House of Lords Journal Volume 12
26 March 1670

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1767-1830

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'House of Lords Journal Volume 12: 26 March 1670', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 325-328. URL: http://www.british-history.ac.uk/report.aspx?compid=12665 Date accessed: 23 July 2014.


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DIE Sabbati, 26 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Ely.
Epus. Gloucester.
Epus. Sarum.
Epus. Petriburgh.
Epus. Oxon.
Epus. Bangor.
Epus. Landaffe.
Epus. Lyncolne.
Epus. Chester.
Epus. Chichester.
Epus. St. Asaph.
Dux Bucks.
Dux Richmond.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Edwardus Comes Manchester, Camerarius Hospitii Domini Regis.
Comes Oxon.
Comes Rutland.
Comes Dorsett.
Comes Sarum.
Comes Exon.
Comes Bridgwater.
Comes Denbigh.
Comes Bristoll.
Comes Clare.
Comes Bolingbrooke.
Comes Westm'land.
Comes Berks.
Comes Mulgrave.
Comes Dover.
Comes Petriburgh.
Comes Winchilsea.
Comes Norwich.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Cardigan.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Burlington.
Vicecomes Say & Seale.
Vicecomes Mordant.
Vicecomes Hallyfax.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Awdley.
Ds. Delawarr.
Ds. Berkley de Berkley.
Ds. Sandys.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby.
Ds. North.
Ds. Chandos.
Ds. Petre.
Ds. Arundell de Warder.
Ds. Mountagu.
Ds. Lovelace.
Ds. Coventry.
Ds. Howard.
Ds. Powis.
Ds. Newport.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Carington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brandon.
Ds. Crofts.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Townsend.
Ds. Ashley.
Ds. Crewe.
Ds. Freschevile.
Ds. Arundell de Trerice.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker this Day, in the Absence of the Lord Keeper, being not well.

Bill to prevent stealing Children, &c.

Hodie 1a vice lecta est Billa, "An Act to prevent stealing and transporting Children and other Persons."

Gunman & al. Nat. Bill.

The Earl of Dorsett reported the Bill for Naturalization of Captain Christopher Gunman and others, as fit to pass, with some Amendments and Alterations, and the Addition of Five Persons.

Which Amendments, Alterations, and Addition, being read Twice, were Agreed to.

Hodie 3a vice lecta est Billa, "An Act for Naturalization of Captain Christopher Gunman and others."

The Question being put, "Whether this Bill, with the Amendments, Alterations, and Additions now read, shall pass?"

It was Resolved in the Affirmative.

Shadwell Church Bill.

Hodie 1a vice lecta est Billa, "An Act for Endowment of a Church at Shadwell, now in the Parish of Stepney, in Midd. and making of it Parochial, distinct from Stepney."

Message from H. C. with Bills.

A Message was brought from the House of Commons, by Sir Thomas Gower and others; who brought up Two Bills, to which their Lordships Concurrence is desired:

1. "An Act to revive a former Act for returning able Jurors."

2. "An additional Act for the better repairing of Highways and Bridges."

Bill against Conventicles.

The Earl of Bridgwater reported, "That the Committee of the whole House have considered the Bill to prevent and suppress seditious Conventicles, wherein the Committee have thought fit to make some Amendments and Alterations, and added some Provisos, which are offered to the Consideration of the House."

The said Amendments, Alterations, and Provisos, being read Twice, were Agreed to.

And, upon Debate of a Clause in the Bill,

The Question being put, "Whether the Clause concerning putting the Penalty of One Hundred Pounds upon the Justices of the Peace shall stand in the Bill?"

It was Resolved in the Affirmative.

Protest against a Clause in it.

"I having given my Vote against this Clause, I take Leave to enter my Dissent.

"Berkeley of Berkeley."

Bill against Conventicles.

Hodie 3a vice lecta est Billa, "An Act to prevent and suppress seditious Conventicles."

The Question being put, "Whether this Bill, with the Amendments, Alterations, and Provisos, now read, shall pass?"

It was Resolved in the Affirmative.

Protest against it.

