House of Lords Journal Volume 13: 12 March 1678

DIE Martis, 12 die Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Fines and Recoveries, Bill.

The Lord Privy Seal reported, "That the Committee have considered the Bill for the better Assurance of such as claim under ancient Fines and Recoveries; and have thought sit to make some few Amendments therein."

Which, being read Twice, were Agreed to.

Then,

Hodie 3^a vice lecta est Billa, "An Act for the better Assurance of such as claim under ancient Fines and Recoveries."

The Question being put, "Whether this Bill shall pass, with these Amendments?"

It was Resolved in the Affirmative.

Creditors to recover Debts of Executors, &c. Bill.

Hodie 3^a vice lecta est Billa, "An Act to enable Creditors to recover their Debts of the Executors of Administrators of Executors de son Tort demesne."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Ld. Cullen's Bill.

The Earl of Glarendon reported, "That the Committee for the Bill concerning the Lord Viscount Cullen have, upon the Recommitment, made some Amendments in the said Bill, which are offered to the Consideration of the House."

Which, being read Twice, were Agreed to.

Hodie 3^a vice lecta est Billa, "An Act to enable the Trustees of Brian Viscount Callen, of the Realm of Ireland, to sell or dispose of Lands in Elmesthorpe, in the County of Leicester, for the Payment of Debts, and raising a Portion for his Daughter."

The Question being put, "Whether this Bill, with these Amendments, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with these Bills and that the Lords have passed Winsteed Manor Bill.

A Message was sent to the House of Commons, by Sir Samuell Clerke and Sir William Childe; to deliver these Bills following:

1. The Bill to enable Creditors to recover their Debts of the Executors of Administrators of Executors; and to desire Concurrence thereunto.

2. The Bill for the better Assurance of such as claim under ancient Fines and Rocoveries; to which Concurrence is desired.

3. To return the Bill to enable Trustees of the Lord Viscount Cullen to sell or dispose of Lands, for the Payment of Debts, &c. to which the Lords do agree, with some Amendments.

4. To acquaint them, that the Lords have agreed to the Bill for discharging the Manor of Winsteede, in the County of Yorke, from a Settlement in Taille, and charging other Manors and Lands in the County of Lyncolne, of a greater Value, with the same Uses, without any Alteration.

The Duke of Norfolke is added to the Committee for the Bill for the better Settlement of the Employment of the Real and Personal Estate of Henry Smith Esquire: Likewise the Marquis of Winton is added to this Committee.

Highways Bill.

The Bill for mending the Highways shall be read the Second Time To-morrow Morning.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Palmes and others; who brought up a Bill, intituled, "An Act for the better and more easy collecting the Duty of Hearth-money;" to which their Lordships Concurrence is desired.

The Bill concerning Pluralities to be read the First Time To-morrow.

Poll Bill, and to prohibit French Commodities.

The House was adjourned into a Committee, to proceed in the Consideration of the Bill for raising Money by the Poll.

The House being resumed;

The Lord Privy Seal reported, "That the Committee have taken the Bill for raising Money by the Poll into Consideration; and they have made some small Amendments, which are offered to the Consideration of the House;" and being read Twice, were Agreed to.

And the House named an Addition of Lords to be Commissioners for assessing the Peers, in the Place of those Lords who are deceased since the last Poll Bill.

ORDERED, That this Poll Bill be read the Third Time To-morrow Morning.

Nevile versus Nevile.

Upon reading the Petition of Richard Neville Esquire; praying, "That a Day may be appointed, to hear Counsel, upon the Appeal of the said Richard Neville, from a Decree made in the Court of Chancery, on the 11th Day of July last, on the Behalf of Anne Neville Widow; and the Plea and Demurrer of the said Anne Neville put in thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House hear Counsel, on both Parts, at the Bar, thereupon, on Friday the 15th Day of this Instant March, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause timely Notice to be given to the said Anne Neville for that Purpose.

Ld. Fitzwalter, Privilege. Richmond et al. discharged.

Whereas William Richmond, John Mannester, Lambert Archer, and John England, were this Day brought to the Bar, in Custody, for violating the Right and Possession of the Lord Fitzwalter, a Peer of this Realm, by their unlawful fishing in the River of Burnham, alias Walsleete, in the County of Essex, and other Enormities by them (with others) there committed, within the Time of Privilege of Parliament, contrary to the said Privilege:

It appearing, by the Intercession of the said Lord Fitzwalter on their Behalf, that they have submitted themselves to his Lordship, and obtained his Pardon; they having also begged the Pardon of this House, and received the Reprehension of this House for their said Offences; it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Richmond, John Mannester, Lambert Archer, and John England, and every of them, paying his Fees, be, and are hereby, discharged from their present Restraint for their said Offences; and this shall be a sufficient Warrant on that Behalf.

To Sir Edw. Carterct Knight, Gentleman Usher of the Black Rod, attending this House, his Deputy and Deputies, and every of them.

Smith, committed for Words against the Parliament, discharged.

Upon reading the Petition of Aaron Smith, now in the Custody of the Gentleman Usher of the Black Rod attending this House, for dangerous and seditious Words by him spoken against the Being of this Parliament, expressing his great Sorrow that he is justly fallen under the Displeasure of this Honourable House, and humbly praying that he may, by their Lordships Mercy and Clemency, be restored to his Liberty:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Aaron Smith 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 Edw. Carteret Knight, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.

E. of Carlile, Privilege: Powel, his Secretary, released.

This Day Rowland Powell (who was Yesterday, by Order of this House, discharged out of Prison, being owned by the Earl of Carlile to be his Lordship's Secretary) appeared at the Bar, with the other Persons complained of concerning his Arrest, where he gave the House an Account of the Privilege claimed by him, and of the Deportment of Mr. Hardisty the Under Sheriff, and of Thomas Forster the Attorney employed in the said Arrest, who undertook to indemnify the Under Sheriff and Bailiffs, saying, "He had been lately before the House of Lords, and he knew the Way thither again."

The Parties, being fully heard, withdrew.

Foster et al. reprimanded

And the House ORDERED, That Rowland Powell should stand discharged from his Arrest; and that the said Thomas Foster should be brought to the Bar, and, kneeling, receive the Reprehension of the House for his saucy and insolent Words; and that he and the rest should ask the Pardon of this House and the Earl of Carlile.

They being all brought in again, the said Thomas Foster received the Reprehension of the House, and he and the rest immediately asked Pardon of the House, and the Earl of Carlile; and so were all dismissed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 13^um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

J. Bridgewater.
Clarendon.
Stafford.