale hath Leave to be absent from his Attendance on this House for some Time, and hath Leave to give his Proxy.

Message from thence, for a Conference about it.

A Message was brought from the House of Commons, by Sir Robert Carr Knight and others; who said, "That the Knights, Citizens, and Burgesses of the House of Commons, in Parliament assembled, desire a Conference, touching Amendments in a Bill for an additional Excise upon Beer, Ale, and other Liquors."

L. Holles, Complaint against L. C. Justice of K. B.

Whereas the Lord Chief Justice of the Court of King's Bench was appointed to attend this House this Day, upon the Complaint of the Lord Holles, for having some Indignities put upon him by the said Lord Chief Justice, at the Trial of some French Gentlemen in the Court of King's Bench, who were there falsely accused by some Butchers in Easter Terme last:

The Lord Chief Justice being present, the Petition of the Lord Holles was read; to which the Lord Chief Justice made a large Narrative of the whole Proceedings before him, and concluded with this Confession, "That he said there was a foul Contrivance of the Business; but he did not intend it of the Lord Holles."

After which, the Lord Holles made a long Discourse of the whole Business, and concluded with a Desire, "That some Witnesses who attended at Door might be presently sworn; and that the House would appoint a Day, when they might be heard at the Bar, to give Evidence in the Business."

Whereupon it is ORDERED, That his Lordship's Witnesses shall attend this House on Friday Morning next, at which Time this House will hear what they can say concerning this Matter.

Answer to H. C.

The Answer to the Messengers of the House of Commons was:

That this House will give a Conference, as is desired; and appoints the same to be presently, in the Painted Chamber.

Message from thence, to return the Bishops of Bangor's and St. Asaph's Bill.

A Message was brought from the House of Commons, by Mr. Crowch and others; who said, "He was commanded, by the Knights, Citizens, and Burgesses of the House of Commons, in Parliament assembled, to return a Bill sent down from their Lordships, to enable Rob't Lord Bishop of Bangor and Isaac Lord Bishop of St. Asaph, and their respective Successors for ever, to let for One and Twenty Years all Lead Mines in their Soil; to which the Commons have agreed, without any Amendments."

These Lords following were appointed to report the Conference with the House of Commons:

L. Chamberlain.
E. of Bridgwater.
E. of North'ton.
E. of Essex.
E. of Anglesey.
Bp. of Sarum.
Bp. of Rochester.
L. Lucas.

Then the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference on the additional Excise Bill.

The Lord Chamberlain, with the Assistance of the other Lords, reported the Effect of this Conference with the House of Commons; which was managed by Sir Robert Howard, who said, "That the House of Commons had considered the Amendments and Proviso made by their Lordships in the Bill for an additional Excise upon Beer, Ale, and other Liquors; and they do agree to the First Amendment, and do also agree to the leaving out the Word ["Commissioners"]; but to the Amendment concerning setting of Prices upon Beer and Ale, they cannot agree to it, because, they say, it is impracticable, and no certain Price can be set, by reason of the Incertainty of the Prices of Corn; and such Rates as are set by the Statute are only advantageous to Informers; and if a Price be set upon Beer and Ale, it must have an Effect on the Price of Corn, and then there must be less Barley consumed.

"As to the Proviso concerning The Ile of Man, the Commons say, it will take off all Custom, and Barley may be brought from all Parts thither, and there brewed free of all Custom; for these Reasons, they cannot agree with their Lordships in this Proviso."

Additional Excise Bill.

The Lords, upon Consideration of what was offered by the House of Commons, agreed with them, that no Price should be set on Beer and Ale, with the Addition of these Words ["during the Continuance of this Act"].

As to the Proviso, the Lords agreed to leave it out.

And this House ORDERED, To communicate these Resolutions to the House of Commons presently, at a Conference.

Message to H. C. for another Conference on it.

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

To desire a present Conference, in the Painted Chamber, concerning the Subject-matter of the last Conference.

The Messengers return with this Answer:

Answer.

That the House of Commons will give a Conference, as is desired.

Burrell versus Ellis.

ORDERED, That on Saturday Morning next, this House will take into Consideration what Judgement to give, in the Cause between Rebecca Burrell and Serjeant Ellis.

Committees to meet.

The Committee for Privileges and the Committee for the Brandy Bill are to meet on Thursday next, in the Afternoon.

The Committee for Mr. Yelverton's Bill to meet on Thursday next, in the Afternoon.

Then the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Bill for exporting Beer &c.

The Earl of Essex reported, "That the Committee considered the Bill for exporting Beer, Ale, and Mum, and have made some Amendments therein;" which, being read Twice, were Agreed to.

Hodie 3a vice lecta est Billa, "An Act for exporting Beer, Ale, and Mum:"

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

It was Resolved in the Affirmative.

Message from H. C. that they agree to the additional Excise Bill.

