House of Lords Journal Volume 13: 17 November 1675

DIE Mercurii, 17 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Squib's Estate Bill.

Upon Report, "That the Committee appointed to consider of the Bill to enable George Savage, Humphrey Newman, and William Dowling, to fell certain Lands and Tenements, lying in Winterborne Whitchurch, within the County of Dorset, late the Estate of Laurance Squib Esquire, deceased, being in Consideration of that Bill, do find some Difficulty in Points of Law; therefore desire that One of the Judges may be appointed to assist them therein:"

Hereupon it is ORDERED, That Mr. Justice Windham is appointed to assist the Committee therein.

Bill against Foreign Manufactures.

The Earl of Ailesbury reported, "That the Committee for the Bill against Foreign Manufactures have made some Alterations therein; which are offered to their Lordships Consideration."

And being read Twice, were Agreed to; and the Bill ordered to be engrossed.

Davies' Estate Bill.

Hodie I^a vice lecta est Billa, "An Act for vesting Lands of Alexander Davies Gentleman, deceased, in Trustees, for Payment of his Debts."

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Streat and others; who brought up a Bill, intituled, "An Act for Preservation of the Fishing in several Rivers of this Kingdom."

L. Maynard's Bill.

Hodie 3^a vice lecta est Billa, "An Act for rectifying a Mistake in a general Settlement of the Estate of the Lord Maynard, upon the Marriage of his Son."

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

It was Resolved in the Affirmative.

Message to H. C. with it and that the Lords have passed the Countess of Warwick's.

A Message was sent to the House of Commons, by Sir Edward Low and Sir Samuell Clerke:

To deliver to them the Bill concerning the Lord Maynard, and to desire their Concurrence therein.

Also to let them know, that this House hath passed the Bill concerning the Countess of Warwick.

Fishing Bill.

Hodie 1^a vice lecta est Billa, "An Act for Prefervation of the Fishing in several Rivers of this Kingdom."

New Buildings in London, for prohibiting, Bill.

Hodie 2^a vice lecta est Billa, "An Act for prohibiting building on new Foundations in London, Westm. and Suburbs, and late Lines of Communication."

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

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

Bill to continue the one for avoiding unnecessary Suits, &c.

Hodie 2^a vice lecta est Billa, "An Act to revive and perpetuate a former Act, intituled, An Act for avoiding unnecessary Suits and Delays."

ORDERED, That the Consideration of this Bill is committed to the same Committee as the Bill against new Buildings is.

Sheriffs, &c. to plead the General Issue, Bill.

Hodie I^a lecta est Billa, "An Act for Sheriffs and other Officers to plead the General Issue in some Cafes."

The Judges Report, concerning Taylor:

The Lord Chief Justice of the Court of Common Pleas reported, "That the Judges, in Pursuance of the Order of this House, dated the 20th of May, 1675, have considered how and in what Manner John Taylor may be proceeded against; and their Opinion is as followeth:

"We are of Opinion, That John Taylor may be proceeded against in the King's Ecclesiastical Courts, for the horrid Words mentioned in the Examinations to be by him spoken.

"We are also of Opinion, That inasmuch as many of the said Words tend immediately to the Destruction of all Religion and Government, that the said John Taylor may be proceeded against, by Way of Indictment or Information, in the King's Temporal Courts, as for an high Misdemeanor."

Upon Consideration of the abovesaid Report, the House made this ensuing Order; videlicet,

Taylor to be indicted for Blasphemy.

"Whereas John Taylor was, by Order of the 14th Day of May last, committed to the Hospital of Bedlam, alias Bethlem (as a Madman), for uttering Blasphemous Words; and, upon Information from the Physician belonging to the said Hospital, that the said John Taylor is not mad, it was referred to the Judges, to consider how, and in what Manner, the said John Taylor is to be proceeded with, and make Report unto this House: Upon Report made this Day by the Lord Chief Justice of the Court of Common Pleas concerning the said John Taylor, That inasmuch as many of the Words by him spoken tend immediately to the Destruction of all Religion and Government, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Attorney General be, and is hereby, directed to prosecute the said John Taylor, by Indictment or Information, according to Law."

L. Treasurer takes the Oaths.

This Day the Lord High Treasurer of England took the Oaths of Supremacy and Allegiance, and subscribed the Declaration against Transubstantiation, pursuant to the Act for preventing the Dangers which may happen from Popish Recusants. His Witnesses were first sworn at the Bar, and examined by the Lord Keeper, as to the Truth of his Certificate concerning his Lordship's receiving the Sacrament of the LORD'S Supper.

Heads for securing the Protestant Religion.

This Day being appointed for the House to be in a Committee, to proceed in the further Consideration of Heads in order to a Bill or Bills for the better securing of the Protestant Religion;

The Question was proposed, "Whether this House should now go into a Committee of the House, to consider of the Matter of Religion?"

Then the Question was put, "Whether this Question shall be now put?"

It was Resolved in the Affirmative.

The Question being put, "Whether this House shall now go into a Committee, to consider of the Matter of Religion?"

