House of Lords Journal Volume 13: 16 February 1678

DIE Sabbati, 16 die Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Warwick's Bill:

Hodie 3^a vice lecta est Billa, "An Act to enable the Guardian of the Right Honourable Edward Earl of Warwicke and Holland to make Leases of several Messuages herein after mentioned, during his Minority, reserving the improved Rents."

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

It was Resolved in the Affirmative.

Message to H. C. with it; and that the Lords have agreed to Coke's and Cobham House Bill.

A Message was sent to the House of Commons, by Sir Andrew Hackett and Sir John Francklyn; which consisted of these Parts:

1. To deliver them the Bill concerning the Earl of Warwick, and desire their Concurrence thereunto.

2. To let them know, that the Lords have agreed to the Amendments made and the Proviso added by the House of Commons to the Bill, intituled, "An Act to supply the Defects in a Deed of Settlement made by John Coke Esquire, deceased, and for altering a Trust in Part of the Estate of Robert Coke Esquire."

3. Also to acquaint them, that the Lords do agree to the Amendments made by the Commons to the Bill to enable Trustees to raise Money upon Cobham House and Parke.

House called.

The House was called; and these Lords were absent:

Standing Orders read.

After this, the Standing Orders of the House were read.

Complaint against the Marshal of The King's Bench, for suffering Prisoners to escape.

Complaint was made to the House of several Prisoners in The King's Bench that had been permitted to escape, and other Misdemeanors committed by the Keeper of that Prison.

Whereupon it is ORDERED, That a Committee be appointed, to examine the State of the Security of the Prisoners in the Prison of The King's Bench and The Fleete, and the Abuses complained of in the Security of the Prisoners therein; and of the Liberty given them to be at large, contrary to Law, and to provide a Remedy for the present Evils; and to prepare a Bill to prevent all Abuses therein for the future, and make Report unto the House.

Committee to examine the Security of the Prisoners in The King's Bench and Fleet Prisons.

The Names of the Lords Committees were these; (videlicet)

The Lord Chief Justice of the King's Bench to assist their Lordships.

Their Lordships, or any Five of them; to meet this Afternoon, at Four of the Clock, in the Lord Privy Seal's Lodgings near the House of Peers; and to adjourn as they please.

Count. of Lincoln's Nat. Bill.

ORDERED, That the Committee for the Bill for naturalizing the Countess of Lyncolne is revived; and are to meet on Monday Morning next, at Nine of the Clock.

The Earl of Huntington, Earl of Bedford, Lord Viscount Hallyfax, the Lord Lovelace, and the Lord Bellasis, are added to the Committee for the Lord Audley's Bill.

Serjeant versus Serjeant.

Upon the Petition of Jane Serjeant, Widow and Relict of Richard Serjeant Esquire, deceased; shewing, "That she being, by Order of the Ninth Instant, required to put in an Answer to the Petition of William Serjeant and Jane his Wife, preferred against her within One Week after Notice thereof, cannot (in regard the Pleadings in the Case complained of are very long, and her Solicitor is out of Town) be so soon ready; and therefore prayeth a longer Time for that Purpose:"

It is thereupon ORDERED, That the said Jane Serjeant the Widow shall have Time given her till Saturday the Second Day of March next, at Ten of the Clock in the Forenoon, for putting in her Answer to the said Petition of William Serjeant and Jane his Wife, preferred against her.

E. of Essex, Privilege, in the D. of Monmouth's Suit against him.

Upon reading the Petition of Arthur Earl of Essex, complaining of a Breach of Privilege of Parliament committed by Proceedings had in the Courts in Westminster Hall last Michaelmas Terme, upon the Title of the Duke of Monmouth, against the said Earl of Essex, concerning certain Lands in his Possession since the Deaths of Algernoone and Joceline the late Earls of Northumberland; and that, since the said Term, new Ejectments have been given to his Tenants, contrary to the said Privilege; and therefore prayeth the Directions of this House:

Baldwin, Algood, & al. sent for.

It is thereupon ORDERED, That the Possession of the said Earl of Essex in the said Lands be quieted to him during the Privilege of Parliament; and that no further Proceedings shall be had at Law against him or any of his Tenants of the said Lands, concerning his Title thereto, during the Time of Privilege: And it is further ORDERED, That Serjeant Baldwin, Thomas Algood, Lancelot Algood, and John Cooke, who prosecuted the said Suit after Notice given them of Privilege claimed by the Earl of Essex, be, and are hereby, required to attend this House on Tuesday next, being the 19th Day of this Instant February, at Ten of the Clock in the Forenoon.

Deane & al. versus Symonds, in Error.

Whereas John Deane, William Campe, and others, Plaintiffs in a Writ of Error brought into this House, wherein William Symonds is Defendant, have, upon assigning Errors, alledged Diminution, and thereupon obtained, on the 5th of this Instant February, an Order for His Majesty's Writ of Certiorari to be issued, for the more perfect certifying of the Record into this House, whereof a Transcript is to the said Writ of Error annexed, within Ten Days next after the said Fifth of February:

It appearing that the said Plaintiffs have hitherto intended only Delay, it is thereupon ORDERED, That unless the said Plaintiffs shall on Tuesday next, being the 19th Instant, shew good Cause to the contrary, the Judgement given for the said Defendant Symonds shall be affirmed, and the Transcript of the said Record remitted.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, 19^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.