Memorandum, That, before the putting the abovesaid Question, these Lords following desired Leave of the House to enter their Dissents, if the Question was carried in the Affirmative; and accordingly they enter their Dissents, by subscribing their Names:

"E. Manchester.
Basill Denbigh.
Essex.
Clare.
Anglesey.
Dover.
P. Wharton.
W. Willoughby.
Delamer.
Halifax.
Say & Seale.
Geo. Eure.
Ed. Howard.
J. Lucas.
Holles.
H. Sandys.
Edw. Mountagu."

Message to H. C. to return Bills.

A Message was sent to the House of Commons, by Sir Justinian Lewin and Mr. Halsey:

To let them know, that whereas this House hath received several Bills from them, upon Consideration whereof their Lordships have made Amendments, Alterations, and added Provisos to the several and respective Bills, they do now return the same, wherein the Concurrence of the House of Commons is desired to the said Amendments and Alterations.

The Titles of the said Bills follow:

1. A Bill to suppress seditious Conventicles.

2. A Bill for making navigable the Rivers of Brandon and Waveney.

3. The Bill for Naturalization of Captain Christopher Gunman and others.

Also to let them know, that this House agrees to the Bill concerning Sir William Gostwicke.

Bill for a Treaty for a Union.

The Lord Great Chamberlain reported, "That the Committee have considered the Bill authorizing certain Commissioners of the Realm of England to treat with Commissioners of Scotland for the Weal of both Kingdoms, and do think it fit to pass, with some small Amendments."

Which, being read Twice, were Agreed to; and ordered the Bill to be engrossed, with the said Amendments.

L. Roos's Bill.

ORDERED, That the Lord Roos his Bill shall be read the Third Time on Monday Morning next, the First Business.

L. Holles Privilege.--- Symball discharged.

Whereas Isaac Symball, now in the Custody of the Serjeant at Arms attending this House, or his Deputy, for assaulting and beating Hugh Bowring, menial Servant to the Lord Holles, a Peer of this Realm, and taking from him his Lordship's Horse, and impounding him, so that the Lord Holles was constrained to replevy his Horse, sitting this Parliament, contrary to the Privilege of Parliament, hath submitted himself to the Lord Holles, and acknowledged his Offence, and prayed his Lordship's Pardon, and Intercession for him:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled (at the special Motion of the Lord Holles on that Behalf), That the said Isaac Symball be, and is hereby, discharged of his present Restraint for his said Offence, paying his Fees: And this shall be a sufficient Warrant on that Behalf.

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quarta, Dominis sic decernentibus.

DIE Sabbati, 26 die Martii, post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Petriburgh.
Epus. Lyncolne.
Epus. Chichester.
Epus. St. Asaph.
Comes Rutland.
Comes Dorsett.
Comes Bridgwater.
Comes Denbigh.
Comes Bolingbrooke.
Comes Dover.
Comes Petriburgh.
Comes Winchilsea.
Comes Sandwich.
Comes Anglesey.
Comes Carlile.
Comes Craven.
Vicecomes Say & Seale.
Ds. Berkley de Berkley.
Ds. Sandys.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby.
Ds. North.
Ds. Petre.
Ds. Powis.
Ds. Newport.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Branddon.
Ds. Cornwallis.
Ds. Delamer.
Ds. Ashley.
Ds. Freschevile.
Ds. Arundell de Treric.

PRAYERS.

The Lord Chief Justice of, the Court of Common Pleas sat Speaker this Afternoon, in the Absence of the Lord Keeper.

Bill against stealing Children, &c.

Hodie 2a vice lecta est Billa, "An Act to prevent the stealing and transporting Children and other Persons."

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

Comes Dorsett.
Comes Bridgwater.
Comes Bolingbrooke.
Comes Dover.
Comes Anglesey.
Comes Winchilsea.
Comes Craven.
Epus. Durham.
Epus. Petriburgh.
Epus. Lyncolne.
Epus. Chester.
Ds. Sandys.
Ds. Eure.
Ds. Willoughby.
Ds. North.
Ds. Petre.
Ds. Powis.
Ds. Byron.
Ds. Gerard.
Ds. Bellasis.
Ds. Cornwallis.
Ds. Arundell de Trerice.

Any Five; to meet on Monday Morning next, at Eight of the Clock, in the Prince's Lodgings.

