House of Lords Journal Volume 12
9 April 1670

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1767-1830

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'House of Lords Journal Volume 12: 9 April 1670', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 345-347. URL: http://www.british-history.ac.uk/report.aspx?compid=12676 Date accessed: 22 July 2014.


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DIE Sabbati, 9 die Aprilis

Domini tam Spirituales quam Temporales præsentes fuerunt

His Royal Highness the Duke of Yorke
Arch Cant
Arch Eborac
Epus London
Epus Durham
Epus Ely
Epus Sarum
Epus Petriburgh
Epus Rochester
Epus Bangor
Epus Landaffe
Epus Lyncolne
Epus Exon
Epus St Asaph
Sir Orlando Bridgman, Miles et Bar Ds Custos Magni Sigilli
Marq Worcester
Robertus Comes Lyndsey, Magnus Camerarius Angliæ
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis
Edwardus Comes Manchester, Camerarius Hospitii Domini Regis
Comes Dorsett
Comes Bridgwater.
Comes Devon
Comes Clare
Comes Bolingbrooke
Comes Berks
Comes Dover
Comes Scarsdale
Comes St Albans
Comes Essex
Comes Anglesey
Comes Bath
Comes Carlile
Comes Burlington
Vicecomes Hallyfax
Ds Arlington, One of the Principal Secretaries of State
Ds Delawarr
Ds Berkley de Berkley.
Ds Eure
Ds Wharton
Ds Willoughby
Ds Chandos
Ds Arundell de Warder
Ds Grey
Ds Howard de Esc.
Ds Powis
Ds Newport
Ds Hatton
Ds Vaughan
Ds Carrington
Ds Ward
Ds Lucas
Ds Cornwallis
Ds Townsend
Ds Ashley
Ds Arundell de Treric
Ds Butler

PRAYERS

Message to H C to return a Bill, and that the Lords agree to the following

A Message was sent to the House of Commons, by Sir William Glascoke and Sir John Coel

1 To return them the Bill concerning the Dutchy of Cornwall, with Amendments made by their Lordships, and to desire the Concurrence of the House of Commons therein

2 To acquaint them, that this House agrees,

1 To the Amendments and Proviso in the Bill concerning the Union between England and Scotland

2 To the Amendments to Stroude's Bill

3 To the Bill concerning Thomas Davison

Merchants Ships Bill

The Earl of Bridgwater reported, "That the Com mittee have considered the Bill to prevent the Delivery-up of Merchants Ships, &c and have made some Amendments therein, and also think fit to leave out the Clause concerning the King's Ships carrying Goods"

The said Amendments were read Twice, and Agreed to; and the House also agreed with the Opinion of the Committee for leaving out the said Clause.

Hodie 3a vice lecta est Billa, "An Act to prevent the Delivery-up of Merchants Ships, and for the Increase of good and serviceable Shipping."

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

It was Resolved in the Affirmative.

Message from H. C. with a Bill, and to remind the Lords of Two more.

A Message was brought from the House of Commons, by Mr. Birch and others; who brought up a Bill, intituled, "An Act to prevent the Importation of Foreign Brandy, and to give a Recompence to His Majesty for His Duty thereupon;" to which they desire their Lordships Concurrence.

Also to put their Lordships in Mind of the Bill concerning Jurors, and the Bill against transporting of Children and other Persons.

Conference about Merchants Ships Bill.

ORDERED, That this House will have a Conference with the House of Commons this Afternoon, concerning the leaving out of the Clause concerning His Majesty's Ships, in the Bill to prevent the Delivery-up of Merchants Ships, &c.

Message to H. C. that the Lords sit P. M.

A Message was sent to the House of Commons, by Sir William Glascock and Sir John Coell:

To acquaint them, that this House intends to sit this Afternoon.

Additional Bill for rebuilding London:

A Message was brought from the House of Commons, by Mr. Steward and others; who returned the Bill for rebuilding the City of London; and they do agree to all the Amendments made by their Lordships, excepting to the Proviso concerning Serjeants Inne in Flee'streete, wherein they have made an Amendment, and desire their Lordships Concurrence therein.

Which said Amendment, being read Thrice, was Agreed to.

A Message was sent to the House of Commons, by Sir William Glascock and Sir John Coel:

To let them know, that this House agrees with them in the Amendment in the Proviso concerning Serjeants Inne, in the Bill for rebuilding London.

E. of Strafford versus Wayndesford.

ORDERED, That the Cause now depending in this House, upon the Petition and Appeal of the Earl of Strafford from a Decree made in the Court of Chancery on the Eighth Day of June last, in Two Causes wherein William Wayndesford was Plaintiff against the said Earl, as also upon the Answer of the said William Wayndesford thereunto, and the Replication of the said Earl this Day put in to the said Answer, shall be heard, by Counsel on both Sides, at the Bar of this House, on the First Saturday of the Sitting of the Parliament next after the Recess now at Hand.

Morris versus Dove.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause now depending in this House, upon the Petition and Appeal of John Morris and Robert Clayton, from some Proceedings in the Court of Chancery, and also upon the Answer of Thomas Dove, Executor to John Dove, deceased, put in thereunto, having been heard in Part, shall be further heard, at the Bar of this House, by Counsel on both Sides, upon the same Proofs and Evidence which were taken in the said Cause in the Court of Chancery upon which the First Decree was grounded, mentioned in the said Petition and Appeal, on the Second Thursday of the next Sitting of the Parliament after the Recess now at Hand, if the Petitioners shall think fit to proceed thereupon.

