House of Commons Journal Volume 8: 23 July 1663

Die Jovis, 23 Julii, 15 Car. IIdi Regis.

Prayers.

Linen and Tapestry.

SIR Thomas Littleton reports from the Committee to which the Bill for Setting up the Making of Linen and Tapestry Hangings . . . . ., That the Committee had agreed some Amendments to be made, and a Proviso to be added, to the Bill: Which he read in his Place; and after, delivered the same in at the Clerk's Table.

And the Amendments being twice read; and, upon the Question, agreed to;

The Proviso was twice read:

Ordered, That the Word "now" be added to the Proviso.

Which was done; and the Proviso, so amended, agreed to be Part of the Bill.

Another Proviso, on the Behalf of such as shall exercise the Trades in the Bill for Three Years, to enjoy the Privileges of Natural-born Subjects of this Kingdom, was twice read; and amended:

Resolved, &c. That the Proviso, amended, be agreed to.

Resolved, That the Bill, with the Amendments and Provisoes agreed to, be ingrossed.

Merchants, &c. Claims.

Sir Thomas Tompkins reports from the Committee to which the Petition of several Merchants, Victuallers, and other Tradesmen, was committed, That the Committee, upon hearing the Parties concerned, and Examination of the whole Matter, had proceeded to pass these Resolves:

1. That the Debt, in the Petition mentioned, is comprehended within the Act of Parliament for the Discharge of the Army and Navy; and was also stated by the Auditors, upon Oath; and presented to the Commissioners appointed by That Act; who would have issued the Warrants for the Discharge of it, but that there was no Money left.

2. That it be reported to the House, That it did appear, That the very individual Stores, for a very great Part, were in his Majesty's Magazines, and Fleet that brought home his Majesty: And that the Committee are further of Opinion, That it is a Debt that, in Honour and Justice, ought to be taken care of.

Resolved, That this House will take this Matter into Consideration at their next Meeting after the Recess.

Privilege.

Resolved, That Susan Dawson, and Mr. Samuell Bartlett her Attorney, be sent for in the Custody of the Serjeant at Arms attending this House, or his Deputy; for their Breach of Privilege, in disobeying the Order of this House, and giving new Notice for a Tryal against the Tenants of Mr. Graham, a Member of this House, after they had Notice of the said Order for Stay of Proceedings, in the Suit commenced at Law against the Tenants of the said Mr. Graham.

Conference desired with Lords.

Ordered, That Mr. William Coventry do go to the Lords, to desire a Conference with the Lords upon the Bill for settling the Profits of the Post Office and Wine Licences on the Duke of Yorke, and the Heirs Males of his Body.

Wool and Leather.

Mr. Barnaby reports from the Committee to which it was referred to inspect the Acts against transporting Wool and Wool-fells, and the Act against Exporting of Leather, That the Committee found the Acts defective in these Particulars; viz.

In the Act for Wool, &c.;

I. The Defect was made appear, by Counsel, That it was, for that there is Power to seize, but not to search.

II. That there are no particular Persons appointed to seize.

The Expedient propounded was, That the King might have Power to grant Commissions to particular Persons (not excluding others) to search and seize: Upon which it was voted,

That his Majesty have Power, by Himself, or the Lord Treasurer, to authorize any Persons under the Great Seal, or Privy Seal, to search any Wools, &c. intended to be transported, as in the Act; and that they have Power to break open any Warehouses, Barns, or other Places, and also into any Ship, Vessel, &c. to search and seize, as aforesaid: These not to restrain or hinder any other Persons appointed by the former Act or Acts of Parliament.

III. That the Packing and Pressing of any the Goods aforesaid by Screws, or any other Ways than by handing and treading, be, the Second time, made Felony.

The Reason whereof was, That this Inconvenience was much practised, notwithstanding the former Penalty; which was Forfeiture of the Goods, or Value thereof.

IV. It appeared, divers Persons were employed to pack up the Goods aforesaid by Screws, &c. that will not discover the Owner or Parties that employ them: Upon which it was voted,

1. That if any Person do pack or steeve any Wool, &c. that is not Owner of the Goods, but employed by some other Person to pack, &c.; and upon Examination before any Justice of the Peace, will not confess who is the proper Owner, or set him on Work on so packing, &c.; That such Person and Persons shall be committed, without Bail or Mainprize, to the next common Gaol; there to remain for Six Months; and to stand Three times on the Pillory within the Time of the said Six Months, publickly, in the next Market Town unto the said Gaol; and to be whipped at his Departure.