Trials for Inheritances, Bills of Midd. Latitats, &c.

The Earl of Dorsett reported from the Committee appointed to consider of the usual Way of Trials now practised for Inheritances more than was in former Times, with the new Rules settled by the Judges for such Trials, which obtain the Force of Acts of Parliament; and also to consider of the usual Practice upon Bills of Middlesex and Latitats, and how the Subject appears to be aggrieved in either of them; as also to consider of the Statute made in 13 Car. 11di: "That their Lordships, having called to their Assistance some of the Judges of either Court, of King's Bench and Common Pleas, do find, that the Manner of Proceeding now in Use upon Actions of Ejectment was begun in the Time of the late Troubles, and hath been since generally followed by the Judges, and is a dangerous Precedent, whereby the Judges in future Times may be, upon Occasion, induced to change the Law without Act of Parliament; and that the Addition of the Words Ac etiam, &c. to the Bills of Middlesex, is a Thing newly introduced into the Court of King's Bench, and may tend to the defeating, or at least in some Measure evading, the said Act of 13° Car. 11di, provided for Prevention of Vexations and Oppression by Arrests, and of Delays in Suits of Law, as in the said Act is at large expressed: And this their Lordships have commanded him to present to their Consideration, and desire to know the further Pleasure of the House therein."

The Resolution of the Lords hereupon follows in the next Leaf (fn. *) .

The Earl of Carlile, Bishop of Lyncolne, and Bishop of Chichester, the Lord North, Lord Powis, Lord Vaughan, Lord Lucas, and the Lord Ashley, are added to the Committee concerning the Proceedings at Law upon Bills of Midd. and Latitats.

Bill for a Treaty for a Union.

Hodie 3a vice lecta est Billa, "An Act authorizing certain Commissioners of the Realm of England to treat with Commissioners of Scotland, for the Weal of both Kingdoms."

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

It was Resolved in the Affirmative.

Hotchkin's Bill.

The Earl of Dorsett reported the Bill concerning Robert Hotchkins, as fit to pass, without Alteration or Amendment.

Therefore it is ORDERED, That the said Bill be engrossed.

Leigh's Bill.

Hodie 1a vice lecta est Billa, "An Act for enabling Thomas Leigh Esquire to sell Part of his Lands, for Payment of Debts."

Tillage, &c. Bill.

Hodie 3a vice lecta est Billa, "An Act for Improvement of Tillage, and Breeding of Cattle."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have passed it;--and with the Bill concerning a Union.

A Message was sent to the House of Commons, by Sir Justinian Lewyn and Mr. Halsey:

To deliver to them the Bill concerning appointing Commissioners to treat about the Weal of England and Scotland, and to desire Concurrence thereunto.

Also to let them know, that the Lords have passed the Bill for improving of Tillage, and Breeding of Cattle.

Additional Act for rebuilding London.

Hodie 1a vice lecta est Billa, "An additional Act for the re-building of the City of London, uniting of Parishes, and re-building of the Cathedral and Parochial Churches within the said City."

Heron's Bill.

Hodie 3a vice lecta est Billa, "An Act for Sale of Lands, to pay the Debts, and raise Portions for the Younger Children, of Sir Cutbert Heron Baronet."

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

It was Resolved in the Affirmative.

Corn and Sale Measures Bill.

Hodie 2a vice lecta est Billa, "An Act for ascertaining the Measures of Corn and Salt."

ORDERED, That the Consideration of this Bill is committed to those Lords Committees as the Bill against transporting of Children is.

Jurors Bill.

Hodie 1a vice lecta est Billa, "An Act to revive a former Act for returning able Jurors."

Sale of Fee Farm Rents Bill.

ORDERED, That the Committee for the Bill for advancing the Sale of Fee Farm Rents do meet on Monday Morning, (fn. *) at Eight of the Clock.

Shadwell Church Bill.

Hodie 2a vice lecta est Billa, "An Act for Endowment of a Church at Shadwell, now in the Parish of Stepney, in Midd, and making of it Parochial, distinct from Stepney."

ORDERED, That the Consideration of this Bill is committed to the same Committee as the Bill against Transportation of Children is.

Sir T Vaux versus Sir J. Colladon.

