House of Lords Journal Volume 13: 21 May 1677

DIE Lunæ, 21 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bill against clandestine Marriages.

ORDERED, That the Committee for the Bill to prevent clandestine Marriages do meet To-morrow Morning, at Ten of the Clock, to proceed in the Consideration of that Bill; and the Earl of St. Albans is added to the said Committee.

L Brooke takes his Seat.

This Day Fulke Grevil Chevalier, sat first in Parliament as Lord Brooke, by virtue of His Majesty's Writ of Summons, dated at Westm. the 19th Day of May, in the 29th Year of the Reign of our Sovereign Lord King Charles the Second; being upon Descent, after the Death of Robert Lord Brooke his Brother.

E. of Feversham introduced.

This Day Lodowick Lord Duras was introduced, in his Robes, as Earl of Feversham, between the Earl of Dorset and the Earl of St. Albans; the Earl of Petriburgh supplying the Place of the Earl Marshal of England, the Lord Great Chamberlain of England (Garter King of Arms carrying the Patent) going before; which Patent, after it had been presented at the Woolsack, was brought to the Clerk's Table and read, by which it did appear that he came in by Succession after the Death of George Earl of Feversham, and not by Descent. After this, he was conducted to the lower End of the Earls Bench, and there placed.

E. of Rutland and Sir Scroope How.

The Lord Privy Seal reported, "That the Lords appointed by this House to endeavour a Composure of the Differences between the Earl of Rutland and Sir Scroope How have often met, and made a Compromise in Writing sent to both; but they cannot make an Agreement, in regard the Earl of Rutland did not come to Compliance, though Sir Scroope How and his Father did offer to submit to what their Lordships had proposed."

Hereupon the Lord Viscount Campden did signify to the House, "That the Earl of Rutland would submit himself to the Determination of this House."

And the like Submission being signified to this House as from Sir Scroop How;

The House hereupon made this ensuing Order:

"Whereas the Earl of Rutland and Sir Scroope How have submitted the Matters in Difference betwixt them to the Judgement and Determination of this House, which are contained in the Petition of the said Sir Scroope How, now depending: It is this Day ORDERED, That this House will hear Counsel at the Bar, upon the said Matters in Difference betwixt them, on Wednesday next, being the 23th Day of this Instant May, at Ten of the Clock in the Forenoon."

Barret versus L. Loftus.

Upon reading the Petition of Edward Lord Viscount Loftus, of Ely, in Ireland, this Day; praying, "That a Commission may, by Order of this House, be issued under the Great Seal of England, to some of the Lords and Judges, or His Majesty's Learned Counsel in that Kingdom, or other Commissioners, returnable at Michaelmas next, wherein Dacre Barret Esquire may join if he please, to examine the Lady Meredith, Lettice Fcrnley, and other Witnesses (who, being very aged, are not able to travel to attend this House), for proving the Matters set forth in the Answer of the said Lord Viscount Loftus to the Petition of the said Dacre Barret depending in this House against him:"

It is ORDERED, That the said Dacre Barret may have a Copy of the said Petition.

Cusack versus Ld. Dungannon.

Upon reading the Petition of John Cusack Gentleman this Day; praying, "That this House would revive their Order, made the Tenth of November, 1675, whereby the Lord Viscount Dunganon, of Ireland, an Infant, by his Guardian, and Nicholas Boulton of Ireland, were required to put in their Answer, or respective Answers, in Writing, to the Appeal of the said John Cusack, depending in this House against them, which, by reason that the Parliament was soon after prorogued, was not done; and that a Day may be now appointed for that Purpose:"

It is this Day ORDERED, That it be, and is hereby, referred to the Lords Committees appointed to receive and consider of Petitions, to inspect and examine the Steps and Proceedings that have been made and had in this Case, and make Report thereof unto this House.

Darrell versus Whitchcot.

Whereas, by Order of the Ninth of April last, Sir Jeremy Whitchcot Baronet was required to put in an Answer to the Petition of Marmaduke Darrell Esquire, then read, before the End of Easter Weeke; and that this House would hear Counsel, at the Bar, on both Parts, thereupon, on the First Tuesday of the Meeting of the Parliament next after Easter:

It appearing this Day that the said Sir Jeremy Whitchcot hath not put in any Answer as was directed, it is ORDERED, That this House will hear Counsel, at the Bar, in the said Cause, upon the whole Matter, on Friday the Twenty-fifth Day of this Instant May, at Ten of the Clock in the Forenoon; whereof the said Marmaduke Darrell is to cause timely Notice to be given to the said Sir Jeremy Whitchcot, or his Agent in the said Cause.

Smith to be attached, for Words against the Parliament.

Upon Information given to this House, by the Oaths of John Platt, John Robinson, and George Betts, "That Aaron Smith, being within His Majesty's Tower of London, on Sunday the 20th of this Instant May, hath there uttered dangerous and seditious Words against the Being of the Parliament:"

It is thereupon ORDERED, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Body of the said Aaron Smith, and bring him in safe Custody to the Bar of this House, to answer for his said Offence; and this shall be a sufficient Warrant on that Behalf.

To Sir George Charnock, Serjeant at Arms, &c.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 23^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.