House of Lords Journal Volume 11: 16 May 1662

DIE Veneris, 16 die Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message to H. C. with Bills.

A Message was sent to the House of Commons, by Sir William Childe and Sir Thomas Escott:

To deliver to them Two Acts, which the Lords have agreed to, with some Amendments and Provisos, to which their Concurrence is desired:

1. The Act against exporting of Leather.

2. The Act for easing the Charge of Sheriffs.

Bill to confirm Acts for draining the Fens.

Hodie 2^a vice lecta est Billa, "An Act for confirming and continuing Two Acts for the necessary Maintenance of the Work of draining the Great Level of the Fens."

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

Their Lordships, or any Five; to meet this Afternoon, at Three of the Clock, in the Prince's Lodgings.

Message from H. C. with a Bill; and to sit P. M.

A Message was brought from the House of Commons, by Sir Thomas Strikeland and others; who returned a Bill touching the regulating the making of Broad Woollen Cloths in the West Riding in the County of Yorke, to which their Lordships made some Alterations, and hath received the Concurrence of the House of Commons therein.

2. To acquaint their Lordships, that the House of Commons intends to sit this Afternoon, about the important Affairs of the Kingdom; and they desire their Lordships would be pleased to sit likewise.

Cherry, E. Rivers' Chaplain, freed from an Arrest.

The House being certainly informed, "That Edward Cherry Clerk, Domestic Chaplain to the Earl of Rivers, was arrested, on the 4th Day of this Instant May, contrary to the Privilege of Parliament, by George Merry and Edward Sage, Bailiffs, at the Suit of John George and George Nicholson, Creditors:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Cherry is hereby fully discharged from any Restraint by reason of this Business; and that all Proceedings at Law touching such Actions as are commenced against him by the said Persons shall be void, and be no further proceeded in; any former Proceedings herein had notwithstanding: And hereof all Persons any Way concerned are to have Notice, who are to yield their Obedience hereunto, as the contrary will be answered to this House.

Merry and Sage, Bailiffs who arrested him.

Memorandum, That this House was fully satisfied concerning the high Breach of Privilege of Parliament of George Merry and Edward Sage; but did forbear sending for them as Delinquents, in regard of the near Approach of the End of this Session of Parliament: Therefore leaves it to the Consideration of the next Session of Parliament.

Reading Clerk's Fees on Private Bills in Committee.

Whereas heretofore the Sum of Forty Shillings hath been paid upon every Private Bill, for Entertainment of the Lords Committees to whom such Bills were referred; and the Lords are willing to dispense with that Custom:

It is hereby ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That for the future the said Sum of Forty Shillings, to be paid upon each Private Bill as aforesaid, shall be converted and paid, unto the Reading Clerk of this House, as a Salary and Fee, in respect of his Attendance on the Committees to whose Care such Bills shall from Time to Time be referred by this House.

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quarta, Dominis sic decernentibus.

DIE Veneris, 16 die Maii, post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bill to confirm Acts for draining the Fens.

The Lord Bishop of Chichester reported from the Committee, the temporary Bill concerning the Draining of the Great Level of the Fens, as sit to pass, with some small Alterations, and a Proviso; which being read Twice, the House agreed to the Alterations, but laid aside the Proviso, and ordered the said Bill to be engrossed.

Message from H. C. for a Conference on the Militia Bill.

A Message was brought from the House of Commons, by Mr. Frettswell and others;

To desire a Free Conference, concerning the Bill for settling the Forces of this Kingdom.

The Answer returned was:

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

These Lords following were appointed to report this Free Conference:

Bill to prevent the Exportation of Sheep, Wool, &c.

The Earl of Bridgwater reported, "That the Committee have considered of the Bill against the Exportation of Wool and Woolsels;" wherein they made some Alterations; which, being read Twice, were Agreed to.

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

Report of the Conference concerning the Militia Bill.

The Lord Ashley reported the Effect of this Free Conference with the House of Commons, concerning the Bill for settling the Forces of this Kingdom; and shewed wherein the Commons agreed to their Lordships Amendments, and wherein they do not agree:

"In the First Skin, the House of Commons agree with the Lords Amendments in the 30 and 32 Line; adding, in the 3d Line of their Amendment to the 32 Line of the Bill, the Words in their Paper, beginning ["always understood, &c."].

"In the Second Skin, the Amendment to the 45 Line, Agreed, leaving out the Word ["formerly"] in the 46 Line, and instead thereof inserting these Words ["and so from Time to Time the Month's Pay by him or them last before"]."

Agreed to by the Lords.

"In the Third Skin, the Amendment to 29 and 30 Line, the Commons do not agree to."

The Lords do not agree to alter this Amendment.

