House of Lords Journal Volume 11: 24 July 1663

DIE Veneris, 24 die Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Heads for a Conference on the D. of York's Bill.

The Lord Privy Seal reported, "That the Committee have met, and drawn up some Reasons to be given the House of Commons at a Conference, for leaving out the Proviso in the Bill concerning granting of Wine Licenses."

Which were read, as follow:

"1. The Proviso concerning the old Patents for selling Wine, &c. is foreign to the Bill; the Bill being only a Settlement, and not an Altering, of a Revenue.

"2. It provideth for such who were not provided for, but excluded, by the former Act.

"3. It destroyeth Interests founded on the former Act of Parliament for Wine Licenses.

"4. The Proviso doth not only allow Licenses not allowed by the former Act; but confirmeth them by Act, and so far abrogateth and repealeth the former Act.

"5. The Proviso allows of Patents never produced nor examined, which is not usual, but very dangerous; for, let these Patents contain never so illegal Clauses, yet without Perusal they are allowed, which was not the Practice of former Parliaments.

"6. It is inconsistent with the Scope of the Bill; which is, to settle an honourable Maintenance on his Royal Highness the Duke of York and the Heirs Males of his Body, which will be much impaired and disturbed thereby."

The House approved of these Reasons.

Message to H. C. for this Conference.

A Message was sent to the House of Commons, by Sir Thomas Birde and Sir Nathaniell Hobard:

To desire a Free Conference, presently, in the Painted Chamber, touching the Matter of the Conference Yesterday, concerning the Proviso in the Bill for granting Wine Licenses.

Herring Fishery Bill.

The Earl of Sandwich reported from the Committee the Bill concerning Herring and other Fisheries, as fit to pass as it is; but the House thought fit to enlarge the Title of it.

Hodie 3^a vice lecta est Billa, "An Act for regulating the Herring and other Fisheries, and for Repeal of the Act concerning Madder."

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

It was Resolved in the Affirmative.

Bill to amend the Act of Uniformity.

Hodie 1^a vice lecta est Billa, "An Act for Relief of such Persons as, by Sickness or other Impediment, were disabled from subscribing the Declaration in the Act of Uniformity, and Explanation of Part of the said Act."

Bill to amend the Act for Money for Officers who served the King during the late Troubles.

The Lord Craven reported from the Committee, the Bill concerning the loyal indigent Officers, with some small Amendments; which, being read Twice, were Agreed to.

Hodie 3^a vice lecta est Billa, "An Act to explain and supply a former Act, for distributing of Threescore Thousand Pounds amongst the truly loyal and indigent Commission Officers; and for assessing of Offices, and for distributing the Monies thereby raised for their further Supply."

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

It was Resolved in the Affirmative.

The Lord Howard of Charlt. reported Three Bills of Naturalization, as fit to pass, without any Amendments:

Nat. Bills.

1. For naturalizing of George Willoughby and others.

2. For naturalizing of Dame Elizabeth Jacob and others.

3. For naturalizing of Pieter de la Pierre, alias Peters.

Then these Three Bills were read, and passed, as follows:

Willoughby & al. Nat. Bill.

Hodie 3^a vice lecta est Billa, "An Act for the naturalizing of George Willoughby and others."

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

It was Resolved in the Affirmative.

Ly. Jacob' & al. Nat. Bill.

Hodie 3^a vice lecta est Billa, "An Act for the naturalizing of Dame Elizabeth Jacob and others."

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

It was Resolved in the Affirmative.

Peters Nat. Bill.

Hodie 3^a vice lecta est Billa, "An Act for confirming an Act for naturalizing of Peter de la Pierre, alias Peters, and John de la Pierre, alias Peters."

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

It was Resolved in the Affirmative.

Bill for Encouragement of Trade.

Next, the Committee for the Bill concerning Trade offered a Proviso to be added to that Bill against Planting of Tobacco in England; which, being read Twice, was Agreed to.

Then another Proviso was offered to be added to that Bill concerning Cattle and Corn to be imported from the Isle of Man; which was read, and Agreed to.

Hodie 3^a vice lecta est Billa, "An Act for the Encouragement of Trade."

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

It was Resolved in the Affirmative.

Memorandum, That, before the putting of the abovesaid Question, the Lord Privy Seal and the Earl of Anglesey desired Leave to enter their Protestation, if the Question was carried in the Affirmative.

Message to H. C. with Bills.

A Message was sent to the House of Commons, by Sir Thomas Birde and Sir Natbaniell Hobart:

To return these Bills following, with the Amendments, and desire Concurrence therein:

1. The Bill for encouraging of Trade.

2. The Bill concerning Herring and other Fisheries.

3. The Bill concerning the loyal indigent Officers.

2. To let the House of Commons know, that this House hath passed Three Bills of Naturalization:

1. The Bill for naturalizing of Peters.

2. The Bill for naturalizing of Dame Eliz. Jacob, &c.

3. The Bill for naturalizing of George Willoughby, &c.

Then the House was adjourned during Pleasure, and the Lords went to the Conference concerning the Bill for granting of Wine Licenses; which being ended, the House was resumed.

Message from H. C. with Bills; and for a Conference on the Excise Bill.

A Message was brought from the House of Commons, by Sir Robert Howard and others; who brought up these Bills following, whereunto their Lordships Concurrence is desired:

1. "An Act for encouraging the Manufacture of making Linen Cloth and Tapestry."

2. "An additional Act for the better ordering and collecting the Revenue arising by Hearth-money."

Another Part of the Message was, to desire a Free Conference concerning the Bill for Excise.