A Message was brought from the House of Commons, by Sir Rob't Howard Knight, and others; who said, "He was commanded, by the Knights, Citizens, and Burgesses of the House of Commons, in Parliament assembled, to acquaint their Lordships, that they do agree with their Lordships in the Amendments made in the Bill for an additional Excise, delivered at the last Conference."

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 this short Speech following:

Speaker of H. C. Speech.

"May it please Your Most Excellent Majesty;

"The Knights, Citizens, and Burgesses, in the Commons House of Parliament, taking into their serious Consideration the Supply of Your Majesty, for the carrying on the great Charge of the Government and Payment of Your Majesty's Debts, present Your Majesty with Two Bills; the one intituled, "An Act for granting a Subsidy to His Majesty, for Supply of His Extraordinary Occasions;" the other, "An Act for an additional Excise on Beer, Ale, and other Liquors;" which they beseech Your Majesty to accept of, as an Earnest of their dutiful Affections to You."

Bills passed.

After this, these Public and Private Bills following received the Royal Assent; the Clerk of the Crown reading the several Titles:

"1. An Act for granting a Subsidy to His Majesty, for Supply of His extraordinary Occasions."

"2. An Act for an additional Excise on Beer, Ale, and other Liquors."

To these 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."

"3. An Act for revesting the Power of granting Wine Licenses in His Majesty, His Heirs and Successors; and for settling a Recompense on his Royal Highness in Lieu thereof."

"4. An Act to prevent malicious maiming and wounding."

"5. An Act to prevent the malicious burning of Houses, Stacks of Corn and Hay, and killing or maiming of Cattle."

"6. An Act for Continuance of a former Act, to prevent Arrests of Judgements, and superseding Executions."

"7. An Act for Continuance of a former Act, intituled, An Act to prevent Delays in extending Statutes, Judgements, and Recognizances."

"8. An Act for the regulating the Making of Kidderminster Stuffs."

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

"Le Roy le veult."

Private Bills.

"1. An Act to enable Christopher Duke of Albemarle to re-convey several Manors and Lands mortgaged to George late Duke of Albemarle, his Father."

"2. An Act to enable the Guardians of Charles Earl of Shrewsbury and John Talbott Esquire, Infants, to dispose of certain Manors, Lands, and Tenements, for the Benefit of the said Infants."

"3. An Act for confirming Agreements between the Lord Viscount of Stafford and his Lady, and their Customary Tenants and Copyholders."

"4. An Act to enable Robert Lord Bishop of Bangor and Isaac Lord Bishop of St. Asaph, and their respective Successors for ever, to let for One and Twenty Years all Lead Mines in their Soil."

"5. An Act to enable the making Conveyances of Part of the Estate of James Lord Norreys, during his Minority."

"6. An Act for empowering the Executors and Trustees of Henry late Lord Ingram, Viscount Irwin in the Kingdom of Scotland, deceased, to sell certain Lands, for the Payment of Debts and Legacies."

"7. An Act for granting to Sir Phillip Howard and Francis Watson Esquire the sole Use of a Manufacture, Art, or Invention, for the Benefit of Shipping."

"8. An Act to enable Francis Courtney Esquire to join with Sir William Courtney his Father, in a Conveyance for settling their Estate."

"9. An Act for the better Payment of the Debts of Sir Clifford Clifton Knight, deceased, and raising Portions for his Daughters."

"10. An Act for settling an Agreement between Sir William Smith and Sir Thomas Hooke Baronets, German Poole, and others."

"11. An Act to enable the Daughters and Coheirs of Sir John Fitzjames to join in a Sale of Lands, for Payment of his Debts."

"12. An Act for the better explaining of an Act made in this present Parliament, intituled, An Act for the making of the Church erected at Falmouth a Parish Church, and no Part of Gluvias, or Chapelry of St. Budock."

"13. An Act to enable Elizabeth, Mary, and Letitia Hamond, to sell certain Lands, in the Bill mentioned."

"14. An Act for the rectifying a Mistake of Dates of Deeds, mentioned in an Act of Parliament, intituled, An Act to enable John Bill Esquire to sell certain Lands, in Kent and Surrey."

"15. An Act for an Exchange and Sale of Lands, for Payment of the Debts of Benedict Hall Esquire."

"16. An Act for the settling the Manor of Portswood, and other Lands late of John Knight Gentleman, in the County, and Town and County, of Southampton, in John Parker Serjeant at Law, Mr. William Morgan, and William Blennerbasset, of London, Gent. to be sold, for Payment of Debts."

To these severally 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 have nothing to say to you now, but to thank you very heartily for the Two Bills now passed for My Supply; and to desire you make what Haste you can in such Public Bills as are in your Hands, that there may be a Recess towards the latter End of this Month."

This being ended, His Majesty withdrew Himself; and the Commons went to their House.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 9um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.