House of Lords Journal Volume 13: 26 March 1679

DIE Mercurii, 26 die Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Popish Recusants, for better Discovery of, Bill.

Hodie 3^a vice lecta est Billa, "An Act for the better Discovery, and the more speedy Conviction, of Popish Recusants."

The Question being put, "Whether this Bill 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 Tymothy Baldwin and Sir John Hoskins:

To deliver to them the Bill for the better Discovery, and the more speedy Conviction, of Popish Recusants; and desire their Concurrence thereunto.

Members of Convocation to take the Oaths, Bill.

The Lord Bishop of Bath and Wells reported, "That the Committee have considered the Bill for disabling any Person from sitting in either House of Convocation till he hath taken the Oaths, and made and subscribed the Declaration, contained therein; and have made some Amendments therein, and added a Proviso, which they offer to the Consideration of the House."

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

And my Lord Bishop of Bath and Wells asked Leave to bring in another Bill, to include more of the Clergy.

Which was granted.

Bill to disable the E. of Danby.

The House was going to be adjourned into a Committee, to consider of the Bill for disabling the Earl of Danby.

And it was moved, "That the Committee might have Power to mend the said Bill as they shall think fit."

Which was ordered accordingly.

The House was adjourned into a Committee, to consider of the said Bill.

The House was resumed.

And the Question being put, "Whether to proceed further in this Bill, without summoning the Party concerned?"

It was Resolved in the Affirmative.

The House was again adjourned into a Committee.

And being resumed;

The Earl of Bridgwater reported, "That the Committee have taken the Bill for disabling Thomas Earl of Danby into Consideration; and have made Alterations, both in the Title and the main Body, turning it into a Banishment."

The Amendments were read Twice, and Agreed to; and it is ORDERED, That the said Bill be engrossed, with these Amendments.

London and Westm to be cleared of Papists.

ORDERED, That To-morrow Morning this House will take into Consideration the Way and Means of clearing the Cities of London and Westm. of Popish Families; and at the same Time to consider of the Report of the Judges concerning this Business.

Examinations against Gages and Aston to be laid before the House.

The House being moved, "That Mr. Henry Gage, Mr. Francis Gage, and Mr. John Gage, and Mr. William Aston, may have Leave to travel into the Parts beyond the Seas:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all such Examinations taken at His Majesty's Council Board, wherein the said Gages, or Mr. Aston, may be concerned, are to be brought, by One of the Clerks of the Council, before this House, To-morrow Morning, to the End that further Directions may therein then be given as this House shall think fit.

Tuchet, Leave to come to Town.

This House being moved, "That Mervin Tuchet Esquire, who hath Business of Importance to himself to look after, may be permitted to come and stay in Town some Time for that Purpose:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mervin Tuchet be, and is hereby, authorized to come to, and abide in, the Cities of London and Westminster, or either of them, for the Space of One Month from the Date hereof, but no longer; and this shall be a sufficient Warrant on that Behalf.

Constable, Leave to go beyond Sea.

The House being moved, "That Mr. Phillip Constable, with Three Servants, may have Leave to travel into the Parts beyond the Seas:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Phillip Constable, with Three Servants, videlicet, Francis Mollinax, Francis Collingwood, and Thomas Cooke, be, and is hereby, authorized and permitted to travel to any of His Majesty's Sea Ports of this Kingdom, and thence to pass quietly into the Parts beyond the Seas; and for his so doing, this shall be a sufficient Warrant.

Stratford versus Cooling, in Error.

Upon reading the Petition of Samuell (fn. 1) Stratford; shewing, "That, upon Writ of Error brought by Joseph Cooling Esquire, Marshal of the Court of King's Bench, against him, Errors are assigned for Reversal of the Judgement of the Court of King's Bench thereunto annexed, and Issue is joined; and praying, that a Day may be appointed, to hear the said Errors argued:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued, by Counsel, at the Bar, on both Parts, on Thursday the Third Day of April next, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause timely Notice to be given to the said Joseph Cooling for that Purpose.

Blackborow versus Blake.

