object to a Clause against breaking open the Houses of Peers 1671. for non-payment of the Tax assessed by this Bill. The Lords A. R. agree to leave out the said Clause. March 4. The Duke of Richmond claims Privilege for his Gentleman of the Horse, sued upon the Statute of Recusancy. March 9. The Question, to Commit a Bill "on Privilege of Parliament," is negatived, with the Protest of 15 Peers: the Earl of Anglesey entering, "Because I conceive there is no Colour of Law to claim a Privilege of freedom from Suits, and for many other Reasons." March 13. The Lords Order, that after a Question is put, and the House hath voted upon it, no Lord is to depart until the House have either entered on some other business, or upon consideration of adjourning the House. March 20. The Lords appoint a Committee to discover the Publishers of a Libel derogatory to His Majesty and the Government, &c. March 30. The Lords Resolve, that the House of Commons inserting a Clause in a Bill, while a Bill to the same effect is depending between the Houses, is unparliamentary. April 4. (Tuesday.) The Lords Order, that no Foreign Nobility shall interfere at the Funeral of Her Royal Highness the Duchess of York, To-morrow, when the Peers attend according to their Places. April 7. The Earl of Dorset is allowed Privilege against a Claim of Land by the Hospital of Bridewell. April 10. The Lords sending down for a Conference touching an Address to His Majesty, and not mentioning the Subject matter, the Commons Order a Committee to search Precedents for Messages between the Houses, and to Report thereon. April 11. The Lords conceive it unparliamentary and contrary to all Ancient Precedents and Proceedings to agree to one part of a Message and deny Another. In the Commons, "The Lords having received from the House of Commons an Answer which their Lordships conceive so unparliamentary that they could not proceed in that Conference, desire a Conference on that Answer, in the Painted Chamber, at 5;" to which the Commons agree. April 12. At the Conference, the Commons conceive their Lordships were very sudden, by a Message, to term it unparliamentary, before Reasons were heard on either side; and conceive that there is hardly a Precedent to be found, when, by a Message, before any Conference, the Lords or Commons have called any thing unparliamentary. April 13. The Commons Resolve, nem. con., that in all Aids given to the King by the Commons, the Rate of Tax ought not to be altered by the Lords. April 17. Report is made in the Lords on the Conference. The Lords give their Reasons at great length, and assert that "to make such Amendments and Abatements, both as to Matter, Measure, and Time, in Acts for Rates and Impositions, is a fundamental, inherent and undoubted Right of the House of Peers, from which they cannot depart." (f) April 20. Report is made from another Conference, "on the matter of Privilege arising from the Lords' Alterations of the Rate." (f) For Reasons, see Lords' Journals, XII. 503, and Commons' Journals IX. 239. 23 1671. A. R. 23 1672. A. R. 24 1673. A. R. 25 The Commons appoint a Committee to consider the Reasons and Precedents. They Order the Lords to be informed of a mistake in asking a Free Conference, when there had been but one Conference on the Matter. The Lords admit the Mistake. Ordered. A Committee to peruse the Journal of the House, for the Proviso, Hen. 8, insisted upon by the Lords in the Bill of Impositions. April 22. An Additional Report is made in the Lords. They Resolve that this House is not satisfied with their Reasons and Precedents, and do much dislike the unusual Expressions of the Commons, at the last Conference. The Commons Resolve, that the Lords Commissioners of the Treasury do recommend to his Majesty to give Order for a Recompense to the Chaplain, Officers, and Servants, attending this House. Resolved, That Thanks be given to Mr. Attorney General for his great pains and care, in preparing and drawing up the Reasons, in Answer to the Lords. The King assents to 18 Public and 14 Private Acts, and PROROGUES the Parliament to the 16th day of April next. (g) April 16. (Tuesday.) A Commission of P'ROROGATION to the 30th of October, is read. October 30. (Wednesday.) A further PROROGATION takes place to the 4th of February. Henry, Lord Arlington, created Earl of Arlington, is introduced on his Patent, 22 April, 22 Car. II., and is placed lowest on the Earls' Bench. Thomas Clifford, Miles, created Lord Clifford de Chudleigh, is introduced on his Patent, 22 April, 24 Car. II., and is placed at the lower end of the Barons' Bench. Anthony, Lord Ashley, created Earl of Shaftsbury, by Patent, 23 April, 24 Car. II., is introduced. Henry, Lord Howard, of Castle Rising, created Earl of Norwich, and Earl Marshall of England, by Patent, 19 Oct., 24 Car. II., is introduced, and placed as Earl Marshall. Edward, Earl of Sandwich, takes his Seat, on the death of his Father, Edward, Lord Sandwich. February 