House of Lords Journal Volume 12: 26 May 1675

DIE Mercurii, 26 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bill concerning Lewis's Estate.

Hodie 1^a vice lecta est Billa, "An Act for enabling Trustees to sell Lands, in the Counties of Glamorgan and Monmouth, for the Payment of the Debts of William Lewis, deceased, and the Debts and Legacies of Edward Lewis Esquire deceased, his Son."

Davies' Bill.

Hodie 1^a vice lecta est Billa, "An Act enabling Trustees to sell Lands, for Payment of the Debts of Alexander Davies, deceased."

Bill to continue the one for preventing unnecessary Suits, &c.

Hodie 1^a vice lecta est Billa, "An Act to revive and perpetuate a former Act, intituled, An Act for avoiding unnecessary Suits and Delays."

Fishing Bill.

Hodie 1^a vice lecta est Billa, "An Act to preserve and regulate the Fishing in several Rivers of this Kingdom."

Lilly's, &c. Grammar Bill.

Hodie 1^a vice lecta est Billa, "An Act to enjoin the teaching of Lillie's and Cambden's Grammer in Free Schools."

Cotton's Bill.

Hodie 3^a vice lecta est Billa, "An Act to enable Charles Cotton Esquire, to sell Lands, for Payment of Debts, and raising Portions for Younger Children."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

To deliver to them the Bill to enable Charles Cotton to sell Lands, for Payment of Debts, and raising Portions for Younger Children; and to desire Concurrence thereunto.

Highways Bill.

ORDERED, That the Committee for the Bill concerning Highways have hereby Power to meet de Die in Diem, and to adjourn as they shall see Cause.

Heads to secure the Protestant Religion.

ORDERED, That on Friday the 28th of this Instant May, the House shall be put into a Committee, to proceed in the Consideration of Heads for a Bill to secure the Protestant Religion.

Streater versus Roper & al. in Error.

This Day the House did hear Counsel on both Parts argue the Errors assigned in the Writ of Error brought by John Streater Plaintiff, and Roper and others Defendants, for reversing a Judgement given in the Court of King's Bench.

And, after a serious Debate and Consideration thereof,

The Question was propounded, "Whether the Judges shall be heard in this Case?"

And the Question being put, "Whether this Question shall be put?"

It was Resolved in the Negative.

Then the Question was put, "Whether this Judgement shall be reversed?"

And it was Resolved in the Affirmative.

Protest against reversing the Judgement.

Dissentient.

"Anglesey."

Streater versus Roper & al. in Error.

The Order at large, approved of by the House, was read, as followeth:

"Upon hearing Counsel on both Parts this Day at the Bar, to argue the Errors assigned by John Streater, Plaintiff in a Writ of Error depending in this House, to which Abell Roper, Francis Tytan, John Starkey, Thomas Basset, Thomas Collins, and John Place, are Defendants, concerning a Judgement given in the Court of King's Bench, for Two Hundred Pounds to be paid by the said John Streater to the said Abell Roper, Francis Tytan, John Storkey, Thomas Basset, Thomas Collins, and John Place, upon a Suit by them the said Abell Roper, Francis Tytan, John Starkey, Thomas Basset, Thomas Collins, and John Place, commenced against the said John Streater, concerning the Privilege of printing Law Books: After due Consideration had of what was offered on either Part concerning the same, it is Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Letters Patents pleaded in Bar of the Action brought in the King's Bench were and are good in Law; and that the said Judgement given in the Court of King's Bench, for the said Abell Roper, Francis Tytan, John Starkey, Thomas Basset, Thomas Collins, and John Place, against the the said John Streater, is therefore erroneous, and shall be, and is hereby, reversed."

The Tenor of which Judgement, to be affixed to the Transcript of the said Record, followeth; (videlicet,)

