House of Lords Journal Volume 13: 11 April 1678

DIE Jovis, 11 die Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke acquainted the Lords, "That the Lord Chancellor being sick, and not able to perform the Place of Speaker, His Majesty hath granted a Commission, under the Great Seal of England, to the Lord Chief Justice of the Court of Common Pleas, to supply his Place as Speaker."

Which Commission was read, as follows:

Lord Chief Justice of the Common Pleas, Commission to be Speaker.

"CHARLES R.

"Charles the Second, by the Grace of God King of England, Scotland, France, and Ireland, Defen- der of the Faith, &c. To Our Right Trusty and Right Well-beloved Sir Francis North Knight, Chief Justice of Our Court of Common Pleas, Greeting. Whereas Our Right Trusty and Well-beloved Coun- sellor Heneage Lord Finch, Our Lord High Chancel- lor of England, is at this present so infirm in his Body, so that he cannot constantly attend in the Upper House of Our Parliament, at Our City of Westminster, continued, by several Prorogations, from the Two and Twentieth Day of November, in the Seven and Twentieth Year of Our Reign, to the Fifteenth Day of February, in the Nine and Twentieth Year of Our Reign, nor there supply the Room and Place in the said Upper House, amongst the Lords Spiritual and Temporal there now assembled, as to the Office of the Lord Chancellor of England hath been ac- customed; We, minding the same Place and Room to be supplied in all Things as appertaineth, for and during every such Time of his Absence, have named and appointed you, and by these Presents do consti- tute, name, appoint, and authorize you, from Day to Day, and from Time to Time, when and so often as Our said Lord Chancellor shall happen, at any Time or Times during Our said Parliament, to be absent from his accustomed Place in the said Upper House, to occupy, use, and supply, the said Room and Place of Our said Chancellor, in the said Upper House, amongst the Lords Spiritual and Temporal there assembled, at every such Day and Time of his Absence, and then and there, at every such Time, to do and execute all such Things as Our said Chancel- lor of England should or might do if he were there personally present, using and supplying the same Room: Wherefore We will and command you the said Sir Francis North to attend to the said Doing and Execution of the Premises with Effect; and these Our Letters Patents shall be your sufficient Warrant and Discharge for the same in every Behalf. In Witness whereof, We have caused these Our Let- ters to be made Patents.

"Witness Ourself, at Westminster, the Eleventh Day of April, in the Thirtieth Year of Our Reign.

"Barker.

"Per ipsum Regem, propria Manu signat."

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker this Day, in the Absence of the Lord Chancellor.

Lords take the Oaths.

This Day the Earl of Bridgwater, the Earl of Essex, and the Lord Viscount Fauconberg, took the Oaths of Supremacy and Allegiance, and subscribed the Decla- ration against Transubstantiation, pursuant to the Act for preventing the Dangers which may happen from Popish Recusants. Their Witnesses were sworn, and examined by the Lord Chief Justice of the Court of Common Pleas (who this Day supplied the Place of the Lord Chancellor), as to the Truth of their Certi- ficates concerning their receiving the Sacrament of the LORD'S Supper.

Thorold's Bill.

Hodie 2^a vice lecta est Billa, "An Act to enable Trustees to sell Lands, for Payment of the Debts of Sir William Thorold, late of Hough, in the County of Lyncolne, Knight, deceased."

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

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

Partitions Bill.

Hodie 2^a vice lecta est Billa, "An Act for the more easy obtaining Partitions."

ORDERED, That the Consideration of this Bill be committed to the same Committee as the Bill concerning Sir W'm Thorold's Estate is.

Darrell versus Whitchcot.

ORDERED, That the Reply of Marmaduke Darrell, to the Answer of Sir Paul Whitchcot, be read To-mor- row Morning.

Kelshall Town, charitable Uses, Bill.

Upon Information given to this House, "That some of the Persons attending the Lords Committees ap- pointed to consider of a Bill for settling certain chari- table Uses, for the Benefit of the Town of Kelshall, in Suffolke, have produced a Certificate from di- vers Justices of Peace and Inhabitants of the said Town, desiring that the said Bill may pass: And some other Persons produced a Certificate desiring that the said Bill may not pass, the Lands being already set- tled by a Decree in Chancery:"

It is ORDERED, by the Lords Spiritual and Tempo- ral in Parliament assembled, That each Side shall forth- with give to the other Copies of the said Certificates produced; to the End that the Lords Committees may at their next Sitting be satisfied of the Truth of the Subscriptions made to the said Certificates respectively.

Denyes versus Sir A. Frazier and Denyes.

Upon hearing Counsel, at the Bar, upon the Peti- tion and Appeal of Frances Denyes, and the Answer of Sir Alexander Frazier thereunto, depending in this House, concerning a Decree made in the Court of Chancery on the Behalf of the said Sir Alexander Fra- zier, as Guardian to Bridget Denyes, an Ideot:

After some Consideration had of what was offered this Day on either Part thereupon, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assem- bled, That this House will hear Counsel again, on Tues- day the 16th of this Instant April, at Ten of the Clock in the Forenoon, to urge such Precedents of the Court of Chancery as they shall think fit to offer to the Con- sideration of this House, on the Behalf of the said Sir Alexander Frazier, pertiment to the present Case; and that the said Sir Alexander Frazier shall cause Copies or Notice of such Precedents to be delivered to the Pe- titioner's Counsel on Monday next, being the 15th In- stant, to the End that the House may receive full Satis- faction in that Point at the Time aforesaid.

Thanks to the Bishop of St. David's, for his Sermon.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House be given to the Lord Bishop of St. David's, for his Sermon preached Yesterday in the Abbey Church at Westminster, before the House of Peers, it being ap- pointed by His Majesty to be observed as a Public Fast- day in the Cities of London and Westminster; and his Lordship is desired by this House to print and publish his said Sermon.

Neilder versus Kendall.

Whereas this House had appointed to hear Counsel, on the Merits of the Cause, upon the Petition of Henry Neilder and Johanna his Wife, Plaintiffs, against Thomas Kendall and Mary his Wife, Defendants, on Saturday the 13th Instant:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel on both Parts, at the Bar, on the Merits of the said Cause, on Thursday the 18th Day of this Instant April, at Ten of the Clock in the Forenoon; whereof the said Parties are to take Notice, and at- tend with their Counsel accordingly.

Nevile versus Nevile.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause which was ap- pointed to be heard To-morrow, upon the Petition of Richard Neville Esquire, Plaintiff, against Anne Neville Widow, Defendant, be, and is hereby, put off to Wednesday the 17th Day of this Instant April, at Ten of the Clock in the Forenoon; whereof both the said Parties are to take Notice, and attend with their Counsel accordingly.

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. de- claravit præsens Parliamentum continuandum esse in diem Lunæ, 15^um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.