House of Lords Journal Volume 13: 15 February 1678

DIE Veneris, 15 die Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day the Earl of Arlington Lord Chamberlain of His Majesty's Household, and the Lord Ward, took the Oaths of Supremacy and Allegiance, and subscribed the Declaration against Transubstantiation, pursuant to the Act for preventing the Dangers which may happen from Popish Recusants. Their Witnesses were sworn, and examined by the Lord Chancellor, as to the Truth of their Certificates concerning their Lordships receiving the Sacrament of the LORD'S Supper.

L. of Warwick's Bill.

The Lord Privy Seal reported, "That the Committee have considered the Bill to enable the Guardian of the Earl of Warwick and Holland to make Leases of several Messuages; and they are of Opinion that the said Bill is fit to pass, with some Amendments."

Which, being read Twice, were Agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Clifton's Bill.

The Lord Privy Seal did also report from the Committee for the Bill concerning Sarah Clifton, "That some Difficulties arising, wherein their Lordships desire the Direction of the House; (videlicet,) the Newness of the Precedent, to pass a Bill to gratify a Purchaser, where it is conceived the Party can make a good Estate without it, which was the Opinion of the Judge, and not denied before the Committee by the Counsel of the Party on whose Behalf the Bill is brought in."

The House was also informed, "That some Lawyers are of Opinion, That the Parties cannot make a good Title without an Act of Parliament; upon which Discourse abroad, the Purchasers will not give so much by Two Years Purchase as else they would, which will tend much to the Prejudice of the Younger Children."

Upon Debate of this Report, and what was offered to the House;

The Question being put, "Whether the Committee shall proceed upon this Bill of Sarah Clifton?"

It was Resolved in the Affirmative.

Count of Lincoin's Nat. Bill.

Hodie 2^a vice lecta est Billa, "An Act for the Naturalizing of Jane de Galiere, Countess of Lyncolne, the Daughter of Peter de Galiere, Lord of Verune, in the Province of Languedoc, in the Kingdom of France, the now Wife of the Right Honourable Edward Earl of Lyncolne."

ORDERED, That the Consideration of this Bill is committed to these Lords following; who have hereby Power and Authority to add such other Persons to be naturalized as they shall think fit, and report the same to the House:

Their Lordships, or any Five of them; to meet Tomorrow Morning at Nine of the Clock, in the Prince's Lodgings; and to adjourn as they please.

Message from H. C. to remind the Lords of the Bill against the Growth of Popery.

A Message was brought from the House of Commons, by Mr. Poule and others:

To put their Lordships in Mind of a Bill formerly sent up, to prevent the Growth of Popery.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir John Pettis, &c who presented a Bill, passed the Commons, intituled, "An Act for settling certain charitable Uses for the Benefit of the Town of Kelshall, in Suffolke;" to which their Lordships Concurrence is desired.

Cobham House Bill.

Next, the House took into Consideration the Amendments made in the Bill to enable Trustees to raise Money upon Cobham House and Parkes.

The Amendments were read Thrice, and Agreed to.

Shalcross Bill.

Hodie 1^a vice lecta est Billa, "An Act for settling divers Manors, Farms, and Lands, in the County of Hertford, now in the Possession of Francis Shalcross Esquire, and for making Provision for Younger Children, and Payment of Debts."

Chesenhale's Bill.

Hodie 2^a vice lecta est Billa, "An Act to enable Sir Edward Chesenhale and Dame Elizabeth his Wife, and their Trustees, to sell the Manor of Billingford in Norfolke, and to purchase and settle other Lands at Preston in Lancashire in Lieu thereof."

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

Their Lordships, or any Five of them; to meet on Monday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings; and to adjourn as they please.

Darrell versus Whitchcot.

A Petition of Marmaduke Darrell, against Sir Paul Whitchcot, was read.

Whereupon it was ORDERED, That Sir Paul Whitchcot should have a Copy of the Petition, and put in his Answer.

And it was moved, "That the Question might be put, Whether Whitchcot shall have a Month's Time to put in his Answer?"

The Question being put, "Whether the said Question shall be put?"

It was Resolved in the Affirmative.

Then the Question being put, "Whether Sir Paul Whitchcot shall have a Month's Time to put in his Answer?"

It was Resolved in the Affirmative.

Whereupon the House made this Order following:

"Upon reading the Petition of Marmaduke Darrell Esquire; shewing, That, upon his Appeal exhibited into this Court against Sir Jeremy Whitchcot, after hearing Counsel at the Bar, this House did, on the 23th Day of February, 1673, pass a Judgement, resolving that the Petitioner should have Relief out of the said Sir Jeremy Whitchcot's Part of the Coal Farme, concerning which the Petitioner had appealed; and that the said Sir Jeremy Whichcot being since dead, and Sir Paul Whitchcot his Son being Executor of his last Will hath proved it, and thereby possessed himself of his said Father's Part in the said Coal Farme, and receiveth the Rents and Profits thereof, and is the same Person in Law as his Testator was (as in the Petition is set forth); and therefore prayeth, that this his Cause and whole Proceedings therein may be revived against the said Sir Paul Whitchcot, and stand in the same State as the same did against the said Sir Jeremy Whitchcot at the Time of his Death: It is thereupon Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Paul Whitchcot may have a Copy of this Petition, to which he is hereby required to put in his Answer in Writing within One Calendar Month next ensuing the Date hereof."

Bulkley versus Bulkley, in Error.

This House being moved, on the Behalf of William Bulkley, "That Counsel may be assigned for him, to appear in the Causes upon the Writ of Error and Petition depending in this House, in both which Bartholmew Bulkley is the Defendant:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Molloy and Mr. Cresset be, and are hereby, appointed Counsel for the said William Bulkley, to be heard at the Bar on Tuesday next, being the Nineteenth Instant, at Ten of the Clock in the Forenoon, and at such other Times as the House shall think fit to appoint.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 16^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.