House of Lords Journal Volume 13: 5 March 1678

DIE Martis, 5 die Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Brend's Bill.

The Committee for the Bill concerning Francis Brend are to meet To-morrow Morning.

Servants and Apprentices Bill.

Hodie 2^a vice lecta est Billa, "An Act for the wellgoverning of Servants and Apprentices."

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

Their Lordships, or any Five of them; to meet on Thursday next, at Three of the Clock in the Afternoon, in the Prince's Lodgings; and to adjourn as they please.

Shalcross's Bill.

The Earl of Essex reported, "That the Committee had considered the Bill concerning Francis Shalcross; and they think it fit to pass, with some Amendments."

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

Message from H. C. with Bills; and to return the E. of Warwick's, Gerey's, and Rodes.

A Message was brought from the House of Commons, by Sir Adam Browne, &c. who brought up several Bills.

1. To return Three Bills sent from the Lords, to which the Commons agree without any Amendment:

1. The Bill concerning the Earl of Warwick.

2. The Bill concerning William Gerey.

3. The Bill concerning Sir Francis Rodes.

2. A Bill, intituled, "An Act to enable Trustees to sell Lands for Payment of the Debts of John Herring deceased."

3. A Bill for discharging the Manor of Winsteed, in the County of York, from a Settlement in Taille, and charging other Manors and Lands, in the County of Lyncolne, of a greater Value, with the same Uses; to which Two Bills their Lordships Concurrence is desired.

Sir J. Cotton's Bill.

The Earl of Aylesbury reported, "That the Committee had considered the Bill concerning Sir John Cotton; and think it fit to pass, without any Amendments."

Hodie 3^a vice lecta est Billa, "An Act to enable Sir John Cotton Baronet to dispose of a Message called St. Jermans, and Lands therewith used, near St. Albans, in the County of Hertford, and to settle other Lands in Lieu thereof."

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

It was Resolved in the Affirmative.

Nevill's Pet.

The Petition of Richard Nevill was read, and ordered to be laid aside.

(fn. 1) This is entered at large afterwards.

The Bishop of Chichester, the Bishop of Landaff, and the Bishop of Exon, are added to the Committee for the Bill concerning Fines and Recoveries.

Thynne's Bill.

The Bishop of London reported, "That the Committee have considered the Bill concerning Thomas Thynne Esquire; and conceive it fit to pass, with some Amendments."

Which, being read Twice, were Agreed to.

Hodie 3^a vice lecta est Billa, "An Act to enable Thomas Thynne, of Longelcate, in the County of Wilts, Esquire, to settle a Jointure on a Wife, of certain Lands, Tenements, and Hereditaments, herein after mentioned."

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

It was Resolved in the Affirmative.

The Lord Chancellor is added to the Committee for Privileges.

Message to H. C. with it; and that the Lords have passed Sir J. Cotton's.

A Message was sent to the House of Commons, by Sir William Beversham and Sir Miles Cooke:

1. To return Mr. Thynne's Bill, passed by the Lords with some Amendments; to which Amendments the Lords desire the Concurrence of the House of Commons.

2. To let them know, that the Lords have passed the Bill concerning Sir John Cotton, without any Amendments.

Bill for Discharge of Prisoners for Debt.

Hodie 2^a vice lecta est Billa, "An Act for Discharge of Persons in Prison for Debt before the Second of February, One Thousand Six Hundred Seventyseven."

ORDERED, That the Consideration of this Bill is committed to the same Committee which is appointed to consider and examine the State of the Security of Prisoners in The King's Bench and Fleets.

Creditors to recover Debts of Executors &c.; Bill.

Hodie 2^a vice lecta est Billa, "An Act to enable Creditors to recover their Debts of the Executors of Administrators of Executors de son Tort demesne."

Committed to the same Committee as the Bill is for Fines and Recoveries.

Shillingford, alias Izard, versus Palmer, in Error.

