House of Lords Journal Volume 12: 8 December 1670

DIE Jovis, 8 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ly. Delawar, Privilege: Exigent against her to be vacated.

The Earl of Dorsett reported from the Committee of Privileges, "That their Lordships have considered of the Manner of vacating the Exigent and Outlawry against the Lady Dowager Delawar, a Peeress of this Realm, referred by the House to their Consideration. They have had the Opinion of the Judges of the Court of Common Pleas therein; and find, that the said Exigent and Outlawry, being before Judgement, may be vacated by the Directions of the Judges of that Court (whereas, if it had been after Judgement, it must have been done by Writ of Error): Upon Consideration whereof, the Committee are of Opinion, That an Order of this House should be directed to the Judges of the Court of Common Pleas, requiring them to take Care and give Directions for the vacating the said Exigent and Outlawry, which ought not to have been issued against the Lady Dowager Delawar, according to their own Rules in that Court:

Brisco, the Attorney, to be disqualified from practising.

"And whereas Walcot Brisco, an Attorney of that Court, who sued out the said Writ of Exigent and Outlawry, hath, ever since Complaint thereof made to this House, absconded, thereby to avoid the Justice of this House; the Committee are of Opinion, That this House (if they think fit) direct that the Court of Common Pleas cause his Name to be struck out of the Book or Roll of Attornies of that Court, so as he may not henceforth practise as an Attorney therein."

ORDERED, That this House agrees to this Report, and orders the same accordingly.

Message from H.C. with Bills.

A Message was brought from the House of Commons, by Sir Jonathan Trelawny, who brought up Four Bills, to which their Lordships Concurrence is desired:

1. "An Act for Continuance of a former Act, to prevent Arrests of Judgement, and superseding Executions."

2. "An Act to prevent certain Frauds and Abuses committed by Servants."

3. "An Act to enable the Daughters and Coheirs of Sir John Fitzjames to join in a Sale of Lands, for Payment of his Debts."

4. "An Act to enable Francis Couriney Esquire to join with Sir William Courtney his Father, in a Conveyance for settling their Estate."

Bill to prevent Arrests of Judgement.

Hodie 1^a vice lecta est Billa, "An Act for Continuance of a former Act, to prevent Arrests of Judgement, and superseding Executions."

Bill to prevent Frauds of Servants.

Hodie 1^a vice lecta est Billa, "An Act to prevent certain Frauds and Abuses by Servants."

L. Irwin's Bill.

The Lord Viscount de Stafford reported, "That the Committee for the Bill to empower Edward Earl of Manchester, Sir Henry Stapleton, and Henry Slingsby, &c. to sell certain Lands, for the Payment of the Debts of Henry late Lord Ingram, Viscount Irwin, having heard all Parties therein concerned, and received their Assent, and being satisfied that the passing this Bill will be much for the Advantage of the Estate of the Infant, their Lordships do think it fit to pass, with some Amendments, which they offer to the Consideration of the House."

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

Sir C. Clifton's Bill.

The Earl of Dorsett reported, "That the Committee have considered of the Bill concerning the Payment of the Debts of Sir Clifford Clifton, and have received the Consent of all Parties concerned; their Lordships 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.

Fitzjamess Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable the Daughters and Coheirs of Sir John Fitzjames to join in a Sale of Lands, for Payment of his Debts."

ORDERED, That the Earl of St. Albans is added to the Committee for the Bill for improving Navigation in Boston River; and the Lord Sandys is added to the Committee concerning Bills of Midd. and Ac etiams.

Pitt & al. versus Pelham.

Upon Report made by the Earl of Anglesey, from the Lords Committees appointed to receive and consider of Petitions, "That, having considered of the Petition of Robert Pitt, of Blandford Forum, in the County of Dorset, Gentleman, and others (referred to them by this House), and the Answer of Robert Pelham Esquire and Mary his Wife, and John Still Esquire and Mabell his Wife, to the said Petition, and having heard Counsel on both Parts thereupon; their Lordships find the Matters complained of fit to be heard at the Bar:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause upon the said Answer and Petition shall be heard, by Counsel on both Parts, at the Bar of this House, on Wednesday the 14th Day of December Instant, at Ten of the Clock in the Forenoon; whereof the Petitioners are to give timely Notice to the Defendants in the said Cause.

Comport versus Sir S. Jones.

Upon Report made by the Earl of Anglesey, from the Lords Committees appointed to receive and consider of Petitions, "That, having considered of the Petition of Richard Comport, of Eltham, in the County of Kent, Yeoman, and the Answer of Sir Samuell Jones to the said Petition, and having heard Counsel on both Parts thereupon, their Lordships find the Matters complained of fit to be heard at the Bar:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause upon the said Petition and Answer shall be heard, by Counsel on both Parts, at the Bar of this House, on Friday the Sixteenth Day of December Instant, at Ten of the Clock in the Forenoon; whereof the Petitioner is to give timely Notice to the Defendant in the said Cause.

Order concerning Writs of Error to be entered upon the Roll.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That an Order of this House, made on the Thirteenth Day of December, One Thousand Six Hundred Sixty and One, directing the Manner of Proceedings upon Writs of Error returnable into this High Court of Parliament, shall be entered on the Roll of the Standing Orders of this House.

Distillers to be heard against the Bill to prohibit the Importation of Brandy.

Whereas, upon the Second Reading of a Bill depending in this House, intituled, "An Act to prevent the Importation of Foreign Brandy, and to give a Recompence to His Majesty for his Duty thereupon," as also upon reading the Petition of the Company of Distillers of London against the said Bill, Counsel was appointed to be heard, at the Bar, upon the said Bill and Petition, on Monday the Eleventh Day of April last:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel shall be heard, at the Bar of this House, upon the said Bill and Petition, on Tuesday the Thirteenth Day of December Instant, at Ten of the Clock in the Forenoon.

Colt versus Colt.

Upon reading the humble Petition of Thomas Colt and Henry Hall Esquire, this Day in this House, and the Answer of John Dutton Colt Esquire to the said Petition:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel shall be heard, at the Bar of this House, on both Parts, upon the said Petition and Answer, on the Second Thursday next after Twelf-day, at Ten of the Clock in the Forenoon: And it is further ORDERED, That the said John Dutton Colt may have Liberty to mend or alter the said Answer in the mean Time, if he think fit.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 9^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.