House of Lords Journal Volume 12: 10 May 1675

DIE Lunæ, 10 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bill to prevent illegal Imprisonment.

ORDERED, That the Bill against illegal Imprisonment of the Subject shall be read the Second Time on Wednesday Morning next.

Bill to prevent Dangers from disaffected Persons.

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;

The Lord Privy Seal reported, "That the Committee of the House have made a further Progress in that Bill; and they desire the House would appoint the House to be adjourned into a Committee on Wednesday Morning next, to proceed further therein."

Which was ordered accordingly.

Christ's Hospital versus Cholmleys.

Whereas the House, by Order of the 18th of February, 1673, had appointed to hear Counsel at the Bar, in the Cause depending in this House, between the Governors of Christ's Hospitall and Margaret and Elizabeth Chomely, upon the 24th of the said Month of February, on which Day the Parliament was prorogued:

Now, upon reading the Petition of the oppressed Poor of the Parish of Acton, on the Behalf of themselves and several other Devisees of Katherine Viscountess Conway deceased, of whose Charity the Company of Grocers in London do defraud the Petitioners, and therefore pray that a short Day may be appointed for hearing the said Cause; it is this Day ORDERED, That this House will hear Counsel at the Bar, upon the Petition and Plea upon which the said Order was made on Monday the 17th Day of this Instant May, at Three of the Clock in the Afternoon; whereof the Petitioners are to cause timely Notice to be given to the said Margaret and Elizabeth Chomely, and to the said Governors of Christ's Hospitall and Company of Grocers, or the Clerk of the said Company, for that Purpose: And it is further ORDERED, That the Clerk of the Grocers Company do forthwith deliver Copies of such Writings as relate to the said Charities to the Treasurer of the said Hospital, to the End the said Governor may be the better enabled to satisfy this House concerning the same.

Squib against The King, in Error, Liberty to attend his Suit.

Whereas Edmond Squib, Plaintiff in a Writ of Error depending in this House, to which His Majesty is Defendant, is a Prisoner upon Execution in the Prison of the King's Bench; this House being moved, "That the said Edmond Squib may have Liberty to attend the Prosecution of his said Writ of Error:"

It is thereupon ORDERED, That the said Edmond Squib shall have Liberty (with his Keeper) to attend the Prosecution of the said Writ of Error in the House of Peers; and this shall be a sufficient Warrant on that Behalf.

Streater versus Roper & al. in Error.

Whereas there is a Writ of Error depending in this House, wherein John Streater is Plaintiff, and Abell Roper and others are Defendants; upon which Writ the Plaintiff hath assigned Errors, the Defendants have demurred, and the Plaintiff hath rejoined:

It is this Day ORDERED, upon a Motion made on the Behalf of the Plaintiff, That this House will hear the said Errors argued, by Counsel, at the Bar, as well on His Majesty's as on the said Plaintiff's Part, on Monday the 17th Day of this Instant May, at Three of the Clock in the Afternoon; whereof the Plaintiff is to cause timely Notice to be given to the Defendants for that Purpose.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora tertia, Dominis sic decernentibus.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bill to prevent Frauds and Perjuries.

The Earl of Ailesbury reported, "That the Committee appointed to consider of the Bill for Prevention of Frauds and Perjuries have met several Times; and have, upon the Advice of the Judges, made several Amendments therein, which are offered to the Consideration of the House."

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

Barret versus L. Loftus.

The House having heard the Counsel of Dacre Barret Plaintiff, at this Bar, this Day; and also the Counsel of the Lord Viscount Loftus Defendant, upon a Petition of Appeal, desiring, "That a Decree made in Parliament, the Third Day of May, 1642, on Behalf of the said Vicecomes Loftus, may be reversed, whereby the said Dacre Barret may be admitted to take his Course for his Relief:"

And, after a long Debate and Consideration thereof,

The Question being put, "Whether this Decree, made the Third of May, 1642, shall be affirmed?"

It was Resolved in the Negative.

The House also made this further Order, as followeth; videlicet,

Former Judgement of this House not assumed, and a Re-hearing to be had.

