Journal of the House of Lords: Volume 12, 1666-1675. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, 9 die Novembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
The Chief Justice of the Court of Common Pleas sat Speaker this Day, in the Absence of the Lord Keeper, not being well.
Committee to consider of Papers, &c. delivered in by the Commissioners for Accompts.
The Act of Parliament for taking the Accompt of several Sums of Money mentioned in the Act, was read.
These Lords following were added to the Committee appointed to consider of the Report and Papers presented from the Commissioners for Accompts:
The Earl of Devon and the Earl of Clare are added to the Committee to consider of the Reasons and Grounds of the Fall of Rents and Decay of Trade within this Kingdom.
Call of the Lords who were absent at the last Call of the House.
Those Lords were called this Day, who were absent at the Calling of the House the 26th of October last; and these Lords following were absent:
Lords fined for their Absence.
Upon the Calling of those Lords, who, by Order of the House dated the 26th of October last, were appointed to appear this Day, and attend the Service of this House; the Earl of Derby, the Earl of Northampton, the Earl Rivers, the Earl of Marlborough, the Lord Delawar, the Lord Brooke, and the Lord Langdale, not appearing, nor having sent any lawful Excuse why they do not attend the Service of the House:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That a Fine of Forty Pounds, of lawful Money of England, be, and is hereby, imposed upon them, and every of them, the said Earl of Derby, Earl of North'ton, Earl Rivers, Earl of Marlborough, Lord Delaware, Lord Brooke, and Lord Langdale, for their Neglect of their Duty of attending to the Service of His Majesty in this House.
Sir T. Devaux versus Sir J. Collydon.
The Earl of Bolingbrooke reported, "That the Lords Committees for Petitions, upon hearing of Counsel upon the Petition of Sir Theodore Devaux Knight, and also of Sir John Collydon in Answer thereunto, the Committee do find that, the Decree complained of being signed and enrolled, the Petitioner is debarred of his Bill of Review; the Errors complained of being only in Matter of Fact, and not in Law, according to the Rules of the Court of Chancery, videlicet, That in the Decree complained of, the Mention of Two Thousand Eight Hundred Forty-one Pounds is expressed to be a stated Accompt, which the Petitioner and his Counsel denies; that the Mention of the Monies expended on a Security in Lands in Istleworth, is not in the Notes of any of the Three Registers who took Notes in that Cause, and yet is comprehended in the Decree as a Matter directed by the Court of Chancery.
"If this House please to remit the Petitioner's Case to be re-heard in Chancery, he offereth to pay Costs in case that Court shall decree the Cause against him.
"Upon which, the Committee are of Opinion, That the Case mentioned in the Petition of Sir Theodore De Vaux is fit to be heard at this Bar; and have ordered that it be so reported to this House."
After this Report, the Petition of Sir Theodore Devaux was read; upon which, the House made this Order following; videlicet,
"Upon Report made by the Earl of Bolingbrooke, from the Lords Committees appointed to receive and consider of Petitions, That the Petition of Sir Theodore Devaux Knight, having been considered by their Lordships, is thought fit to be retained by the House; and after reading and considering of the said Petition: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir John Colladon, the Defendant in the Petition mentioned, shall put in his Answer in Writing to the said Petition, at the Bar of this House, on Saturday the 13th Day of November Instant, at Ten of the Clock in the Morning."
Hollins, L. Byron's Servant, arrested.
Upon Information given to this House, by the Oath of Robert Aylway, "That John Filewood, a Serjeant, now sueth Richard Hollins, a Servant to the Lord Byron, a Peer of this Realm, contrary to the Privilege of Parliament, and refuseth to give Obedience to the Protection of the Lord Byron given to the said Richard Hollins, saying, He careth not for it:"
Filewood sent for.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Filewood be, and is hereby, required to appear at the Bar of this House, To-morrow at Ten of the Clock in the Morning, to answer his said Offence: And hereof he may not fail.
Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 10um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.