House of Lords Journal Volume 12: 18 March 1670

DIE Veneris, 18 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker this Day, in the Absence of the Lord Keeper, being not well.

Messages from H. C. with Bills.

A Message was brought from the House of Commons, by Sir George Downing and others; who brought up several Bills, to which their Lordships Concurrence is desired:

1. "An Act to enable Thomas Davison to sell Lands, to pay Debts, and provide for Younger Children."

2. "An Act to enable Henry and Jane Perkins to ensure to Doctor Wharton Lands purchased in the County Palatine of Durham."

3. "An Act for Improvement of Tillage, and the Breed of Cattle."

A Message was brought from the House of Commons, by Mr. Williamson and others; who brought up several Bills, to which their Lordships Concurrence is desired:

1. "An Act for making navigable the Rivers of Brandon and Warney."

2. "An Act to prevent the malicious burning of Houses, Stacks of Corn and Hay, and killing or maiming of Cattle."

3. "An Act for Naturalization of Captain Christopher Gunman and others."

A Message was brought from the House of Commons, by Sir Jonathan Trelawny and others; who brought divers Bills, to which their Lordships Concurrence is desired:

1. "An Act to prevent stealing and transporting Children and other Persons."

2. "An Act for the better Explanation of an Act made in this present Parliament, intituled, An Act for the making of the Church erected at Falmouth a Parish Church, and no Part of the Parish of Gluvias, or Chapelry of St. Budock."

3. "An Act for the Building of a Mansion-house for the Dean of St. Paul's Church, London."

4. "An Act for Endowment of a Church at Shadwell, now in the Parish of Stepny, in Midd. and making of it Parochial, distinct from Stepney."

Sale of Fee Farm Rents Bill.

The Lord Ashley acquainted the House, "That he was directed by His Majesty to present a Bill to this House, for selling some Fee Farm Rents;" which was read.

Hodie 1^a vice lecta est Billa, "An Act for advancing the Sale of Fee Farm Rents and other Rents."

Memorandum, That this Bill was signed by His Majesty, in these Words, "Charles R."

Robbers of Cloth and King's Store Bill.

His Royal Highness the Duke of Yorke reported, That the Committee have considered of the Bill for taking away the Benefit of Clergy from those that steal Cloth from the Racks, and steal the King's Ammunition and Stores, and have made small Alterations therein;" which, being read Twice, were Agreed to.

Hodie 3^a vice lecta est Billa, "An Act for taking away the Benefit of Clergy from such as steal Cloth from the Rack, and from such as steal or embezzle His Majesty's Ammunition and Stores."

The Question being put, "Whether this Bill, with the Alterations now read, shall pass?"

It was Resolved in the Affirmative.

Tillage, &c. Bill.

ORDERED, That the Bill for Improvement of Tillage and Breeding of Cattle shall be read To-morrow Morning.

Deeping Fens Bill.

Hodie 1^a vice lecta est Billa, "An Act for settling the Draining of the Fens in Lyncolneshire, called Deeping Fenns."

Heron's Bill.

Hodie 2^a vice lecta est Billa, "An Act for Sale of Lands, to pay the Debts, and raise Portions for the Younger Children, of Sir Cutbert Heron Baronet."

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

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

Lady Lee's Bill.

The Lord Chamberlain reported, "That the Committee have considered the Bill concerning the Lady Elizabeth Lee, and the Daughters and Coheirs of the late Earl of Downe, and have heard all Parties concerned therein, who have consented thereunto; therefore think it fit to pass as it is."

Hodie 3^a vice lecta est Billa, "An Act for confirming the Estates of Purchasers, and settling the Differences between the Lady Elizabeth Lee and the Daughters and Coheirs of the late Earl of Downe."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Horde's Bill.

ORDERED, That the Bill concerning Mr. Horde shall be read To-morrow Morning.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Thomas Lee, &c. who brought up a Bill, intituled, "An Act against transporting English Prisoners into Parts beyond the Seas;" to which they desire their Lordships Concurrence.

Bill against Conventicles.

ORDERED, That the Bill against Conventicles shall be further debated To-morrow Morning, next after the Lord Roos's Bill.

Ly. Bellasis' Bill.

Hodie 3^a vice lecta est Billa, "An Act for settling Part of the Estate of Dame Suzan Bellasis Widow, late Wife of Sir Henry Bellasis deceased."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it, and about Two others passed.