It was Resolved in the Affirmative.

Then the House was adjourned into a Committee during Pleasure.

The House was resumed.

And the Lord Viscount Halyfax reported, "That the Committee finds the Business of great Concernment; and, it being now late, the Committee desires another Time may be appointed, to proceed therein."

Hereupon the House ORDERED, That Friday Morning next this House shall be put into a Committee, to proceed in the further Consideration of Heads for a Bill or Bills for the securing of the Protestant Religion.

Squib's Estate Bill.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Justice Windham be, and is hereby, appointed to assist the Lords Committees to whom the Bill, intituled, "An Act to enable George Savage, Humphrey Newman, and William Dowling, to fell certain Lands and Tenements lying in Winterborne Whitchurch, within the County of Dorset, late the Estate of Laurance Squib Esquire deceased," stands committed, on Friday next, being the 19th Instant, at Nine of the Clock in the Forenoon, and at such other Times as their Lordships shall meet about the said Bill.

Parker, King's Servant, Privilege.

Upon reading the Petition of John Parker Esquire, One of His Majesty's Gentlemen Pensioners in Ordinary; complaining, "That, on the Second Day of this Instant November (sitting the Parliament), he was taken into Custody, upon an Execution from the Sheriff of Middlesex, by Henry Owen Bailiff, and Henry Brook his Follower, at the Suit of one Edward Angell, for a pretended Debt of Forty Shillings, and put him into Newgate, notwithstanding they knew of his Service as Gentleman Pensioner to His Majesty:"

Angell, Owen, & al. sent for, for arresting him.

All which being contrary to the Privilege of Parliament, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Owen, Henry Brooke, and Edward Angell, be, and are hereby, required to appear at the Bar of this House on Saturday the Twentieth Day of this Instant November, at Ten of the Clock in the Forenoon, to answer to the said Complaint; and hereof they may not fail.

Sir P. Pett, Privilege, versus Morecock Seal.

Whereas Sir Peter Pett Knight, having (by virtue of the Privilege of Parliament granted to him as His Majesty's Advocate in the Kingdom of Ireland) stayed Proceedings in a Suit commenced against him, by William Morecock and others, concerning a House and Grounds belonging to it in the Manor of Stebunheath, appeared this Day at the Bar, to answer to the Petition of the said William Morecock preferred against him, and a Rule of the Court of Common Pleas annexed:

Upon Consideration had of what was alledged, as well by the Petitioner as the said Sir Peter Pett, it is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the Privilege of Parliament shall be continued unto the said Sir Peter Pett, any former Order of this House to the contrary notwithstanding.

Sherley versus Sir J. Fagg.

Whereas Thomas Sherley Esquire hath a Petition and Appeal depending in this House against Sir John Fagg; this House being moved, "That Counsel may be assigned, to plead the Cause of the said Thomas Sherley upon the said Appeal:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Richard Wallop, Mr. Thomas Turner, and Mr. Samuell Tryst (named for the said Thomas Sherley), be, and are hereby, appointed to plead the said Cause, at the Bar of this House, on the Part and Behalf of the said Thomas Sherley, on Saturday the Twentieth Day of this Instant November, at Ten of the Clock in the Forenoon, and at such other Times as it shall be appointed by this House.

Lords of the Admiralty, versus Harrison, upon Privilege.

Upon reading the Petition of Tymothy Harrison, One of His Majesty's Coroners for the County of Middlesex; praying, "That the Matter depending against him, upon a Suggestion of a Breach of Privilege of the Lords in whom the Office of Admiralty of England now is, may be heard and determined:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees for Privileges, to whom the said Matter was in the last Session referred, do forthwith proceed to examine how far the Privileges of the said Lords are concerned in the Complaint and Matter of Fact alledged in the Petition then referred; and make Report unto the House.

Squib versus Regem, in Error.

Whereas Edmond Squib hath brought a Writ of Error into this House, upon a Monstrans de Droit, upon which Issue is joined, and Counsel hath been Once heard at the Bar thereupon, and another Day was given for the further Hearing of the Counsel on His Majesty's Behalf, which was prevented by the Prorogation made in June last:

Upon reading the Petition of the said Edmond Squib, praying a Day may be appointed for further hearing of Counsel on both Parts, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel further, upon the said Writ of Error, on Wednesday the First Day of December next, at Ten of the Clock in the Forenoon; whereof the said Edmond Squib is to cause timely Notice to be given to His Majesty's Attorney General for that Purpose.

Squib, Liberty to attend his Cause.

Whereas Edmond Squib, Plaintiff in a Writ of Error depending in this House (to which His Majesty is Defendant), being a Prisoner upon Execution in The Prison of the King's Bench, hath petitioned this House for Liberty to attend the Prosecution thereof:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edmond Squib shall have Liberty (with a Keeper) to attend the Prosecution of the said Writ of Error in the House of Peers; and this shall be a sufficient Warrant on that Behalf.

To the Marshal or Keeper of the King's Bench Prison, his Deputy and Deputies, &c.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 18^um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.