House of Lords Journal Volume 13: 3 July 1678

DIE Mercurii, 3 die Julii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mulso's Bill.

Whereas the Bill to enable Trustees to sell Lands of Tanfield Mulso Esquire, lately deceased, for Payment of his Debts, and making Provision for his Children, was on Friday last read the Third Time; but the passing thereof respited until this Day:

The Lord Chancellor reading the Title thereof;

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

It was Resolved in the Affirmative.

Bill against a Peer, to examine Witnesses in perpet. Rei Mem no Breach of Privilege.

The Lords Spiritual and Temporal in Parliament assembled to declare, That in all Cases wherein it is necessary to examine Witnesses in perpetuam Rei Memo riam, it shall not be taken to be a Breach of Privilege of Parliament, to file a Bill against a Peer, in Time of Parliament, for that Purpose only; and that this Decla ration be added to the Roll of Standing Orders.

E Peterborough and Visc Stafford Quard.

The House being made acquainted with some Words which passed this Day in the House between the Earl of Peterborough and the Lord Viscount Stafford.

The Lord Chancellor, by Directions of the House, laid the Injunction upon them, not to resent any Thing as passed between them this Day.

Bill against Atheism, &c.

ORDERED, That the Bill for punishing Atheism and Blasphemy shall be read the Second Time on Wednesday the Tenth of this Instant July.

Committees adjourned.

The Committee for the Bankers are to meet To morrow Morning, at Nine of the Clock; and all other Committees are adjourned for this Day.

Keels and Boats Measurement Bill.

Hodie 1^a vice lecta est Billa, "An Act for the Ad measurement of Keels and Boats carrying Coals."

E. of Powis Privilege Herbert released.

Whereas Gerard Herbert was (amongst other Persons) brought to the Bar of this House, on the Twenty-Second Day of June last, for a Breach of Privilege of Parlia ment, by him (and others) committed against the Earl of Powis, a Peer of this Realm; where it being proved against him the said Gerard Herbert, that he had uttered Words derogatory to the Authority of the House of Peers, for which he was then committed to the Prison of The Fleete during the Pleasure of this House:

It appearing, by the Intercession of the Earl of Powis on his Behalf, that he the said Gerard Herbert hath made his humble Submission to the said Earl, and expressed his Penitence for so having offended this House; it is ORDERED, by the Lords Spiritual and Temporal in Par liament assembled, That the said Gerard Herbert be, and is hereupon, discharged from his present Restraint in the Prison of The Fleete, paying his Fees due to the Officers of this House; and this shall be a sufficient Warrant on that Behalf.

To the Warden of the Prison of The Fleete, his Deputies, Turnkeys, and other under Officers, and every of them.

Darrell versus Whichcot.

Whereas this House this Day entered into the Hea ring of the whole Matter, in the Cause between Marma duke Darrell Esquire, and Sir Paul Whichcot Baronet; but, having not Time to go through the same, intend to proceed therein To-morrow:

Causes removed.

It is ORDERED, That the Causes which were ap pointed to be heard To-morrow and the Days following shall come on in Course after each other, as they are already appointed; whereof the Parties therein respec tively concerned are hereby to take Notice, and attend with their Counsel accordingly.

Marq. Worcester, Privilege.

Whereas, upon the Complaint of the Marquis of Worcester a Peer of this Realm, Meredith Howell, Phil lip Edward, and Nathaniell Field, were this Day brought to the Bar, as Delinquents, for a Breach of Privilege by them (with others) committed, in carrying away Wood out of Wentwood Chase, belonging to the said Marquis of Worcester, and then examined by this House; at which Time they tendered a Petition, and were commanded to withdraw:

Howel et al to remain in Custody, for cutting Wood in Wentwood Chase.

After due Consideration had thereof, it is Resolved, by the Lords Spiritual and Temporal in Parliament assem bled, That the said Meredith Howell, Phillip Edward, and Nathaniell Feild, are guilty of the said Breach of Privilege; and shall be and remain in the Custody of the Gentleman Usher of the Black Rod attending this House, until the Pleasure of this House be further sig nified.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamen tum continuandum esse usque in diem Jovis, 4^um diem instantis Julii, hora decima Aurora, Dominis sic decer nentibus.