Upon reading the Petition of John Palmcr, Defendant in a Writ of Error depending in this House wherein John Shillingford, alias Izard,is Plaintiff, praying, "That a Day may be appointed, to hear the "Errors argued which are assigned thereon:"

It is ORDERED, That this House will hear Counsel on both Parts, at the Bar, to argue the said Errors, on Thursday the Seventh of this Instant March, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause timely Notice to be given to the said John Shillingford, alias Izard, or his Attorney in the said Cause.

Serjeant versus Serjeant.

Whereas, upon the Petition of Jane Serjeant Widow, praying that she might have longer Time to put in an Answer to the Petition of William Serjeant and Jane his Wife, depending in this House against her, the said Jane Serjeant the Widow had Time given her till Saturday the Second of this Instant March, but hath not hitherto put in any Answer to the same:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel on both Parts, at the Bar, upon the said Petition, as the Cause stands before this House, on Saturday the Ninth Day of this Instant March, at Ten of the Clock in the Forenoon; whereof the said William Serjeant is to cause timely Notice to be given to the said Jane Serjeant the Widow, and the other Defendant mentioned in his Petition, to the End they may be prepared for a Hearing at the Time aforesaid.

Clarke versus Morgan, in Error.

Whereas this Day was appointed to hear Counsel, at the Bar, on both Parts, to argue the Errors assigned upon a Writ of Error brought into this Court on the 15th Day of January last past, on the Behalf of Edmond Clarke Plaintiff therein, whereto Richard Morgan is Defendant; the said Richard Morgan appearing by his Counsel, but the said Edmond Clarke not appearing, nor any Counsel for him:

It is thereupon ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement of the Court of King's Bench, given for the said Richard Morgan, 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 King's Bench, to the End of the said Richard Morgan may have Execution of the said Judgement in like Manner as if no such Writ of Error had been brought into this Court: And their Lordships do further adjudge, That the said Edmond Clarke shall pay to the said Richard Morgan the Sum of Five Pounds for his Costs, by reason of the Delay of Execution of the said Judgement occasioned by the bringing of 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.

Smith, for Words against the Parliament.

This Day Aaron Smith, after long concealing of himself, was brought to this Bar, by the Serjeant at Arms. And after he had kneeled, the House commanded a Paper to be read to him, subscribed by John Platt, John Robinson, and George Betts, in which he was charged, "That on Sunday the 20th Day of May, 1677, in The Tower of London, the said Aaron Smith did declare that those Lords the Prisoners in The Tower had justified that this present Parliament was void; and that it was contrary to Magna Charta and the Constitution of the Laws of England that this Parliament had continued so long; and further declared, That this present Parliament was no Parliament by Law."

Then the Lord Chancellor asked the said Aaron Smith, "What he had to pay for himself?"

Who answered to this Effect: "That he knew very well the Force of Affirmatives; that he was undone by this Business, it being his Livelihood to follow other Men's Businesses, which suffered much for Want of his Liberty to follow them; therefore humbly begged their Lordships Favour towards him."

The said Aaron Smith being withdrawn, the House made this ensuing Order:

Committed to the Black Rod.

"Whereas Aaron Smith was this Day brought to the Bar, for dangerous and seditious Words uttered by him against the Being of this Parliament, which were attested by John Platt, John Robinson, and George Betts: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Aaron Smith shall stand committed to the Gentleman Usher of the Black Rod attending this House, by him to be kept in safe Custody during the Pleasure of this House; and this shall be a sufficient Warrant on that Behalf.

"To Sir Edw. Carteret Knight, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them."

Nevile's Pet. laid aside.

Upon reading the Petition of Richard Nevile Esquire, praying Relief and Stay of some Proceeding had in the Court of Chancery against him:

It appearing to this House that the said Richard Nevile is at present, by his own Consent, in Contradiction of the said Petition, proceeding in the Court of Chancery in Order to the Determination of the Cause mentioned in his Petition; it is ORDERED, That the said Petition of the said Richard Neville be laid aside.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, sextum diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.