House of Lords Journal Volume 13
9 July 1678

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1767-1830

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'House of Lords Journal Volume 13: 9 July 1678', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 276-279. URL: http://www.british-history.ac.uk/report.aspx?compid=11571 Date accessed: 23 November 2014.


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DIE Martis, 9 die Julii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Petriburg.
Epus. Rochester.
Epus. Ely.
Epus. Bath et Wells.
Epus. Chichester.
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Monmouth.
L. Chamberlain.
Comes Oxon.
Comes Huntingdon.
Comes Dorset et Midd.
Comes Bridgwater.
Comes North'ton.
Comes Clare.
Comes Manchester.
Comes Mulgrave.
Comes Peterborough.
Comes Carnarvon.
Comes Sunderland.
Comes Scarsdale.
Comes St. Alban.
Comes Clarendon.
Comes Essex.
Comes Craven.
Comes Aylesbury.
Comes Shaftesbury.
Comes Powis.
Comes Feversham.
Vicecomes Stafford.
Vicecomes Hallyfax.
Vicecomes Newport.
Ds. Delawar.
Ds. Berkeley.
Ds. Morley.
Ds. Stourton.
Ds. Wharton.
Ds. North.
Ds. Hunsdon.
Ds. Petre.
Ds. Arundell W.
Ds. Maynard.
Ds. Howard Esc.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Gerard B.
Ds. Wotton.
Ds. Frescheville.
Ds. Arundell T.
Ds. Butler West.

PRAYERS.

River Fale Bill.

The Earl of Shaftesbury reported, "That the Committee have considered the Bill for making the River of Fale navigable, and have added a Proviso."

Which was read Twice, and Agreed to.

Hodie 3a vice lecta est Billa, "An Act to make navigable the River of Fale, alias Vale, in the County of Cornwall."

The Question being put, "Whether this Bill, with the Proviso now read, shall pass?"

It was Resolved in the Affirmative.

Keels and Boats Measurement Bill.

The Lord Privy Seal reported, "That the Committee have considered the Bill for the Admeasurement of Keels and Boats, and have thought fit to make some Amendments therein."

Which, being read Twice, were Agreed to.

Hodie 3a vice lecta est Billa, "An Act for the Admeasurement of Keels and Boats carrying Coals."

The Question being put, "Whether this Bill, with the Amendments now read, 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 John Coell and Sir Edward Lowe; to return Two Bills, brought up from the Commons, to which their Lordships do agree, with some Amendments, and desire their Concurrence thereunto:

The Bill concerning the admeasuring of Keels and Boats.

The Bill for making the River of Fale navigable.

Supply Bill.

Hodie 1 vice lecta est Billa, "An Act for granting a Supply to His Majesty, of Six Hundred and Nineteen Thousand Three Hundred Eighty-eight Pounds, Eleven Shillings, and Nine Pence, for disbanding the Army, and other Uses therein mentioned."

Meade versus Regem, in Error.

ORDERED, That the Errors in the Writ of Error wherein Mathew Meade is Plaintiff, and His Majesty is Defendant, shall be argued, by Counsel, To-morrow Morning.

Message from H. C. with Bills from the Commons; to return the one for recovering Debts of Executors; and to remind the Lords of the Highways Bill.

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

1. To return a Bill formerly sent down to the Commons, to enable Creditors to recover their Debts of the Executors and Administrators of Executors in their own Wrong; to which the Commons have made some Amendments, and desire their Lordships Concurrence thereunto.

2. To present a Bill, intituled, "An Act to make good a Mortgage made by John Forth, deceased, to Thomas Cooke and Nicholas Carey, and for making Provision for Henry Forth, Son of the said John Forth;" to which their Lordships Concurrence is desired.

3. To present a Bill, intituled, "An Act for granting an additional Duty to His Majesty upon Wines for Three Years;" to which their Lordships Concurrence is desired.

4. To put their Lordships in Mind of an Act formerly brought up, for repealing a Clause in a former Act, intituled, "An Act for enlarging and repairing of common Highways."

Petition to the King, concerning the Title of Viscount Purbeck.

The Petition reported formerly by a Committee to be presented to His Majesty, "That He would give Leave to bring in a Bill to disable the Petitioner from claiming a Title to Viscount Purbeck," was read, and some Amendments made therein.

And the Question being put, "Whether this Petition thus amended shall be presented to the King?"

It was Resolved in the Affirmative.

