House of Lords Journal Volume 13: 4 February 1678

DIE Lunæ, 4 die Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cartwright's Estate Bill.

Hodie 1^a vice lecta est Billa, "An Act for the settling the Personal Estate, Goods, and Chattels Real, of John Cartwright of Aynhoe, in the County of North'ton, Esquire, deceased."

Deeping Fen Bill.

Hodie 2^a vice lecta est Billa, "A supplementary Act for the better draining of Deeping Fenn."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Their Lordships, or any Five of them; to meet To-morrow Morning, at Nine of the Clock, in the Prince's Lodgings; and to adjourn as they please.

Rode's Bill.

Hodie ^a vice lecta est Billa, "An Act, intituled, An Act for Confirmation of a Decree made in the Court of Chancery, the 24th Day of February, A° Regni Regis Car'l 2^di 27°, in a Cause between Sir Francis Rodes Baronet, since deceased, and Dame Martha his Wife, and William Thornton an Insant, by Cyprian Thornton his Guardian, and John Thornton, and the said Cyprian Thornton, Defendants, and of several Conveyances and Assurances made by the said Sir Francis Rodes in Pursuance thereof, as well for Payment of his Debts, as for Provision for his Wife and Children."

ORDERED, That the Consideration of this Bill is committed to these Lords following; videlicet,

Their Lordships, or any Five of them; to meet To-morrow Morning, at Nine of the Clock, in the Lord Chancellor's Lodgings; and to adjourn as they please.

Vacat per Ordinem 13^tii Novembris, 1680, coram

J. Bridgewater.
P. Bath & Wells.
Wm. Peterborough.
Tho. Exon.

*********

The Lord Bishop of Rochester is added to the Committee for the Bill concerning Sir Ralph Bankes' Trustees.

L. Cromwell to attend, for granting a Protection to Milner, not his Servant.

It appearing to this House, "That the Lord Cromwell hath granted a Protection to one Jo. Milner, who is not his Lordship's menial Servant, but a Clerk to a Company of One of the Corporations in London:"

It is ORDERED, That the Lord Cromwell, a Member of this House, be, and is hereby, required personally to attend in this House, upon or before Thursday next, being the Seventh Day of this Instant February, at Ten of the Clock in the Forenoon.

Penalty for Peers granting Protections to Persons not their Servants.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled; That it be referred to the Lords Committees appointed to consider of the Privileges of the Peers of this Realm and Lords of Parliament, to consider and report what Penalty their Lordships shall think fit to be imposed by the House on any Lord that shall grant a Protection to any Person not being his menial Servant, nor one necessarily and properly employed about his Estate.

The House to be called.

ORDERED, That this House shall be called on Tuesday the 12th Day of this Instant February; and that Garter Principal King of Arms is hereby required to prepare a new List of the Nobility of England against that Day, for the Service of the House of Peers.

Count. of Kinnoul versus Count. of Norwich.

Whereas the Countess Dowager of Norwich was, by Order of this House, appointed to attend this Day, to answer to the Petition of Katherine Countess Dowager of Kinnoule, exhibited to this House:

The said Countess of Norwich did this Day appear in this House, and there at the Table did declare, "That she the said Countess of Norwich doth disclaim any Privilege, whereby to obstruct the Execution of a Decree made in Chancery for the Payment of Six Hundred Pounds per Annum, and the Arrears thereof, to the late Earl of Kinnoule, the Petitioner's late Husband, out of the Manor of Waltham, in the County of Essex, or touching the Benefit of the said Decree, which accrues to the said Countess of Kinnoule, as her said Husband's Executrix."

The House was well satisfied therewith.

Blake versus Jenkins.

Whereas, upon hearing of Counsel, at the Bar of this House, on the Second Day of June, 1675, upon the Petition of John Jenkins Esquire and Margaret his Wife, Jane Pringle, and Bryan Gray and Elizabeth his Wife, being an Appeal from a Decree made in the Court of Chancery, on the Thirtieth Day of November, 23° Caroli Secundi, concerning a Rent Charge of Sixty Pounds, issuing out of certain Lands and Hereditaments in Ford, in the County of Northumberland; as also the Counsel of Francis Blake and Elizabeth his Wife, and others, upon their Answer thereunto; this House did then adjudge, "That the said Decree should be affirmed; and that the said Petition and Appeal should be dismissed; and that the said John Jenkins and Margaret his Wife, and the other Petitioners, should pay unto the said Francis Blake and the other Defendants the Sum of Twenty Pounds, lawful Money of England, for their Costs, by reason of the said Appeal unreasonably brought into this House:"

It appearing, by the Petition of the said Francis Blake and the other Defendants, "That the said John Jenkins was duly served with the said Judgement of this House, but refufeth to pay the said Twenty Pounds, (fn. 1) but stands in Contempt of this House for Non-payment thereof;" it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Process shall forthwith be issued out of the Court of Chancery, for levying the said Costs so assessed by this House on the Second Day of June, 1675, according to the Rules of the Court of Chancery in the like Case of levying Costs given by that Court usually practised: And this shall be a sufficient Warrant on that Behalf.

March. Dowager of Winchester, Privilege.

Upon Complaint to this House, and Oath made at the Bar, by Richard Clayton Gentleman, and William Cleburne, "That John Johnson, of London, Coachmaker, within the Time of Privilege of Parliament, caused the said William Cleburne, being a menial Servant to the Marchioness Dowager of Winchester, to be arrested and detained Prisoner, by William Crawford Serjeant at Mace, and Robert Cowper his Yeoman, till he was forced to put in Bail; and that the said John Johnson, William Crawford, and Robert Cowper, refusing to take Notice of the Privilege claimed, used contemptuous Words against the said Marchioness; and that the said Johnson charged the said Serjeant and his Yeoman to detain the said William Cleburne, and he would indemnify them for so doing:"

Johnson & al. to be attached, for arresting Cleburn, her Servant.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Bodies of the said John Johnson, William Crawford, and Robert Cowper, and bring them in safe Custody to the Bar of this House, to answer for their said Offences: And this shall be a sufficient Warrant on that Behalf.

To Sir George Charnock Knight, Serjeant at Arms attending this House, his Deputy and Deputies, and to all Mayors, Sheriffs, Bailiffs, Constables, and other His Majesty's Officers, to be aiding and assisting in the Execution hereof.

Scudamore versus Morgan & al.

Upon reading the Petition and Appeal of John Scudamore Esquire, complaining of a Decree made in the Court of Chancery on the First Day of June last, contrary to the Customs of the Manors of Kenchurch with Lanhitbock, and Wemgenny, in the County of Hereford, as in the said Petition is alledged:

It is ORDERED, That the said John Scudamore do cause present Notice of this his Petition to be given to John Morgan, Peter Gronow, William Webb, John Lambert, and William James, and Lewis Harris, being the Plaintiffs upon whose Bill the said Decree is grounded, who may have a Copy or Copies of the said Petition; to which they are hereby required to put in their Answer, or respective Answers, in Writing, within Seven Days next after Notice given them by the said John Scudamore, or his Agent, for that Purpose.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, 5^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

Huntingdon.
J. Bridgewater.
Craven.
Stafford.