House of Lords Journal Volume 11: 7 December 1661

DIE Saturni, 7 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Ds. Capit. Justic. de Com. Placit. Speaker.

PRAYERS.

Dutchy of Cornwall Bill.

Mr. Attorney General was heard, on His Majesty's Behalf, concerning the Bill depending in this House, to enable the King to make Leases and Estates out of His Dutchy of Cornwall: And he having moved His Majesty to know His Pleasure therein, He is willing the Bill should pass.

Hereupon it is ORDERED, That the Committee for this Bill do meet on Monday Morning next, at Nine of the Clock, and consider of it.

Report concerning the Message from H. C. for swearing Witnesses here, to be examined in their House.

The Earl of Bridgwater reported, "That the Committee for Privileges did meet Yesterday in the Afternoon, about the Business of the Message from the House of Commons, for swearing Witnesses at this Bar, to be examined in the House of Commons: And the Committee have searched for Precedents in the Case; but finding no others but what were mentioned in this House upon the Debate, and those not being in their Opinion full in the Case, the Committee thinks it a Business of too great Consequence for them to meddle in, and have thought it fit to leave it to the Wisdom of this House."

ORDERED, That those Committees which were suspended Yesterday from Sitting, do meet on Tuesday next in the Afternoon.

Absent Lords excused.

ORDERED, That the Earl of Leycester's Absence from this House is excused, in regard of his ill Health; he having License from the King.

ORDERED, That the Lord Wentworth is excused for his Absence; he being not well.

Bill for confirming Private Acts.

The Earl of Portland reported from the Committee, the Bill for confirming some Private Acts; wherein the Committee hath made some Alterations and Additions, which they offer to the Consideration of the House.

The said Alterations and Additions were read Twice, and Agreed to.

Hodie 3^a vice lecta est Billa, "An Act for confirming of Private Acts."

The Question being put, "Whether this Bill, with the Alterations and Additions, shall pass ?" It was Resolved in the Affirmative.

Conference about swearing Witnesses at this Bar, to be examined in H. C.

ORDERED, That this House have a Conference with the House of Commons, to acquaint them with those Reasons why this House cannot agree to their Message concerning swearing of Witnesses here at this Bar, to be examined in the House of Commons, in the Case of vacating Fines levied by Sir Edward Powell and his Lady.

Message to H. C. for it.

A Message was sent to the House of Commons, by Sir Thomas Bennett and Sir Toby Wolridge:

To desire a present Conference, in the Painted Chamber, concerning the Message from them, touching Witnesses to be sworn at this Bar, to be examined in their House.

Managers of the Conference:

These Lords following are appointed to manage this Conference with the House of Commons:

Heads for it.

The Matter of this Conference was to be to this Effect: To let the House of Commons know, That, upon their Message received on Thursday, to desire that Witnesses may be sworn at this Bar, in order to be examined at the Bar of that House, upon the Subject Matter of the Bill sent from the Lords, concerning the Bill for vacating certain Fines, levied by Sir Edward Powell and his Lady; the Lords, retaining a constant Resolution to maintain all good and fair Correspondency between the Two Houses, in doing whatsoever they might in satisfying the Desires of that House, did take some Pains in searching after Precedents in this Case; but, finding none to warrant such a Proceeding, thought fit to appoint this Conference, to give them this Satisfaction in this Particular."

ORDERED, That the Duke of Albemarle is added to the Committee for dividing of Trynity Church, in Hull.

ORDERED, That the Marquis of Worcester and the Lord Tenham are added to the Committee for Privileges.

Brescy versus Babb.

Upon Report made this Day to the House, from the Committees of Petitions, in the Cause between Brescy and Babb:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the whole Merits of the Cause is hereby re-committed to the said Committee; and that Serjeant Wylde, One of His Majesty's Counsel, do assist the said Committee in this Cause; whose Lordships are to meet on Tuesday next, at Three of the Clock in the Afternoon, in the Painted Chamber.

Leigh and Sir H. Pigott.

Upon Report this Day made from the Committee of Petitions, in a Cause between Goddard Leigh and Sir Henry Pigott:

It is ORDERED, That the said Cause is hereby recommitted unto the further Consideration of the said Committee; whose Lordships are to meet on Tuesday next, at Three of the Clock, in their accustomed Place, with a Continuance of their former Powers.

Order for exempting Peers from Charges for the Militia, &c.

ORDERED, That it is hereby referred to the Committee of Privileges, to consider of the former Order of this House, for exempting the Peers of this Realm from any Assessment for Horse and Arms, or any other Military Charge; and afterwards to make Report of the same to this House.

Ld. Grey versus Swinhoe, for quartering Soldiers upon him in Northumb.

Whereas there was formerly a Complaint unto this House, by the Lord Grey de Warke, a Peer of this Realm, That one Captain Swinhoe had quartered divers Soldiers, and raised several Sums of Money, upon his Lordship, in the County of Northumberland, contrary to the Laws of this Realm, and the Privileges of Peers;" whereupon the Lords in Parliament did order the said Captain Swinhoe to appear at a certain Day, to answer his said Offence; who, being served with the said Order, did yet refuse to appear; of which, Oath being made at this Bar, the Lords did order, That the said Captain Swinhoe should be attached as a Delinquent, and brought before this House, to answer his said Contempt: Which being accordingly done this Day, and he being charged with the aforesaid Offences, confessed the Matter of Fact, and humbly submitted himself to the Pleasure of this House; and offered to make such Satisfaction as this House should order.

The Lords, resenting this Business as an Offence of a very high Nature, as concerning all the Peers of this Realm, took into Consideration what exemplary Punishment to inflict upon the said Captain Swinhoe, as might be suitable to an Offence of so high a Crime, and whereby others may be deterred from committing the like for the future.

But, upon the earnest Desire and Intercession of the Lord Grey, this House was inclined to a Clemency below the Desert of a Transgression of so high a Nature.

Whereupon it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Captain Swinhoe shall be brought to this Bar, upon his Knees, as a Delinquent, and make his humble Acknowledgement of his aforesaid high Offence to this House in general, and to the Lord Grey in particular; and that, before his Releasement from his present Restraint, he re-pay all such Sums of Money as were raised upon the Lord Grey in several Places, and the Charge of Billeting of the Soldiers in Northumberland; and also pay such Charges as his Lordship or his Servants have been at, by reason of this Business; and likewise pay to the Officers of this House such Fees as are due unto them from such Delinquents; and thereupon shall be discharged.

Adjourn.

Ds. Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 9^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.