House of Lords Journal Volume 11
28 December 1660

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1767-1830

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'House of Lords Journal Volume 11: 28 December 1660', Journal of the House of Lords: volume 11: 1660-1666 (1767-1830), pp. 229-232. URL: http://british-history.ac.uk/report.aspx?compid=14096 Date accessed: 22 October 2014.


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DIE Veneris, 28 die Decembris.

PRAYERS, by Dr. Hodges.

Domini præsentes fuerunt:

D. of Cumberland.
L. Steward.
L. Great Chamberlain.
L. Chamberlain of the Household.
Comes Oxon.
Comes Derby.
Comes Portland.
Comes Marlborough.
Comes Brid'water.
Comes Dorsett.
Comes Sarum.
Comes Suffolke.
Comes Bristoll.
Comes Clevland.
Comes Berks.
Viscount Stafford.
Viscount Fauconbridge.
Comes Monmouth.
Comes Lyncolne.
Comes Scarsdale.
Comes Carnarvon.
Comes Newport.
Comes Rivers.
Comes North'ton.
Comes Bedford.
Viscount Mountagu.
Comes Shrewsbury.
Comes St. Albans.
Comes Peterborough.
Ds. Cancellarius.
Ds. Robertes.
Ds. Craven.
Ds. Culpeper.
Ds. Hatton.
Ds. Petre.
Ds. Hunsdon.
Ds. Byron.
Ds. Crumwell.
Ds. Willoughby.
Ds. Coventrey.
Ds. Lucas.
Ds. Grey.
Ds. Howard of Esc.
Ds. Arrundell.
Ds. Newport.
Ds. Howard of Charlt.
Ds. Wharton.
Ds. Brudnell.
Ds. Lexington.
Ds. Wentworth.
Ds. Euers.
Ds. Carrington.
Ds. Lovelace.
Ds. Ward.
Ds. Morley.
Ds. Crofts.
Ds. Gerrard.
Ds. Tenham.
Ds. Paulett.

E. of Oxon, E. of Derby, and L. Windsor, about the Office of L. Great Chamberlain.

Upon reading the several Petitions of Awbrey De Vere Earl of Oxon, Charles Earl of Derby, and Thomas Lord Windsor, concerning the Office of the Great Chamberlain of England, with His Majesty's References upon the said Petitions to the Peers in Parliament; and likewise the Petition of Mountague Earl of Lyndsey, Great Chamberlain of England, concerning his Claim to the Earldom of Oxford:

It is ORDERED, by the Lords in Parliament assembled, That the Consideration of the said Petitions (fn. *) is adjourned to the Fourth Day of the Sitting of the next Parliament.

E. of Cleveland's Bill.

ORDERED, That, by the next Message sent to the House of Commons, there by Notice given to them, that their (fn. †) Lordships do agree to the Amendments in the Earl of Cleveland's Bill.

Bill for prizing, &c. Wines

The Earl of Portland reported the Bill concerning Licensing of Wines, &c. as sit to pass as it is, without any Alterations.

Hodie 3a vice lecta est Billa, "An Act for the better ordering the selling of Wines by Retail; and for preventing Abuses in the mingling, corrupting, and vitiating, of Wines; and for settling and limiting the Prices of the same."

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

It was Resolved in the Affirmative.

Bill to prevent the Exportation of Wool, &c.

The Committee concerning the Bill for Wool and Wool Fells were ordered to meet presently; and the House was adjourned (fn. *) during Pleasure.

The House was resumed.

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

That they agree to the Alterations in the Bill concerning the Covent Garden Church.

E. of Lyndsey's Petition.

The Petition of the Earl of Lyndsey, concerning his Claim of Title to the Earldom of Oxford, with the Reference from His Majesty, was read. (Here enter it.)

Message from H. C. with an Order.

A Message was brought from the House of Commons, by Sir Thomas Meares, &c.; who brought up an Order to give Ten Thousand Pounds to the Queen of Bohemia.