"Et postea, scilicet, Vicesimo Tertio Die Januarii, Anno Regni dicti Domini Regis Vicesimo Quinto, Transcript. Record. & Processus prædicti, inter Partes prædictas, cum omnibus ea tangentibus, Prætextu cujusdam Brevis dicti Domini Regis de Errore corrigend. per prædictum Johannem Streater in præmissis prosecut. dicto Domino Regi in præsenti Parliamento apud Westm. a prædicta Curia dicti Domini Regis hic transmissum suit; prædictusque Johannes Streater in eadem Curia Parliamenti comparens, diversas Materias pro Erroribus in Recordo & Processu prædict. pro Revocatione & Adnullatione Judicii prædicti assignavit; ad quas prædicti Abel Roper, Franciscus Tyton, Johannes Starkey, Thomas Basset, Thomas Collins, & Johannes Place, qui tam pro dicto Domino Rege quam pro soipsis sequuntur in eadem Curia Parliamenti prædicti, comparentes, placitaverunt, quod prædict. Assignatio Errorum per præsat. Johannem Streater assignat. Materiaque in eadem content. minus sufficienter in Lege existunt ad Breve de Error. prædict. manutenend. & Judicium prædict. reversand.; ad quod idem Johannes Streater superinde replicavit, & dixit quod Errores per ipsum superius assignat. Materiaque in iisdem content. sufficienter in Lege existunt ad Breve suum de Errore prædict. manutenend. & Judicium prædict. versus ipsum, ut præsertur, in prædicta Curia dicti Domini Regis coram ipso Rege prædict. annihiland. & reversand.; & postea, scilicet, Vicesimo Sexto Die Maii, Anno dicti Domini Regis nune Vicesimo Septimo, in prædicta Curia Parliamenti prædicti, visis & per Curiam ibidem diligenter examinatis & plenius intellectis tam Recordo & Processu prædict. ac Judicio super iisdem reddit. quam prædictis Causis & Materiis pro Erroribus superius assignatis & allegatis, maturaque Deliberatione inde habita, consideratum est per Curiam prædictam Parliamenti prædicti, quod Judicium prædictum revocetur, adnulletur, & penitus pro nullo habeatur."

Mrs. Denie versus Frazer & al.

Upon reading the Petition and Appeal of Francis Denies Widow (the Relict and Executrix of Edward Denies Esquire, the Son of Edward Denies deceased), Daughter of Sir Thomas Badd Knight and Baronet, complaining of a Decree made in the Court of Chancery, concerning the Manor of South Shorewell, alias Westcourt, in the Isle of Wight, on the Behalf of Sir Alexander Frazer, One of His Majesty's Physicians, and Bridget Denies an Ideot, Sister to the Petitioner's late Husband Edward Denies, and other Matters in the said Appeal set forth, and praying Relief thereupon:

It is ORDERED, That the said Bridget Denies, by her Guardian and Committee, and Sir Alexander Frazier, may have a Copy of the said Petition and Appeal; and they are hereby appointed to put in their Answer, or respective Answers thereunto, in Writing, at the Bar of this House, on Wednesday the Second Day of June next, at Ten of the Clock in the Forenoon; whereof the said Francis Dennies is to cause timely Notice to be given to the said Bridget Denies her Guardian and Sir Alexander Frazier for that Purpose.

D. of Bucks Privilege ;-- Ellis released.

Upon reading the Petition of John Ellis (now in the Custody of the Serjeant at Arms attending this House, for arresting Doctor William Jones, menial Servant to the Duke of Bucks, contrary to the Privilege of Parliament), humbly acknowledging the Fact, for which he prayeth the Pardon of this House, by reason of his Innocency in that he know not of the Privilege of the said Doctor Jones, he having put in Bail to the Action:

It is ORDERED, That the said John Ellis be, and is hereby, discharged from any further Restraint for the said Offence (paying his Fees); and this shall be a sufficient Warrant on that Behalf.

Wright versus Stevenson. in Error.

ORDERED, That this House will hear Counsel at the Bar, to argue the Errors assigned by Joseph Wright Esquire, upon a Writ of Error depending in this House, wherein the said Joseph Wright is Plaintiff, and Peter Stevenson Defendant, on Monday the 31th of this Instant May, at Ten of the Clock in the Forenoon; whereof the said Peter Stevenson is to cause timely Notice to be given to the said Joseph Wright, or his Attorney, for that Purpose.

Crispes versus Dalmahoy & al.

Whereas this House had appointed to hear Counsel in the Cause depending in this House, between Sir Nicholas Crispe Baronet and others, Plaintiffs, and Thomas Dalmahoy Esquire and others, Defendants, To-morrow Morning:

It is this Day ORDERED, That this House will hear Counsel at the Bar, on both Parts, in the said Cause on Friday next, being the 28th Day of this Instant May, at Three of the Clock in the Afternoon.

Darrell versus Whitchcott.

ORDERED, That the Counsel which should have been heard this Day, to proceed in the Cause depending in this House between Marmaduke Darrell Esquire Plaintiff, and Sir Jeremy Whichcot Baronet Defendant, shall be heard at the Bar, to proceed in the said Cause, on Tuesday the First Day of June next, at Ten of the Clock in the Forenoon.

Squib versus The King, in Error.

Whereas this House had appointed to hear Counsel further, to argue the Errors assigned on a Writ of Error depending in this House, wherein Edmond Squib is Plaintiff, against the King's Majesty, To-morrow Morning:

It being alledged, "That His Majesty's Counsel could not be so soon ready," it is ORDERED, That this House will hear the said Errors further argued, by Counsel, on both Parts, at the Bar of this House, on Wednesday the Second Day of June next, at Ten of the Clock in the Forenoon; whereof the Defendant of the said Writ, on His Majesty's Behalf, is to cause timely Notice to be given to the said Edmond Squib for that Purpose.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 27^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.