House of Lords Journal Volume 12
31 May 1675

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1767-1830

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'House of Lords Journal Volume 12: 31 May 1675', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 709-712. URL: http://www.british-history.ac.uk/report.aspx?compid=12919 Date accessed: 16 September 2014.


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DIE Lunæ, 31 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. Durham.
Epus. Winton.
Epus. Sarum.
Epus. Petriburgh.
Epus. Rochester.
Epus. Exon.
Epus. Ely.
Epus. Bristol.
Epus. Bath & Wells.
Epus. Chester.
Epus. Bangor.
Epus. Chichester.
Epus. Landaff.
Dux Cumberland.
Ds. Finch, Ds. Custos Magni Sigilli.
Ds. Thesaurarius Angliæ.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
Marq. Dorchester.
L. Great Chamberlain.
Comes Marescallus Angliæ.
L. Steward.
Comes Oxon.
Comes Bedford.
Comes Suff.
Comes Dorset.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Devon.
Comes Bollingbrooke.
Comes Mulgrave.
Comes Petriburgh.
Comes Stamford.
Comes Winchilsea.
Comes Carnarvon.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes St. Alban.
Comes Clarendon.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Ailesbury.
Comes Burlington.
Comes Shaftsbury.
Comes Powis.
Comes Guildford.
Vicecomes Mountagu.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Halyfax.
Vicecomes Yarmouth.
Ds. Awdley.
Ds. Berkley.
Ds. Stourton.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. Petre.
Ds. Arundell of Ward.
Ds. Tenham.
Ds. Grey de Wark.
Ds. Pawlet.
Ds. Maynard.
Ds. Howard Esc.
Ds. Mohun.
Ds. Hatton.
Ds. Vaughan.
Ds. Carington.
Ds. Widdrington.
Ds. Colepeper.
Ds. Astley.
Ds. Lucas.
Ds. Gerard de Brand.
Ds. Langdale.
Ds. Berkeley of Strat.
Ds. Holles.
Ds. Delamer.
Ds. Townsend.
Ds. Frechevile.
Ds. Arundell Trer.
Ds. Duras.
Ds. Grey de Roleston.

PRAYERS.

Bill concerning Lewis's Estate.

Hodie 2a vice lecta est Billa, "An Act for enabling Trustees to sell Lands, in the Counties of Glamorgan and Monmouth, for the Payment of the Debts of William Lewis Esquire deceased, and the Debts and Legacies of Edward Lewis Esquire deceased, his Son."

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

L. Privy Seal.
Marq. Dorchester.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Bollingbrooke.
Comes Stamford.
Comes Winchilsea.
Comes Clarendon.
Comes Ailesbury.
Comes Shaftsbury.
Vicecomes Conway.
Vicecomes Fauconberg.
Arch. Yorke.
Epus. Sarum.
Epus. Petriburgh.
Epus. Rochester.
Epus. Exon.
Epus. Chichester.
Epus. Landaff.
Ds. Windsor.
Ds. Wharton.
Ds. Paget.
Ds. Tenham.
Ds. Mohun.
Ds. Vaughan.
Ds. Widdrington.
Ds. Astley.
Ds. Langdale.
Ds. Berkeley Strat.
Ds. Holles.
Ds. Arundell Trer.

Their Lordships, or any Five; to meet To-morrow Morning, at Nine of the Clock, in the Prince's Lodgings.

Davies' Bill.

Hodie 2a vice lecta est Billa, "An Act enabling Trustees to sell Lands, for Payment of the Debts of Alexander Davies deceased."

ORDERED, That the Consideration of this Bill is committed to the same Committee as the Bill for (fn. *) Sir William Lewis is.

Price's Petition against it.

Upon reading the Petition of Sarah Price, desiring to be heard before the said Bill be passed:

It is ORDERED, That it is referred to the Committee of the Bill concerning Alexander Davies, to hear the said Sarah Price, what she hath to say concerning this Act, before any Report be made thereof.

Fishing Bill.

Hodie 2a vice lecta est Billa, "An Act to preserve and regulate the Fishing in several Rivers of this Kingdom."