Read, and Agreed to.

(Here enter it.)

The Answer returned was:

Answer.

That this House agrees with the House of Commons in the Order now brought up.

Preston Rectory and Vicarage Bill.

The Earl of Bridgwater reported the Bill concerning the Vicarage of Preston, &c. as sit to pass, with some few Amendments; which, being read Twice, were agreed to.

Hodie 3a vice lecta est Billa, "An Act for disappropriating the Impropriation of Preston."

And the Question being put, "Whether this Bill, with the Alterations now read, shall pass for a Law?"

It was Resolved in the Affirmative.

Message to H. C. with Bills.

A Message was sent to the House of Commons, by Dr. Chylde and Mr. Escott:

To deliver to them the Bill concerning Preston, and desire their Concurrence in the Alterations.

2. To let them know, that this House agrees to the Bill concerning the Earl of Cleveland, with the Alterations therein; and that their Lordships have passed the Bill concerning Wines.

E. of Oxon's E. of Lyndsey's, E. of Derby's, and L. Windsor's Petitions.

ORDERED, That the Consideration of the Earl of Oxon's Petition, and the Earl of Derbye's Petition, and the Lord Windsor's Petition, concerning the Office of Great Chamberlain; and also the Petition of the Earl of Lyndsey, concerning his Claim to the Earldom of Oxon, is adjourned to the Fourth Day of the Sitting of the next Parliament.

Message from H. C. for a Conference on the Bill for further Amendment of the Poll Bill; and to sit P. M.

A Message was brought from the House of Commons, by Sir George Downing:

To desire a Conference, touching the Bill for Review of the Poll Bill.

2. To desire their Lordships would please to sit this Afternoon.

The Answer returned was:

Answer.

That this (fn. *) House will give a present Conference, in the Painted Chamber; and that their Lordships will sit this Afternoon, as is desired.

Message from H. C. with a Bill;--to remind the Lords of Two Bills, and to desire the Wine Bill may be returned to them.

A Message was brought from the House of Commons, by Sir William Lewis Knight; who brought up a Bill for raising of Seventy Thousand Pounds for His Majesty.

2. To put their Lordships in Mind of [ (fn. *) passing the Bills] concerning Wool and Wool Fells, &c. and for Augmentation of Vicarages.

3. To desire the Bill concerning Wines may be returned to them, in regard it concerns Money.

Answer from thence.

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

That they agree to the Alterations in the Bill concerning Preston.

Bill for raising 70,000£.

Hodie 1a vice lecta est Billa, "An Act for the raising of Seventy Thousand Pounds, for the further Supply of His Majesty."

The House of 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.

ORDERED, That the Report of this Conference shall be put off until the Afternoon.

Order for 10,000£. for the Queen of Bohemia.

"ORDERED, by the Lords and Commons assembled in Parliament, That, as an Evidence of the great Respect which the Houses bear to Her Majesty the Queen of Bohemia, there be presented to Her said Majesty the Sum of Ten Thousand Pounds, which is hereby charged on the Arrear of Excise due the 25th of December Instant, and is ordered to be paid, for Her Majesty's Use, to such Person as She shall in that Behalf appoint to receive the same, in Course, next after the other Sums satisfied, which are charged on the Excise by former Orders of this present Parliament: And the Commissioners of Excise are empowered and required to pay the same accordingly; and the Acquittance of Her said Majesty, or Her Assigns, testifying the Receipt thereof, shall be to the said Commissioners a sufficient Warrant and Discharge."

E. of Lyndsey's Petition, claiming the Euldom of Oxford.

"To the King's Most Excellent Majesty.

