House of Lords Journal Volume 13: 19 June 1678

DIE Mercurii, 19 die Junii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thoresby's Bill.

Hodie 1 vice lecta est Billa, "An Act to enable Trustees to sell Mr. Thomas Thoresby's Lands, for the Payment of Debts."

Mulso's Bill.

Hodie 1 vice lecta est Billa, "An Act to enable Trustees to sell the Lands of Tanfield Mulso Esquire, late deceased, for Payment of his Debts, and making Provision for his Children."

Message from H. C. with Bills; and to return the Dean of St. Paul's Bill.

A Message was brought from the House of Commons, by Sir Henry Ford, &c. who brought up these Bills:

1. An Act, intituled, "An Act for making navigable the River Fale, alias Vale, in the County of Cornwall;" and their Lordships Concurrence is desired thereunto.

2. "An Act to revive and continue an Act, intituled, An Act for giving Liberty to buy and export Leather and Skins tanned or dressed;" to which their Lordships Concurrence is desired.

3. To return the Bill for increasing the Revenue of the Dean of St. Paul's in Shadwell; wherein they have made some small Amendments, to which they desire their Lordships Concurrence.

Meade versus Regem, in Error.

This Day the Lord Chief Justice of the Court of King's Bench brought in a Writ of Error, to reverse a Judgement given in the King's Bench, between His Majesty and Mathew Meade.

Appeals, Time for bringing in.

ORDERED, That the Earl of Essex do make Report, on Saturday the 22 of this Instant June, from the Committee appointed to consider of limiting a Time for bringing in Appeals into this House.

Supply Bill, for disbanding Forces.

The House was put into a Committee, to consider the Bill for granting a Supply to His Majesty.

The House being resumed;

The Earl of Bridgwater reported, "That the Committee have read over the Bill for granting a Supply to His Majesty; and reading again the First Paragraph, a Message was delivered, by the Lord Treasurer, from His Majesty: But, in regard the Committee had not Power to receive the said Message, the Committee are of Opinion, That the Lord Treasurer be desired to deliver the same Message to the House."

Which the Lord Treasurer did, as followeth:

Message from the King, that the French refuse to void The Spanish Netherlands, till the Swedes are restored to all the Places taken from them.

The Lord Treasurer, by His Majesty's Command, did let the House know, "That His Majesty did Yesterday receive a Letter from His Ambassador at Nimeguen, Sir Leoline Jenkins, dated the 15th of June; which gave Him an Account, That the French Ambassadors had declared to the Dutch Ambassadors there, They would not void any One of the Places they hold in The Spanish Netherlands, until Sweden be effectually restored to the Places taken from them; no, notwithstanding that the Peace were already signed and ratisied between them.

"That upon this is arisen a Difficulty on the Side of the Spanyard, whether they will accept the French Conditions.

"That Monsieur Beverning, One of The States Ambassadors there, had thereupon earnestly enquired of him, Whether the Army of England was presently disbanding? Because nobody could tell what End Things would come to: For, if France will keep all those Places in The Netherlands filled with their Troops, it is in vain that The States have taken so much Pains about their Barrier; for they will have none when all is done. And the said Monsieur Beverning was very auxious till he did hear out of England, that the Army might not yet be disbanded.

"That the Imperial Ministers had been to visit him that Day; and that their principal Business was, to learn what they could from him, in what State our Army was, Things being in this doubtful Condition."

ORDERED, That the Matter of this Message be presently communicated to the House of Commons, at a Conference.

Message to H. C. for a Conference about it.

A Message was sent to the House of Commons, by Sir William Beversham and Sir Andrew Hacket:

To desire a present Conference, in the Painted Chamber, upon Matters of very great Moment.

The Lord Treasurer, Lord Privy Seal, Marquis of Winton, Earl of Huntingdon, Earl of Bridgwater, Earl of Shaftesbury, Vicecomes Fauconberg, Bishop of Rochester, Lord Berkeley, and the Lord Colepeper, are appointed to manage this Conference with the House of Commons; and to acquaint them, "That the Reason of the House of Peers desiring a present Conference with the House of Commons is, their having received a Message from His Majesty, which they judged of that Moment that they did not think fit to delay the communicating of it to the Commons, being of that great Concern to both Houses and the whole Kingdom."