Protest against it.

Dissentiente,

"Anglesey, &
Northampton.

"For these Reasons:

"1st, That this is a Transition from our Judicature, in a Case of Nobility, wherein the Lords are proper and sole Judges, to the Exercise of Legislature, wherein the Commons have equal Share with us, and admits them Judges of Peerage; which, I conceive, ought not to be, if he be a Peer, as seems implied by proposing a Law to bar his Title; and there is no Need of a Law, if he be no Peer.

"2ly, If a Bill come in, the Cause must be heard again; and then Judgement ought to be given, which (if against him) the Commons must credit upon the Proofs made here, where only Witnesses are sworn; and therefore Judgement here ought to be final.

"3ly, This Petition is no Answer to His Majesty's Reference; and we leave Him in Uncertainty, when He asks our Opinion, or desire the Royal Assent to nothing, if he hath no Title to be barred.

"4ly, If the Commons should reject a Bill sent to them, they establish him a Peer, by judging it injurious to bar him by a Law; and so would seem more tender of Peerage than we.

"5ly, Leave is asked of His Majesty to bring in a Bill, when every Peer hath Right to do it in this Case, if he conceive himself aggrieved by a false Claim of Honour; and therefore several Lords have been admitted Parties against him upon former Hearings, and Judgement given in Part for him, by a Vote that he is not barred by the Fine of his Father.

"6ly, It seems against common Right to bar any by Bill who claims a legal Title, without Forfeiture be in the Case; and if so, there needs no Bill."

Memorandum, These Six Reasons are written with the Lord Privy Seal's own Hand.

Petition to the King, for a Bill to disable Villiers from claiming the Title of Viscount Purbeck.

"We, your Majesty's most humble, loyal, and faithful Subjects, the Lords Spiritual and Temporal in Parliament assembled, do most humbly present to Your Most Excellent Majesty's Consideration, That Your Majesty having referred to us a Petition to Your Majesty, styled, "The Petition of Robert Villiers, Son and Heir of Robert, and Grandson of John, Viscount Purbeck, and Baron of Stoke;" we have, in Pursuance to Your Majesty's Reference, fully heard, examined, and considered, the Petitioner's Claim to be Viscount Purbecke and Baron of Stoke; and, after long Hearing of Counsel, and several Debates thereupon had, we have resolved to petition Your Majesty, and do humbly beg, That Your Majesty will be graciously pleased to give Leave, that a Bill may be forthwith brought into this House, whereby the Petitioner may be disabled to claim the said Title."

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Privy Seal, Vicecomes Newport, and the Lord Maynard, be, and are hereby, appointed to wait on His Majesty, and to present the Petition of this House to His Majesty, for disabling the Petitioner, who pretends to the Title of Viscount Purbeck, to claim the same.

Additional Duty on Wines Bill.

Hodie 1 vice lecta est Billa, "An Act for granting an additional Duty to His Majesty upon Wines, for Three Years."

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Treby and others; who brought up a Bill for the more effectual hindering the Exportation of Wool; to which they desire their Lordships Concurrence.

Sir R. Vyner & al. Bankers Bill.

Upon Consideration had of some Amendments and Provisoes reported to this House with the Bill for confirming the several Letters Patents granted by His Majesty, to Sir Robert Vyner, Edward Backwell Esquire, and others therein named:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chief Justice of the Court of Common Pleas, and Lord Chief Baron of the Court of Exchequer, shall be attended by Mr. Portman and his Creditors, to the End that their Lordships may prepare a Clause or Proviso to be added suitable to the said Bill on his Behalf; and that their Lordships consider of the Proviso offered to the House relating to Aliens who are Creditors, as also of the Clause or Proviso concerning such Creditors as have sued Mr. Portman; and so to word all the said Clauses as they may be fit to be added to the Bill, and report the same to the House To-morrow Morning.

ORDERED, That the Bill concerning the Bankers be engrossed, with the Amendments.

Forth's Bill.

Hodie 1a vice lecta est Billa, "An Act to make good a Mortgage made by John Forth deceased, to Thomas Cooke and Nicholas Cary, and for making Provision for Henry Forth, Son of the said John Forth."

Burying in Woollen Bill.

Next, the Amendments made by the House of Commons in the Bill concerning the burying in Woollen, were read Twice; and Agreed to all, except One, which concerns the Fine to the King.

