House of Lords Journal Volume 12: 18 February 1674

DIE Mercurii, 18 die Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

ORDERED, That the Lord Chief Baron and Baron Thurland do attend this House this Afternoon, at the Hearing of the Cause between Darrell and Whitchcott.

ORDERED, That the Committee of Petitions is appointed to sit To-morrow in the Afternoon.

The Lord Widdrington is added to the Committee for Petitions.

Ireland, for securing.

The House was adjourned into a Committee, to consider of securing the Kingdom of Ireland.

The House was resumed.

And the Lord Steward reported, "That the Committee of the whole House have made a Progress in the Consideration of the securing Ireland; but do desire the House would appoint another Day, for that Committee to sit again."

And the House appointed To-morrow Morning for that Business.

Streater versus Roper & al. in Error.

Upon reading the Petition of John Streater, Plaintiff in a Writ of Error depending in this House, to which Abell Roper and others are Defendants, upon which Writ the said Plaintiff hath assigned Errors, and prays, "That a short Day may be set, for the said Defendants to put in such Plea thereto as they shall think fit:"

It is thereupon ORDERED, That the said Abell Roper, and other Defendants in the said Writ, be, and are hereby, appointed to put in their said Plea to the said Errors assigned, on or before Monday the 23th Day of February Instant, at Ten of the Clock in the Forenoon.

Governors of Christ's Hospital versus Cholmleys.

Upon reading the Answer and Plea of Margaret and Elizabeth Cholmeley, to the Petition of the Governors of Christ's Hospitall, depending in this House:"

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, Answer, and Plea, on Tuesday the 24th Day of this Instant February, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause timely Notice to be given to the said Margaret and Elizabeth Cholmeley, or their Agent in the said Cause: And it is further ORDERED, That the Clerk of the Grocers Company do forthwith deliver Copies of such Writings as relate to the said Charities, to the Treasurer of the said Hospital, to the End the said Governors may be the better enabled to satisfy this House concerning the same.

Marq. of Winton's Servants Privilege: Not to be proceeded against for Recusancy.

The House being informed, "That One of the menial Servants of the Marquis of Winchester, a Peer of this Realm, is proceeded against for Recusancy, sitting the Parliament, contrary to the Privilege of Parliament:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all and every of the menial Servants of the said Marquis of Winton (not being a Convicted Recusant or Recusants) shall have the Privilege of Parliament, to be discharged of all Proceedings had against him or them for Recusancy since the Time of Privilege began, and during the Continuance of the same Privilege; and that if any Indictment have been brought against him or them for Recusancy during the Time of Privilege aforesaid, the same shall be forthwith brought into the Court of King's Bench by Certiorari, and the King's Attorney shall enter a Non Pros. upon the same.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quarta, Dominis sic decernentibus.

DIE Mercurii, 18 die Februarii, Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Essex, Privilege, concerning the late E. of Northumb's Estate.

Upon Report made by the Lord Privy Seal, from the Lords Committees for Privileges, "That, having considered of the Matter referred to them, concerning the Privilege claimed by the Earl of Essex, in such Manner as in his Case is set forth, their Lordships are of Opinion (in order to the Determination of this Business), That the Counsel on both Parts do attend the Lord Chief Justice of the Court of King's Bench and Mr. Justice Wylde, with the Deeds of Settlement of the late Earl of Northumberland's Estate; who are to state thereupon what Estate and Possession the Earl of Essex hath in the Lands in the Deed mentioned, and whether the Twenty Thousand Pounds therein mentioned are to be raised during the Lady Elizabeth Percye's Life; and if so, what present Interest the Earl of Essex hath in the said Twenty Thousand Pounds:"

Upon Consideration whereof, the Lords Spiritual and Temporal in Parliament assembled ordered the same accordingly.

Darrell versus Whitchcott.

Upon hearing this Day the Counsel of Marmaduke Darrell Esquire, upon the Petition and Answer depending in this House between him and Sir Jeremy Whitchcot:

It is ORDERED, That this House will hear the Counsel of Sir Jeremy Whitchcot, To-morrow in the Afternoon, at this Bar.

Committees adjourned.

ORDERED, That all Committees that are appointed to sit To-morrow in the Afternoon, are to sit on Friday next, in the Afternoon.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 19^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.