House of Lords Journal Volume 12: 2 December 1670

DIE Veneris, 2 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

PRAYERS.

Message from H. C. with D. of Albemarle's Bill.

A Message was brought from the House of Commons, by Sir Charles Harboard Knight; who returned a Bill for enabling Christopher Duke of Albemarle to re-convey Lands mortgaged to his Father, in which they have made some Amendments; to which their Lordships Concurrence is desired.

Then the said Amendments were read Twice, and Agreed to; and then read the Third Time.

L. Leigh's Bill.

Hodie 2 ^a vice lecta est Billa, "An Act to enable the Right Honourable Thomas Lord Leigh, and Thomas Leigh Esquire his Grandson and Heir Apparent, to sell the Manor of Hampstall Ridward, with the Appurtenances, in the County of Stafford, and all other the Lands, Tenements, and Hereditaments, of Sir Thomas Leigh deceased, lying in Ridward aforesaid, or elsewhere in the said County of Stafford, for raising of Portions for the Daughters of the said Sir Thomas Leigh, and for the Payment of his Debts in this Act mentioned."

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

Their Lordships, or any Five or more; to meet Tomorrow in the Afternoon, at Three of the Clock, in the Prince's Lodgings, and to hear all Parties concerned; and to take Care of the Infant and Feme Covert.

Kidderminster Stuffs Bill.

ORDERED, That the Bill for regulating Making of Kidderminster Stuffs shall be read To-morrow Morning the Third Time; being reported, by the Earl of Dorsett, as fit to pass as it is.

L. Irwin's Bill.

Hodie 2^a vice lecta est Billa, "An Act for the empowering Edward Earl of Manchester, Sir Henry Stapleton Baronet, Henry Slyngsby and George Townshend Esquires, Executors and Trustees of Henry late Lord Ingram, Vicecomes Irwin in the Kingdom of Scotland, deceased, to sell certain Lands, for the Payment of his Debts and Legacies."

ORDERED, That the Consideration of this Bill is committed to the same Committee as the Lord Leigh's Bill is; and all Parties therein concerned to be heard.

Rich's Petition.

ORDERED, That the Petition of Samuell Rich shall be read To-morrow Morning.

Naturalization Bill:

Hodie 3^a vice lecta est Billa, "An Act for Naturalization."

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

It was Resolved in the Affirmative.

Protest against it.

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

"J. Bridgewater.
Northampton.
Anglesey.J.
Lucas."

Bill to amend Bill's Act.

Hodie 3^a vice lecta est Billa, "An Act for rectifying a Mistake of Dates of Deeds mentioned in an Act of Parliament, intituled, An Act to enable John Bill Esquire to sell certain Lands, in Kent and Surrey."

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

It was Resolved in the Affirmative.

Message to H. C. with it, and the Naturalization Bill.

A Message was sent to the House of Commons, by Sir William Child and Sir Thomas Escourt:

To acquaint them, that their Lordships do agree to the Amendments and Proviso added to the Bill concerning the Duke of Albemarle.

Also to deliver to them Two Bills, to which the Lords desire their Concurrence:

1. To the Bill for Naturalization.

2. The Bill concerning John Bill Esquire.

Yarwood and Frankley versus Robery.

Upon Report made from the Lords Committees appointed to receive and consider of Petitions, "That their Lordships having read the Petition of Randolph Yarwood Clerk, and Thomas Francklyn, and also the Answer of John Robery to the said Petition, and appointed to hear Counsel thereupon; the said Petitioners did not appear, by themselves or their Counsel, to shew Cause why they should be relieved; but the Defendant was at the Charge to attend with his Counsel; it appearing that the said Petition is vexatious, and brought for Delay, and therefore, by their Lordships, thought fit to be dismissed with Costs:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Randolph Yarwood and Thomas Francklyn be, and is hereby, dismissed; and that the said Randolph Yarwood and Thomas Francklyn shall pay Five Pounds Costs to the said John Robery, for their Vexation and Delay practised against him.

Lady Gerrard, Privilege:

Upon reading the humble Petition of Dame Jane Gerard, Relict of Charles Lord Gerard of Gerard's Bromely, deceased, and of Digby Lord Gerrard his Son and Heir, complaining of a Breach of the Privilege of Peerage due to her, committed by John Ward, of Capeston, in the County of Chester, who took out an original Writ, and proceeded to outlaw her, by taking out an Exigent, which she was enforced to appear to and supersede, to avoid being outlawed; as also that William Spencer Gentleman filed a Declaration against her as a common Person, and yet declared against her by her Title of Honour, and had caused her Cattle several Times to be driven away, which she was forced to replevin, notwithstanding the said Dame Jane Gerard claimed her Privilege:

Ward and Spencer sent for, for sueing her.

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Ward and William Spencer be, and are hereby, required to appear at the Bar of this House, within Ten Days next after Notice given them by the Petitioner or her Agents, to answer to the said Complaint; and hereof they may not fail.

L. Byron versus Sir W. Juxon, Privilege.

Upon reading the humble Petition of Sir William Juxon; praying a Day, to be heard, upon a Complaint made in this House against him and his Agents, by the Lord Byron, concerning 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:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel shall be heard, at the Bar of this House, as well for the Lord Byron as for the said Sir William Juxon, concerning the Possession of the Tenths, Tithes, and Profits aforesaid, on Monday next, at Ten of the Clock in the Forenoon.

Scofield, L. Byron's Servant arrested.

Whereas, upon Complaint made to this House, by the Lord Byron, of a Breach of Privilege committed against him, by the arresting of his Servant Abraham Scofield, by Jeremy Hargrave, Henry Whitacrce, and Richard Holt, who are now in the Custody of the Serjeant at Arms attending this House for the same:

Hargrave & al. sent for.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms, or his Deputy, shall bring the said Jeremy Hargrave, Henry Whitacre, and Richard Holt, to the Bar of this House, on Monday next, at Ten of the Clock in the Forenoon.

Officers who issue Writs of Exigent, &c. against Peers.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be referred to the Lords Committees for Privileges, to examine who are the Officers that issue out the Writs of Exigent and Outlawry against any Peers or Peeresses that are sued, and make Report unto this House.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 3^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

J. Bridgewater.
Scarsdale.
B. Elien.
Seth Sarum.
Chandos.