House of Lords Journal Volume 13: 19 March 1678

DIE Martis, 19 die Martii.

REX.
Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Committee for the Bill concerning Prisoners are to meet To-morrow Morning.

Residence and Pluralities Bill.

Hodie 2^a vice lecta est Billa, "An Act for the better regulating of the Residence of Ecclesiastical Persons, and Pluralities of Benefices."
ORDERED, That the Consideration of this Bill is committed to the Committee of the whole House; to be taken into Consideration on Saturday Morning next.

Burying in Woollen Bill.

Hodie 1 vice lecta est Billa, "An Act concerning burying in Woollen."

Message from H. C. with Bills; to return Samine's; and that they agree to L. Cullen's and Brend's; and for a Conference on the Fishing Bill.

A Message was brought from the House of Commons, by Sir John Trevor and others; which consisted of these Particulars following:

1. To return a Bill formerly sent down from their Lordships, concerning John Samine, in which the Commons have made some Amendments; to which their Lordships Concurrence is desired.

2. To let their Lordships know, that they agree to the Amendments in the Bill concerning the Lord Viscount Cullen.

3. They agree to the Amendments in the Bill concerning Francis Brend.

4. A Bill to enable Trustees to sell Lands, for Payment of the Debts of William Thorold, late of Hough, in the County of Lyncolne, Knight, deceased; to which their Lordships Concurrence is desired.

5. "An Act for the better suppressing of Pedlers, Hawkers, and Petty Chapmen;" to which their Lordships Concurrence is desired.

6. To desire a Conference concerning the Matter of the last Conference.

The Answer returned was:

Answer.

That this House agrees to a Conference; and appoints the same to be presently, in the Painted Chamber.

The same Lords as managed the former Conference are appointed to report this Conference.

The Commons being ready for the Conference, the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference on the Fishing Bill.

The Lord Privy Seal reported the Effect of the Conference with the House of Commons, which was concerning the Amendments made by them in the Bill for Preservation of Fishing in several Rivers, concerning which Amendments the Lords had a Conference with the House of Commons: "The Commons conceive, that, according to the ancient Course and Method of Transaction betwixt the Two Houses, when a Bill with Amendments is sent to either House from the other, by Messengers of their own, the House that sends them gives no Reason of their Amendments; but the House to whom it is sent, if any find Cause to disagree, do use to give Reasons for their Dissent to every particular Amendment; every One of which is supposed to carry with it the Weight of its own Reason until it be objected against: That the House of Commons having commanded them to acquaint your Lordships, That the Amendments which have been made in this Bill, though very great, passed upon mature Deliberation; and that they hope their Lordships, upon further Consideration of them, will find Cause to concur with the Commons therein: But, if your Lordships shall not remain satisfied, they desire they may understand from their Lordships, at a Conference, the particular Reasons which have induced your Lordships to disagree; and when the Commons have heard your Lordships Objections, they will be ready either to concur with your Lordships, or to offer such further Reasons as may give your Lordships Satisfaction."

Upon Consideration hereof, the House made this Order following:

Committee to consider of the Report.

"Upon Report made by the Lord Privy Seal of what passed at a Conference this Day desired by and had with the House of Commons, concerning Amendments by them made to a Bill sent down by the Lords, for Preservation of the Fishing in several Rivers of this Kingdom: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Committee for Privileges, &c. to consider of this Business; and report their Opinion thereupon unto the House."

ORDERED, That the Petition and Appeal of John Foster and others be read To-morrow Morning.

Report concerning the E. of Pembroke's Trial.

The Lord Chancellor acquainted the House, "That His Majesty having issued out a Commission of Oyer and Terminer, under the Great Seal, to Commissioners before whom the Earl of Pembrooke might be tried, his Lordship hath been indicted, and the said Indictment committed to a Grand Jury, empannelled for that Purpose, who hath found the said Earl of Pembrooke Guilty of Felony and Murder. The Record and whole Proceedings thereupon is returned and brought into this House, by Writ of Certiorari, that so his Lordship may receive his Trial in full Parliament by all his Peers. To that End, His Majesty hath appointed a Lord High Steward for this Time."