2. That it is the Desire of this Committee, That it be referred to this Committee, to draw a Bill to the Purposes aforesaid.

In the Act for Leather:

I. Upon Inspection into the Act against Transporting of Leather, the Committee were of Opinion, That there was a Defect in the Power given to search and seize; it being to the Masters and Wardens of the Shoemakers, &c. and to their Deputies; and to the Farmer and Officers of the Custom House; and to all Justices of Peace, Mayors, and Chief Officers of Corporations: Whereas they are not fit Persons to do it themselves; and they have no Power to depute; and therefore conceived to be ineffectual: They therefore voted,

That his Majesty have Power, by Himself, or the Lord Treasurer, to authorize any Persons, under the Great Seal, or Privy Seal, to search any Leather, to the end to prevent and hinder the further Transportation of any Raw Hides, or English Tanned Leather, contrary to the said Acts, or either of them: And that all Persons that shall be employed herein, that shall offend and do contrary to the Trusts and Powers given him, shall be liable to a Fine; and further, to give good Security to his Majesty's Use, for the well and due Performance hereof: This not to restrain or hinder any other Person appointed by the former Act or Acts of Parliament.

II. Objection, was against the Clause of Transporting of Calves-skins Thirty-six Pounds Weight per Dozen; for that they have a Trick to shave largest Calves-skins, to make them of that Weight: It was therefore voted,

That there may not be transported, out of the Kingdom of England, any manner of Calves-skins, dressed or undressed, which shall exceed the Weight of Twenty-four Pounds the Dozen; and that no one Skin do exceed the Weight of Two Pounds and an Half the Skin; upon Pain, that every Person offending herein shall, for every such Offence, forfeit the Sum of Five hundred Pounds; to be sued for, and recovered, as shall be prescribed.

III. Complaint was, That several Persons buy and sell Leather again without working it; to the great Prejudice of the Manufacture: They therefore voted,

That no Person should buy Leather, and sell it again unwrought, under the Penalty of Five hundred Pounds; Half to the King, Half to the Informer: But, on Complaint of divers Shoemakers, That the Way of Information was not so effectual, they desired it might be by Way of Searching and Seizing of the Leather: Upon which it was voted,

That his Majesty have Power, by Himself, or the Lord Treasurer, under the Great Seal, or Privy Seal, to authorize any Persons to search and seize all such Red Tanned Leather, as should be bought, sold, or transported, by any Person or Persons, contrary to, and prohibited by, any Act of Parliament: And that there be no Cutters of Leather to sell, but such as make the same into made Wares, under a Penalty. This not to restrain any other Person appointed by the former Act or Acts of Parliament.

This is the Desire of this Committee; That it be referred to this Committee, to draw a Bill to the Purposes before-mentioned.

Resolved, &c. That Leave be given for the preparing and bringing in a Bill or Bills, against the next Meeting of the House after the Recess, for preventing the Frauds in Transporting of Leather, and Wool and Wool-fells.

Hearth Money.

Sir Robert Howard reports from the Committee to which the Bill for the better ordering and collecting the Revenue arising by Hearth Money . . . . ., some Amendments, agreed by the Committee to be made to the Bill: Which were thrice read; and, on the Question, agreed to.

There being several Blanks, for Penalties, left in the Bill, the Penalties to fill up the Blank were, upon the Question, severally agreed to; and inserted in the Bill.

Resolved, &c. That the Bill, with the Amendments agreed to, be ingrossed.

Conference with Lords.

Mr. Coventry reports, That the Lords had agreed to a present Conference, upon the Bill for the settling the Profits of the Post Office and Wine Licences on the Duke of Yorke, in the Painted Chamber.

Mr. Pryn reports, That they had acquainted the Lords, That this House had agreed with all the Amendments, sent from the Lords, to the Bill for settling the Profits of the Post Office and Wine Licences on the Duke of Yorke, except to that Amendment for omitting the Proviso on the Behalf of such as had Patents for selling Wine by Retail.

Lords desire a Conference.

