House of Lords Journal Volume 12: 29 January 1674

DIE Jovis, 29 die Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message to H. C. with the Vote concerning Peace with The States.

A Message was sent to the House of Commons, by Sir Mundiford Brampston and Sir William Glascock:

To deliver to them the Vote made Yesterday, concerning the Advice to be presented to His Majesty, concerning a Peace with The States Generall; and to desire their Concurrence thereunto.

Message from thence, for an Address, and with a Vote, to proceed in the Treaty with The States.

A Message was brought from the House of Commons, by the Lord Viscount Cornbury and others, which consisted of Two Parts:

1. They desire that humble Thanks may be presented to His Majesty by both Houses, for His Majesty's last Gracious Speech.

2. To communicate to their Lordships a Vote, whereunto they desire their Lordships Concurrence.

The Vote was read, as followeth:

"Resolved, &c. That, upon Consideration of His Majesty's Gracious Speech, and the Proposals from The States Generall of The United Provinces, this House is of Opinion, That His Majesty be humbly advised to proceed in a Treaty with the said States, in order to a speedy Peace."

Answer.

The Answer returned to the aforesaid Message was:

That to the First Part, touching an Address to be made to His Majesty by both Houses, for giving Thanks for His Gracious Speech, the Lords have already made an Address to His Majesty, in a whole House, to the same End and Purpose.

As to the other Part, their Lordships will send them an Answer by Messengers of their own.

Bill to regulate the Trial of Peers.

The House was adjourned into a Committee, to consider of the Bill for regulating the Trial of the Peers.

The House being resumed;

The Lord Steward reported, "That the Committee have taken the said Bill into their serious Consideration, and read it by Paragraphs, and thinks it fit to pass as it is, without any Alteration or Amendment."

And this House agreed to the Opinion of the Committee; and ORDERED, upon the Question, That the said Bill shall be engrossed.

Answer from H. C.

The Messengers sent to the House of Commons return with this Answer:

That they have delivered their Message, and the Commons will send an Answer by Messengers of their own.

Assignment of Bills and Bonds, Bill.

Hodie 1^a vice lecta est Billa, "An Act for assigning Bills and Bonds."

Whitchcot versus Darrell.

Whereas, by Order of this House, dated the 23th Instant, Sir Jeremy Whitchcott was appointed to put in his Answer to the Petition of Marmaduke Darrell Esquire, depending in this House, on Saturday the 31th Instant:

Upon reading a Petition of the said Sir Jeremy Whitchcott this Day, praying a longer Time to put in his said Answer, in regard of the Sickness and Infirmity he lieth under at present; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Jeremy Whitchcott hath hereby Time allowed him till Monday the 9th Day of February next; on which Day he is to put in his said Answer in Writing, at Ten of the Clock in the Forenoon.

March. of Worcester, Privilege versus Hall.

Upon reading the Petition of the Lady Margarett Marchioness Dowager of Worcester; complaining against William Hall, for Proceedings had by him against her, contrary to the Privilege of Parliament, as in the said Petition is set forth:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition is hereby referred to the Lords Committees for Privileges; whose Lordships are to examine the Matters complained of therein, and also have Power hereby to mediate between the said Marchioness Dowager and William Hall, or any other Persons concerned, and make Report afterwards unto the House.

Prettyman versus Coddrington; in Error.

Whereas, by virtue of His Majesty's Writ of Error, returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this House on Wednesday the 26th Day of March last (with the Transcript thereof), wherein Judgement is entered for Mary Codrington against William Prettyman; which said William Prettyman hath not prosecuted his said Writ, by assigning Errors within Eight Days next following the bringing in of the said Writ and Record (according to the Rules of this High Court), nor at such further Day as was after appointed by this Court, but hath rather brought the said Writ of Error for Delay of Justice and Execution upon the said Judgement:

It is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Transcript of the said Record, wherein Judgement is entered for the said Mary Codrington against the said William Prettyman as aforesaid, be remitted; and that she the said Mary Codrington may thereupon proceed as if no such Writ of Error had been brought into this Court: And their Lordships do further order and adjudge, That the said William Prettyman shall pay unto the said Mary Codrington the Sum of Ten Pounds for her Costs, by reason of his bringing the said Writ of Error into this House.

The Tenor of which Judgement, to be affixed to the Transcript to be remitted, followeth; videlicet,

"Postea, scilicet, Vicesimo Sexto Die Martii, Transcript. Record. & Processus prædicti inter Partes prædictas, cum omnibus ea tangentibus, Prætextu cujusdam Brevis dicti Domini Regis de Errore corrigend. per præsatum Willielmum Prettyman, in præmissis prosecut. dicto Domino Regi in præsenti Parliamento apud Westm. a prædicta Curia dicti Domini Regis hic transmissum fuit; ad quam quidem Curiam Parliamenti prædicti Maria Codrington prædicta petit, quod prædictus Willielmus Prettyman haberet Diem ad assignandum Errorem five Errores in Recordo & Processu prædict. si &c. super quo Dies dat. fuit per Curiam Parliamenti prædicti præsato Willielmo Prettyman, ad Errorem five Errores in Recordo & Processu prædict. assignand. usque Vicesimum Nonum Diem Januarii, Anno Regni dicti Domini Regis nunc Vicesimo Quinto supradict. idemque Dies dat. fuit præfat. Mariæ Codrington; ad quem Diem in eadem Curia Parliamenti apud Westm. prædict. venit. prædict. Maria Codrington in propria Persona sua, & prædict, Willielmus Prettyman (licet solemniter exactus) non venit, nec est Breve suum de Errore prædict. ulterius prosecut.; propter quod consideratum est per Curiam Parliamenti prædict. quod Record. prædict. nec non Processus prædict. a Curia Parliamenti prædicti prædict. Vicesimo Nono Die Januarii remittentur; & quod prædicta Maria Codrington in Curia dicti Domini Regis coram ipso Rege haberet inde Executionem versus præsatum Willielmum Prettyman, juxta Formam & Effectum Judicii prædict. dicto Brevi de Errore ac Processu superinde habit. in aliquo non obstante; & ulterius per eandem Curiam Parliamenti consideratum est, quod prædicta Maria Codrington recuperet versus præfatum Willielmum Prettyman Decem Libras, eidem Mariæ pro Misis & Custagiis quæ sustinuit Occasione Dilationis Executionis Judicii prædicti Prætextu Prosecutionis prædicti Brevis de Errore; ac superinde Record. & Processus prædict. Curiæ dicti Domini Regis per Curiam Parliamenti prædicti coram dicto Domino Rege ubicunque &c. remittentur, & in eadem Curia dicti Domini Regis coram ipso Rege jam resident. &c."

ORDERED, That the Lords do meet here To-morrow Morning, at Nine of the Clock, and go in a Body to the Abbey Church, to hear the Fast Sermon.

Winckle's Petition.

ORDERED, That the Petition of Richard Winckle shall be read on Saturday Morning next.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 31^um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.