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 Sabbati, 26 die Martii.
Bill to prevent stealing Children, &c.
Gunman & al. Nat. Bill.
Shadwell Church Bill.
Message from H. C. with Bills.
Bill against Conventicles.
The Earl of Bridgwater reported, "That the Committee of the whole House have considered the Bill to prevent and suppress seditious Conventicles, wherein the Committee have thought fit to make some Amendments and Alterations, and added some Provisos, which are offered to the Consideration of the House."
Protest against a Clause in it.
Bill against Conventicles.
Protest against it.
Memorandum, That, before the putting the abovesaid Question, these Lords following desired Leave of the House to enter their Dissents, if the Question was carried in the Affirmative; and accordingly they enter their Dissents, by subscribing their Names:
Message to H. C. to return Bills.
To let them know, that whereas this House hath received several Bills from them, upon Consideration whereof their Lordships have made Amendments, Alterations, and added Provisos to the several and respective Bills, they do now return the same, wherein the Concurrence of the House of Commons is desired to the said Amendments and Alterations.
Bill for a Treaty for a Union.
The Lord Great Chamberlain reported, "That the Committee have considered the Bill authorizing certain Commissioners of the Realm of England to treat with Commissioners of Scotland for the Weal of both Kingdoms, and do think it fit to pass, with some small Amendments."
L. Roos's Bill.
L. Holles Privilege.--- Symball discharged.
Whereas Isaac Symball, now in the Custody of the Serjeant at Arms attending this House, or his Deputy, for assaulting and beating Hugh Bowring, menial Servant to the Lord Holles, a Peer of this Realm, and taking from him his Lordship's Horse, and impounding him, so that the Lord Holles was constrained to replevy his Horse, sitting this Parliament, contrary to the Privilege of Parliament, hath submitted himself to the Lord Holles, and acknowledged his Offence, and prayed his Lordship's Pardon, and Intercession for him:
It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled (at the special Motion of the Lord Holles on that Behalf), That the said Isaac Symball be, and is hereby, discharged of his present Restraint for his said Offence, paying his Fees: And this shall be a sufficient Warrant on that Behalf.
DIE Sabbati, 26 die Martii, post meridiem.
Bill against stealing Children, &c.
Trials for Inheritances, Bills of Midd. Latitats, &c.
The Earl of Dorsett reported from the Committee appointed to consider of the usual Way of Trials now practised for Inheritances more than was in former Times, with the new Rules settled by the Judges for such Trials, which obtain the Force of Acts of Parliament; and also to consider of the usual Practice upon Bills of Middlesex and Latitats, and how the Subject appears to be aggrieved in either of them; as also to consider of the Statute made in 13 Car. 11di: "That their Lordships, having called to their Assistance some of the Judges of either Court, of King's Bench and Common Pleas, do find, that the Manner of Proceeding now in Use upon Actions of Ejectment was begun in the Time of the late Troubles, and hath been since generally followed by the Judges, and is a dangerous Precedent, whereby the Judges in future Times may be, upon Occasion, induced to change the Law without Act of Parliament; and that the Addition of the Words Ac etiam, &c. to the Bills of Middlesex, is a Thing newly introduced into the Court of King's Bench, and may tend to the defeating, or at least in some Measure evading, the said Act of 13° Car. 11di, provided for Prevention of Vexations and Oppression by Arrests, and of Delays in Suits of Law, as in the said Act is at large expressed: And this their Lordships have commanded him to present to their Consideration, and desire to know the further Pleasure of the House therein."
The Resolution of the Lords hereupon follows in the next Leaf (fn. 1).
The Earl of Carlile, Bishop of Lyncolne, and Bishop of Chichester, the Lord North, Lord Powis, Lord Vaughan, Lord Lucas, and the Lord Ashley, are added to the Committee concerning the Proceedings at Law upon Bills of Midd. and Latitats.
Bill for a Treaty for a Union.
Tillage, &c. Bill.
Message to H. C. that the Lords have passed it;--and with the Bill concerning a Union.
Additional Act for rebuilding London.
Corn and Sale Measures Bill.
Sale of Fee Farm Rents Bill.
