House of Lords Journal Volume 12: 6 December 1670

DIE Martis, 6 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

PRAYERS.

The Earl of Aylsbury, the Bishop of Sarum, and the Lord Townsend, are added to the Committee for the Lord Norris's Bill.

The Earl of Strafford is added to the Committee for the Bill concerning Wool.

L. Byron versus Sir W. Juxon, Privilege.

The House resumed the Debate concerning what was said Yesterday, by the Counsel of the Lord Byron and Sir William Juxon, touching the Possession of the Tenths, Tithes, and Profits, of the Rectory and Parsonage of Rochdale, and Chapels of Saddleworth and Butterworth, in the Counties of Yorke and Lancaster.

And, after a long Debate,

The Question being put, "Whether the Lord Byron's Privilege is broken, by the Proceedings of Sir William Juxon and his Agents, concerning the Tithes of Rochdale, &c. since February last?"

It was Resolved in the Affirmative.

(fn. 1) Nota, That notwithstanding this Leave obtained, no Lords did subscribe their Names.

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

L. Byron restored to the Possession of the Tithes of Rochdale, &c.

Upon hearing of Counsel, it is ORDERED, That the Lord Byron be restored to, and continued in Possession of, the Tenths, Tithes, and Profits, of Rochdale, Saddleworth, and Butterworth, during this Session of Parliament; and that all Suits, Proceedings, Judgements, and Executions, thereupon prosecuted and obtained, since February last, contrary to the Privilege of Parliament, be set aside.

Bill for Enrolment of Deeds to be brought in.

Lords Committees appointed to consider of the Act of Enrolments, and to prepare a Bill, That henceforth no Estates shall be transferred from Person to Person but such Conveyances shall be enrolled, so as all Purchasers or Persons concerned may have Resort thereunto, and be ascertained of the Title of any Estates so transferred and enrolled, for Prevention of all Frauds and Deceits; and present the said Bill to this House:

Their Lordships, or any Five or more of them; to meet To-morrow Morning, at Nine of the Clock, in the Prince's Lodgings; and have Power to call to their (fn. 2) Assistance what Judges they shall think fit, and to adjourn from Time to Time, as they shall see Cause.

The Earl of St. Albans and the Lord Windsor are added to the Committee for the Bill for improving Navigation in Boston River.

The Earl of North'ton, Earl of Clare, and Earl of Strafford, are added to the Committee for the Bill concerning the Lord Norris.

The Lord Langdale is added to the Committee for Privileges.

Sir T. Hook & al. and Pool & al. Bill.

Hodie 2^a vice lecta est Billa, "An Act for settling an Agreement between Sir William Smith, Sir Thomas Hooke Baronet, and German Poole, and others."

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

Their Lordships, or any Five; to meet on Thursday next, at Three of the Clock in the Afternoon, in the Prince's Lodgings.

Knight's Bill.

Hodie 2^a vice lecta est Billa, "An Act for settling the Manor of Portswood, and other Lands, late of John Knight Gentleman, in the County, and Town and County, of South'ton, in John Parker, Serjeant at Law, and William Blenerhasset, of London, Gentleman, to be sold, for Payment of Debts."

ORDERED, That the Consideration of this Bill is committed to the same Committee as Sir William Smithe's Bill is.

Hall's Bill.

ORDERED, That Benedict Hall's Bill be read the Second Time To-morrow Morning.

Walley versus Cutler.

Upon Report made by the Earl of Dorsett, from the Lords Committees appointed to receive and consider of Petitions, "That, having considered of the Petition of "Robert Walley of London Brewer, and William Cutler Junior Gentleman, and the Answer of William Cutler Senior, put in thereunto; and having heard Counsel thereupon, they find the said Petition fit to be retained:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel shall be heard, on both Parts, at the Bar of this House, upon the said Petition and Answer, on Thursday the Fifteenth Day of December Instant, at Ten of the Clock in the Forenoon, whereof timely Notice is to be given by the Petitioner to the said Defendant.

E. Westmoreland, Privilege, versus L. Holles, concerning the Manor of Aldenham, &c.

Upon Report made by the Earl of Berks, from the Lords Committees for Privileges, "That they having examined the Complaint of the Earl of Westm'land (referred to them by this House), of a Breach of his Privilege, by his being dispossessed of the Manor of Aldenham, and the Lands thereto belonging, in the County of Hertford, in November last sitting the Parliament), and having perused the Answer of the Lord Holles put in unto the said Complaint, their Lordships, finding Difficulty in the Case, are of Opinion, That it should be heard at the Bar:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel on both Parts shall be heard, at the Bar of this House, concerning the said Breach of Privilege complained of, on Monday next, being the Twelfth Day of December Instant, at Ten of the Clock in the Forenoon.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 7^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.