House of Lords Journal Volume 13: 14 February 1678

DIE Jovis, 14 die Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with Bills;-and to return some.

A Message was brought from the House of Commons, by Sir Charles Wheeler and others; who brought up several Bills, as follow:

1. To return a Bill sent from this House, "intituled, An Act to enable Trustees to raise Money upon Cobham House and Parke;" wherein the Commons have made some small Amendments, wherein they desire their Lordships Concurrence.

2. A Bill sent down from this House, "intituled, An Act for the vesting of certain Manors and Lands of Edward Bedell, of Woodrising, in the County of Norff. Esquire, in certain Trustees, to be sold, for Payment of his Debts, and for raising of Portions for Diana Bedell, Isabell Bedell, and Anne Bedell, Infants, Daughters of the said Edward Bedell, and for such other Children as shall hereafter be begotten by the said Edward Bedell upon the Body of Isabella Bedell his now Wife;" to which Bill the Commons do agree, without any Amendments.

3."An Act for the ascertaining and establishing of the Interest of the Lord and Copyhold Tenants of the Manors of West-Derby and Wavertree, in the County Palatine of Lancaster, in relation to their Fines and Commons;" to which the Commons agree, without any Amendments.

4. "An Act to enable the Trustees of Brian Viscount Cullen, of the Realm of Ireland, to sell or dispose of Lands in Elmsthorpe, in the County of Leicester, for the Payment of Debts, and raising a Portion for his Daughter;" to which the Commons desire their Lordships Concurrence.

5. "An Act for Discharge of Persons in Prison for Debt before the Second of February, One Thousand Six Hundred Seventy-seven;" to which the Commons desire their Lordships Concurrence.

6. "An Act for the better Assurance of such as claim under ancient Fines and Recoveries;" to which their Lordships Concurrence is desired.

Vacat per Ordinem 13^th Novembris, 1680, coram

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

*********

Sir R. Bankes' Bill.

ORDERED, That the Committee for the Bill concerning Sir Ralph Bankes, Estate be revived, and are to meet this Afternoon; and the Lord Great Chamberlain, the Lord Gerard, and the Lord Byron, are added to the Committee for the said Bill.

The Lord Great Chamberlain is added to the Committee for Mr. Cartwright's Bill.

Barret versus L. Loftus.

This Day being appointed to consider what Judgement to give in the Cause between Dacre Barret, and the Lord Viscount Loftus of the Kingdom of Ireland, which was fully heard by Counsel on both Parts on Monday last; and, after a mature Debate and Consideration of the whole Matter,

The Question being put, "Whether this Petition of Dacre Barret depending in this House against the Lord Viscount Loftus, shall be dismissed?"

It was Resolved in the Affirmative.

Protest against dismissing this Cause.

Dissentientibus,

"Peterborow.

"Stafford.

"J. Frescheville.

"P. Bathon. et Wellen.

"R. Cicestrensis."

Barret versus L. Loftus.

Upon hearing of Counsel, at the Bar of this House, in the Cause upon the Petition of Dacre Barret, alias Leonard, Esquire; praying "the reversing of a Judgement given in this House on the Third Day of May in the Year One Thousand Six Hundred Forty and Two, on the Behalf of Edward Lord Viscount Loftus of Ely in the Kingdom of Ireland, whereby a Decree made at the Council Table in Ireland, in the Year One Thousand Six Hundred Thirty and Seven, on the Behalf of Sir John Gifford, prochein Amy to Anne Mother of the said Dacre Barret, is reversed and set aside; as also upon hearing the Counsel of the said Lord Loftus, concerning the said Judgement and Decree:"

After due Consideration had of what was offered on either Side in the said Cause, it is this Day Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Dacre Barret, alias Leonard, be, and is hereby, dismissed this House.

Marchioness of Winton, Privilege: Johnson and others released.

This House being moved, on the Behalf of John Johnson, of London, Coachmaker, William Crawford Serjeant at Mace, and Robert Cowper his Yeoman, now in the Custody of the Serjeant at Arms attending this House, for arresting William Cleyburne, menial Servant to the Marchioness Dowager of Winchester, within the Time of Privilege of Parliament, contrary to the said Privilege, and uttering contemptuous Words against the said Marchioness, "That they, having made their humble Submission to her, wherewith her Honour is satisfied, may be discharged:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Johnson, William Crawford, and Robert Cowper, be, and are hereby, discharged from their present Restraint for the said Offence, paying their Fees; 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 every of them.

Count. of Dorset's Privilege: Sir W. Royston & al. to attend.

Whereas Sir William Royston, One of the Sheriffs of London, was, by Order of this House, appointed to appear at the Bar this Day, upon the Complaint of the Countess Dowager of Dorset preferred against him:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir William Royston be, and is hereby, required to appear at the Bar, to answer to the said Complaint, on Monday next, at Ten of the Clock in the Forenoon: And it is further ORDERED, That William Wakeling, John King, and John Rand, now in the Custody of the Serjeant at Arms attending this House, for Offences by them committed, and sworn against upon the said Complaint, are hereby required to appear, at the Bar of this House, on Monday next at Ten of the Clock; and that in the mean Time they may be freed from further Charge or Restraint, paying their Fees now due; 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 every of them.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 15^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.