Message altered.

The House being informed, that the Messengers sent to the House of Commons were not called in, though they had stayed there long; the said Messengers were sent for back.

And the House gave them new Directions, to desire a Conference with the House of Commons To-morrow, at Eleven of the Clock, in the Painted Chamber, upon Matters of very great Moment.

Dean of St. Paul's Bill.

The Amendments in the Bill for increasing the Revenue of the Dean of St. Paul's, in the Parish of Shadwell, were read Twice, and Agreed to as they were brought from the House of Commons.

Child's Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable Trustees to sell the Lands late of Robert Childe deceased, for Payment of his Debts, and Provision for his Wife and Children."

Benyon versus Bullingham, Privilege.

Whereas, upon the Petition of George Benyon Esquire, One of the Gentlemen in Ordinary of His Majesty's Privy Chamber, complaining of a Breach of Privilege, committed by John Bullingham (pretending Title to some Stone Quarries, Part of the Inheritance of the said George Benyon), in his getting a Judgement upon Default of the said George Benyon's not appearing, and other Matters in the said Petition set forth; the said John Bullingham appearing this Day, to answer to the said Complaint:

After hearing what was offered by Counsel on either Part, concerning the said Privilege claimed and Judgement obtained, and due Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of George Benyon be, and is hereby, dismissed this House; and that the said Judgement is to remain in Force for the Security of the said John Bullingham, but no Execution thereupon is to be taken, nor any Possession of George Benyon since the last Trial to be changed, until after the Lent Assizes now next coming, at which Time a new Trial is to be between the said George Benyon and John Bullingham; and if the Verdict shall then pass against the said George Benyon, Execution shall be had thereupon for the said John Bullingham, or else not at all.

E. of Feversham versus Watson.

Upon reading the Petition of Lewis Earl of Feversham, Viscount Sonds of Lees Court, Lord Duras, Baron of Holdenby and Throwley, being an Appeal from a Dismission of his Bill in Chancery (on the 11th of May last), concerning Three Thousand Pounds per Annum to be settled on the Petitioner in Pursuance of the Articles of Agreement made between him and Sir George Sonds late Earl of Feversham, upon the Marriage of the said Lewis now Earl of Feversham with the Lady Mary since deceased, then Eldest Daughter of the said late Earl of Feversham:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Lewis Watson Esquire and the Lady Katherine his Wife, now the only Daughter and Heir of the said late Earl of Feversham, may have a Copy of the said Petition and Appeal; to which they are hereby required to put in an Answer, in Writing, within One Week next after Notice given to the said Lewis Watson of this Order.

De la Poole versus Okeover.

Whereas this House had appointed to hear Counsel, at the Bar, in the Cause depending in this House, between Sir Henry De la Poole and Dame Elizabeth his Wife Plaintiffs by Petition, and Rowland Okeover and Elizabeth his Wife Defendants, To-morrow, being the 20th Instant:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hearing is hereby put off, to be heard on Thursday the 27th Day of this Instant June, at Ten of the Clock in the Forenoon; whereof both the said Parties are hereby required to take Notice, and attend with their Counsel accordingly.

Marriot versus Regem ie Error.

Whereas Simon Marriot, being convicted of Forgery at the Summer Assizes holden for the County of Surrey, in the 28th Year of His Majesty's Reign that now is, hath (after Affirmance of the Judgement thereof in the Court of King's Bench on the 8th Day of this Instant June) obtained His Majesty's Writ of Error returnable into this High Court, for reversing the said Judgement, which is not yet certified into this Court for that Purpose:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Simon Marriot be, and is hereby, required to cause the Record of the said Judgement, together with a Transcript thereof, to be brought into this Court, by virtue of the said Writ of Error, on or before Wednesday the 26th Day of this Instant June, at Ten of the Clock in the Forenoon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 20^um diem instantis Junii, hora decima Aurora, Dominis sic decernentibus.