House of Lords Journal Volume 13: 22 February 1678

DIE Veneris, 22 die Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Count. of Lincoln's Nat. Bill.

The Earl of Clarendon reported, "That the Committee have considered the Bill for naturalizing the Countess of Lyncolne, to which they have added the Names of some other Persons to be naturalized."

Which Names, being read Twice, were Agreed to; and the Bill ordered to be engrossed, with those Names.

Northern Borders Bill.

Hodie 2^a vice lecta est Billa, "An Act for Continuance of Two former Acts for preventing Thefts and Rapine on the Northern Borders of England."

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

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

Kelshall Town, charitable Uses, Bill.

Hodie 1^a vice lecta est Billa, "An Act for settling certain charitable Uses, for the Benefit of the Town of Kelshall."

Shalcross's Bill.

Hodie 2^a vice lecta est Billa, "An Act for settling divers Manors, Farms, and Lands, in the County of Hertford, now in the Possession of Francis Shalcross Esquire, and for making Provision for Younger Children, and Payment of Debts."

ORDERED, That the Consideration of this Bill is committed to these Lords following; who are to hear all Parties concerned, and to take Care that Infants be not prejudiced or disinherited:

Their Lordships, or any Five of them; to meet Tomorrow, at Three of the Clock in the Afternoon, in the Lord Chancellor's Lodgings near the House of Peers; and to adjourn as they please.

Ld Cullen's Bill.

Hodie 2^a vice lecta est Billa, "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 Leycester, for the Payment of Debts and raising a Portion for his Daughter."

ORDERED, That the Consideration of this Bill is committed to the same Committee as Mr. Shalcrosse's Bill is.

Bill for Discharge of Prisoners for Debt.

Hodie 1^a vice lecta est Billa, "An Act for Discharge of Persons in Prison for Debt before the Second of February, One Thousand Six Hundred Seventyseven."

The Question being put, "Whether this Bill shall be rejected?"

It was Resolved in the Negative.

The Earl of Essex is added to the Committee for the Bill concerning Deeping Fenns.

Sir Ralph Bankes' Bill.

ORDERED, That the Lord Chief Justice of the Court of Common Pleas, is appointed to assist the Lords Committees for the Bill concerning Sir Ralph Bankes' Estate, To-morrow Morning.

Bulkley versus Bulkley, in Error.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel on both Parts, at the Bar, upon the Petition and Writ of Error depending in this House, wherein William Bulkley is Plaintiff, and Bartholmew Bulkley is Defendant, To-morrow, at Ten of the Clock in the Forenoon.

Vacat per Ordinem 13^tii Novembris, 1680, coram

J Bridgewater.

P. Bath & Wills.

Wm Peterborough.

Tho. Exon.

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L Frescheville, Precedency

The Lord Frescheville's Cause is to be heard on Tuesday Morning next.

L. V. Stafford, Privilege

The House being moved, on the Behalf of John Cox, of Tarlton, in the County of Gloucester, Attorney at Law, now in the Custody of the Serjeant at Arms attending this House, for a Breach of Privilege by him committed against the Lord Viscount of Stafford, "That having submitted himself to the said Lord Stafford, and obtained his Pardon, he may be discharged."

Cox released.

It appearing, by the Intercession of the said Lord Stafford for him, that his Lordship hath accepted his Submission, and is content that he be discharged; it is thereupon ORDERED, That the said John Cox be, and is hereby, discharged from his present Restraint for his said Offence, paying his 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.

Scudamore versus Morgan, James, et al

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, on both Parts, upon the Petition and Appeal of John Scudamore Esquire, from a Decree made in the Court of Chancery, the First of June last, relating to the Customs of the Manor of Kencurch with Lamthock, and Wemgenny, in the County of Hereford, and the Answers of John Morgan, William James, Peter Grenow, Walter Webb, John Lambert, and Lewis Harris, depending in this House, on Saturday the Second Day of March next, at Ten of the Clock in the Forenoon; whereof the said Petitioner John Scudamore is to cause timely Notice to be given to the said Defendants for that Purpose.

Order to prevent Stoppages in the Streets leading to this House

Whereas Complaint is made unto this House, "That there is such Interruption, by Hackney Coaches, Carts, and Diays, in Kingstreate, and the Passage to The Old Pallace Yard in Westminster, that the Lords and others are frequently hundered from coming to Parlament to the Disservice of the King and Kingdom, and great Inconvenience of the Members of Parliament, passing to and from the Houses of Parliament."

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westm. or his Deputy, together with the Justices of the Peace of the said City, shall, by their Care and Directions to the Constables within the said Limits, take special Order, that no empty Hackney Coaches be suffered to make any Stay between Whitehail and The Old Pallace Yard in Westminster, from Nine of the Clock in the Forenoon, till Two in the Afternoon the same Day, during the Sitting of the Parliament; and that no Carriages by Carts or Drays be permitted to pass through the said Streets and Passages, between the Hours aforesaid, during the Sitting of the Parliament; and herein a special Care is to be taken by the said Justices and Constables, as the contrary will be answered to this House.

Deane et al. versus Symonds, in Error

Upon hearing Counsel this Day at the Bar, for John Deane, William Campe, and others, Plaintiffs in a Writ of Error brought into this House, wherein William Symonds is Defendant, upon the Errors assigned, and Diminution alledged by the said Plaintiffs, as also for the Defendant William Symonds:

After due Consideration had of what was offered on either Part thereupon, the Lords Spiritual and Temporal in Parliament assembled do order and adjudge, That the Judgement of the Court of King's Bench given for the said William Symonds recited in the Transcript to the said Writ of Error annexed be, and is hereby, affirmed; and that the said Writ of Error and Transcript annexed be remitted to the Court of King's Bench, to the End the said William Symonds may have Execution of the said Judgement, as if no such Writ of Error had been brought; and further, that the Court of King's Bench is hereby appointed to tax Costs to the said William Symonds, by reason of the Delay of Execution of the said Judgement, by bringing the said Writ of Error into this House.

Adjourn.

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

Hitherto examined by us,

Anglesey, C. P. S.
J. Bridgewater.
Clarendon.
Stafford.