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 Veneris, 24 die Martii.
Deledique & al. Nat. Bill.
Hodie 1a vice lecta est Billa, "An Act for naturalizing of John Deledique and others."
Bill to explain the D. of York's Bill.
Hodie 1a vice lecta est Billa, "An Act for explaining a Proviso in an Act, intituled, An Act for settling the Profits of the Post-office, and granting Wine Licenses, on his Royal Highness James Duke of Yorke, and the Heirs Males of his Body."
Bill to prevent the Growth of Popery.
Hodie 2a vice lecta est Billa, "An Act to prevent the Growth of Popery."
ORDERED, That the Consideration of this Bill is committed to these Lords following:
Their Lordships, or any Seven; to meet on Tuesday next, at Three of the Clock in the Afternoon, in the Prince's Lodgings; and the Committee have Power to send for what Judges they please, to assist them.
Intestates Estates Bill.
Hodie 3a vice lecta est Billa, "An Act for the better settling of Intestates Estates."
Some small Amendments were made at the Table; which, being read Thrice, were Agreed to.
The Question being put, "Whether this Bill, with the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Sir Andrew Hacket and Sir William Beversham:
To deliver the Bill for settling Intestates Estates, and desire their Concurrence therein.
Libel to be burnt.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Paper declared by this House on Monday the Twentieth Day of this Instant March to be a false and seditious Libel, shall be burnt by the Hangman in The Old Pallace Yard at Westminster, on Monday the Twenty-seventh Day of this Instant March, at Eleven of the Clock in the Forenoon; and the Sheriff of Middlesex is hereby required to take Care that Execution be done accordingly.
L. Roberts & al. versus Cresset; & è contra.
ORDERED, That the Answer of John Cresset to the Petition of the Lord Roberts and others, and also the Answer of the Lord Roberts to the Petition of John Cresset, shall be read on Monday Morning next.
Report concerning Trials for Inheritances, Bills of Middlesex, &c.
The Earl of Anglesey reported, "That the Lords Committees 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 to examine whether any Grievance appears therein to the Subject; and also to consider of the usual Practice upon Bills of Middlesex and Latitats, and how the Subject appears to be grieved thereby; as also to consider of the Statute made in Anno 13° Caroli Secundi, intituled, "An Act for preventing of Vexations and Oppressions by Arrests, and of Delays in Suits of Law," and also what their Lordships think fit to be done thereupon; their Lordships having had several Meetings hereupon, and calling to their Assistance some of the Judges, have made Resolutions, which they offer to the Consideration of the House; which were read, as followeth:
"Resolved, &c. That this new Writ with Ac etiam, is an Innovation, which, with the Proceedings thereupon, are contrary to the Act made 13° Car'l. Secundi Cap. 2.
"That the said Act of 13° Car'l. Secundi is eluded thereby, and the King is prejudiced in His ancient Right of Fines upon Original Writs.
"That such Proceedings of the Judges are an assuming to themselves in some Measure a Legislative Power.
"That all Proceedings in this Kind hereafter be forborne by the Judges of the respective Courts; and that the said Act of 13° Car'l. IIdi be strictly pursued in all Actions for the future.
"And as concerning the Second Clause in the Order referred to the Committee, that they should call to their Assistance the Barons of His Majesty's Court of Exchequer, and consider of some Course for settling all Matters in Difference touching the Proceedings in other Courts, and provide for the Ease and Benefit of the Subject, so that the Statute made in Anno 13° Car'l. Secundi be not eluded, and all Innovations not warranted by Act of Parliament may be truely stated, and such Remedies as shall be thought fit prepared: The Lords Committees conceive the present Practice in Trials upon Ejectione Firmæ is an Innovation, by the Pleasure of the Judges, without Act of Parliament; for Prevention of which for the future, their Lordships have a Bill (proposed by the Judges) for Recovery of Possessions; which may, if this House thinks fit, be taken into Consideration, and, with the Addition of a Preamble taking Notice of the said Innovation, and with such Additions and Amendments as shall be thought fit by their Lordships, be made a Law."
The abovesaid Votes being read, it is ORDERED, That the Debate of the Matter of this Report shall be upon Friday Morning next.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 27um diem instantis Martii, 1671, hora decima Aurora, Dominis sic decernentibus.