ORDERED, That the Committee for the Bill for advancing the Sale of Fee Farm Rents do meet on Monday Morning, (fn. 2) at Eight of the Clock.
Shadwell Church Bill.
Sir T Vaux versus Sir J. Colladon.
Whereas Robert Ridge, of the City of Chester, Vintner, now in the Custody of the Serjeant at Arms attending this House, or his Deputy, for sueing and arresting of William Hyde, menial Servant to the Earl Rivers, a Peer of this Realm, within Time of Privilege, and speaking contemptuous Words against the Protection of the said Earl Rivers, contrary to the Privilege of Parliament, was this Day brought to the Bar, where he acknowledged his Sorrow for his said Offence, and begged Pardon for the same, and thereupon received the Reprehension of the House:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Ridge shall make his Submission to the Earl Rivers, and is hereby discharged from any further Restraint for his said Offence, paying his Fees: And this shall be a sufficient Warrant on that Behalf.
E. of Derby Privilege.--Mosse, &c. released.
Upon reading the humble Petition of John Mosse, Mary Gorsuch, and William Ellinson, now in the Custody of the Serjeant at Arms attending this House, or his Deputy, for sueing and arresting James Haughton, menial Servant to the Earl of Derby, a Peer of this Realm, within the Time of Privilege, contrary to the Privilege of Parliament, wherein they alledge their Ignorance of his Lordship's Privilege, to whose Pleasure they have wholly referred themselves, and express their hearty Sorrow for their said Offence, and pray the Pardon of this House:
It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Mosse, Mary Gorsuch, and William Ellinson, be, and are hereby, discharged from any further Restraint for their said Offence, paying their Fees; and this shall be a sufficient Warrant on that Behalf.
Trials for Inheritances, Bills of Midd. &c.
Upon Report made by the Earl of Dorsett, from the Committee appointed to consider of the usual Way of Trials now practised for Inheritances more than was in former Times, with the new Rules settled by the Judges for such Trials which obtain the Force of Acts of Parliament, "That the said Proceedings are not safe, and that the Addition of the Words Ac etiam, &c. to the Bills of Midd. is a Thing newly introduced, &c."
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this Business be re-committed to the further Consideration of the said Committee, who are to examine the State of the Proceedings of the Courts of King's Bench and Common Pleas, and the Practice which hath been of late; and that the Lord Chief Baron of the Court of Exchequer do assist their Lordships; and that Mr. Livesey Secondary of the Court of King's Bench, and Mr. Lockhart, Mr. Worrall, and Mr. Robinson, Prothonotaries of the Court of Common Pleas, do attend their Lordships, to give a true Information of the Custom and Proceedings in those Courts upon Bills of Midd. and Latitats, on Tuesday next, at Three of the Clock in the Afternoon, in the Prince's Lodgings.
Barker and Pearle versus Gerrard.
Upon Report made by the Earl of Dorsett, from the Lords Committees appointed to receive and consider of Petitions, upon the Petition and Appeal of William Barker Esquire, and Thomas Pearle, from a Decree made in the Court of Chancery, in which Sir Gilb't Gerrard (lately deceased), Executor to the Lady Moulsome, was Defendant, "That the said Cause may be heard at this Bar:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel shall be heard, at the Bar of this House, for the said William Barker and Richard Pearle, as also for Sir Francis Gerard Executor of the said Sir Gilbert Gerrard, on the First Thursday of the Sitting of this House next after Easter, at Ten of the Clock in the Forenoon.
Dean and Dodson versus Barker, in Error.
Whereas, upon a Writ of Error depending in this House, concerning a Judgement given in the Court of King's Bench, for and on the Behalf of William Barker Esquire, Plaintiff in that Court, and Joseph Deane of Westm. Esquire, and William Dodson of Westm. Defendants, and the Transcript of the Record of the said Judgement, the said Joseph Deane and William Dodson, Plaintiffs in the said Writ, have assigned Errors, and Issue is by the said William Barker joined thereupon:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel on both Parts shall be heard, at the Bar of this House, to argue the said Errors, on Wednesday next, being the Thirtieth Day of this Instant March, at Ten of the Clock in the Forenoon.