A Message was sent to the House of Commons, by Sir John Coell and Mr. Halsey:

1. To deliver to them the Bill concerning the Lady Bellasis.

2. To return them the Bill for taking away the Benefit of Clergy from Stealers of Cloth from the Rack; wherein the Lords have made some Amendments, and desire their Concurrence thereunto.

3. To let them know, that the Lords have agreed to the Lady Eliz. Lee's Bill.

Hotchkin's Bill.

ORDERED, That the Committee for Mr. Hotchkin's Bill do meet To-morrow, at Three of the Clock in the Afternoon.

Grenvile versus Elwes.

This Day being appointed to take into Consideration the Petition of Bernard Greenvile Esquire, setting forth, "That, in Pursuance of their Lordships Orders and Judgements, he hath applied himself to the Lord Keeper, to give Directions accordingly; but the Lord Keeper hath suspended to give his Directions therein."

The Lord Chief Justice of the Court of Common Pleas acquainted the House, "That he had received a Letter this Morning from the Lord Keeper, signifying his great Indisposition of Body, that, without Hazard of his Life, he was not able to go abroad, nor in so short a Time return such an Answer to Mr. Greenvile's Petition as the Nature of it requires; therefore he did humbly intreat their Lordships that he may have some further Time for this Purpose; and then he doubts not but he shall be able to give their Lordships full Satisfaction touching his Proceedings."

The House not inclining to give the Lord Keeper further Time herein, caused the Lord Keeper's Letter to the Speaker to be read, which was to this Effect:

"That he had the Assistance of Two Reverend Judges at the Hearing, who were both of Opinion, That, Mr. Morley being dead since the Decree for Redemption, there could be no Proceedings upon the Accompt without a Bill of Revivor in the Name of his Heir, which was Mr. Greenvile's Wife; of which Opinion he also was: For the Equity of Redemption (by his Death) descending to his Heir (for aught judicially appears to the contrary), further Advantage cannot be taken of it, without her being made a Party to the Suit: And this is known to be the Custom and Course of the Court, which is the Law of the Court; and is agreeable with the Reason of the Common Law in like Cases, in Case of the Death of a Plaintiff. And he humbly conceives this Opinion is no Ways contrary to the Vote of the Lords of the 12th of November, in the Petition mentioned, which declares only, That Mr. Greenvile was a Party, but not that his Lady was a Party to that Suit in Chancery; and it was alledged, and not denied, before him, That the Petition (whereupon that Vote and the other directing the Manner of the Accompt) did pass, was in the Name of Mr. Greenvile and his Lady jointly, and not in his Name alone, as the Petition suggesteth.

"And he conceives that a Bill of Revivor would have been a small Charge to Mr. Greenvile, and was advised, not with any Intent to hinder him of the Benefit of the Lords Votes touching the Manner of Accompting (whose Directions will have the same Force therein after, as they would have had before, a Bill of Revivor), but to preserve the Course and Justice of the Court, and the Conscience of the Judge, who, where the Cause is remitted, ought to proceed according to the Law of the Court, and not otherwise."

After some Debate hereof,

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will proceed to the further Consideration thereof on Wednesday the Three and Twentieth Instant, at Ten of the Clock in the Forenoon; at which Time Counsel on both Sides shall be heard at the Bar thereupon.

Ridge to be attached, for sueing Hyde, E. Rivers's Servant.

Whereas, upon Complaint made by William Hyde, menial Servant to the Earl Rivers, a Peer of this Kingdom, "That he shewed the Protection of the said Earl Rivers to Robert Ridge, of the City of Chester, Vintner, at what Time the said Robert Ridge began to sue the said William Hyde within the Time of Privilege of Parliament; who said, "That he valued not the Protection; and if his Lordship should hereafter question him the said Ridge, he would be as ready to appear at the Bar of the Lords House as the Lord Rivers;" and proceeded in the said Suit to Execution, contrary to Privilege of Parliament;" all which hath been proved by the Oath of the said William Hyde made at the Bar this Day (the said Robert Ridge being there present):

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Body of the said Robert Ridge, and keep him in safe Custody till the Pleasure of this House be further signified: And this shall be a sufficient Warrant on that Behalf.

