House of Lords Journal Volume 13: 8 February 1678

DIE Veneris, 8 die Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bill against Blasphemy.

Hodie 3^a vice lecta est Billa, "An Act for punishing of Atheism and Blasphemy."

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

It was Resolved in the Affirmative, nemine contradicente.

Rodes' Bill.

Hodie 3^a vice lecta est Billa, "An Act for Confirmation of a Decree made in the Court of Chancery, the 24th Day of February, Anno Regni Regis Caroli 2di 27°, in a Cause between Sir Francis Rodes Baronet deceased and Dame Martha his Wife, and William Thornton an Infant by Cyprian his Guardian, and John Thornton, and the said Cyprian Thornton, Defendants, and of several Conveyances and Assurances made by the said Sir Francis Rodes in Pursuance thereof, as well for Payment of Debts, as for Provision for his Wife and Children."

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

It was Resolved in the Affirmative.

Message to H. C. with these Bills.

A Message was sent to the House of Commons, by Sir Tymothy Baldwin and Sir Edward Lowe;

To deliver these Two Bills following, and to desire Concurrence thereunto:

1. "An Act for punishing of Atheism and Blasphemy."

2. The Bill concerning Sir Francis Rodes' Estate.

L. Audley's Bill.

Hodie 2^a vice lecta est Billa, "An Act for restoring the Dignity and Title of Baron Audley of Hely to the Family and Posterity of Mervin Lord Audley deceased."

ORDERED, That the Consideration of this Bill is committed to these Lords following; who are to hear Mr. Attorney General what he shall offer on His Majesty's Behalf, and all other Persons concerned:

The Two Lords Chief Justices and the Lord Chief Baron (fn. 2) are to assist the Committee.

Their Lordships, or any Five of them, are to meet on Thursday next, being the 14th Day of this Instant February, at Nine of the Clock in the Forenoon, in the Prince's Lodgings; and to adjourn as they please.

E. of Warwick's Bill.

Hodie 2^a vice lecta est Billa, "An Act to enable the Guardian of the Right Honourable Edward Earl of Warwick and Holland to make Leases of several Messuages herein after mentioned, during his Minority, reserving the improved Rents."

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

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

Report concerning Privilege of Parliament.

The Earl of Aylesbury reported, "That the Committee for Privileges, in Pursuance of the Directions of this House, have prepared a Draught of somewhat fit to be published, declaring the Sense and Purport of the Standing Orders of this House relating to Privilege of Parliament."

Which being read, the House was made acquainted, "That it was proposed in the Committee for some Additions to be made to it; but in regard there were no Mention of any such Expressions in the Standing Orders, the Committee thought it not fit to insert them without the Order of the House."

And it was moved, "That because this is a Matter which concerns all the Peers, it was requisite the Debate thereof should be in a full House."

And in regard the House was to be called on Tuesday next, it was moved, "That this Report might then be made again, and taken into Consideration."

Which the House ordered accordingly.

L. Roberts's Privilege.

Upon Complaint made to this House, and reading Two several Affidavits of Robert George, of Lanivett, in the County of Cornwall, "That he being employed by the Lord Robertes to take up his Lordship's Toll Tin, one John Wymond, of Lanivett aforesaid, at sundry Times, within the Time of Privilege of Parliament, hath violently taken away the said Toll Tin from the said Robert George, in Prejudice of the said Lord Robertes' Right thereunto:"

Wymond sent for, for taking his Toll Tin from George.

It is thereupon ORDERED, That the said John Wymond be, and is hereby, required to appear at the Bar of this House within Ten Days next after the Service of this Order on him, to answer to the said Complaint; and hereof he may not fail.

E. of Craven's Privilege.

Upon Complaint made to this House, and Oath made at the Bar, by Ralph Marshall, George Compton, and Christopher Emerson, "That William Stockdale, by and with the Assistance of William Haward and Robert Hedges his special Bailiffs for that Pupose, in the Time of Privilege of Parliament, arrested the said Christopher Emerson, a menial Servant to the Earl of Craven, a Peer of this Realm, knowing him the said Christopher Emerson so to be:"

Stockdale & al. to be attached for arresting Emerson his Servant.

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Bodies of the said William Stockdale, William Haward, and Robert Hedges, and bring them in safe Custody to the Bar of this House, for their said Offence: And this shall be a sufficient Warrant on that Behalf.

To Sir George Charnock Knight, Serjeant at Arms, his Deputy and Deputies, &c.

L. Fitzwalter, Privilege.

Upon Complaint made to this House, and Oath made at the Bar, by George Webb, Edward Philby, and Francis Willis, "That the Lord Fitzwalter, a Peer of this Realm, being seised of the Manor of Burnham, with the River of Burnham, alias Walfleete, in the County of Essex, and the sole Right of Fishing therein, several Outrages have been committed upon his said Possession and Fishing in his said River, without his Lordship's License, within the Time of Privilege of Parliament, by John Mott and William Arnold, of Barling, and John England, John Mannnester, and Lambert Archer, of Paglesham, all of the said County of Essex, and William Richmond, of Paglesham aforesaid, who was aiding and abetting thereto:"

Nott, Arnold, & al. to be attached for disturbing his Possession of Burnham, alias Walfleet.