4. (Tuesday.) The Tenth Session of the Second Parliament opens. The King is present. Ludovicus Duras, Chevalier, created Lord Duras de Holdenby, by Patent, 29 Jan., 24 Car. II., and Writ of 1 Feb., A. 25, is introduced, and placed as lowest Baron. Ralph, Lord Eure, brother to George, Lord Eure, deceased, first sits, by Writ, 23 Jan., 24 Car. II. (g) Cases of Privilege were in the Lords, (January 14, 1671) a female Servant Arrested (Jan. 17) 3 Cows driven away; (Jan. 23) to the Duke of York, against an Action of Ejectment in "certain Oyster-Layings; " (Feb. 7) on Proceedings against Tenants. (Feb. 8) a Servant Arrested; (Feb. 25) against Proceedings in Chancery: (Feb. 27) a Tenant served with Ejectment. In the Commons, ( Jan. 24) Assault and Rescue, to Serjeant-at Arms; (Feb. 18) Subpæna to Servant; (Feb. 23) on Assault in execution of Office as Justice of Peace; also, on Arrest of Servant employed to sell Cattle; (March 6) on stopping a Watercourse; (April 18) on an Assault, and contemptuous Words; also, for Expressions against Words spoken in this House. Divisions in January were, 169-117; 170-109. In February, 108-102; 185-86; 120-58; 115-98; 82-63; 71-62. In March, 91-71; 56-49; 63-31; 104-87; 73-49; 77-39; 57-46; 82-63; 66-62; 43-20; 77-53; 30-26; 28-13. In April, 71-36; 67-54; 74-53; 67-60; 49-31. Robert, Earl of Manchester first sits, in place of his Father, 1673. Lord Lucas de Shenvile first sits, on the death of John, Lord The Commons are Ordered to choose a Speaker in place of Committees of Privileges, Journals, and Petitions, are named, Sir Job Charlton, Serjeant at Law, is chosen (and approved) Feb. 6. William, Lord Stourton, of Stourton, first sits by Feb. 6. The Commons Resolve, That during the continuance Resolved. All Elections upon Writs issued since the last Resolved. Warrants to the Clerk of the Crown to supersede Thirty-six such Writs are Ordered, accordingly. (h) Feb. 10. John, Duke of Somerset, takes his Seat, upon On Debate of his Majesty's Speech, the Commons Resolve, by 168 against 116, "That Penal Statutes in Matters Ecclesiastical cannot be Suspended, but by Act of Parliament." Feb. 13. The Lords' House is called. Present, 75 Peers; Feb. 14. The Commons address his Majesty on the above Resolved, nem. con. A Bill for ease of his Majesty's Subjects that are Dissenters in Matters of Religion, from the Church of England. Feb. 15 Theophilus, Earl of Huntingdon, first Sits by Descent, by Proxy. Writ, 15 April, 24 Car. II. Feb. 18. Edward Seymour, Esq., is presented as Speaker, on the illness of Sir Job Charlton. Jacob, Lord Ashley, first sits upon Descent, by Writ, 14 Feb., 25 Car. II. A Committee is appointed to alter the Seats of the Lords' March 1. (Saturday) His Majesty's Speech complains of The Lords thank his Majesty for his Communications on this The Commons Read a Bill for enabling the County Palatine of (h) It appears that during this long interval of Parliament, many members of the Commons were dead, and others taken into custody. The Lord Chancellor Shaftesbury had, in the mean time, issued Writs, and made Elections and Returns, without order or warrant from the House, and "though it was shewn that during Prorogations, such Writs had formerly issued, yet the late practice being otherwise, and the current strong that way, and the Court Party not able to hinder, all these Elections are voted null, and new Writs ordered." A. R. 25 1673. A. R. 25 March 3. The Commons address his Majesty to suppress the Growth of Popery. March 4. The Lords Resolve, that the King's Answer to the House of Commons, in referring controverted Points in a Parliamentary way, by Bill, is good and gracious, that being a proper and natural course for satisfaction therein. March 8. The King cancels his Declaration for the Suspension of Penal Laws. Both Houses thank his Majesty. March 10. On the Question, in the Commons, that it be an Instruction to the Committee, that such as dissent from the Church of England, be incapable to serve as Members of this House, the Yeas are 107, the Noes, 163. Resolved, a distinct Bill on this Subject. March 15. In the Debate on the Supply Bill, Sir Thomas Littleton says, “Sir Henry Vane was the first who ever proposed a Question, Whether a Question should now be put ? commonly called the Previous Question; and since, it has been always the Forerunner of putting the thing in Question quite out." Sir W. Coventry. "There is great difference between, ' Whether the Question shall be put, and now put.' It is no new thing to put that Question in point of Adjournment, and if it passed in the Negative, it never was but that the House was afterwards adjourned." March 18. The Commons Resolve on an Address to his Majesty, concerning the State and Condition of Ireland, and the Danger of the English Protestant Interest there. March 24. On Petition of the Clerk Assistant, the Under Clerks and Officers, the Commons Order every Knight to pay 10s., others 5s. March 25. An Act for the County