Journal of the House of Lords: Volume 13, 1675-1681. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercuril, 20 die Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
L. Cullen's Bill.
Hodie 1a vice lecta est Billa, "An Act to enable the Trustees of Brian Viscount Cullen, of the Realm of Ireland, to sell or dispose of Lands in Elmesthrope, in the County of Leycester, for the Payment of Debts, and raising a Portion for his Daughter."
L Freschevile's Petition for Precedency
The Lord Chancellor acquainted the House, "That he was appointed by His Majesty to let them know, that the Lord Freschevile had presented an humble Petition to His Majesty, which He is pleased to refer to the Consideration of the House of Peers now assembled in Parliament."
The Petition and Proceedings thereupon were read, as follow:
"To the King's Most Excellent Majesty.
"The humble Petition of John Lord Freschevile of Stavely, in the County of Derby;
"That whereas Your Petitioner, as lineal Heir Male to Raphe de Frescheville of Stavely, who had Summons to Parliament amongst the Barons of this Realm in the 25th Year of King Edward the First, hath been (through Your Majesty's special Grace and Favour) advanced to the Title and Dignity of a Baron of this Realm, by Letters Patents, bearing Date the 16th Day of March, in the 16th Year of Your Majesty's happy Reign; and whereas, upon a solemn Debate in the House of Peers, happening this present Parliament, in the Case of the Lady Katherine Obrien, lineal Heir to Gervase Lord Clifton, it was resolved, That the said Gervase Clifton, being summoned to Parliament by a special Writ, bearing Date the Ninth of July, in the Sixth Year of the Reign of Your Royal Grandfather King James, and sitting in Parliament accordingly, was a Peer and Baron of this Realm, and his Blood thereby enobled, Your Petitioner, therefore, conceiving that, by the same Reason, the Blood of his lineal Ancestor, by that Summons and Sitting in Parliament in the Time of King Edward the First, being then enobled, and there never having since been any Attainder in his Family which might legally interrupt his Claim to the Honour of his said Ancestor, so that he hath a just Right and Title thereunto;
"Most humbly desires that he may be admitted to the same Place and Precedence in this present Parliament, and in all other future Parliaments, and other public Conventions of the Peers of this Realm, as his said Ancestor Ralphe de Frescheville anciently had and enjoyed.
"And he shall ever pray, &c."
Referred to the Attorney General.
"At the Court at Whitehall, February 6th, 1677/8.
"His Majesty, having a gracious Sense of the Petitioner's constant Loyalty and faithful Services, and being willing that all just Right should be done him in this Matter, is pleased to refer the Consideration of it to Mr. Attorney General, to report to His Majesty how he finds it, together with his Opinion thereupon, and then His Majesty will declare His further Pleasure.
Attorney General's Report.
"May it please Your Most Excellent Majesty,
"I have examined the Contents of this Petition, and do find, by a Copy of the Record attested by the Keeper of Your Majesty's Records within The Tower, that Ralfe de Frescheville was, among other Barons, summoned by Writ to the Parliament held in the 25th Year of the Reign of King Edward the First; it also appears unto me, by several Pedigrees of Credit and Antiquity, that the now Lord Fretcheville is lineally descended, as Heir both General and Male, from the said Ralph de Frescheville; but it doth not appear by any Evidence, that the said Ralfe, or any of his Descendants (till Your Majesty's Creation of the now Lord Frescheville), were ever summoned or sat in Parliament after the said Parliament of 25th of Edward the First: And therefore my humble Opinion to Your Majesty is, That You would be graciously pleased to refer the Consideration of this Petition to the Peers now in Parliament assembled.
"14 Feb. 1677."
Referred to this House.
"At the Court at Whitehall, February 20th, 1677/8.
"His Majesty, having been humbly moved upon this Petition, is graciously pleased to refer it to the House of Peers now assembled in Parliament.