D. of Richmond, Privilege.- Heyes discharged.

Whereas William Heyes, of Cobham, in the County of Kent, now in the Custody of the Serjeant (fn. 1) at Arms attending this House, or his Deputy, for sueing Mr. Roger Payne, Household Steward to his Grace the Duke of Richmond, to an Exigent, within the Time of Privilege, contrary to the Privilege of Parliament, hath this Day at the Bar acknowledged his said Offence, and received the Reprehension of the House for the same:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Proceedings had in the said Suit against the said Mr. Roger Payne within the Time of Privilege be set aside; and that the said William Heyes, at the Instance of the Duke of Richmond (to whom he hath submitted himself), be, and is hereby, discharged from his present Restraint for his said Offence, paying his Fees: And this shall be a sufficient Warrant on that Behalf.

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, 18 die Martii, post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker, in the Absence of the Lord Keeper, being not well.

Imposition on Wines Bill.

Hodie 2^a vice lecta est Billa, "An Act for granting unto His Majesty an Imposition upon all Wines and Vinegar, between the 24th Day of June, 1670, and the 24th Day of June, 1678."

ORDERED, That this Bill is committed to the Consideration of a Committee of the whole House, to be proceeded in on Monday next, in the Afternoon.

Bill's Bill.

Hodie 3^a vice lecta est Billa, "An Act to enable John Bill Esquire to sell certain Lands, in Kent and Surrey."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Sir F. Fane's Bill to sell Tirbeck Manor.

Hodie 3^a vice lecta est Billa, "An Act for settling the Manor or Lordship of Tirbeck, in the County of Yorke, and other Lands therein mentioned, on Trustees, to enable them to sell the same, for Payment of Debts."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Beckham's Bill.

Hodie 3^a vice lecta est Billa, "An Act to enable Richard Beckham Gentleman to sell Lands, to pay his Father's Debts, and to raise Portions for his Younger Brothers."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with Bills for Concurrence.

A Message was sent to the House of Commons, by Sir John Coell and Mr. Halsey;

To deliver these Bills following, and desire the Concurrence of the House of Commons thereunto:

1. The Bill concerning John Bill Esquire.

2. The Bill for settling the Manor of Tirbeck.

3. The Bill concerning Richard Beckham.

Gunman's Nat. Bill.

Hodie 3^a vice lecta est Billa, "An Act for Naturalization of Captain Christopher Gunman and others."

Morris versus Dove.

Upon reading the humble Petition and Appeal of John Morris and Robert Clayton, from certain Proceedings in the Court of Chancery, in a Cause wherein John Dove and Anne his Wife (both since dead) were Plaintiffs, against Sir John Prettiman and the Petitioner John Morris; as also from some Proceedings since had in the said Court of Chancery, upon a Bill brought by Thomas Dove, Executor of the said John Dove and Anne Dove, against the Petitioners and Sir Thomas Cullam Baronet:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Dove shall have a Copy of the said Petition and Appeal, and is hereby required to put in his Answer thereunto in Writing, on Monday next, at Ten of the Clock in the Morning.

Sale of Fee Farm Rents Bill.

Hodie 2^a vice lecta est Billa, "An Act for advancing the Sale of Fee Farm Rents and other Rents."

ORDERED, That this Bill be committed to a Committee of the whole House, to be taken presently into Consideration.

The House was adjourned into a Committee, to debate the said Bill.

The House being resumed;

The Earl of Essex reported, "That the Committee of the whole House have had some Consideration of the Bill for the Sale of Fee Farm Rents; and the Committee finding many Difficulties therein, do desire that the Lord Chief Baron and some of the King's Counsel may be advised withal."

Upon this, it is ORDERED, That this Bill is committed to these particular Lords following:

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

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That a Copy of the Bill, intituled, "An Act for advancing the Sale of Fee Farm Rents and other Rents," shall be delivered to His Majesty's Counsel Learned in the Law; who are to attend the Lord Chief Baron of the Court of Exchequer, Mr. Justice Twisden, and Mr. Baron Turner, and consult with them about the said Bill, that so the said Judges (who are hereby appointed to attend the Lords Committees to whom the said Bill is committed) may be the better prepared to assist their Lordships therein, on Monday next, at Three of the Clock in the Afternoon, in the Prince's Lodgings.

ORDERED, That the Bill concerning Falmouth Church, and the Bill for making Brandon River navigable, shall be read next after those Bills as are already appointed to be read.

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 19^um diem instantis Martii, hora nona Aurora, Dominis sic decernentibus.