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

Dux Cumberland.
L. Privy Seal.
Dux Albemarle.
Marq. Dorchester.
L. Great Chamberlain.
Comes Marshal.
L. Steward.
Comes Suffolke.
Comes Dorset.
Comes Bridgwater.
Comes North'ton.
Comes Bollingbrooke.
Comes Petriburgh.
Comes Stamford.
Comes Winchilsea.
Comes Clarendon.
Comes Craven.
Comes Ailisbury.
Comes Burlington.
Vicecomes Conway.
Vicecomes Fauconberg.
Arch. Yorke.
Epus. Sarum.
Epus. Petriburgh.
Epus. Rochester.
Epus. Exon.
Epus. Bristoll.
Epus. Chichester.
Epus. Landaff.
Ds. Windsor.
Ds. Wharton.
Ds. Paget.
Ds. Tenham.
Ds. Grey de Wark.
Ds. Mohun.
Ds. Vaughan.
Ds. Astley.
Ds. Langdale.
Ds. Holles.
Ds. Arundell Trer.
Ds. Grey de Roleston.

Any Five; to meet To-morrow, at Three of the Clock in the Afternoon, in the Prince's Lodgings.

Bill to continue the one for preventing unnecessary Suits, &c.

Hodie 2a vice lecta est Billa, "An Act to revive and perpetuate a former Act, intituled, An Act for avoiding unnecessary Suits and Delays."

ORDERED, That the Consideration of this Bill is committed to the same Committee as the Bill for preserving of Fishing.

Lucy's Bill.

Hodie 1a vice lecta est Billa, "An Act for confirming and establishing of a Decree made in the High Court of Chancery, therein mentioned; and empowering Bridget Lucy, an Infant of the Age of Years, to execute Conveyances, as if she were of full Age."

Message from H. C. for a Conference on Stoughton and Onslow's Cause.

A Message was brought from the House of Commons, by Sir Lyonell Jenkins and others:

To desire a Conference, upon the Matter of the Lords Answer to the Desire of the Commons, for a Conference in the Case of Mr. Onslow.

Answer.

The Messengers of the House of Commons were called in, and had this Answer returned:

That the Lords have considered of this Message, and will send them an Answer by Messengers of their own.

Message to H. C. for a Conference about their not coming to a former one on this Subject.

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

That the Lords desire a present Conference, in the Painted Chamber, upon their not coming to the Conference desired by them on Thursday last, and by the Lords appointed to be at Ten of the Clock, in the Painted Chamber, on Friday the 28th of this Instant May.

Heads for this Conference-

ORDERED, That the Lord Treasurer, Lord Privy Seal, Earl of Bridgwater, Earl of Shaftsbury, and the Lord Holles, do presently withdraw, and prepare what is fit to be said to the House of Commons at this Conference, and report the same to the House.

The Lord Privy Seal reported what the Lords had prepared to be said at the Conference; which was read, as followeth:

"The Lords have appointed this Conference, out of that constant Desire and Resolution they have to continue a fair Correspondence between the Two Houses, which is of the Essence of Parliamentary Proceedings.

"For this End, their Lordships have commanded us to tell you, That they cannot but take Notice of the House of Commons failing to be on Friday last at a Conference desired by themselves; and appointed by the Lords, at Ten of the Clock, in the Painted Chamber.

"That they conceive it tends to an Interruption of all Parliamentary Proceedings, and to evade the Right of the Lords to appoint Time and Place for Conferences."

The House approved of this, to be delivered to the House of Commons at this Conference.

Ld. Maynard's Bill.

Hodie 2a vice lecta est Billa, "An Act for rectifying a Mistake in a general Settlement of the Lord Maynard's Estate upon the Marriage of his Son."

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

L. Privy Seal.
L. Steward.
Comes Bedford.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Devon.
Comes Bollingbrooke.
Comes Stamford.
Arch. Yorke.
Epus. Durham.
Epus. Exon.
Epus. Ely.
Epus. Bath & Wells.
Ds. Stourton.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. Grey de Wark.
Ds. Mohun.
Ds. Carrington.
Ds. Widdrington.
Ds. Colepeper.
Ds. Gerard de Brand.
Ds. Arundell Trer.
Ds. Grey de Roleston.