All which being done contrary to the said Privilege, it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant [ (fn. 3) at Arms] attending this House, or his Deputy or Deputies, shall forthwith attach the Bodies of the said John Mott, William Arnold, John England, John Mannester, Lambert Archer, and William Richmond, and bring them in safe Custody to the Bar of this House, to answer for their said Offences: And this shall be a sufficient Warrant on that Behalf.

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

Howards & al. Pet. versus D. of Norf.

Upon reading the Petition of Edward and Bernard Howard Younger Sons, and of the Lady Elizabeth Macdonnell Widow and only surviving Daughter, of the Right Honourable Henry late Earl of Arrundell and Surrey deceased, containing some Matters wherein the Duke of Norfolke is concerned:

It is ORDERED, That the Duke of Norfolke may have a Copy of the said Petition.

Countess Dorset versus Ly. Abergavenny.

Upon reading the Petition of Francis Countess Dowager of Dorset, complaining (amongst other Things), "That the Lady Abergavenny (contrary to the Privilege of Parliament) did, in September last, by William Marsh and Nicholas Mace, seize some of the Petitioner's Cattle, for Heriots, upon the Death of her late Husband Richard Earl of Dorset; which the Petitioner denying to be due, without Complaint of Breach of Privilege due to her, brought her Action against the said William Marsh and Nicholas Mace, who, to avoid the Current of the Law, are protected by the Lord Abergavenny, Son to the said Lady Abergavenny, as in the Petition is set forth:"

It is thereupon ORDERED, That the said Lady Abergavenny be, and is hereby, required to put in an Answer to the said Complaint of Breach of Privilege, within One Week next after Notice given her of the said Petition.

Countess Dorset versus Sir W. Royston, Privilege.

Upon reading the Petition of Frances Countess Dowager of Dorset, complaining (among other Things), "That Sir William Royston, One of the Sheriffs of London, with a numerous Attendance, did, on the Eighth Day of November last, being within the Time of Privilege of Parliament, enter into her Manor of Dorset Court, and committed her Bailiff to Prison till he was forced to put in Bail, and also did many other Things then and there, to the great Prejudice of the Petitioner's just Rights, as in the said Petition is alledged:"

It is thereupon ORDERED, That the said Sir William Royston may have a Copy of the said Petition, and be, and is hereby, required to appear at the Bar of this House, to make Answer to the said Complaint, on Thursday the 14th Day of this Instant February, at Ten of the Clock in the Forenoon.

Countess Dorset versus Wakeling & al. Privilege.

Upon reading the Petition of Frances Countess Dowager of Dorset, complaining (among other Things), "That Sir William Royston, One of the Sheriffs of London, with a numerous Attendance, did, on the Eighth Day of November last, being within the Time of Privilege of Parliament, enter into her Manor of Dorset Court;" and upon Oath made at the Bar, by Henry West, Thomas Ghost, Alice Strainge, and Dorothy Duffield, "That, amongst the said Attendants, William Wakeling, John King, and John Rand, used great Violence, in seizing, beating, and imprisoning the said Thomas Ghost, and entering the House of Alice Strainge, One of the Tenants of the said Countess, by the Window, and dragging the said Alice Strainge through the said Window to Prison, and uttered contemptuous Words against the said Countess of Dorset:"

Wakeling & al. to be attached, for a Riot in her Manor of Dorset Court.

All which being contrary to the Privilege of Parliament, it is thereupon ORDERED, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Bodies of the said William Wakeling, John King, and John Rand, and bring them in safe Custody to the Bar of this House for their said Offences: And this shall be a sufficient Warrant on that Behalf.

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

Bulkley versus Bulkley, in Error.

Whereas this House did, by Order of the 7th Instant, direct to hear Errors argued on the Ninth Instant, upon the Writ of Error wherein William Bulkley is Plaintiff against Bartholomew Bulkley Defendant:

It appearing this Day, by the Petition of Luke Cropley, on the Behalf of the said William Bulkley, "That he is now in the Isle of Wight, and could not possibly have Notice thereof; as also that, by Order of the Fourth of April last, the Hearing of the said Errors argued was then put off till a Report might be made by the Lords Committees for Petitions concerning a Petition and Appeal of the said William Bulkley depending in this House;" it is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, upon the said Writ of Error, together with the whole Matter depending in this House between the said William and Bartholomewe Bulkley, on Saturday the 16th Day of this Instant February, at Ten of the Clock in the Forenoon; whereof as well the said Bartholomewe as Will. Bulkley and Luke Cropley are hereby required to take Notice, to the End they may come prepared accordingly.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 9^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.