It is ORDERED, To be referred to the same Committee as this Bill was formerly; who are to meet this Afternoon, at Four of the Clock, to consider how these Amendments stand in the Bill.

Johnson versus Woolley, in Error.

Whereas this Day was appointed to hear Counsel, on both Parts, upon the Writ of Error depending in this House, wherein William Wooley is Plaintiff, and Thomas Robinson Defendant; the said Defendant appearing by his Counsel, but the said Plaintiff not appearing, nor any Person (except his Attorney) for him:

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given for the Defendant Thomas Robinson by the Judges in the Exchequer Chamber shall be affirmed, and Five Pounds Costs to be recovered by the said Thomas Robinson against the said William Wooley, unless the said William Wooley shall, by his Counsel, shew good Cause to the contrary to this Court on Friday the 12th Day of this Instant July, at Ten of the Clock in the Forenoon.

Limiting Time of Appeals.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Privileges, to examine and consider of the ancient Method of limiting the Time after the Beginning of every Parliament, or Session of Parliament, within which Time all Petitions and Appeals from other Courts are to be brought in to this House, and not after; and to prepare the Draught of an Order to be reported to the House for that Purpose.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quinta, Dominis sic decernentibus.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Cant.
Epus. Sarum.
Epus. Petriburg.
Epus. Rochester.
Epus. Ely.
Epus. Bath et Wells.
Epus. Chichester.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Bucks.
L. Chamberlain.
Comes Huntingdon.
Comes Bridgwater.
Comes Carnarvon.
Comes Clarendon.
Comes Craven.
Comes Aylesbury.
Comes Shaftesbury.
Comes Feversham.
Vicecomes Stafford.
Vicecomes Hallyfax.
Ds. Wharton.
Ds. North et Grey.
Ds. Hunsdon.
Ds. Lucas.
Ds. Gerard B.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.

PRAYERS.

Burying in Woollen Bill.

The Earl of Clarendon reported from the Committee, "That, upon reading the Amendments made by the House of Commons to the Bill for burying in Woollen, the Lords do not agree to the Amendments made in the 23, 24, 25, 28, and 29 Lines of the Third Skin; to all the rest of the Amendments, their Lordships do agree."

This House agrees with the Committee; and appoints to have a Conference with the House of Commons on Thursday next.

Woollen Manufactures Bill.

Hodie 1a vice lecta est Billa, "An Act for Encouragement of Woollen Manufactures."

Weavers Petition against it.

Upon the First Reading of a Bill, intituled, "An Act for the Encouragement of the Woollen Manufactures; as also the Petition of the Bailiffs, Wardens, and Assistants, of the Company of Weavers, London; praying, That, for the Reasons in the said Petition alledged, they may be heard, by their Counsel, before the said Bill pass:"

Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Petitioners, by Counsel, at the Bar, what they have to offer against the said Bill, on Thursday the Eleventh Day of this Instant July, at Ten of the Clock in the Forenoon.

Prisoners for Debt, Relief Bill.

Hodie 2a vice lecta est Billa, "An Act for the further Relief and Discharge of poor distressed Prisoners for Debt."

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

L. Treasurer.
L. Privy Seal.
L. Chamberlain.
E. Huntingdon.
E. Bridgwater.
E. Clarendon.
E. Aylesbury.
E. Shaftesbury.
Vicecomes Hallyfax.
Arch. Cant.
Epus. Sarum.
Epus. Rochester.
Epus. Bath et Wells.
Epus. Ely.
Epus. Chichester.
Ds. Wharton.
Ds. North.
Ds. Hunsdon.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.

Their Lordships, or any Five of them; to meet To-morrow Morning, at Eight of the Clock, in the Prince's Lodgings.

To recover Debts of Executors, &c. Bill.

Next, the Amendments made by the House of Commons in the Bill to enable Creditors to recover their Debts of the Executors and Administrators of the Executors in their own Wrong, were read Twice, and Agreed to.

ORDERED, That the Bill to make good a Mortgage by John Forth be read the Second Time To-morrow Morning.

Lawrence versus Berney.

The Counsel in the Cause between Thomas Laurance and John Berney, upon Petition and Appeal, were in Part heard; and it is ORDERED, That they shall have a final Hearing on Thursday next, in the Afternoon.

ORDERED, That the Cause between Nathaniell Reading, against Cooke and others, shall be heard on Thursday next, in the Afternoon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 10um diem instantis Julii, hora nona Aurora, Dominis sic decernentibus.