A Message from the Lords by Sir Wm. Child and Sir Justinian Lewin;

Mr. Speaker, The Lords do desire a present Conference with this House, in the Painted Chamber, upon the additional Bill concerning the Excise.

Ordered, That this House doth agree with the Lords to a present Conference in the Painted Chamber: And Mr. Birch, Sir Tho. Meres, Mr. Waller, Serjeant Charleton, Mr. Finch, Sir Wm. Doyley, Sir Phillip Warwicke, Mr. Scawen, and Mr. Pryn, are to attend the Conference; and make Report of it to the House.

The Messengers being called in; Mr. Speaker did acquaint them, That the House had considered of their Message; and agreed to a present Conference in the Painted . . . . ., upon the Bill of Excise.

Fitton's, &c. Petition.

A Petition of Alexander Fitton, and Edward Lloyd Esquires, was read.

Lord Mollineux's Estate.

An ingrossed Bill for making void several Conveyances, made by the Lord Mollineux in the late Times, was read.

Resolved, That the Bill do pass: And that the Title shall be, . . Act for making void several Conveyances, made by the Lord Mollineux in the late Times.

And Mr. Rigby is to carry up the Bill to the Lords for their Concurrence.

The House adjourns till Three of the Clock in the Afternoon.

Post Meridiem.

Linen and Tapestry.

AN ingrossed Bill for the encouraging the Manufactures of making Linen Cloth and Tapestry was read.

Resolved, &c. That the last Proviso in the Bill, concerning the Saving the Privileges of such as are incorporated for the Making of Linen Cloth, be omitted.

Which was done; and, upon the Question, agreed to.

Resolved, &c. That the Bill, so amended, do pass: And that the Title shall be, An Act for setting up the Making of Linen and Tapestry.

Conference with Lords.

Serjeant Charleton reports from the Conference had with the Lords, upon the additional Bill concerning the Excise, That the Lords had made several Amendments to be made to the Bill; which they delivered at the Conference, with their Reasons for such Amendments: Which Amendments he read, with the Coherence, in the Bill; and also opened the Reasons of such Amendments; and after, delivered in the Amendments at the Clerk's Table.

The First Amendment, to the Twenty-fifth Line of the Bill, was twice read; and, upon the Question, agreed.

The next Amendment, to the Thirtieth Line, was twice read; and, upon the Question, agreed to.

The Amendment to the Thirtieth Line of the Bill was read twice.

Resolved, That this Amendment be agreed to, with the Addition of the Word "other," after the Word "every," in the said Thirtieth Line of the Bill.

The Amendment to the Forty-second Line of the Bill, being, to leave out all that follows to the Word "and" exclusive, in the Eighty-fourth Line, was read the Second time.

The Question being put, To agree with the Lords in This Amendment.

It passed in the Negative.

The next Amendments to the Ninety-second, Ninetyfourth, One hundred and Ninety-ninth, Two hundred and Twenty-first, Two hundred and Seventy-fifth Lines of the Bill, were twice read; and, upon the Question, agreed to.

The Amendment to the Three hundred and Tenth Line, being, to add a Proviso Clause before the * * *; and the Clause to be added; was twice read.

Ordered, That these Words, "Cyder, Perry, and Metheglin," be added, after the Word "Ale," in the Second Line of the Second Paragraph of the Clause.

Ordered, That, in the Clause concerning the Distiller of Aqua Vitæ, all the Words from and after the Word "consigned," in the Fifth Line of the same Paragraph, unto the Word "shall," in the Fifteenth Line of the same Paragraph, be omitted.

Ordered, That the Words "sold, delivered, or received," be omitted, out of the last Line but one of the same Paragraph.

The Amendment to the Three hundred and Seventysecond Line of the said Bill was twice read; and, upon the Question, agreed to.

The Amendment to the Three hundred and Eightyfifth Line was twice read.

The Question being put, To agree with the Lords in This Amendment;

The House was divided.

The Yeas went out.

And so it was resolved in the Affirmative.

The last Amendment, to the Four hundred and Twenty-second Line, was twice read.

The Question being put, To agree with the Lords;

It passed in the Negative.

Resolved, That a Conference be desired with the Lords, upon the Amendments to the additional Bill for the Excise: And Sir Tho. Meres is to desire the Conference: And the same Persons that did manage the last Conference on the Bill are to manage this Conference.