The House caused the Indictment and the Proceedings thereupon to be read; and made these Orders following:

Trial appointed.

"Whereas, by virtue of His Majesty's Writ of Certiorari, the Proceedings against Phillip Earl of Pembrooke and Mountgomery, upon an Indictment for the Death of Nathaniell Cony, had before the Commissioners of Oyer and Terminer at Hickes' Hall, in the County of Midd. upon which his Lordship is found Guilty of Felony and Murder, are brought into this House, in order to the Trial of the said Earl by all the Peers in full Parliament: It is thereupon ORDERED, That the Trial of the said Earl of Pembrooke and Mountgomery shall be had before the Peers in Parliament on Thursday the Fourth Day of April next; and that, in order thereunto, it be, and is hereby, referred to the Committee for Privileges, to consider of the several Circumstances, Ceremonies, and Methods of Proceedings, and Summons of Witnesses necessary to be thought on, in order to the said Trial; and make Report thereof to the House."

E. of Pembroke committed o the Black Rod.

"Whereas, upon an Indictment brought against Phillip Earl of Pembrooke and Mountgomery, before the Commissioners of Oyer and Terminer, his Lordship is, by the Grand Jury before them empannelled, found Guilty of Felony and Murder; the which Proceedings being by His Majesty's Writ of Certiorari brought into this High Court in due Form: It appearing that the said Earl of Pembrooke and Mountgomery is notwithstanding at large, and not under any Restraint; it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Phillip Earl of Pembrooke and Mountgomery shall be, and is hereby, committed to the Gentleman Usher of the Black Rod attending this Court, by him to be kept in safe Custody till further Order of this Court: And this shall be a sufficient Warrant on that Behalf.

"To Sir Edward Carteret Knight, Gentleman Usher of the Black Rod attending this Court, his Deputy and Deputies, and every of them."

Shillingford, alias Izard, versus Palmer.

Whereas this Day was appointed to hear Counsel, at the Bar, on both Parts, to argue the Errors assigned on a Writ of Error brought into this House on the Sixth Day of February last, on the Behalf of John Shillingford, alias Izard Gentleman, Plaintiff, whereto John Palmer is Defendant; the said Palmer appearing by his Counsel, but the said John Shillingford not appearing, nor any Counsel for him:

It is thereupon ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement of the Court of King's Bench, given for the said John Palmer, recited in the Transcript to the said Writ of Error annexed, be, and is hereby, affirmed; and that the said Writ of Error, and Transcript annexed, be remitted to the Court of King's Bench; to the End the said John Palmer may have Execution of the said Judgement, as if no such Writ of Error had been brought into this Court.

E. Powis, Privilege. Evans, his Servant, to be released.

Upon Information given to this House, "That John Evans, owned by the Earl of Powis, a Peer of this Realm, to be his Servant and Receiver of his Rents, was, on or about the Ninth Day of this Instant March, arrested, and is detained Prisoner in the Gaol for the County of Montgomery, now sitting the Parliament, contrary to the Privilege of Parliament, by the Means and Prosecution of Gerrard Herbert, Mathew Morris, Thomas Hodson, Evan Thomas, Henry Kiffin, and Thomas Griffithes:"

Herbert, Morris, & al. sent for, for arresting him.

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Gerard Herbert, Mathew Morris, Thomas Hodson, Evan Thomas, Henry Kiffin, and Thomas Griffithes, be, and are hereby, required to appear at the Bar of this House, within Fourteen Days next after Notice given them respectively, by the Service of this Order on them, to answer to the said Breach of Privilege: And it is further ORDERED, That the said John Evans be forthwith discharged from the said Arrest, and set at Liberty from his said Imprisonment, contrary to the Privilege aforesaid: And this shall be a sufficient Warrant on that Behalf.

To the High Sheriff of the County of Montgomery for the Time being, and to the Gaoler of the Prison for the said County, or any other Person under whose Custody the said John Evans is now Prisoner, his and their Deputy and Deputies, and every of them.

Adjourn.

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

Hitherto examined by us,

J. Bridgewater.
Clarendon.
Stafford.
Tho. Colepeper.