"In the Fourth Skin, the Commons agree thus: After ["or"] in the 10th Line of the Paper sent from the Lords, the Commons insert these Words ["other Directions from His Majesty"], leaving out the Words ["and either Way"], and instead inserting the Word ["or"]."

The Lords do not agree to this Amendment of the House of Commons; but agree to the former Amendment as it came from the House of Commons.

"The Commons agree to the Amendment in the 30 Line.

"The Commons agree to the Alteration in the 8th Skin, 48 Line, concerning Landlord and Tenant."

"As to the Expedient offered by the Lords by Way of Alteration to their own Proviso, omitting the Two former Provisos:

"Agreed to the Proviso offered as an Expedient, adding, after the Word ["charged"] in the 2d Line, these Words ["by virtue of this Act"], and after the Word ["to"] in the 7th Line these Words ["the Lord Chancellor or Lord Keeper of the Great Seal of England, and the Lord High Treasurer of England, Lord President of the Council, and Lord Privy Seal, for the Time being, and such other Persons"]; and leaving out the Words [" so many Peers not fewer than Twelve"]; and after the Word ["the"] the Words ["Rules and"]; and after the Word ["mentioned"] in the 14 Line adding these Words ["not relating to the Monthly Tax, and shall have Power to put in Execution all and every the Powers and Authorities of this Act, as well for laying Assessments as imposing of Penalties"]; and after the Word ["made"], in the 15 Line, inserting these Words following ["together with such Penalties as shall be so imposed"]; and after the Word ["borne"] in the 18 Line, these Words ["and the Penalties levied"]; and after the Word ["done"] in the 20 Line, these Words ["or paid"]; and adding, at the Conclusion of the said Proviso, these Words ["and the Tenant so distrained is hereby enabled to deduct the Sum levied out of the next Rent"]."

As to the Clause in the Lords Proviso, the Lords do not agree to the adding of these Words ["by virtue of this Act"].

Committee to prepare Amendments to a Proviso in it.

Upon Consideration of the rest of the said Proviso, the Lords appointed these Lords following a Committee, to withdraw presently, and word the Proviso according to the Sense of the House, to the End both Houses may agree therein:

The House was adjourned during Pleasure; and the Lords Committees withdrew into the Prince's Lodgings.

The House was resumed.

The Question being put, "Whether this Report shall be made now ?"

It was Resolved in the Affirmative.

The Lord Privy Seal reported what the Committee had prepared as Amendments in the Proviso; which was read, as followeth:

Proviso for the Peers, in the Militia Bill.

"Provided always, and be it Enacted, by the Authority aforesaid, That no Peer of this Realm shall be charged with Horse, Horsemen and Arms, or Foot Soldiers and Arms, otherwise, or in any other Manner, than is herein after expressed; that is to say, That His Majesty, His Heirs and Successors, shall and may from Time to Time issue out Commissions, under the Great Seal of England, to so many Peers, not fewer than Twelve, as His Majesty, His Heirs and Successors, shall think sit, who, or any Five or more of them, shall have Power, from Time to Time, to assess all and every or any of the Peers of this Realm, according to the Limitations and Proportions in this Act appointed, for the finding of Horse, Horsemen, and Arms, or Foot Soldiers and Arms, and for other the Purposes in this Act mentioned (except the Monthly Taxes, which are to be levied, as is before prescribed in this Act); and shall have Power to put in Execution all and every the Powers and Authorities of this Act, as well for laying Assessments as imposing of Penalties (Imprisonment of the Person of any Peer of this Realm only excepted); which Assessment or Charge so made, together with such Penalties as shall be imposed (Imprisonment as aforesaid only excepted), shall be from Time to Time respectively certified to the respective Lieutenants of each County, to the Intent that the said Charge may be borne, and the Penalties (not before excepted) levied, according to the Intent of this Act: And in case there shall be any Default in Performance of any Thing to be done or paid by any Peer by virtue of this Act, that then it shall be lawful for the respective Lieutenants and Deputy Lieutenants, or any Three of them, to cause Distresses to be taken for the same, in any of the Lands of such Defaulter, within their said Counties or Limits respectively; and in case Satisfaction shall not be given within the Space of One Week after such Distress taken, then such Distresses to be sold, for the Performance of the said Service and the Charge incident thereunto, and the Overplus (if any be) to be restored to the Owner. And if a Tenant of any Peer of this Realm shall be distrained for such Default as aforesaid, the Tenant so distrained is hereby enabled to deduct the Sum levied out of his next Rent."

The Question being put, "Whether to agree to the Amendments now brought in?"

It was Resolved in the Affirmative.

ORDERED, That these Amendments shall be offered to the House of Commons To-morrow Morning, at a Free Conference.

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 17^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

J. Bridgewater.
Bolingbrooke.
Hunsdon.