House of Lords Journal Volume 13: 8 January 1681

DIE Sabbati, 8 die Januarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

King versus Fletcher, in Error.

Upon reading the Petition of John King Doctor in Physic; shewing, "That having obtained a Judgement in the Court of Common Pleas against Christopher Fletcher, which is since affirmed in the Court of King's Bench, the said Christopher Fletcher hath brought the same into this Court by Writ of Error; upon which Writ Errors are assigned, and Issue joined; and therefore praying, That a Day may be appointed, to hear the said Errors argued:"

It is 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 Thirteenth Day of this Instant January, at Three of the Clock in the Afternoon; whereof the said John King is to cause timely Notice to be given to the said Christopher Fletcher for that Purpose.

Protestant Religion for securing Bill.

The House was put into a Committee, to proceed further in the Consideration of the Bill for securing the Protestant Religion.

The House was resumed.

Clauses offered.

The Lord Privy Seal reported, "That the Committee have agreed of some Clauses to be added to the said Bill, which they have thought fit to refer to the Judges now present to draw into Form."

Which said Clauses were read, as followeth:

"That no Treaty nor Negotiation with any Foreign Prince or State shall be concluded or made, but by Commissioners; which shall not exceed the Number of Nine, to be appointed by the said Council of Forty-one, and authorized under the Great Seal of England to make such Treaties; and all such Treaties shall be signed and sealed by the major Part of the Commissioners appointed.

"That the Government of Ireland shall be taken Care of by the said Council of Forty-one; who have hereby Power and Authority, in Time of Vacancy, or upon any Misdemeanor of any Governor or Officer Civil or Military within the Kingdom of Ireland, to displace or remove, or fill up such Vacancy; subject to the Allowance or Disallowance of the next sitting Parliament of this Kingdom.

"That, in Time of Parliament, the Two Houses of Parliament shall execute all those Powers of Treaties, Negotiations, and the Affairs of Ireland, by themselves or such as shall be appointed by them, in as full and ample Manner as by Authority of this Act is appointed for others to do in the Intervals of Parliament.

"That the Duke of Yorke be banished, during the King's Life, out of His Majesty's Dominions; and that he live in some Place beyond the Seas, at least Five Hundred Miles from England; upon Penalty, that if he shall come or be found nearer England, his whole Revenue shall be forfeited, seized, and disposed to the King's Majesty's Use.

"That if any Person shall knowingly receive the Duke of Yorke in England or Ireland he shall be adjudged a Traitor; and that it shall be Treason for the said Duke of Yorke to return into any of His Majesty's Dominions during the King's Life."

The House agreed to these Clauses.

And ORDERED, That the Judges now present be, and are hereby, appointed to draw Clauses to be added to the Bill for securing the Protestant Religion, upon the Heads this Day reported from the Committee of the whole House, and agreed unto by this House.

Stead versus Berrier, in Error.

Upon reading the Petition of John Stead; shewing, "That Elizabeth Barrier hath, by Writ of Error, brought into this Court a Judgement given for him in the Court of King's Bench, but hath not assigned Errors thereupon; and therefore prayeth, that a Day may be appointed for that Purpose:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Elizabeth Berrier be, and is hereby, required to assign Errors upon the said Writ of Error, on or before Thursday the 13th Day of this Instant January, at Ten of the Clock in the Forenoon; or else the said Writ of Error to be void.

Mr. Seymour's Trial appointed.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Saturday the 15th Day of this Instant January is hereby appointed for the Trial of Edward Seymour Esquire, upon the Articles brought up against him by the House of Commons, whereby he stands charged with several high Crimes and Misdemeanors.

Message to acquaint H. C. with it.

A Message was sent to the House of Commons, by Sir John Coel and Sir Tymothy Baldwin:

To let them know, that this House have appointed the 15th Day of this Instant January, for the Trial of Edward Seymour Esquire, upon the Articles brought up against him by the House of Commons this Day Sevennight; and that the Commons may reply, if they think fit.

Rose Hara versus Crow & Ux.