ORDERED, That Doctor Colladon's Answer to Sir Theodore de Vaux' Petition be read on Tuesday Morning next.

Ridgereleased.

Whereas Robert Ridge, of the City of Chester, Vintner, now in the Custody of the Serjeant at Arms attending this House, or his Deputy, for sueing and arresting of William Hyde, menial Servant to the Earl Rivers, a Peer of this Realm, within Time of Privilege, and speaking contemptuous Words against the Protection of the said Earl Rivers, contrary to the Privilege of Parliament, was this Day brought to the Bar, where he acknowledged his Sorrow for his said Offence, and begged Pardon for the same, and thereupon received the Reprehension of the House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Ridge shall make his Submission to the Earl Rivers, and is hereby discharged from any further Restraint for his said Offence, paying his Fees: And this shall be a sufficient Warrant on that Behalf.

E. of Derby Privilege.--Mosse, &c. released.

Upon reading the humble Petition of John Mosse, Mary Gorsuch, and William Ellinson, now in the Custody of the Serjeant at Arms attending this House, or his Deputy, for sueing and arresting James Haughton, menial Servant to the Earl of Derby, a Peer of this Realm, within the Time of Privilege, contrary to the Privilege of Parliament, wherein they alledge their Ignorance of his Lordship's Privilege, to whose Pleasure they have wholly referred themselves, and express their hearty Sorrow for their said Offence, and pray the Pardon of this House:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Mosse, Mary Gorsuch, and William Ellinson, be, and are hereby, discharged from any further Restraint for their said Offence, paying their Fees; and this shall be a sufficient Warrant on that Behalf.

Trials for Inheritances, Bills of Midd. &c.

Upon Report made by the Earl of Dorsett, from the Committee appointed to consider of the usual Way of Trials now practised for Inheritances more than was in former Times, with the new Rules settled by the Judges for such Trials which obtain the Force of Acts of Parliament, "That the said Proceedings are not safe, and that the Addition of the Words Ac etiam, &c. to the Bills of Midd. is a Thing newly introduced, &c."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this Business be re-committed to the further Consideration of the said Committee, who are to examine the State of the Proceedings of the Courts of King's Bench and Common Pleas, and the Practice which hath been of late; and that the Lord Chief Baron of the Court of Exchequer do assist their Lordships; and that Mr. Livesey Secondary of the Court of King's Bench, and Mr. Lockhart, Mr. Worrall, and Mr. Robinson, Prothonotaries of the Court of Common Pleas, do attend their Lordships, to give a true Information of the Custom and Proceedings in those Courts upon Bills of Midd. and Latitats, on Tuesday next, at Three of the Clock in the Afternoon, in the Prince's Lodgings.

Barker and Pearle versus Gerrard.

Upon Report made by the Earl of Dorsett, from the Lords Committees appointed to receive and consider of Petitions, upon the Petition and Appeal of William Barker Esquire, and Thomas Pearle, from a Decree made in the Court of Chancery, in which Sir Gilb't Gerrard (lately deceased), Executor to the Lady Moulsome, was Defendant, "That the said Cause may be heard at this Bar:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel shall be heard, at the Bar of this House, for the said William Barker and Richard Pearle, as also for Sir Francis Gerard Executor of the said Sir Gilbert Gerrard, on the First Thursday of the Sitting of this House next after Easter, at Ten of the Clock in the Forenoon.

Dean and Dodson versus Barker, in Error.

Whereas, upon a Writ of Error depending in this House, concerning a Judgement given in the Court of King's Bench, for and on the Behalf of William Barker Esquire, Plaintiff in that Court, and Joseph Deane of Westm. Esquire, and William Dodson of Westm. Defendants, and the Transcript of the Record of the said Judgement, the said Joseph Deane and William Dodson, Plaintiffs in the said Writ, have assigned Errors, and Issue is by the said William Barker joined thereupon:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel on both Parts shall be heard, at the Bar of this House, to argue the said Errors, on Wednesday next, being the Thirtieth Day of this Instant March, at Ten of the Clock in the Forenoon.

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 28um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.

Footnotes

* In the next Page. It is on the next Leaf in the Original.
* Bis in Originali.