Their Lordships, or any Five; to meet on Wednesday next, in the Morning, at Nine of the Clock, in the Prince's Lodging; and to adjourn themselves as they shall think fit.

Lords take the Oaths.

This Day the Lord Privy Seal and the Duke of Albemarle took and subscribed the Oaths appointed to be taken by the Act for preventing the Dangers which may happen from Popish Recusants, at the Lord Keeper's Woolsack.

Augustine Congregation, Trinity the Less, German Church Bill.

The Lord Privy Seal reported, "That the Committee have considered the Bill for vesting and settling the Site and Ground of the Parish Church of Trinity the Less, in Trustees of the Augustane Protestant German Congregation in London; and think it fit to pass, with some Alterations and Amendments, which are offered to the Consideration of the House."

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

Bill to prevent Dangers from disaffected Persons.

Then the House was adjourned into a Committee, to proceed in the Consideration of the Bill to prevent the Dangers which may arise from Persons disaffected to the Government.

The House being resumed;

Answer from H. C.

The Messengers sent to the House of Commons with the Message return with this Answer:

That the House of Commons will give a present Conference, as is desired.

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

Report of the Conference.

The Lord Privy Seal reported, "That the Managers have attended the Conference, and have delivered what they were appointed at the Conference."

Barret versus Ld. Loftus.

Whereas, upon hearing Counsel at the Bar, upon the Petition and Appeal of Dacre Barret, alias Lennard, concerning a Judgement of the House of Peers, made the Third Day of May, 1642, on the Behalf of the Lord Viscount Loftus of the Kingdom of Ireland, as also of the Counsel of the said Lord Loftus, it was, on the Tenth Day of this Instant May, amongst other Things, ordered and adjudged, That this House would hear the Merits of the Cause in the said Appeal and Judgement mentioned; and that therefore the said Dacre Barret should forthwith prepare and put in such Allegations as he would insist upon, at the Hearing appointed as aforesaid:

Now, upon receiving the Petition of the said Dacre Barret, containing such Allegations and Matter of Fact as relate to the Merits of the said Cause, it is ORDERED, That the said Lord Loftus may have a Copy thereof, and is hereby appointed to put in such Allegations as he shall think fit to insist on, by Way of Answer to the said Petition, on or before Monday the 21th Day of June next, at Ten of the Clock in the Forenoon.

Thanks to the Bishop of Landaff, for his Sermon.

ORDERED, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Landeff, for his Pains in preaching before the Lords, in the Abbey Church at Westm. on Saturday the 29th of this Instant May, being the Anniversary Day of His Majesty's Birth, and happy Return to His Kingdoms; and that his Lordship be desired to print and publish his Sermon then preached.

Crispes versus Boys & al.

ORDERED, That the Cause upon the Petition and Appeal of John and Thomas Crispe Esquires, and the Answer of John Bois, John Bradborne, John Harris, and others, depending in this House, shall be heard, by Counsel, at the Bar, on both Parts, on Friday the 4th Day of June next, at Three of the Clock in the Afternoon.

Sherley versus Sir J. Fagg.

Whereas Thomas Sherley Esquire hath an Appeal depending in this House, to which Sir John Fagg, a Member of the House of Commons, hath put in his Answer as Defendant:

It is this Day ORDERED, That this House will hear Counsel at the Bar, in the Cause upon the said Appeal and Answer, on Tuesday the Eighth Day of June next, at Ten of the Clock in the Forenoon.

Dr. Sherley Counsel assigned.

Whereas Thomas Sherley Esquire hath a Petition and Appeal depending in this House, against Sir John Fagg, a Member of the House of Commons:

This House being moved, "That Counsel may be assigned to plead the Cause of the said Thomas Sherley, upon his said Appeal;" it is ORDERED, That Serjeant Pemberton, Mr. Ossley, Mr. Richard Edwards, and Mr. Samuell Trist, (named for the said Thomas Sherley) be, and are hereby, appointed to manage and plead the said Cause, at the Bar of this House, on the Part and Behalf of the said Thomas Sherley, on Tuesday the Eighth Day of June next, at Ten of the Clock in the Forenoon, and at such other Times as it shall be depending in this House.