Bill to prevent Importation of Brandy.

Hodie 1a vice lecta est Billa, "An Act to prevent the Importation of Foreign Brandy, and to give a Recompence to His Majesty for His Duty thereupon."

Poor of London, for Discovery of Frauds in Distribution of Charities Bill.

Hodie 1a vice lecta est Billa, "An Act for Discovery of such as have defrauded the Poor of the City of London of the Monies given for their Relief at the Times of the late Plague and Fire, and for Recovery of the Arrears thereof."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quarta, Dominis sic decernentibus.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. London.
Epus. Petriburgh.
Epus. Sarum.
Epus. Carlile.
Epus. Rochester.
Epus. St. Asaph.
Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Comes Dorsett.
Comes Bridgwater.
Comes Berks.
Comes Dover.
Comes Scarsdale.
Comes Anglesey.
Vicecomes Hallyfax.
Ds. Delawarr.
Ds. Eure.
Ds. Wharton.
Ds. Chandos.
Ds. Newport.
Ds. Byron.
Ds. Ward.
Ds. Lucas.
Ds. Cornwallis.
Ds. Ashley.
Ds. Freschevile.
Ds. Arundell de Treric.

PRAYERS.

Bill to prevent the Importation of Brandy.

Hodie 2a vice lecta est Billa, "An Act to prevent the Importation of Foreign Brandy, and to give a Recompence to His Majesty for His Duty thereupon."

Distillers Petition against it.

A Petition of the Company of Distillers of London, was presented, and read; desiring they might be heard, before the passing the aforesaid Bill.

Thereupon the following Order was made:

"Upon the Second Reading of a Bill, intituled, An Act to prevent the Importation of Foreign Brandy, and to give a Recompence to His Majesty for His Duty thereupon; as also the Petition of the Company of Distillers of London against the said Bill: It is ORDERED, That Counsel shall be heard, at the Bar, upon the said Bill and Petition, on Monday next, at Nine of the Clock in the Forenoon."

Message to H. C. for a Conference on the Merchants Ships Bill.

A Message was sent to the House of Commons, by Sir William Glascock and Sir John Coell:

To desire a present Conference, in the Painted Chamber, concerning the Bill for preventing the Delivery-up of Merchants Ships, &c.

These Lords following were appointed Managers of this intended Conference:

Comes Bridgwater.
Comes Anglesey.
Vicecomes Hallyfax.
Epus. Sarum.
Epus. Rochester.
Ds. Ashley.

Message from thence, with the Dutchy of Cornwall Bill, and to remind the Lords of the following one.

A Message was brought from the House of Commons, by Sir Charles Harboard and others:

To return the Bill concerning the Dutchy of Cornwall, sent from their Lordships with an Amendment, to which the Commons do agree.

Also to mind their Lordships of the Bill for Discovery of the defrauding the Poor of London of the Monies collected upon Occasion of the Plague and Fire, &c.

Poor of London, for Discovery of Frauds in Distribution of Charities Bill.

Hodie 2a vice lecta est Billa, "An Act for Discovery of such as have defrauded the Poor of the City of London of the Monies given for their Relief at the Times of the late Plague and Fire, and for Recovery of the Arrears thereof."

Prettyman's Bill.

The Earl of Bridgwater made Report of the Bill for Sale of Part of Sir John Prettyman's Estate, for Satisfaction of a Debt due to His Majesty, wherein the Committee have made some Amendments and Alterations.

Which being read Twice and debated, it is ORDERED, That the further Debate of this Business is adjourned until Monday Morning next.

L. Lovelace versus Thorowgood, concerning Lands in Bedd. Privilege.

Upon reading the Petition of the Lord Lovelace; shewing, "That he and the Purchasers under him, having the Possession of several Lands in Bedfordshire conveyed to him by the late Earl of Cleveland, for the Payment of his Wife's Portion, one William Thorowgood, by virtue of a precedent Mortgage upon the said Lands, hath proceeded at Law, in order to take out Execution upon a Verdict obtained against the Tenants of the said Lord Lovelace, contrary to the Privilege claimed by the Petitioner:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Thorowgood is hereby appointed to put in an Answer to the said Petition in Writing, on the Second Day of the next Sitting of the Parliament after the Recess now at Hand.

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

Upon Report made by the Earl of Dorsett, from the Lords Committees 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 to examine whether any Grievance appears therein to the Subject; and also to consider of the usual Practice upon Bills of Middlesex and Latitats, and how the Subject appears to be grieved thereby, as also to consider of the Statute made in Anno 13° Caroli IIdi, intituled, "An Act for preventing of Vexations and Oppressions by Arrests, and of Delays in Suits of Law," what their Lordships think fit to be done thereupon:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Dorsett, Earl of Bridgwater, Earl of Anglesey, Vicecomes Hallyfax, Lord Newport, Lord Lucas, Lord Cornwallis, Lord Ashley, and Lord Arrundell of Treric. be, and they or any Three or more of them are hereby, authorized to call to their Assistance the Barons of His Majesty's Court of Exchequer, and to consider of some Course for settling all Matters in Difference touching the Proceedings in other Courts, and provide for the Ease and Benefit of the Subject, so that the Statute made in Anno 13° Car. IIdi be not eluded, and all Innovations not warranted by Act of Parliament may be truly stated, and such Remedies as shall be thought fit prepared in a Readiness to be reported to this House at the next Sitting of the Parliament after the Recess now at Hand.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 11um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.