The Answer returned was:

Answer.

That this House appoints a Free Conference, to be presently, in the Painted Chamber.

Bill for better collecting Hearth-money.

Hodie 1^a vice lecta est Billa, "An additional Act for the better ordering and collecting the Revenue arising by Hearth-money."

Linen and Tapestry Bill.

Hodie 1^a vice lecta est Billa, "An Act for encouraging the Manufacture of making Linen Cloth and Tapestry."

Bill against Gaming.

The Bill against unlawful Gaming being engrossed, and coming now to be read the Third Time, before the said Reading, it was moved, "That certain Words in the Bill may be left out."

Which was accordingly done.

Hodie 3^a vice lecta est Billa, "An Act against deceitful, disorderly, and excessive Gaming."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

To deliver the Bill against unlawful Gaming, and desire Concurrence therein.

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

Protest against the Bill, for Encouragement of Trade.

"A Bill, intituled, An Act for the Encouragement of Trade, being this Day read the Third Time, and ready to be put to the Question for passing into a Law; it was moved, and granted by the House, That, if the Question passed in the Affirmative, such Peers as were against the Bill might enter their Protestation. And accordingly we whose Names are subscribed do protest against the said Bill being made a Law, for the Reasons following:

"1. Because, in the free Liberty given for Transportation of Money and Bullion, this Bill crosseth the Wisdom and Care of our Ancestors in all Ages; who, by many Laws and Penalties, upon excellent and approved Grounds, have restrained such Exportation, and thereby preserved Trade in a flourishing Condition.

"2dly, There appearing already great Want of Money in His Majesty's Dominions, and almost all the Gold of His Majesty's Stamp gone, notwithstanding the Restraint laid by Law, and the Importation of Foreign Commodities (which are grown to so great an Esteem and Use amongst us) being much greater than the Export of our Native and Staple Commodities; it must necessarily follow, by this free Exportation, that our Silver will also be carried away into Foreign Parts, and all Trade fail for Want of Money, which is the Measure of it.

"3dly, It will make all our Native Commodities lie upon our Hands, when, rather than stay for Gross Goods which pay Custom, the Merchant in a Quarter of an Hour, when his Wind and Tide serves, freights his Ship with Silver.

"4ly, It trencheth highly upon the King's Prerogative; He being, by the Law, the only Exchanger of Money, and His Interest equal to command that as to command the Militia of the Kingdom, which cannot subsist without it. And it is dangerous to the Peace of the Kingdom, when it shall be in the Power of Half a Dozen or Half a Score rich, discontented, or factious Persons, to make a Bank of our Coin and Bullion beyond the Sea, for any Mischief, and leave us in Want of Money, and it shall not be in the King's Power to prevent it, the Liberty being given by a Law; nor to keep His Mint a-going, because Money will yield more from than at the Mint.

"5ly, Because a Law of so great Change, and threatening so much Danger, is made perpetual, and not (fn. 1) Probationer.

"6ly, Because, in the Restraint laid upon Importation of Irish Cattle, common Right and the Subjects Liberty is invaded; whilst they, being by Law native Englishmen, are debarred the English Markets, which seems also to monopolize the Sale of Cattle to some of His Majesty's English Subjects, to the Destruction of others.

"7ly, It will, we conceive, increase the King's Charge of Ireland, by calling for Revenue from England, if that, which is almost the only Trade of Ireland, shall be prohibited, as in Effect it is, and so the People, we conceive, disabled to pay the King's Dues, or grant Subsidies in Ireland.

"8ly, It threatens Danger to the Peace of the Kingdom of Ireland, by universal Poverty, which may have an unhappy Influence upon the rest of His Majesty's Dominions.

"9ly, The Restraint upon Importation of Irish and Scotch Cattle will, we conceive, be Decay of Two of His Majesty's Cities of England, Carlisle and Chester, make a Dearth in London, and discommode many other Parts of England.

"Other Reasons are forborne, which Time will produce.

"Anglesey."

Adjourn.

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

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bill for better collecting Hearth-money.

Hodie 2^a vice lecta est Billa, "An additional Act for the better ordering and collecting the Revenue arising by Hearth-money."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Their Lordships, or any Five of them; to meet when and where they please.

Linen and Tapestry Bill.

Hodie 2^a vice lecta est Billa, "An Act for encouraging the Manufacture of making Linen Cloth and Tapestry."

ORDERED, That the Consideration of this Bill is referred to the same Committee as the Bill for Hearthmoney is.

Bedford Level Bill.

The Lord Lexington reported from the Committee, the Bill concerning Bedford Levell, wherein they have made some Amendments, and have added some Provisos, which are offered to the Consideration of the House; which, being read Twice, were Agreed to.

Hodie 3^a vice lecta est Billa, "An Act for settling the Draining of the Great Level of the Fens, called Bedford Levell."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Moundeford Brampston and Sir Will. Glascock:

To return them the Bill concerning Bedford Levell, wherein the Lords have made some Amendments, and added some Provisos, whereto their Concurrence is desired.

Bill to amend the Act of Uniformity.

Hodie 2^a vice lecta est Billa, "An Act for Relief of such Persons as, by Sickness or other Impediment, were disabled from subscribing the Declaration in the Act of Uniformity, and Explanation of Part of the said Act."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Their Lordships, or any Five of them; to meet To-morrow Morning, at Eight of the Clock, in the Prince's Lodgings.

Adjourn.

Dominus Custos Privati Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 25^um diem instantis Julii, hora decima Aurora, Dominis sic decernentibus.