House of Lords Journal Volume 12: 25 November 1667

DIE Lunæ, 25 die Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp. of St. Asaph, Leave to be absent.

The House being made acquainted, "That the Bishop of St. Asaph, having Occasion of Business in the Country, hath obtained His Majesty's Leave, and desires the Leave of this House for his Absence, intending to leave his Proxy:"

This House granted his Desire.

Message to H. C. that the Lords will not commit the E. of Clarendon on a general Charge:

A Message was sent to the House of Commons, by the Lord Chief Baron of the Exchequer and Justice Tyrrill:

To acquaint them, that, upon the Precedents and Reasons of the House of Commons, and the whole Debate thereupon, the Lords are not satisfied to comply with the Desires of the House of Commons, for sequestering from this House and committing the Earl of Clarendon, without any particular Treason assigned or specified.

Not delivered.

The Judges returned presently, and gave this Account: "That, being upon going to the House of Commons to deliver their Lordships Message, they had Directions to come back without delivering the same."

Message from thence, for a Conference about it.

A Message was brought from the House of Commons, by Sir Robert Howard and others:

That the House of Commons having sent up Reasons to satisfy their Lordships to agree with them in their Desires concerning the Earl of Clarendon; and their Lordships, being not satisfied with those Reasons, did desire a Conference with the House of Commons thereupon on Thursday last; the Commons are now ready to give a Conference thereupon at their Lordships Pleasure.

Answer.

The Answer returned was:

That this House have considered of their Message, and do appoint a present Conference, in the Painted Chamber.

Conference about the E. of Clarendon.

These Lords following were appointed to manage this Conference, and to deliver to the House of Commons the Resolve of this House of the 20th of this Instant November:

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

And the Lord Chamberlain reported to the House; That the Lords that were appointed to manage the Conference had, according to their Lordships Directions, delivered the Resolve of this House, of the 20th of this Instant November, to the House of Commons."

Pettit versus Hyde. (fn. 1) Vide the Order of 6 Decem'r 1667, for the Alterations.

Upon hearing of Counsel on both Parts this Day, at the Bar of this House, upon the Petition of Henry Pettit, Administrator of Thomas Freeman, late of London, Merchant, deceased, against Laurance Hyde, complaining of the hard Measure he the said Petitioner hath, by a Decree made in the Court of Chancery in the Year One Thousand Six Hundred Sixty and One, for Eight Hundred Ninety Three Pounds, Seven Shillings, and Eight Pence, alledged to be due to the said Laurance Hyde upon an Accompt for Brimstone, which Decree is grounded upon a Certificate of Three Referees, videlicet, Mr. Reames, Mr. Elcock, and Mr. Micoe, all of the said Laurance Hyde's own Naming; it appearing to this Court, upon the Opening of the said Cause, that whereas at the First this Matter in Question being Merchants Accompts, it was referred by the Court of Chancery, with the Consent of both Parties, to Four Persons, videlicet, Mr. Rowland Elcock, Mr. William Reames, Mr. Nicholas Skynner, and Mr. Daniel Fairfax, or any Three of them, to hear and finally determine the Matters in Difference between the said Parties; but, if they the said Referees could not determine the same, then to certify to the Court of Chancery, how they found the same; who certifying Two and Two apart, the Court of Chancery could ground no Order thereon; and therefore, in appointing a Fifth Referee, named Mr. Micoc, a Person formerly excepted against by the Petitioner Pettit; whereupon, it being in the Power of any Three to certify, the Two Referees formerly named by the Defendant Laurance Hyde, and Mr. Micoe, certified without any of the Petitioner Pettit's Referees joining with them; upon which Certificate the Decree complained of was grounded, whereupon the Estate of the Petitioner Pettit, as well Copyhold as Freehold, was sequestered [and Laurance Hyde put into Possession thereof], and he committed Prisoner to The Fleete for not obeying the said Decree.

Upon due Consideration had of the Premises, it is ORDERED, Declared, and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree be reversed and made void, and the same is hereby reversed and made void; and that the said Henry Pettit be released and discharged of his Imprisonment; and the said Sequestration, for not obeying the said Decree, be taken off and discharged [and Henry Pettit put into such Possession thereof as he was in before the said Sequestration], for that the Cause of the said Complaint and Grievance of the Petitioner did arise from nominating the said Mr. Micoe to be a Referee: And it is hereby further ORDERED, Declared, and Adjudged; That the said Cause and Proceedings thereupon [and Possession of the Land of Henry Pettit] shall stand in Statu quo, and as they were before the Order of Nomination of the said Mr. Micoe to be a Referee; and the Lord Keeper of the Great Seal is hereby authorized and required to proceed in the said Cause accordingly : And it is hereby further ORDERED and Decreed, That in case, upon the Determination of the said Cause, a Decree shall be made on the Behalf of the said Laurance Hyde, That the Lands and Estate of the said Petitioner, which have been sequestered, shall be liable for Satisfaction thereof, as they should have been in case the said Decree hereby reversed had stood, and the Sequestration had continued: And as to the rest of the Petitioner's Complaint, their Lordships do not think fit to proceed thereupon, the Petitioner having a Remedy in an ordinary Course of Law, if there shall appear Cause of Relief.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, 26^um instantis Novembris, hora decima Aurora, Dominis sic decernentibus.