"Upon hearing of Counsel this Day at the Bar, upon the Petition of Dacres Barret, Son of Richard Barret Esquire, by Anne his late Wife, Daughter and Heir of Sir Robert Loftus, by Ellinor his late Wife, deceased, by the Right Honourable the Lady Dacree his next Friend, complaining of an Order and Judgement of the Lords in Parliament, made on the Third Day of May, in the Year of our Lord One Thousand Six Hundred Forty and Two, by which Judgement a Decree made at the Council Board in Ireland, on the First of February, One Thousand Six Hundred Thirty and Seven, is reversed, wherein the now Lord Viscount Loftus of the said Kingdom of Ireland is concerned, and praying the vacating of the Judgement aforesaid; as also the Counsel for the said Lord Loftus in Maintenance thereof: After serious Consideration had of what hath been offered by either Party thereupon, it is Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement of this House, made on the Third Day of May, 1642, shall not be affirmed: And it is thereupon further ORDERED, That this Court will hear and determine upon the Merits of the said Cause; and that therefore all Proceedings of what Nature soever, to be had or made in any inferior Courts, either in Westminster Hall, or in the Kingdom of Ireland, concerning the Matters complained of in the said Petition, be stayed, during the depending thereof in this House; and that the Possession of the Lord Loftus, in any Lands or Tenements, or other Estate whatsoever, relating to the Case in Question, be quieted, and remain in the same Condition it now is, until such Time as the further Judgement of this House be declared thereupon: And lastly it is ORDERED, That as well the Petitioner as the Defendant, or their Agents, do forthwith prepare themselves respectively with such Allegations as they shall think fit to insist upon, and signify the same to this House, to the End that a Day may thereupon be appointed for hearing of both Parties, by their Counsel, at the Bar, upon the Merits of the said Cause."

Memorandum, That, before the putting of the aforesaid Question, these Lords following desired Leave to enter their Dissents, if the Question was carried in the Negative; and accordingly do enter their Dissents, as followeth:

Protest against it.

"We, whose Names are underwritten, having, before the putting of the Question following; videlicet,

"The Question being put, Whether this Decree, made on the Third of May, 1642, shall be affirmed?

"It was Resolved in the Negative:"

"desired Leave of the House to enter our Protestation, if the same were carried in the Negative, do accordingly enter our Dissent and Protestation, for the Reasons following:

"First, Because this Resolution retains a Complaint, which, upon weighty Grounds, appearing in the Judgement of Parliament, and in the Pleadings in this Cause, as we humbly conceive, ought to be dismissed.

"Secondly, It is a very dangerous Precedent, and may be of ill Consequence to the Judicatory of this High Court, if not destructive thereunto, after above Thirty-three Years to shake a Judgement made against an extra-judicial Decree of the Council Board in Ireland, grounded on a supposed Parole Agreement, pretended to be made Four and Fifty Years ago, and built upon a single Testimony, various in itself, for Manors and Lands of Inheritance of a great Yearly Value, and wholly destructive to the Family of a Viscount of that Kingdom; and all this after the said Judgement fully executed, after Settlement of Marriage, for great and valuable Considerations, made upon the Heirs Male of the Family, for Support of the Honour to them descendable, and divers Leases and Contracts touching several Parts of the Estate, and a great Portion of the Sister paid, chargeable on the Premises, and great Debts of the Lord Chancellor Loftus, and Part thereof sold, and other Part mortgaged; all which Transactions have been founded upon the said Judgement in Parliament, and the said Estate quietly enjoyed under it ever since.

"Thirdly, Because it seems to us unreasonable, and very unsecure for the Subject, that such a Judgement upon the last Resort vacating a Decree vicious both in Form and Matter, and making a full Settlement between the Parties, should, after the most of the Witnesses dead, and after those under whom the now Complainant claims their Submission thereunto, and taking Benefit by the Execution thereof, and receiving some Thousands of Pounds thereupon, be drawn into Question, and the Merits of the Cause re-heard; much less that new Matter should be admitted in a Cause so concluded.

"4thly, We conceive the Plea of the Lord Loftus upon the Matters aforesaid to be good and valid in Law.

"5thly, That to admit a Re-hearing can only tend to impoverish the Parties, and increase Divisions between near Relations; which the Honour and Wisdom of this High Court ever endeavours to prevent.

"Anglesey.
Shaftesbury.
Basill Denbigh.
Carlisle.
Vaughan
Carbery.
W. Widdrington."

Crispes versus Boys & al.

Whereas this Day was appointed to hear Counsel on both Parts, upon the Petition of John and Thomas Crispe, to which John Boyse, John Harris, and others, are Defendants:

It is ORDERED, That the said Counsel shall be heard, at the Bar of this House, on Monday the 17th Day of May Instant, at Three of the Clock in the Afternoon; whereof both Parties are to take Notice, and attend accordingly.

Wright versus Stevenson, in Error.

Upon reading the Petition of John Huniades Gentleman; shewing, "That, having obtained a Judgement in Ejectment, in the Name of Peter Stevenson, against Joseph Wright Esquire, the said Joseph Wright hath brought the same, by Writ of Error, into this House; upon which the general Errors being assigned, and Issue joined, he prayeth a Day may be appointed for Hearing:"

Thereupon it is ORDERED, That this House will hear the said Errors argued, by Counsel on both Parts, at the Bar, on Monday the 17th Day of this Instant May, at Three of the Clock in the Afternoon; whereof the Petitioner is to cause timely Notice to be given to the said Joseph Wright, or his Attorney, for that Purpose.

Channell to be brought to the Bar.

ORDERED, That John Channell shall be brought to the Bar To-morrow Morning, to make his Submission for his Contempt to the Order of this House, in order to his Discharge.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, 11^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.