House of Lords Journal Volume 12: 17 March 1670

DIE Jovis, 17 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Marlborough takes his Seat.

The House was made acquainted, "That the King hath granted a Writ of Summons to this Parliament to William Earl of Marlborough, dated the 15th of this Instant March, A° 22° Regis Caroli Secundi."

Which Writ being delivered to the Clerk of the Parliaments, the said Earl of Marleborough took his proper Place.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Humphrey Winch Baronet, and others; who brought up a Bill, passed the House of Commons, intituled, "An Act for settling the Draining of the Fens in Lyncolneshire, called Deeping Fenns;" to which their Lordships Concurrence is desired.

ORDERED, That this Bill be read the First Time To-morrow Morning.

Robbers of Cloth and King's Stores, Bill.

Hodie 2^a vice lecta est Billa, "An Act for taking away the Benefit of Clergy from such as steal Cloth from the Rack, and from such as shall steal or embezzle His Majesty's Ammunition and Stores."

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

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

Ly. Bellasis' Bill.

The Earl of Dorsett reported, "That the Committee have considered of the Bill for settling Part of the Estate of Dame Suzan Bellasis; and they think it fit to pass, with a small Amendment."

Which, being read Twice, was Agreed to, and the Bill ordered to be engrossed, with the said Amendment.

Beckham's Bill.

The Earl of Dorsett reported, "That the Committee have considered the Bill concerning Richard Beckham; and their Opinion is, That the said Bill is fit to pass, with some Amendments."

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

Lady Routh's Bill.

Hodie 3^a vice lecta est Billa, "An Act to enable Dame Elizabeth Routh, Mother and Executrix of the last Will and Testament of Dorothy Farewell Widow, late the Relict and Executrix of John Farewell, late of The Inner Temple, London, Esquire, to sell certain Lands, for the Payment of Debts."

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

It was Resolved in the Affirmative.

Bill's Bill.

The Earl of Aylsbury reported, "That the Committee have considered the Bill concerning John Bill Esquire, and have made some Amendments and Alterations therein."

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

Message to H. C. with Ly. Routh's Bill.

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

To deliver to them the Bill concerning the Lady Elizabeth Routh, and desire their Concurrence thereunto.

Sir Francis Fane's Bill, to sell Tirbeck Manor.

The Earl of Dorsett reported, "That the Committee have considered the Bill concerning Sir Francis Fane, and do think it fit to pass, with some Amendments and Alterations."

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

Lady Lee's Bill.

ORDERED, That the Bill concerning the Lady Elizabeth Lee shall be read the Third Time To-morrow Morning; and after that, the Bill concerning Sir Cutbert Heron.

Lord Roos's Bill.

This Day being appointed to resume the Debate of the Bill, intituled, "An Act for John Mannors, called Lord Roos, to marry again, living his Wife, from whom he is divorced;" and also to read the Petition of the Lady Ann Roos:

The said Petition was read; and, after some Debate thereof,

The Question being put, "Whether the Lady Roos should be called in?"

It was Resolved in the Affirmative.

Lady Roos's Petition against it

Then the said Lady Roos being called in, the said Petition was shewed unto her.

And the Speaker asked her, "Whether she did own that Hand-writing which subscribed the Petition to be her Hand-writing?"

And she confessed the same to be her Hand-writing.

She being also asked, "Whether she did own and avow that Petition?"

She said, "she did."

After this, the House fell into further Consideration of the said Bill; and, for the freer Debate thereof, the House was adjourned into a Committee during Pleasure.

The House being resumed;

The Question being put, "Whether this Bill, intituled, "An Act for John Mannors, called Lord Roos, to marry again, living his Wife, from whom he is divorced," shall be read the Second Time?"

It was Resolved in the Affirmative.

ORDERED, That this Bill shall be read the Second Time on Saturday Morning next.

Protest against reading the Bill a Second Time.

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

"C. Richmond & Lenos.
James.
Gilb. Cant.
E. Manchester.
Brecknock.
Norwich.
Kent.
Chesterfeild.
Northampton.
Mordaunt.
Peterborow.
St. Alban.
Craven.
Stafford.
Bristol.
Rich. Ebor.
Halifax.
Humfr. London.
Geor. Winton.
Audley.
Jos. Peterb.
Hen. Arundell.
Ed. Howard.
Guil. Lincoln.
R. Arundell.
T. Culpeper.
Seth. Sarum.
Ant. Exon.
J. Lucas.
C. H. Wotton.
Joh. Roffen.
Rob'tus Bangor.
Chr. Hatton.
Walt. Oxon.
Franc. Landaven."

Bill against Conventicles,

ORDERED, That the Bill to prevent and suppress seditious Conventicles shall be further considered To-morrow, the next after Mr. Greenvile's Business.

Admiralty Jurisdiction Bill.

ORDERED, That the Committee for the Bill concerning the Jurisdiction of the Court of Admiralty shall meet on Saturday Morning next at Eight of the Clock.

E Rivers' Privilege, Walley to be attached for suing Hyde.

Whereas, upon Complaint and Oath made at the Bar of this House, "That Richard Walley, of Frodsham, in the County of Chester, Shopkeeper, and Robert Ridge, of the City of Chester, Vintner, and others, have sued and prosecuted William Hyde, menial Servant to the Earl Rivers, a Peer of this Realm, in several of His Majesty's Courts in the County Palatine of Chester, by Richard Barker their Attorney, for some Affairs relating to the said Earl, in the Time of Session of Parliament, contrary to Privilege of Parliament, were summoned to appear at the Bar of this House on Wednesday the Sixteenth Day of March Instant, to answer the Complaint;" and likewise upon Oath made this Day at the Bar, "That the said Richard Walley, being summoned, hath refused to appear, saying, he could not nor would not come:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Body of the said Richard Walley, and bring him in safe Custody to the Bar of this House, to answer the said Contempt: And it is further ORDERED, That the said Robert Ridge and Richard Barker, being now in Town, are hereby appointed peremptorily to appear at the Bar of this House, To-morrow at Ten of the Clock in the Forenoon, to answer to the said Complaint, as they will answer the contrary at their Perils.

L. Audley's Privilege. Nurse, the Constable, discharged.

Whereas Samuell Nurse, a Constable, now in the Custody of the Serjeant at Arms attending this House, or his Deputy, for entering the Lodgings belonging to the Lord Awdley, a Peer of this Realm, in the Night, to the Disturbance of his Family, sitting the Parliament, contrary to the Privilege of Parliament, hath submitted himself to the Lord Awdley, and acknowledged to his Lordship his Sorrow for his said 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 Motion of the Lord Awdley on that Behalf), That the said Samuell Nurse be, and is hereby, discharged from any further Restraint for the said Offence, paying his Fees; and this shall be a sufficient Warrant on that Behalf.

L. Holles' Privilege. Symball to be attached, for beating Bowring his Servant, and pounding his Horse.

Upon Complaint and Oath made at the Bar of this House, by Hugh Bowring, menial Servant to the Lord Holles, a Peer of this Realm, "That he was assaulted and beaten, by Isaac Symball, on the Tenth Day of December last, who took from him a Horse belonging to the said Lord Holles, and pounded him, so that the Lord Holles was constrained to replevy his Horse:"

All which being contrary to the Privilege of Parliament; it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Body of the said Isaac Symball, and bring him in safe Custody to the Bar of this House, to answer his said Offence: And this shall be a sufficient Warrant on that Behalf.

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 18^um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.