House of Lords Journal Volume 12: 13 March 1668

DIE Veneris, 13 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Additional Bill against the Importation of Foreign Cattle.

Mr. Attorney General is appointed to attend the Committee concerning the Bill against importing Foreign Cattle, To-morrow Morning, at Nine of the Clock.

Alnage Bill.

ORDERED, That the Committee concerning Trade do meet this Afternoon concerning the Bill about Alnage; and the Earl of Bath is added to that Committee.

Paston's and Tenants of Horton Bill.

Upon the Second Reading of the Bill, intituled, "An Act to confirm an Agreement, between William Paston Esquire, Lord of the Manor of Horton, and the Tenants of the said Manor, for the Enclosure of Part of the Wastes of the said Manor, for the Preservation and Growth of Wood and Timber;" as also upon reading the Petition of Sir Dennis Gawden and Sir Thomas Stephens Knights, in the Behalf of themselves and the Freeholders, Tenants, and Inhabitants, of the several Parishes of Yate, Market Sodbury, Old Sodbury, and Little Sodbury, in the County of Glocester; praying, that they may be heard, by Counsel, what they shall offer against the passing of the said Bill:

It is ORDERED, That Counsel shall be heard, at this Bar, as well on the Behalf of the said Petitioners as of the said William Paston, on Tuesday the Seventh Day of April next, at Ten of the Clock in the Forenoon.

Herbert versus Sir J. Lenthall.

Upon reading the humble Petition of Zouch Herbert, a Prisoner in the King's Bench Prison, complaining of the barbarous Usage he had suffered under, by about Two and Twenty Persons, Servants and Retainers to Sir John Lenthall, Marshal of the said Prison:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir John Lenthall shall put in his Answer in Writing to the said Petition on Wednesday the 18th of March Instant, at Ten of the Clock in the Forenoon; and that the leaving of this Order with the said Sir John Lenthall, or his Deputy, at the King's Bench Prison, shall be a sufficient Notice for that Purpose.

Norden versus Hawles.

Upon Report made by the Earl of Dorsett from the Lords Committees for Petitions, "That, having considered of the Petition and Appeal of John Norden Esquire, from a Decree and Dismission made by the Court of Chancery, in a Cause there lately depending between the Petitioner and Thomas Hawles Esquire, their Lordships are of Opinion, that the said Petition is fit to be retained by this House:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal assembled in Parliament, That this House will hear Counsel, at the Bar, concerning the Matters complained of in the said Petition, on Thursday the Ninth Day of April next, at Ten of the Clock in the Forenoon; whereof timely Notice is to be given to the said Thomas Hawles, to the End he may be prepared for the said Hearing accordingly.

Errors in the Judgement against Holles, Sir J. Elliot, & al. to be argued.

Whereas there is a Writ of Error depending in this House, upon a Judgement given in the Court of King's Bench in 5^to Caroli Primi, against Denzell Holles Esquire, now Lord Holles, Baron of Ifeild, and others, wherein the said Lord Holles hath assigned Errors:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Errors shall be argued, at this Bar, by Counsel, on Wednesday the 8th Day of April next, at Ten of the Clock in the Forenoon; whereof timely Notice is to be given to Mr. Attorney General, to the End he may be thereupon heard on His Majesty's Behalf, if he do desire it.

Toomes and Etherington in Error.

Whereas there is a Writ of Error depending in this House, upon a Judgement given in the Court of King's Bench, in Easter Term, in the 13th Year of His Majesty's Reign that now is, between Richard Toomes Administrator of the Goods and Chattels of William Toomes Esquire, deceased, and Robert Etherington, wherein the said Richard Toomes hath assigned Errors:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That therefore His Majesty's Writ of Scire facias be awarded against the said Robert Etherington, ad audiendum Errores, returnable into this Court on Monday the Sixth Day of April next, by Ten of the Clock in the Forenoon.

L. Stafford, beyond Sea, leaving his Proxy to be considered.

The Lord Marquis of Winton acquainted this House, "That he hath received a Proxy from the Lord Viscount Stafford, who hath His Majesty's Leave to be beyond the Seas; which he thought fit to acquaint their Lordships with, before it be entered:"

It is ORDERED, To be referred to the Lords Committees for Privileges, to examine and consider, whether a Peer of this Realm, being in the Parts beyond the Seas, may assign his Proxy in Parliament; and to report their Opinion thereupon unto this House.

Writs of Certiorari Bill.

The Earl of Dorsett reported, "That the Committee have considered the Bill concerning Certioraris, and have made some Amendments and Alterations therein, upon Advice had with some of the Judges, which are offered to their Lordships Consideration."

The said Amendments and Alterations were read Twice.

And, after some Debate thereof, it is ORDERED, That the said Bill, with the Amendments and Alterations, be re-committed to the same Committee; and are to meet the Saturday Sevennight after Easter-day next, at Three of the Clock in the Afternoon; and the Judges are to have Notice to attend the said Committee; and also the Officers of the Court of the King's Bench are then to attend.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 14^um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.