House of Lords Journal Volume 13: 14 March 1678

DIE Jovis, 14 die Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Herring's Bill.

Hodie 2^a vice lecta est Billa, "An Act to enable Trustees to sell Lands, for Payment of the Debts of John Herring deceased."

ORDERED, That the Consideration of this Bill is committed to these Lords following; who are to hear all Persons concerned therein, and to take Care of any Infant concerned:

Their Lordships, or any Five of them; to meet To-morrow, at Three of the Clock in the Afternoon, in the Lord Chancellor's Lodgings near the House of Peers; and to adjourn as they please.

Message from H. C. that they agree to the Poll Bill.

A Message was brought from the House of Commons, by Sir Edward Deering, &c.

To acquaint their Lordships, that the Commons do agree to the Amendments and Proviso made by this House in the Bill for raising Money by the Poll.

Shillingford, alias Izard, versus Palmer, in Error.

Upon reading the Petition of John Palmer, Defendant in a Writ of Error depending in this House, wherein John Shillingford, alias Izard, is Plaintiff; praying, that a Day may be appointed to hear the Errors argued, which are assigned thereon:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel at the Bar, on both Parts, to argue the said Errors, on Saturday the Sixteenth Day of this Instant March, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause timely Notice to be given to the said John Shillingford, alias Izard, or his Attorney in the said Cause.

Marshal of The King's Bench, and Warden of The Fleet, Bill.

Hodie 2^a vice lecta est Billa, "An Act for regulating the Offices of the Marshal of The Marshalsea of the Court of King's Bench, and Warden of The Fleete, and for giving better Remedy against them in Case of Escapes or other Misdemeanors in their Offices."

ORDERED, That this Bill is re-committed to the same Committee as prepared it; and the Archbishop of Yorke and Vicecomes Newport are added to the Committee.

Neilder versus Kendall.

Upon reading the Petition of Henry Neilder and Johanna his Wife, One of the Daughters and Coheirs of John Hallet Esquire; shewing, "That, upon an Appeal brought into this House by Mary Hallet, the Petitioner Johanna's Mother, in both their Names; the said Johanna, being then an Infant, was involved in the said Cause unheard, and contrary to her Petition, before the Hearing preferred; praying, that her Right might not be included therein; which Petition of Appeal being upon Hearing dismissed, the Petitioners now pray, That they may be heard upon the Merits of the whole Case, to the End that the said Dismission may be set aside, and they be left to proceed for such Relief as they by Counsel shall be advised:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, on both Parts, upon the Merits of the said Cause, on Thursday the 28th Day of this Instant March, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause timely Notice to be given to Thomas Kendall Esquire (Defendant to the said Appeal), for that Purpose.

Villiers' Claim to the Title of Viscount Purbeck.

Upon reading a Petition of the Person who pretends to the Title of Viscount Purbeck, presented to His Majesty, and by His Majesty's Command brought into this House by the Lord Chancellor; complaining; "That (being now attained to One and Twenty Years of Age) the Lord Chancellor is scrupulous to grant him a Writ of Summons to Parliament, his Case, upon a former Reference of his Petition to His Majesty of his said Claim, depending still undetermined in this House; and praying that the House of Peers may not want a Member, nor the Petitioner suffer any longer by the Delay:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Petitioner, to make out his said Claim, as well as he can, by Counsel, at the Bar, on Thursday the 21th of this Instant March, at Ten of the Clock in the Forenoon; and that in the mean Time he cause timely Notice thereof to be given to the Duke of Buckingham, Earl of Denbigh, and the Lord Brudnell, who may then also be heard what they have to offer in Opposition to the said Claim, if they think fit.

L. Gerard, Privilege: Daniel, her Servant's Complaint dismissed.

Upon reading the Petition of Dame Jane Gerard, the Relict of the Right Honourable Charles Lord Gerard, deceased, complaining of a Breach of Privilege, committed, by Ralph Laughton Gentleman, William Billington, and others, in seizing and imprisoning her Servant Francis Daniel, sent upon her Affairs into Buckinghamshire about Lady Day last (the Parliament then sitting); as also upon hearing the said Ralph Laughton at the Bar, on the Behalf of himself and the other Persons complained of; shewing, "That the said Francis Daniel was then apprehended as a Felon; and that he made an Escape from the Constable, in his Return from the Justice of Peace before whom he was examined concerning the Matter laid to his Charge:"

After due Consideration had of the said Petition, and what was alledged at the Bar by the said Ralph Laughton; it is ORDERED, That the said Petition of the said Dame Gerard be, and is hereby, dismissed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 15^um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.