House of Lords Journal Volume 13: 5 April 1677

DIE Jovis, 5 die Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Awbrey's Bill.

The Earl Marshal reported, "That the Committee have considered the Bill to enable Herbert Awbrey to sell Land, for Payment of his Debts; and have heard all Parties therein concerned, and do think the said Bill fit to pass as it is."

Then,

Hodie 3^a vice lecta est Billa, "An Act to enable Herbert Awbrey and his Trustees to sell Lands, for Payment of his Debts."

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

It was Resolved in the Affirmative.

Barkeley's Bill.

Hodie 1 vice lecta est Billa, "An Act to enable Thomas Barkeley Esquire and his Trustees to sell Lands, for Payment of the Debts of the said Thomas Barkeley, and raising Portions for his Younger Children."

West-Derby, and Wavertree. E. of Derby & al. Bill.

The Earl of Aylesbury reported from the Committee appointed to consider of the Bill for ascertaining and establishing the Interest of the Lord and Copyhold Tenants of the Manors of West Derby and Wavertrec: That the House be moved, That Mr. Fazackerley's and Mr. Roper's Oaths may be taken, to prove that the said Mr. Fazackerley is employed by Mason, Stanley, Stones and Croft (Persons named in the said Bill) to act for them, as for the rest of the Tenants, in order to the procuring this Act; Mr. Fazackerley offering to swear that he was employed by the said Mason, Stanley, and Stones, and hath received Money of them and of the said Croft for carrying on the Business; and Mr. Roper offering also to swear that he heard the said Mason, Stanley, and Stones, say, That they had desired Mr. Fazackerley to get their Names inserted in the Bill:"

Hereupon it is ORDERED, That the said Mr. Fazackerley and Mr. Roper shall be sworn at this Bar, in order to their being examined by the Committee concerning this Business.

And accordingly they were sworn.

Liberty of the Subject, Bill.

The House was put into a Committee, to consider the Bill for the better securing the Liberty of the Subject.

The House was resumed.

And the Earl of Bridgwater reported, "That the Committee of the whole House have made some Progress in the said Bill, and have made some Amendments therein; which being intricate, the Committee have appointed the Two Lords Chief Justices and the Lord Chief Baron to word the several Clauses, according to the Sense of the Committee, against the next Sitting of the Committee; and the House is desired to appoint another Time, when the House shall be put again into a Committee, to proceed further in the said Bill."

And the House ordered Tuesday next for that Business.

E. Rutland and Sir Scroope How.

Whereas this House had appointed to hear Counsel at the Bar, on both Parts, on Tuesday the Tenth Instant, upon the Matters in Difference between the Earl of Rutland and Sir Scroope How, who have both of them submitted the said Matters in Difference to the Judgement of this House:

It being this Day moved, "That, in regard the said Lord Viscount Campden (a principal Witness on the Part and Behalf of the Earl of Rutland), being sick, cannot be here by the Day aforesaid, some further Day may be appointed for that Purpose; it is thereupon ORDERED, That the Hearing of Counsel on both Sides as aforesaid be, and is hereby, put off, and appointed to be on the First Wednesday of the Sitting of the Parliament next after Easter Week, at Ten of the Clock in the Forenoon.

Collins versus Holworthy, in Error.

This Day the Lord Chief Justice of the Court of King's Bench brought in a Writ of Error, wherein Benjamine Collins is Plaintiff, and Sir Mathew Holworthy is Defendant, to reverse a Judgement in the King's Bench.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 6^um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

Dorsett.
J. Bridgewater.
Clarendon.
Craven.
Ailesbury.
Stafford.
R. Chichester.