Upon reading the Petition of John Lord Frescheville, of Stavely, in the County of Derby, to the King's Most Excellent Majesty; shewing, "That he is Heir Male to Ralph Frescheville, of Stavely, who had Summons to Parliament in 25 Edward the First, and therefore praying, that he may be admitted to the same Place and Precedency in Parliament as his said Ancestor had;" and also His Majesty's Reference of the said Petition to this House:
It is ORDERED, That this House will hear Counsel at the Bar, to make out the Matter of Fact concerning the Title and Claim of the Lord Frescheville to the Precedency set forth in his Petition on Monday the 25th of this Instant February, at Ten of the Clock in the Forenoon.
Vacat per Ordinem 13tii Novembris, 1680, coram
P. Bath & Wells.
Vacat per Ordinem 13tii Novembris, 1680, coram
P. Bath & Wells.
Levett versus Norden, in Error.
Upon reading the Petition of William Levett Esquire, Plaintiff in a Writ of Error depending in this House, wherein John Norden Gentleman is Defendant, praying a Day may be appointed, for hearing the Errors thereon assigned to be argued:
It is thereupon ORDERED, That this House will hear Counsel, to argue the said Errors, on both Parts, at the Bar, on Tuesday the 26th of this Instant February, at Ten of the Clock in the Forenoon.
Upon reading the Petition of John Norden Gentleman, Defendant in a Writ of Error depending in this House, wherein William Levet Esquire is Plaintiff, praying that a Day may be appointed, for hearing the Errors thereon assigned to be argued:
It is thereupon ORDERED, That this House will hear Counsel, to argue the said Errors on both Parts, at the Bar, on Tuesday the 26th of this Instant February, at Ten of the Clock in the Forenoon.
Mearbank and Aronfield, Grimsditch's Bail, versus Sare.
Whereas, upon reading the Petition of Thomas Mearbanke and John Aronfeild, it was on the 9th Instant, ordered, That Will'm Sare, therein complained of, for endeavouring to put in Execution a Judgement obtained in the King's Bench against the Petitioners as Bail for Thomas Grimsditch, who hath obtained a Writ of Error returnable into this House for reversing the said Judgement, should appear to answer to the said Complaint on Friday last:
It is this Day ORDERED, That the said Will'm Sare be, and is hereby, required to appear at the Bar of this House, to answer to the Petitioner's Complaint, on Wednesday the 27th of this Instant February, at Ten of the Clock in the Forenoon.
Taunt versus Messenger, in Error.
Upon reading the Petition of Marke Taunt; shewing, "That he having obtained a Judgement against John Messenger, in the Court of King's Bench, the said Judgement is, by the said John Messenger, brought into this House; but he doth not prosecute the same, by assigning Errors thereon, according to the Rules of this High Court: Therefore prayeth that the Transcript of the Record of the Court of King's Bench may be remitted, and the Judgement therein entered may be affirmed:"
It is thereupon ORDERED, That the said John Messenger be, and is hereby, required to assign such Errors as he will insist on, upon the said Writ of Error, peremptorily on Saturday next, being the 23th Instant, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause timely Notice to be given to the said John Messenger, or his Attorney in the said Cause.
Countess of Portland, Privilege, Recusancy.
Upon reading the Order directed Yesterday, upon the Petition of the Countess of Portland, praying that an Indictment brought against her for Recusancy at the Sessions of Peace held for the County of Midd. on or about the Fifth of October, 26° Caroli 2di, may be set aside, and that she may enjoy Privilege according to her Right:
It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Privileges, &c. to examine the Matter of Fact set forth in the said Petition, and make Report of what they find unto the House.
Lady Abergavenny waves Privilege in the Count. of Dorset's Suit.
Whereas, by Order of the Eighth of February Instant, the Lady Abergaveny was required to put in an Answer to the Complaint of the Countess Dowager of Dorset, within One Week after Notice, concerning the protecting of William Marsh and Nicolas Mace, by her Son, from the Suit of the said Countess of Dorset, concerning Cattle seized for Heriots (by the said William Marsh and Nicholas Mace) due upon the Death of her late Husband Richard Earl of Dorset, which the said Countess denieth to be due:
The House being this Day informed, by the Earl of North'ton, "That the said Lady Abergaveny doth disclaim any Privilege for herself or her Son in this Case;" the House was well satisfied therewith.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 21um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.