take away the Force of thofe Fines and Recoveries which by that Act were made good, and no less than a Trenching on the Act of Indemnity and Oblivion, when an Eftate fo fairly derived must be look'd upon as destroy'd, only in Favour of the Earl of Derby, when no Argument from the Demerits of the Purchase could períwade it; and that this is of fuch a Confequence, as the fame Favour can never be denied to any one hereafter that fhall afk it; which, of Neceffity, will infer a general Violation of that Act: This Bill tendeth to vacate the great Affurances of the Realm before-mentioned, which may be of fo dangerous Confequence, as to render buying and felling of Land infecure, uncertain and doubtful: It brings Titles into Examination in Parliament, after Judgments given, as thofe of Fines, contrary to the Statute of 4 Hen. IV. ch. 22. It doth not restore the Confideration given for the Purchase; it creates Suits and Contentions between the Parties, who have not, nor can have any about the faid Lands without this A&; whereas the Authority of Parliament ought to be of laft Refort, and to mend and end the Work of other Courts, but not to make Work for them; it feems to pass too foon, the Caufe appearing in the Body of it, not to be ripe for Determination; and it is without Precedent, for Part of a Caufe to be judged in one Court, and the reft of it in another; befides the Bill mentioneth fome Practices of the Purchasers, which we conceive not proved. Clarendon, C. Brecknock, S. Manchefter, W. Roberts, C. Warwick, W. Grey, W. Paget, Carlisle, Bedford, Bristol, Scarfdale. Die Sabbati 8° Februarii, 1661. Hodie 3a vice lecta eft Billa, An Act for difuniting the Hundreds of Dudilon and King's-Barton from the County of the City of Gloucefter, and reftoring them to be Part of the City of Gloucefter. The The Queftion being put, whether this Bill with the Amendments now read fhall pafs? It was refolved in the Affirmative. Before the putting of the aforefaid Queftion, the Earl of Bolingbroke defired Leave of the Houfe to enter his Diffent, if the Question was carried in the Affirmative; which being granted, his Lordship diffented as followeth. I diffent, conceiving it ufual to confirm, not ordinary, but dangerous to vacate Grants made under the Great Seal, being the Great Affurances from the Crown. Bolingbroke. Die Lune 5° Maii, 1662. The Earl of Bolingbroke reported from the Committee the Bill for diftributing threescore thousand Pounds amongst the Indigent and Loyal Commiffionated Officers, with certain Alterations and Amendments, which are offer'd to the Confideration of the Houfe; the faid A'mendments were read twice, and then a Provifo was of fered to the House for referving the King's Right touching the difpofing of the faid threefcore thousand Pounds, which was read. And after a long Debate the Queftion being put, whether this Provifo, that hath been offered, fhall be added to the Bill? It was refolved in the Negative. Memorandum, That the Earl of Bolingbroke defired Leave of the House to enter his Diffent, if the aforefaid Question was carried in the Negative; and enter'd his Diffent as follows: Of thefe Reasons, that I conceive the fole and fupreme Power of difpofing of Monies is in the King, and that no Aid ought to be difpofed but by his fole Warrant and Commiffion, and confequently that no Perfo or Perfons may any ways. join therein without prejudic ing his Majefy's Prerogative; and hereon only I defi, the admitting the Provifo. Bolingbroke. Die Lune 19° Maii, 1662. n re The Lord Abley reported the Effect of the free Conference with the House of Commons concerning the Alte rations rations in the Bill for mending the common Highways; that the House of Commons do not agree to their Lordfhips Amendment in the fourth Skin, forty-first and fortyfecond Lines, concerning Horses to go a-breast. And in the fifth Skin, fixth Line, concerning the Penalty of forty Shillings for each Horfe forfeited, the Commons do adhere as it ftands in the Bill. And as to their Lordships first and fecond Provifo's concerning the Altering of those Bridges mentioned therein, the House of Commons do not agree to them; and they were commanded to infift upon it, that their Lordships had no Right to offer fuch Provifo's, because they concern affeffing of the Commons. As to these Precedents, which their Lordships urged at the Conference, as that for repairing Dover-Pier, and the Bill for rating Perfons to the Poor, and the Bill (in 4 & 5 Philip and Mary) for Affeffment of Horse and Arms, all which began in the House of Peers; the Commons faid, they are but fingle Precedents, and do not weigh with them. The Lords conceiving this Bufinefs to be a Matter of great Concernment to the Privilege of the House of Peers, fell into Debate concerning the leaving out these two