House of Lords Journal Volume 13: 10 May 1678

DIE Veneris, 10 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir John Banks Bill.

The Amendments made by the House of Commons in the Bill concerning the settling of the Estate of Sir John Banks deceased, were read Thrice, and Agreed to.

ORDERED, That the Bill for the better collecting of Hearth-money be read the Second Time on Monday Morning next.

Sir W. Thorold's Bill.

The Earl of Aylesbury reported, "That the Committee hath considered the Bill for selling the Lands of Sir William Thorold, deceased; wherein they have thought sit to make some Alterations, which are offered to the Consideration of the House."

The said Amendments were read Thrice, and Agreed to.

Hodie 3^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, deceased."

The Question being put, "Whether this Bill, with the Amendments now read, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it; and that the Lords agree to Sir J. Banks Bill.

A Message was sent to the House of Commons, by Sir Edward Lowe and Sir John Francklyn:

1. To acquaint them, that the Lords do agree with them in the Amendments made in the Bill concerning the settling the Estate of Sir John Bankes, deceased.

2. To return the Bill for Payment of the Debts of Sir William Thorold, with some Amendments; to which the Concurrence of the House of Commons is desired.

The Earl of Chesterfield was excused for his Absence.

Committees revived.

ORDERED, That all Committees are revived, and are to meet this Afternoon; and may adjourn themselves to what other Times they think fit.

The Lord Wharton is added to the Committee for the Bill concerning the charitable Use of the Town of Kelshall.

Private Business.

ORDERED, That the late Order for suspending of Private Business for some Time is hereby revoked.

Villiers' Claim to the Title of Viscount Purbeck.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the King's Attorney General, on His Majesty's Behalf, upon the whole Matter of Fact and Law, relating to the Claim made to the Title of Viscount Purbecke, on Wednesday the Fifteenth Day of this Instant May, at Ten of the Clock in the Forenoon.

Gent versus Eliz. Clifford, protected by the E. of Pembroke.

Upon reading the Petition of William Gent, complaining of a Protection granted by the Earl of Pembrooke to Elizabeth Clifford, Debtor to the said William Gent, and an Housekeeper in St. Martin's Parish, and not Servant to the said Earl, as in the said Petition is alledged:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner cause Notice hereof, and a Copy of his Petition, to be given to the Earl of Pembrooke, by leaving a Copy of this Order at his Lordship's House, to the End his Lordship may thereupon signify to this House, whether the said Elizabeth Clifford be his menial Servant, or no.

Denyes versus Sir A. Fraizer and Denyes.

Whereas, upon hearing Counsel upon the Petition of Frances Denyes, and the Answer of Sir Alexander Fraizer thereunto, it was, on the Eleventh Day of April last, ordered to hear Counsel again, to urge such Precedents of the Court of Chancery as they shall think fit to offer to the Consideration of this House, on the Behalf of the said Sir Alexander Fraizer pertinent to the present Case:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, upon the same Point, on Thursday the Sixteenth Day of this Instant May, at Ten of the Clock in the Forenoon; whereof the Parties concerned are hereby required to take Notice, and attend accordingly.

Counsel to plead at the Bar, to be only Three on a Side.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That in all Cases wherein this House shall think fit and appoint to hear Counsel at the Bar, no Person whatsoever concerned to be heard on either Side shall retain above Three Counsellors to open or speak in his Cause, at One Time of appearing at the Bar of this House, for the future.

Lawrence & al. versus Berney.

Upon reading the Petition of Thomas Laurance, Carina Hetley, and Thomas Rolt, being an Appeal to this Court upon the Non-execution of a Decree under which they claim, made in the Court of Chancery in 1650, whereby the said Decree (which is not nor cannot be reversed) is rendered fruitless to them, and one John Berney Esquire hath got into Possession of their Estate by a Surprize, as in their Petition amongst other Things it is alledged:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Berney may have a Copy of the said Petition, who is hereby required to put in an Answer in Writing to the Matters in the said Petition set forth, on Friday the Twenty-fourth Day of this Instant May, at Ten of the Clock in the Forenoon; and that the Petitioners cause timely Notice to be given to the said John Berney, by leaving a Copy of this Order at his House, which shall be a sufficient Summons for that Purpose.

Cottington versus Gallina his Wife.

Upon reading the Petition of Charles Cottington Esquire, appealing from a Judgement of the Commissioners Delegates, concerning a Contract of Marriage made between him and one Angela Margerita Gallina, whom the Judge of the Court of Arches here and the said Delegates have adjudged to be his Wife, and other Matters in the said Petition set forth:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Privileges, to consider whether this Cause be properly brought before this House; whose Lordships are to hear His Majesty's Attorney General, and Advocate upon that Point, and also the Counsel of the Petitioner to maintain the Propriety of the Appeal, if he think fit; and their Lordships to make Report thereupon unto the House.

Forster & al. versus Armorer & al.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, upon the Petition of John Forster Esquire, Robert Clarke, George Clarke, and others, being an Appeal from a Decree of the Court of Chancery for the County Palatine of Durham, made on the Behalf of Thomas Armorer, Jane Pringle, and others, concerning some Estates settled by Thomas Carr Esquire, deceased, Lord of the Manor of Cornhill, in the said County Palatine, and other Matters in the said Petition contained, on Friday the 17th Day of this Instant May, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause timely Notice to be given to the said Thomas Armorer, Jane Pringle, and other Persons concerned, or their Agent in the said Cause.

Starr versus Sherwell.

Upon reading the Petition of Robert Starr; praying, That a Day may be appointed, to hear his Cause depending in this House, being an Appeal from a Decree made in the Court of Chancery on the Behalf of Thomas Sherwell, who hath put in an Answer thereunto, to which the said Robert Starr hath put in a Replication:"

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, upon the said Petition, Answer, and Replication, on Friday the 24th Day of this Instant May, at Ten of the Clock in the Forenoon; whereof the said Robert Starr is to cause timely Notice to be given to the said Thomas Sherwell for that Purpose.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 11^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.