"The Humble Petition of Mountague Earl of Lyndsey, Lord Great Chamberlain of England;

"Sheweth,

"That, upon the respective Claims of Robert Lord Willoughby of Earsby (afterwards Earl of Lyndsey), the Petitioner's Father, and of Robert De Veer Esquire, to the Office of Great Chamberlain of England, and to the Title and Dignity of the Earldom of Oxford, Your Majesty's late Father, of Ever-blessed Memory, was graciously pleased, in or about the First Year of His Reign, to refer the Consideration of their several Pretences to the said Office, and Earldom of Oxford, to the House of Peers then sitting in Parliament, who, upon Advice with the Reverend Judges, did then certify His late Majesty, That the Office of Great Chamberlain did appertain to the Petitioner's Father and his Heirs; and in regard your Petitioner's Father was not then fully acquainted with such Records and Proofs (which, if shewn, might have manifested to their Lordships his Right to the said Earldom of Oxford, and which the Petitioner is now ready to produce), the said Peers did also certify, the said Earldom did belong to the said Robert De Veer; by virtue whereof, Sir Aubrey De Veer Knight of the most Honourable Order of the Garter, Son of the said Robert, doth now claim and enjoy the said Earldom of Oxford, to the great Wrong of your Suppliant.

"May it therefore please Your Sacred Majesty, to be graciously pleased to refer the Rehearing of the Petitioner's Right to the said Earldom of Oxford to the most Noble Peers now assembled in Parliament; that, if it shall appear to them just to re-examine the former Proceedings, they may proceed therein in such Manner as to their Lordships shall seem to stand with Honour and Justice, and to certify Your Majesty their Opinions thereupon; and that the said Sir Aubrey De Veer may be summoned to answer the Premises, and that he may shew what Right and Title he hath to the said Earldom of Oxford.

"And your Petitioner shall ever pray for Your Majesty's long and happy Reign.

"Lindsey."

The King's Reference of it.

"At the Court at Whitehall, the 26th of Dec. 1660.

"His Majesty is graciously pleased to refer this Petition to the Peers sitting in Parliament, to hear the Petitioner and the Earl of Oxford, concerning the said Earldom of Oxford; and to do therein according to Justice and Honour.

"Edw. Nicholas."

Adjourn.

House adjourned till 4a post meridiem.

DIE Veneris, 28 Decembris, post meridiem.

PRAYERS, by Dr. Hodges.

Domini præsentes fuerunt:

Comes Northumb.
Comes Bridgwater.
Comes Portland.
Viscount Stafford.
Comes Lyncolne.
L. Chamberlain.
Comes Peterborough.
Comes Scarsdale.
Comes (fn. *) Bedford.
Comes Carnarvon.
Comes Cleveland.
Viscount Mountagu.
Comes Devon.
Comes North'ton.
Comes Berks.
Comes Sarum.
Comes Dorsett.
Comes Suff.
Comes Oxford.
Comes Shrewsbury.
Comes Derby.
Comes Nottingham.
Comes Bristoll.
Comes St. Albans.
Comes Strafford.
Comes Chesterfeild.
Comes Thanett.
Comes Newport.
Comes Sandwich.
Comes Dover.
Comes Monmouth.
Ds. Cancellarius.
L. Hunsdon.
L. Grey.
L. Willoughby.
L. Byron.
L. Lucas.
L. Robertes.
L. Euers.
L. Chandois.
L. Howard de Esc.
L. Poulett.
L. Lexington.
L. Wharton.
L. Howard of Charlt.
L. D'acre.
L. Craven.
Ds. Arrundell.
L. Berkeley.
L. Newport.
L. Petre.
L. Lovelace.
L. Berkley of Berkley.
L. Crofts.
L. Tenham.
L. Gerrard of Brandon.
L. Ward.
L. Carrington.
L. Abergaveny.
L. Crumwell.
L. Loughborough.
L. Culpeper.
Dutton L. Gerard.

Report of the Conference, concerning the Bill for further Amendment of the Poll Bill.