Provifo's touching the altering of the two Bridges at the Charge therein mentioned; and the Question being propofed, whether this House do agree with the Houfe of Commons in this Bufinefs, afferting their Privileges at a Conference ? The Question being put, whether this Queftion shall be now put? It was refolved in the Affirmative. Then the Queftion being put, whether this House do agree with the House of Commons in leaving out the two Privileges, afferting their Privileges at a Conference ? It was refolved in the Affirmative. This House adheres to their Amendment for two Horfes to go a-breast, and do agree with the House of Commons for the Penalty to be forty Shillings. Whereas a Bill, entitled, An Act for enlarging and amending the common Highways, came from the House of Commons, unto which the Lords added two feveral Pro vifo's, vifo's, laying a Charge for the Repair of two Bridges which Provilo's were rejected by the Houfe of Commons, upon this Ground, given to the Lords at feveral Conferrences by fome Members of the Houfe of Commons, viz. That the Lords have no Power to begin any Bill, or add any Claufe to any Bill, that in any kind charged Money either for repairing or paving of Highways, mending of Bridges, or other publick Ufe; which we conceived to be against the Privilege of this Houfe, and many Precedents, as a Statute made in 4 & 5 Philip and Mary, for affeffing all Perfons therein mentioned for Horfe, Arms, and Foot-Arms; and another Act in the Time of Queen Elizabeth, for Repair of Dover-Pier; and one other A&t in the fifth Year of the faid Queen, for Relief of the Poor; and other Acts: All which began in the House of Peers, and were affented to by the Commons, and by the Royal Affent paffed into by Laws. And whereas the Houfe of Peers did, after the faid Conference, pass this Vote in the Affirmative, viz. To agree with the House of Commons in leaving out the two Provifo's, afferting their Privileges at a Conference; and whereas, before the putting the faid Vote, we whofe Names are hereunto fubfcribed, defiring Liberty of our Diffent unto the faid Vote, we do, for the Reasons aforefaid, and to affert fo much as involves fo important and ancient a Privilege of the Houfe of Peers, enter our Diffent and Proteftation against this Vote. Roberts. Bolingbrook, T. Culpeper, Hen, Chichester, Stafford, R. Byron, Anglefey, Effex, E. Howard, Derby, Lawarr, C. Warwick. Audley, Die Veneris 24° Julii, 1663. A Bill, entitled, An Act for the Encouragement of Trade, being this Day read the third time, and ready to be put to the Question for paffing into a Law; it was moved, and granted by the House, that if the Queftion paffed in the Affirmative, fuch Peers as were against the Bill might enter their Proteftation; and accordingly we whofe Names are fubfcribed do proteft against the faid Bill being made a Law, for the Reasons following: ft, ift, Because, in the free Liberty given for transporting of Money and Bullion, this Bill croffeth the Wifdom and Care of our Ancestors of all Ages, who by many Laws and Penalties, upon excellent and approved Grounds, have reftrained fuch Exportation, and thereby preserved Trade in a flourishing Condition. 2dly, There appearing already great Want of Money in his Majefty's Dominions, and almost all the Gold of his Majefty's Stamp gone, notwithstanding the Restraint laid by Law, and the Importation of foreign Commodities (which are grown to fo great an Efteem and Ufe amongst us) being much greater than the Export of our native and fimple Commodities, it must neceffarily follow, by this free Exportation, that our Silver will alfo 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 grofs Goods, which pay Cuftom, the Merchant, in a quarter of an Hour, when his Wind and Tide ferves, freights his Ship with Silver. 4thly, It trencheth highly upon the King's Prerogative, he being by the Law the only Exchanger of Money, and his Intereft equal to command that as to command the Militia of the Kingdom, which cannot fubfift 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, difcontented or factious Persons, to make a Bank of our Coin and Bullion beyond the Seas for any Mischief, and leave us in want of Money; and it fhall not be in the King's Power to prevent it, the Liberty being given by a Law; nor to keep his Mint going, because Money will yield more from than at the Mint. 5thly, Becaufe a Law of fo great Change, and threatening fo much Danger, is made perpetual, and not probationer. 6thly, Becaufe, in the Restraint laid on Importation of Irib Cattle, common Right and the Subjects Liberty is invaded; whilft they, being by Law native Englifhmen, are debarred the English Markets, which feems alfo to monopolize the Sale of Cattle to fome of his Majesty's English Subjects, to the Destruction of others. |