Upon reading the Petition of Rose Hara Widow, shewing, "That John Crowe and Elizabeth his Wife, who, by Order of the 23th of November last, were required to put in their Answer or Answers to her Appeal depending in this House against them, were duly served with the said Order, but have not obeyed the same; and therefore prayeth a Hearing upon her said Appeal:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Crow and Elizabeth his Wife be, and are hereby, required peremptorily to put in their Answer or Answers to the said Appeal, at the Bar of this House, on or before Saturday the Twenty-ninth Day of this Instant January, in order to a Hearing of the said Cause at the Bar; and hereof the said Rose Hara is to cause timely Notice to be given to the said John and Elizabeth Crow for that Purpose.

Williams versus Herbert.

Whereas there is an Appeal of Roger Williams Esquire depending in this House:

It being moved, "That in regard the said Roger Williams is very aged, and not in Town, That John Williams Esquire may be Security for him, according to the Order of the 20th of November last:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Williams be, and is hereby, admitted to enter into Recognizance of One Hundred Pounds to the King's Majesty, that the said Appellants shall pay such Costs to the Defendant in the said Appeal as this Court shall appoint, in case the Decree appealed from shall be affirmed by this House.

Collop versus Jeoffreys & al.

Upon reading the Petition of William Collop; shewing, "That he having an Appeal depending in this House, to which John Jeoffreys, John Stephenson, James Metham, and Thomas Goston, have put in their Answers; and praying a Day may be appointed for hearing thereof:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Cause shall be heard, by Counsel, at the Bar, on both Parts, on Tuesday the 25th Day of this Instant January, at Three of the Clock in the Afternoon; whereof the said William Collop is to cause timely Notice to be given to the said John Jeoffreys, John Stephenson, and the other Respondents, for that Purpose.

Bampfield versus Vaughan.

Upon reading the Petition of Hugh Vaughan and John Vaughan, Respondents, to the Petition of Appeal of Warwick Bampfeild; shewing, "That, by Consent of each Party, it is desired that the Hearing of the said Cause, which was appointed to be on Saturday next, may be put off for some longer Time:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Cause be, and is hereby, appointed to be heard, by Counsel on both Sides, at the Bar of this House, on Thursday the Third Day of February next, at Three of the Clock in the Afternoon; whereof the said Hugh and John Vaughan are to cause Notice to be given to the said Warwick Bampfeild for that Purpose.

Wainwright, Debtor in The King's Bench Prison, to be discharged by the Justiecs of the Peace.

Whereas, upon reading the Petition of James Waynwright, Prisoner in The King's Bench for Debt and Damages; complaining, "That having satisfied his Creditors as far as he was able, and having sought for a Release of his Imprisonment from the Justices of Peace for the County of Surrey, which was denied him, as also by the Judges of the Court of King's Bench, the said Petition was referred by this House to the Consideration of Mr. Justice Windham and Mr. Justice Charlton; who have thereupon certified, that the said James Waynwright may be relieved upon the First Act made for Relief of Poor Prisoners in 1671, as by the said Certificate appeareth:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Justices of Peace for the County of Surrey, to whom the said James Wainwright shall apply himself for Relief in the Case in his said Petition set forth, be, and are hereby, authorized and required to proceed in the Case of the said James Wainwright, according to the Tenor and Directions of the said Act upon which the said Judges Certificate is grounded.

ORDERED, That the Committee for the Bill for encouraging of Protestant Strangers, do meet on Monday Morning.

The Question was put, "Whether this House shall be adjourned to Four of the Clock this Afternoon?"

It was Resolved in the Affirmative.

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.

Noys & al. versus Sir P. Fortescue.

Upon hearing Counsel this Day at the Bar, upon the Petition of William Noye, Humphrey, Sarah, Honor, and Prudence Noye, being an Appeal from a Decree and Dismission made in the Court of Chancery, on the Behalf of Sir Peter Fortescue, and Dame Amy his Wife, Relict and Executrix of Sir Peter Courtney, concerning some Lands in the County of Cornwall, late the Lands of Sir Peter Courtney deceased, and also from the said Dismission; as also upon the Answer of the said Sir Peter Fortescue, and Dame Amy his Wife, put in thereunto:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree and Dismission of the Court of Chancery, complained of in the Petition and Appeal of the said William Noye, Humphrey, Sarah, Honor, and Prudence Noye be, and are hereby, confirmed; and that the said Appeal be dismissed this House: And it is further ORDERED, That it be recommended to the Court of Chancery, to give Leave to the said Humphrey, Sarah, Honor, and Prudence Noye, to redeem the Mortgage mentioned in the said Decree.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, decimum diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.