The Lord Chancellor reported the Effect of the Conference this Morning with the House of Commons, concerning the Bill for Review of the Poll Bill:

"That their Lordships would please, in some reasonable Manner, to charge themselves, because they find the Sum now comes not near that Proportion as was paid by the Lords in the former Poll Bill; and that the Commons do not agree in the Proviso sent down concerning rating of the Lords, but adhere to their own Alterations, without the Lords Additions."

Committee to consider of it.

Hereupon these Lords following were appointed to consider of the Matter of this Conference; and to offer their Opinions thereof to the House presently:

L. Chamberlain.
E. Portland.
L. Wharton.
L. Willoughby.
L. Arrundell.
Robertes.
L. Lucas.

The Question being put, "Whether the Lords Committees should consider of the said Proviso, and to make any Additions thereunto?"

It was Resolved in the Affirmative.

Lords to pay Poll Money.

ORDERED, That Mr. Clotterbuck, who is Receiver of the Poll Money of the Nobility, shall earnestly desire those Lords that have not paid their Poll Money, to pay it in speedily unto him.

Bill to raise 70,000£.

Hodie 2a vice lecta est Billa, "An Act for raising of Seventy Thousand Pounds, for a further Supply of His Majesty."

The Lords Committees reported some Addition to the Proviso in the Poll Bill; which Addition was read, and upon the Question agreed to, and ordered to be communicated to the House of Commons. To that Purpose,

Message to H. C. for a Conference on the Bill for further Amendment of the Poll Bill.

A Message was sent to the House of Commons, by Dr. Chyld and Mr. Glascocke:

To desire a present Free Conference, in the Painted Chamber, touching the Matter of the last Conference.

The Answer returned was:

Answer.

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

Bill to raise 70,000£.

Hodie 3a vice lecta est Billa, "An Act for raising Seventy Thousand Pounds, for the further Supply of His Majesty."

And the Question being put, "Whether this Bill, with the Proviso now read, shall pass for a Law?"

It was Resolved in the Affirmative.

Message to H. C. with it, and the Bill for prizing, &c. Wines.

A Message was sent to the House of Commons, by Dr. Chyld and Sir Edmond Peirce:

To deliver to them the Bill for raising Seventy Thousand Pounds for His Majesty's further Supply, with the Proviso added by their Lordships, and to desire their Concurrence therein.

Also to deliver to the Commons the Bill for Wines.

The Lord Chancellor and the Lord Robertes were appointed to manage the Free Conference with the House of Commons, concerning the Bill for Review of the Poll Bill.

The Commons being ready for the Conference in the Painted Chamber, the House was adjourned during Pleasure, and the Lords went to the Conference: Which being ended ;

Report of the Conference on the Bill for further Amendment of the Poll Bill.

The Lord Chancellor reported the Effect of this Free Conference:

"That he had acquainted the House of Commons with the Addition made by their Lordships in the Proviso in the Bill for Review of the Poll Bill, wherein, the Commons do observe, their Lordships have not made any Provision effectual to cause the Monies to be levied upon the Peers in Case of Refusal; which (fn. *) they offer to their Lordships Consideration, and desire it may be made effectual according to their Lordships Intention."

And after some Debate;

The Question was put, "Whether the former Committee for this Business shall withdraw presently, to mend the said Proviso, according to the Sense of the House upon this Debate?"

And it was Resolved in the Affirmative.

Afterwards, upon Report to the House of what had been agreed upon by the Committee to be added to the said Proviso, the Addition being read;

The Question was put, "Whether to agree to the Addition now read?"

It was Resolved in the Affirmative.

The House of Commons staying in the Painted Chamber for an Answer herein, the House was adjourned during Pleasure; and the Lords went to the Conference, to return them the Resolution of the House therein; which being ended, the House was resumed.

Adjourn.

House adjourned till 10a cras, Aurora,

Footnotes

* Origin. are.
Deests in Originali.
* Deest in Originali.
* Origin. passings.
* Bis in Originali.
* Origin. the.