Bedle versus Bedle.

Upon reading the Petition of Edward Bedle, of Woodrising, in the County of Norffolke, Esquire, complaining of a Decree made in in the Court of Chancery, on the 25th of November, in the 25th Year of His Majesty's Reign that now is, for Dismission of his Bill of Complaint concerning several Matters in the said Petition set forth:

It is ORDERED, That the said Petition be, and is hereby, referred to the Lords Committees appointed to receive and consider of Petitions; whose Lordships are to report their Opinion thereupon unto the House.

Yeaneley versus Yeaneley.

Upon Report made by the Earl of Dorset, from the Lords Committees appointed to receive and consider of Petitions, "That, having considered of the Petition of James Yeanely Gentleman, complaining of a Decree made in the Court of Chancery in 1639, concerning Lands in Derbyshire, that it may be fit to hear the Petitioner at the Bar:"

The House taking the Matter of the said Petition into Consideration, it is ORDERED, That the said Petition of James Yeaneley be dismissed.

Philips versus David, in Error.

Whereas there is a Writ of Error depending in this House, wherein John Philips is Plaintiff, against Roger David, for Reversal of a Judgement obtained by Default by the said Roger David, in the Court of King's Bench; the said John Philips by Petition alledging Diminution in the Return of the said Record and Judgement into this House, and praying a Writ of Certiorari for rectifying thereof:

It is ORDERED, That His Majesty's Writ of Certiorari be directed to the Custos Brevium of His Majesty's Court of King's Bench, returnable into this House on Thursday the 10th Day of June next, to certify the Truth thereof.

Van Ruyven, King's Servant, Privilege.

Upon reading the Petition of Peter Van Ruyven, His Majesty's Servant in Ordinary, for making gilded Leather Hangings, complaining of the Prosecution of John Walford, of London, Leather Gilder, and others of the same Trade, had against him for using his said Trade:

It is ORDERED, That the said Petition be, and is hereby, referred to the Lords Committees appointed to receive and consider of Petitions; whose Lordships, having considered thereof, are to report to the House what they think fit to be done thereupon.

Price versus Davies' Bill.

Upon reading the Petition of Sarah Price, Relict and Administratrix of Samuell Price, One of the Executors of the last Will and Testament of Hugh Audley deceased, and also a Legatary in the said Will:

It is ORDERED, That the said Petition be, and is hereby, referred to the Lords Committees to whom the Bill, intituled, "An Act enabling Trustees to sell Lands, for Payment of the Debts of Alexander Davies deceased," stands committed; where the Petitioner is to be heard, before the said Bill be reported by their Lordships to the House.

Sir Chr. Clapham's Petition of Appeal.

Upon reading the Petition of Sir Christopher Clapham Knight, complaining of a Decree made in the Court of Chancery, on the 4th of November, 1671, for confirming the Customs of the Manor of Clapham, in the County of Yorke, and of a Dismission of his Bill of Review concerning the same Matter:

It is ORDERED, That the said Petition be, and is hereby, referred to the Lords Committees appointed to receive and consider of Petitions, to examine whether it be fit for the Cognizance of the Lords in Parliament; and make Report unto the House.

Sir N. Soughton's Counsel.

ORDERED, That Mr. Thursby and Mr. Whitlocke are assigned Counsel for Sir Nic. Stoughton, to plead his Cause depending in this House against Mr. Onslow.

The Question being put, "Whether the House shall be adjourned during Pleasure?"

It was Resolved in the Affirmative.

Bill to prevent Dangers from disaffected Persons.

Then the House was again adjourned into a Committee during Pleasure, to proceed in the further Consideration of the Bill to prevent the Dangers which may arise from Persons disaffected to the Government.

The House being resumed;

The Lord Privy Seal reported, "That the Committee desired the House would please to appoint another Day, when the House shall be put into a Committee again, to proceed upon this Bill."

And the House ordered Wednesday Morning next for that Business.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, primum diem Junii, 1675, hora decima Aurora, Dominis sic decernentibus.

Footnotes

* Sic.