House of Lords Journal Volume 13: 1 March 1678

DIE Veneris, primo die Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Fines and Recoveries Bill.

Hodie 2^a vice lecta est Billa, "An Act for the better Assurance of such as claim under ancient Fines and Recoveries."

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

Their Lordships, or any Five of them; to meet To-morrow, at Three of the Clock in the (fn. 1) Afternoon, in the Prince's Lodgings; and to adjourn as they please.

E. of Shaftesbury, Privilege.

Upon Complaint to this House, "That Mr. John Cowper, menial Servant to the Earl of Shaftesbury, a Peer of this Realm, was arrested, within the Time of Privilege of Parliament, by Francis Bromley Serjeant at Mace, and Henry Witt his Yeoman, at the Suit of Mrs. Anne Hustwhatt; and that Execution was since made out against the said John Cowper, by Samuell Brewster Attorney at Law, and laid on him by Joseph Young:"

Hustwhat, Bromley, & al. sent for, for arresting Cowper, his Servant.

All which Proceedings being within the Time of, and contrary to, the said Privilege, it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Anne Hustwhatt, Francis Bromley, Henry Witt, Samuell Brewster, and Joseph Young, be, and are hereby, required to appear at the Bar of this House, to answer to the said Complaint, To-morrow, being the Second of this Instant March, at Ten of the Clock in the Forenoon.

E. Craven, Privilege. Stockdale & al. sent for, for arresting Emerson, his Servant.

Next, William Stockdall, William Haward, and Robert Hedges, were brought to the Bar, being attached by the Serjeant at Arms, for arresting Christopher Emerson, a menial Servant of the Earl of Craven.

William Stockdall confessed the Offence, but alledged he did not know the said Christopher Emerson to be the Earl of Craven's menial Servant.

And the said Stockdall being asked, "Whether he will release his Action against Emerson?" He said, "With all his Heart:" and begged Pardon for his Offence.

But, in regard the Earl of Craven had not his Witnesses ready, it was moved, "That the said William Stockdale, William Haward, and Hedges, might be delivered out of the Custody of the Serjeant at Arms, and put into the Hands of the Gentleman Usher attending this House, and brought again to the Bar on Monday Morning next."

Which was ordered accordingly.

E. of Pembroke's Pet. for a speedy Trial, for killing Coney.

A Petition was presented to the House, from the Earl of Pembrooke; which was read, as follows:

"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

"The humble Petition of Phillip Earl of Pembrooke;

"Sheweth,

"That an Inquisition being lately taken, videlicet, the Eleventh Day of this Instant February, 1677, before the Coroner of the County of Midd. upon View of the Body of Nathaniell Cony Gentleman, deceased, your Petitioner is thereby charged with his Death; and although he is well assured of his own Innocency, yet he is grievously afflicted to lie and continue under so heinous an Accusation, without Help by such Relief as appertains to the Peers of this Realm in Time of Parliament.

"Wherefore your Petitioner humbly beseecheth your Lordships, that the said Matter may be put into such a speedy Way of Examination and Trial, as your Lordships great Wisdom shall think fit.

"And your Petitioner shall pray, &c.

"Pembrooke."

Hereupon the House made the ensuing Order; videlicet,

Committee to consider of it.

"Upon reading the Petition of Phillip Earl of Pembrooke; shewing, That, by an Inquisition taken before the Coroner of the County of Midd. on the Eleventh of February last, the said Earl of Pembrooke is charged with the Death of Nathaniell Cony Gentleman, and praying that the said Matter may be put into a speedy Way of Examination and Trial: It is ORDERED, That it be, and is hereby, referred to the Lords Committees appointed to consider of the Privileges of the Peers of this Realm, &c. to examine and consider what hath been done in the like Cases, and what is fit to be done in this Case; their Lordships having Power to send for the Record of the Coroner, and are to make Report upon the whole Matter."

Santen versus Regem, in Error.

Whereas, by virtue of His Majesty's Writ of Error, returnable into the House of Peers in Parliament assembled, a Record of the Court of Exchequer, sent back to the said Court out of the Chamber nigh the Exchequer called The Councell Chamber, by the Lord Chancellor and Lord Treasurer, was brought into this Court on the 15th Day of January last, with the Transcript thereof, wherein Judgement given by the Lord Chancellor and Lord Treasurer is entered for and on the Behalf of the King's Majesty against Luke Santen; upon which Writ Errors being assigned by the said Luke Santen, and Issue joined by his Majesty's Attorney General on his Behalf:

Upon hearing Counsel this Day at the Bar to argue the said Errors, as well on His Majesty's Behalf, as for the said Luke Santen; after due Consideration had of what was offered on either Part thereupon, the Lords Spiritual and Temporal in Parliament assembled do order and adjudge, That the said Judgement given by the Lord Chancellor and Lord Treasurer in the said Chamber nigh the Exchequer, called The Councell Chamber, on His Majesty's Behalf (recited in the Transcript to the said Writ of Error annexed), be, and is hereby, affirmed; and that the said Writ of Error and Transcript annexed be remitted to the Court of Exchequer, to the End that the King's Majesty may have Execution of the said Judgement, in like Manner as if no such Writ of Error had been brought into this Court.

Messenger versus Taunt, in Error.

Whereas, by virtue of His Majesty's Writ of Error returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this Court, on the Sixth Day of February last, (with the Transcript thereof) wherein Judgement is entered for Marke Taunt against John Messenger; upon which Writ Errors being assigned, and Issue joined, and this Day given to hear the said Errors argued at the Bar; the said Marke Taunt appearing by his Counsel, but the said John Messenger not appearing, nor any Counsel for him:

It is thereupon ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement of the Court of King's Bench, given for the said Marke Taunt against the said John Messenger, be, and is hereby, affirmed; and that the Transcript of the said Record of the Court of King's Bench, wherein Judgement is entered as aforesaid, be remitted, to the End the said Mark Taunt may have Execution of the said Judgement, as if no such Writ of Error had been brought into this Court: And their Lordships do further adjudge, That the said John Messenger shall pay to the said Marke Taunt the Sum of Ten Pounds for his Costs, by reason of the Delay of Execution of the said Judgement, occasioned by bringing the said Writ of Error into this Court, to be recovered by the Rules and Means of Costs taxed by the Court of King's Bench in like Cases.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 2^um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.