Whereas there is a Petition of Peter Blackborow, Gentleman, depending in this House, being an Appeal from a Decree made in the Court of Chancery, on the Tenth Day of December last, whereby he was enjoined to convey certain Collieries in the County of Northumberland to Francis Blake Esquire, and thereupon prayeth Relief:

The House being moved, "That a Day may be appointed for the said Francis Blake to answer thereto;" it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Francis Blake be, and is hereby, required to put in an Answer to the said Petition, in Writing, within Three Weeks next after Notice given him of this Order for that Purpose.

Ducket versus Mildmay.

Upon reading the Petition of Thomas Ducket Esquire; shewing, "That he having an Appeal depending in this House, from a Decree made in the Court of Chancery in Easter Terme last, on the Behalf of William Mildmay Esquire and others, concerning Lands in Hensted, in the County of Suffolk, settled by the said William Mildmay on the Petitioner; and that the Petitioner, having given Security according to Order, is still prosecuted in the Court of Chancery, as in the Petition is suggested; and therefore praying Relief:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal assembled in Parliament, That all further Proceedings upon the said Decree in the Court of Chancery to be stayed, during the Depending of the said Cause in this House; and that the said William Mildmay and Mary his Wife, and other Persons now living, on whose Behalf the said Decree was made, be, and are hereby, required to put in their Answer, or respective Answers, to the said Appeal, in Writing, within One Week next after Notice of this Order to them severally given for that Purpose.

Bill to prevent Clandestine Marriages.

ORDERED, That a Bill to prevent clandestine Marriages be brought into the House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quarta, Dominis sic decernentibus.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bill to disable the E. of Danby.

Hodie 3^a vice lecta est Billa, "An Act for banishing and disabling Thomas Earl of Danby."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentientibus,

Northampton.
Ailesbury.
Berkeley."

Message to H. C. with the Bill.

A Message was sent to the House of Commons, by Sir Miles Coke and Sir John Hoskyns:

To deliver to them the Bill for banishing and disabling Thomas Earl of Danby, and desire their Concurrence thereunto.

D. of Norfolk, Privilege: Hodgsons & al. Suit about the Fishery in the River Eden staid.

Upon reading the Petition of Richard Marriott, Servant to the Duke of Norfolk, a Peer of this Realm, now in the Parts beyond the Seas; shewing, "That, in December or January last, John Hodgsion of Northend, John Hodgsion of West-end, Joseph Mathewe, and Richard Selby, Customary Tenants of the Barony of Burgh, in the County of Cumberland, whereof the Duke is Lord, have arrested Jervas Barty, his Tenant, by the Advice of George Bell their Attorney, in order to the Trial of their Title to the said Duke's Fishing in the River of Eden, in the said Barony:"

Hodgsons & al. sent for.

Now, forasmuch as the said Action was commenced, and is prosecuted, during the Privilege of Parliament, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all Proceedings on the said Action be stayed, during the Time of Privilege; and that the said John Hodgsion of North-end, John Hodgsion of West-end, Joseph Mathews, Richard Selby, and George Bell, be, and are hereby, required to appear at the Bar of this House, to answer for their said Breach of Privilege, within Three Weeks next after Notice given them of this Order for that Purpose; and hereof they may not fail.

E. of Rochester, Privilege.

Upon Oath made, by William Clarke, owned by the Earl of Rochester, a Peer of this Realm, to be his menial Servant, "That he was arrested, by Luke Hemings, at the Suit of Elizabeth Cross, in the Beginning of this Month of March, within the Time of Privilege; and that he produced the Protection of the said Earl, to which they would not give Obedience:"

Hemings and Cross to be attached, for arresting Clark, his Servant.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy or Deputies, shall forthwith attach the Bodies of the said Luke Hemings and Elizabeth Crosse, and bring them in safe Custody to the Bar of this House, to answer for their said Offence; and this shall be a sufficient Warrant on that Behalf.

To Sir Geo. Charnock Knight, Serjeant at Arms attending this House, his Deputy and Deputies, and to all His Majesty's Officers, to be aiding and assisting in the Execution hereof.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 27^um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 29th March, 1679, by us,

J. Bridgewater.
P. Bath & Wells.
Vaughan Carbery.
R. Arundell.