Palatine of Durham, &c., passes the Lords. (i) March 27. The Lords, in reference to the Titles of Foreign Nobility, named Commissioners in a Bill of Supply, Order, "that they may not prejudice the Nobility of England." March 28. The Bill for the King's General Pardon passes both Houses, on a Single Reading. "Mem. All the Lords sat uncovered during the Reading of this Act, and at the putting of the Question, and when they stood up to give their Votes, did continue standing so uncovered, until all the Lords had done Voting." James Percy claims the Earldom of Northumberland. The Lords dismiss his Petition, and Resolve to proceed against him as an Impostor. The Earl of Anglesey Protests. (i) In 1653 there had been one member for Durham, and in 1654 and 1656, two for the County, and one for the City. In 1659, Richard Cromwell had reverted to the old distribution of Elective Franchise, and there were no members for the County or City (see Diary 111., 335), though having, as was said, "as much a possessory right as Scotland or Ireland." (iv. 180-2) "This County or Bishoprick, (says Willis, Notitia Parliamentaria in Magna Britannia, (1720) (i. 636) having anciently a petty King or Palatine of its own, who called a Parliament of his own Barons, was looked upon as an exempt Jurisdiction, and was either not permitted, or did not claim the Privilege, of sending any Members to Parliament." In 1660 (Aug. 8) the Commons passed a Bill to enable the County of Durham to send Members, but it never became a Statute. In this year (1673) a Bill was first read in the Commons on the 1st of March, and passed the Lords on the 25th. Proceedings thereupon were still delayed, and it was not till the 14th May, 1675, that the Speaker is ordered to issue a Warrant for a Writ for the County. The order for the City is even then deferred, it appearing not plain who shall order the Election, or be judge of the Poll." Willis Not. Parl., ii. 534, gives the first Return for the City 31 Car. 2. (1679-80.) A Writ was, however, ordered, Feb. 23, 1678. March 29. Report is made in the Lords concerning Judicature, 1673. and the continuance of business from Session to Session. Resolved. Businesses depending in one Parliament, or Session of Parliament, have been continued to the next Session of the same Parliament, and the Proceedings thereupon have remained in the same state in which they were left when last in Agitation. The King gives Assent to 1 Subsidy Bill, 9 Public and 11 Private Bills. The Houses adjourn to the 20th October, according to His October 20. (Monday.) Thomas Osborne, Baronet, created Robert Paston, created Baron Paston de Paston, and Viscount de Yarmouth, is introduced, by Patent, 19 Aug., 25 Car. 2, and Writ, 17 Oct., do. Richard, Lord Butler, created Baron de Weston, by Patent, 27 Aug., 25 Car. 2, is introduced on Writ of 17 Oct. Sir Paul Neale sitting as a Member for Newark, by virtue of the King's Privilege granted to that Borough, "which Charter has taken in many Towns, which were not in the former Charter, to their great prejudice," he withdraws, and the debate drops. The Parliament is PROROGUED to the 27th October. October 27. (Monday.) The Eleventh Session of the Second Parliament commences. The King and Lord Chancellor speak. Charles North, Lord Grey de Rolleston, Chevalier, is introduced, on Writ of 24th October, and is placed at the lower end of the Barons' Bench. Ordered. The House to be cleared when His Majesty is present. (k) November 4. (Tuesday.) His Majesty PROROGUES the Parliament till the 7th of January. A. R. 25 January 7. (Wednesday.) The Twelfth Session of the Second 1674. The King and the Lord Keeper Finch, address the Houses. Jan. 12. Sir Heneage Finch, Baronet, Lord Keeper of the Great Seal, created Heneage, Lord Finch de Daventry, is introduced. He lays down his Patent (10 Jan., 25 Car. 2) and Writ (10 Jan.) upon the Chair of State, kneeling. He is first placed at the lower end of the Barons' Bench, then, as Lord Keeper, at the upper end of the Earls' Bench, and then takes his place on the Woolsack, as Speaker of the House. (k) Cases of Privilege in the Lords were in Feb., 1673, (Feb. 25) against Fishing in certain Waters, and on Arrest of a Servant; (March 13) against a Writ of Recordari returnable in the King's Bench. In the Commons, (Feb. 8) on a Subpoena in Chancery, and on Seizure of Coach and Horses; (Feb. 25) on an assault; (March 1) on Arrest of an Agent; (March 15) on detention as a Prisoner in Execution. Divisions in February were, 169-103; 168-116; 125-110; 142-123. In March, 125-110; 127-112; 142-118; 141-102; 163-107: 31-23: 146-123; 122-119; 181-101; 136-126; 108-61; 151-94; 85-64, 91-85; 115-90; 76-CO; 109-104; 114-102; 105-105; 136-75. In October, 184-88. March 29. The Commons divide 105 to 105, and the Speaker giving his casting vote for adjourning, desires his Reason may be put upon Record, "that he was very hungry. "It being Nine o'clock and Easter Eve, the Houses adjourn.' |