House of Lords Journal Volume 13: 19 February 1678

DIE Martis, 19 die Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Deeping Fen Bill.

The Committee for the Bill concerning Deeping Fen is to meet on Saturday Morning next.

Message from H. C. with Bills; and to return L. Morley's, and the Fishing Bill.

A Message was brought from the House of Commons, by Sir John Trevor, &c. which consisted of these Particulars:

1. "An Act for Continuance of Two former Acts, for preventing of Theft and Rapine upon the Northern Borders of England;" to which their Lordships Concurrence is desired.

2. To return a Bill, intituled, "An Act to enable the Right Honourable Thomas Lord Morley and Mounteagle, Baron of Rye, to make Sale of the Manor of Farleton, and certain Lands and Hereditaments in Farleton, in the County of Lancaster, for Payment of Debts;" to which the Commons agree with their Lordships, without any Alterations.

3. To return an Act, intituled, "An Act for Preservation of the Fishing in several Rivers of this Kingdom;" to which the Commons agree, with some Amendments, and desire Concurrence.

4. A Bill intituled, "An Act to enable Francis Brend Esquire, the surviving Son and Issue Male of Sir Mathew Brend Knight deceased, to sell certain Lands for the raising of Three Thousand Pounds, for the Portions of Frances and Elizabeth Brend, the Daughters of Thomas Brend Esquire deceased, late Elder Brother of the said Francis Brend;" to which their Lordships Concurrence is desired.

Bill to prevent the Growth of Popery.

ORDERED, That the Bill for preventing the Growth of Popery shall be read the First Time To-morrow Morning.

Atkinson versus Purcas, in Error.

Upon reading the Petition of Benjamin Purcas, Defendant in a Writ of Error depending in this House, wherein Peter Atkinson is Plaintiff; praying, "That a Day may be appointed to hear the Errors assigned thereon argued:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel at the Bar, on both Parts, to argue the said Errors, on Saturday the 23th of this Instant February, at Ten of the Clock in the Forenoon; whereof the now Petitioner is to cause timely Notice to be given to the said Peter Atkinson, or his Attorney in the said Cause.

Moore versus Shalcross, in Error.

Upon reading the Petition of Richard Shalcross, Defendant in a Writ of Error depending in this House, wherein Richard Moore is Plaintiff; praying, "That a Day may be appointed to hear the Errors assigned thereon argued:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel at the Bar, on both Parts, to argue the said Errors, on Saturday the 23th of this Instant February, at Ten of the Clock in the Forenoon; whereof the now Petitioner is to cause timely Notice to be given to the said Richard Moore, or his Attorney in the said Cause.

Countess of Dorset versus Sir W. Royston & al. for entering her Manor of Dorset Court, Privilege.

This Day Sir William Royston, One of the Sheriffs of London, with others, appearing at the Bar, upon the Complaint of the Countess Dowager of Dorset, concerning his entering with a great Number of Attendants into her Manor of Dorset Court, in November last, contrary to Privilege:

This House, having heard by Witnesses what was objected against him, and also having heard him make his Defence thereunto, was satisfied therewith; and dismissed him and the other Persons summoned to appear upon the same Complaint from any further Attendance concerning this Matter.

Lord Fitzwalter, Privilege.

Whereas upon the Complaint made to this House, That the Lord Fitzwalter, a Peer of this Realm, being possessed of the Manor of Burnham, with the River of Burnham, alias Walfleete, is disturbed in his Possession and Fishing in the said River, and that several Outrages were committed by John Mott and William Arnold of Barking, John England, John Mannester, Lambert Archer, and William Richmond, of Paglesham; which being proved upon Oath, it was on the Eighth Instant ordered, that the said Persons Offenders should be brought in safe Custody to the Bar of this House, for their said Offences:

Order to quiet his Possession of Burnham Fishery, &c. and to attach Mott, Arnold, & al.

It appearing this Day, by the Oaths of William Garnet, John Harwood, Thomas Bartlet, and George Webb, being Persons employed by Sir George Charnock Knight, Serjeant at Arms attending this House, for the apprehending the said Offenders, "That, in the Execution of the said Order, they were beaten by the said William Arnold, assisted by a great Number of Fishermen and their Servants with Clubs and Hedge Stakes, and that William England was rescued from them by Force, and that some others of the said Offenders they could not find;" upon Consideration had hereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Possession of the said Lord Fitzwalter, in the Manor of Burnham, with his Right of Fishing in the said River of Burnham, alias Walfleete, be quieted to him from Time to Time by the Assistance of the Sheriff of Essex, as any Occasion or Disturbance shall arise thereupon: And it is further ORDERED, That the said Serjeant at Arms, or his Deputies thereunto appointed, taking to their Assistance the Sheriff of the said County of Essex, with such Force and Aid as he can legally raise (which the said Sheriff of Essex is hereby required to give to the full Execution of this Order), shall forthwith attach the Bodies of the said John Mott, William Arnold, John England, John Mannester, Lambert Archer, and William Richmond, and bring them to the Bar of this House for their said Offences, and Contempt of this High Court; 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 the Sheriff of the County of Essex for the Time being, as also to all Mayors, Bailiffs, Constables, and other His Majesty's Officers, to be aiding and assisting in the Execution hereof.

E. of Essex, Privilege.

This Day being appointed to hear Serjeant Baldwin, and John Cooke Attorney for the Duke of Monmouth, upon some Proceedings had in the Court of Common Pleas concerning some Lands in the County of Northumberland, now in Possession of Arthur Earl of Essex, contrary to the Privilege claimed by the said Earl of Essex for the Stay thereof:

Order to set aside a Rule of the Common Pleas, obtained by the D. of Monmouth.

It appearing, by the Consession of the said John Cooke, "That on the Ninth of February Instant a Rule was made in the said Court of Common Pleas, That unless the Tenants of the said Lands belonging to the Earl of Essex shall appear by an Attorney of that Court on Monday then next following, and receive a Declaration, and consent to the common Rule of acknowledging the Lease, Entry, (fn. 1) an actual Ouster upon the Trial to be had, Judgement shall be entered against the casual Ejector, according to a former Rule of that Court; and that the Issue thereupon to be joined shall be tried at the Bar of that Court the next Term, unless Cause be shewed to the contrary;" upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Rule of the Court of Common Pleas, made in the said Cause, upon the said Ninth of February Instant, contrary to the Privilege claimed by the Earl of Essex, and all Proceedings had in the said Court relating thereunto, be, and are hereby, set aside; and further, that it is recommended to the Lord Chief Justice of the Common Pleas to take Care, that this Order be duly observed and put in Execution.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 20^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.