House of Lords Journal Volume 12: 17 December 1670

DIE Sabbati, 17 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

PRAYERS.

This Day the Lord Chief Justice of the Court of Common Pleas sat Speaker, the Lord Keeper not being well.

Lord Norris's Bill.

Hodie 3^a vice lecta est Billa, "An Act to enable the making Conveyances of Part of the Estate of James Lord Norreys, during his Minority."

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

It was Resolved in the Affirmative.

Message to H. C. with it; and the Boston and Trent Navigation Bill.

A Message was sent to the House of Commons, by Sir Mundiford Brampston and Sir William Glascock, which consisted of these Particulars:

1. To return the Bill for improving Navigation in the River of Boston, and desire Concurrence in the Amendments made by this House therein.

2. To deliver the Bill to enable the making Conveyances of Part of the Estate of James Lord Norreys during his Minority, and to desire Concurrence thereunto.

Courtney's Bill.

The Earl of Bridgwater reported, "That the Committee have considered the Bill to enable Francis Courtney Esquire to join with Sir William Courtncy his Father, in a Conveyance for settling their Estate; and, having heard all Parties concerned, and received their Consents to the passing of this Bill, and examined the Dates of the Deeds of Settlement with the Originals, and finding them agree, their Lordships are of Opinion, in regard the Bill is for settling and not selling an Estate, that the said Bill is fit to pass as it is, without any Amendment."

Hodie 3^a vice lecta est Billa, "An Act to enable Francis Courtncy Esquire to join with Sir William Courtncy his Father, in a Conveyance for settling their Estate."

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

It was Resolved in the Affirmative.

Bill to prevent Arrests of Judgement.

The Earl of Anglesey reported, "That the Committee have considered the Bill for preventing Arrests in Judgements, and do think it sit to pass, with some Amendments."

Which, being read Twice, were Agreed to.

Hodie 3^a vice lecta est Billa, "An Act for Continuance of a former Act to prevent Arrests of Judgements, and superseding Executions."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

To return the Bill for preventing Arrests of Judgements, &c. and to desire their Concurrence thereunto.

Brisco to be brought to the Bar.

ORDERED, That Walcott Brisco shall be brought to the Bar of this House on Tuesday Morning next.

Greene versus Cole, in Error.

ORDERED, That Errors in the Writ of Error between Greene and Cole, and also the Errors between Noell and Nelson shall be argued, by Counsel, at the Bar of this House, on Monday Morning next.

Pitt & al. versus Pelham & al.

Upon hearing of Counsel at the Bar of this House, upon the Petition of Robert Pitt, of Blandford Forum, in the County of Dorsett, Gentleman; William Major, of London, Mercer; Jonadab Savage, of Blockworth, in the said County of Dorset, Gentleman; Roger Higham, of Shapwick, in the said County of Dorsett, Gentleman; and Richard Harris, of the City of Winchester, Esquire; being an Appeal from a Dismission of their Bill in Chancery on the Fourth Day of July last past, concerning certain Lands in Blandford, of William Sherley, late of Shapwick, in the said County of Dorsett, Clerk, deceased; as also upon the Answer of Robert Pelham Esquire and Mary his Wife, and John Still Esquire and Mabell his Wife, to the said Petition:

After due Consideration, upon the Debate had by this House, of what was offered on either Part thereupon;

The Question being put, "Whether the Petitioners ought to be relieved upon their Petition?"

It was Resolved in the Affirmative.

Judgement reversed.

The Question being put, "Whether the Lord Keeper be directed, from this House, to lay aside the Dismission of the Bill in Chancery; and to order in Chancery, that the Heir at Law of Sherley the Testator be ordered by that Court to sell the Land, and distribute the Money according to the Direction of the Will?"

It was Resolved in the Affirmative.

Protest against it.

Memorandum, That, before the putting of the abovesaid Questions, I desired Leave to enter my Dissent and Protestation, if the Questions were carried in the Affirmative; which being granted, I do accordingly enter my Dissent, and Protestation, as followeth:

That the Will, as to the Appointment of the Sale of the Lands in Question, being void in Law, there is no Equity to compel the Heir to sell the Lands in Question to his own Disherison; and if it should be otherwise, it would be of a dangerous Consequence; for then the Lord Keeper might, by the same Reason, make good all void Wills and other Assurances.

"Ashley."

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 19^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.