House of Lords Journal Volume 13: 25 June 1678

DIE Martis, 25 die Junii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with Bills; and to return Gresham's, and the Bill for burying in Woollen.

A Message was brought from the House of Commons, by Sir George Downing and others; who brought up several Bills:

1. To return the Bill for burying in Woollen; to which the Commons have made some Amendments, and desire their Lordships Concurrence thereunto.

2. To return the Bill for vesting the Rectory of Westerham, in the County of Kent, in Trustees, to be sold, for Payment of the Debts of Edward Gresham Esquire; whereunto the Commons agree, without any Amendments.

3. "An Act for the Admeasurement of Keels and Boats carrying Coals;" to which their Lordships Concurrence is desired.

4. "An Act for making Part of the Parish of St. Martin's in the Feilds a new Parish, to be called The Parish of St. Anne within the Liberty of Westminster;" to which their Lordships Concurrence is desired.

5. "An Act for Encouragement of the Woollen Manufactures;" to which they desire their Lordships Concurrence.

6. "An Act for repealing a Clause in a former Act, intituled, An Act for enlarging and repairing of common Highways;" to which their Lordships Concurrence is desired.

Message from thence, for a Conference on the Supply Bill.

A Message was brought from the House of Commons, by Sir Richard Temple and others:

To desire a Conference, concerning the Amendments made by their Lordships in the Bill concerning the granting a Supply to His Majesty, for disbanding the Forces raised since the 29th of September last.

The Answer returned was:

Answer.

That this House will give a Conference, as is desired; and appoints the same to be presently, in the Painted Chamber.

River Fale Bill.

Hodie 1^a vice lecta est Billa, "An Act for making navigable the River Falc, allas Vale, in the County of Cornwall."

The Lord Treasurer, Lord Privy Seal, Marquis Winton, Earl of Bridgwater, Bishop of Rochester, Lord Berkeley, and Lord Colepeper, were appointed to report the Conference with the House of Commons.

Report of the Conference on Supply Bill.

The House was adjourned, and the Lords went to the Conference; which being ended, the House was resumed.

And the Lord Privy Seal reported the Effect of the Conference: "That the House of Commons said, That their Lordships having agreed with the Commons in the Bill concerning the granting of a Supply to His Majesty, for disbanding the Forces raised since the 29th of September last, that there is no further Occasion of the Forces raised since the 29th of September last, and sent to the Commons some Amendments; the Commons find themselves obliged to disagree with their Lordships Amendments, by reason of the Methods and Rights of their House in a Matter very tender to them: But, for answering the End which their Lordships seem to aim at, they shall offer to their Lordships an Expedient, which they conceive warranted by Precedents; videlicel,

The Earl of Thanet's Bill, entered in their Lordships Journal Feb. 1664, which their Lordships then grounded upon a Precedent in 35 of Q. Eliz.; in both which, Provisoes were added by their Lordships after the Bill sent from their Lordships to the Commons, not relating to Amendments made by the Commons.

The Expedient was the Proviso following:

Proviso offered by H. C. to it, in Lieu of the Lords Amendments:

Provided always, and be it enacted, by the Authority aforesaid, That if, by reason of the said Forces lying dispersed and in remote Places, or any other just and necessary Impediment, the Disbanding thereof cannot be effected by the Days beforementioned in this Act, that in such Case the Disbanding be proceeded in as near the aforesaid Days as that Work is capable of; and so that the Disbanding of all the said Forces, both within this Kingdom and Parts beyond the Seas, be completed within Thirty Days after the respective Days in this Act before limited and appointed."

After Debate and Consideration of this Conference;

Protest against not agreeing to it.

The Question being put, "Whether to agree to the Proviso brought from the House of Commons at the last Conference?"

It was Resolved in the Negative.

Dissentientibus,
"Winchester. Essex.
"Shaftesbury. P. Wharton. Carnarvon."

Heads to be prepared for another Conference on this Subject.

Then the House appointed these Lords following, to prepare Reasons, to be offered to the House of Commons at a Conference, why their Lordships do not agree to the Proviso offered by that House at the last Conference upon the Bill for granting a Supply to His Majesty, to enable Him to pay and disband the Forces which have been raised since the 29th of September last, and to make Report thereof unto the House:

Or any Three of them; to meet To-morrow Morning, at Nine of the Clock.

The Lord Mowbray is added to the Committee for the Bill for selling Mr. Childe's Estate.

Mulso's Bill.

Hodie 2^a vice lecta est Billa, "An Act to enable Trustees to sell the Lands of Tanfeild Mulso Esquire, late deceased, for Payment of his Debts, and making Provision for his Children."

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 Three of the Clock in the Afternoon, in the Prince's Lodgings; and adjourn as they please.

Payne versus Wallis.

Whereas this House had appointed to hear Counsel, at the Bar, on Friday the 28th Day of this Instant June, upon the Petition of John Payne and Sarah his Wife, and the Answer of Elston Wallis and Sarah his Wife put in thereunto:

Upon reading the Petition of the said Elston Wallis and his Wife this Day; shewing, "That they cannot possibly be so soon ready for the said Hearing, and therefore pray that they may have a Week longer "granted to them for that Purpose;" it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hearing is hereby put off to Friday the Fifth Day of July next, at Ten of the Clock in the Forenoon; whereof the said Elston Wallis is to cause timely Notice to be given to the said John Payne and his Wife, to prevent their Attendance on Friday next.

Mellor versus Roby.

Upon reading the Petition of Henry Mellor of Darby and George Gresly of Lullington, in the County of Darby, Esquire, being an Appeal from a Decree made in the Court of Chancery on the 6th Day of February, 25° Car'l. 2di, concerning the Settlement of the Lands of Robert Willimot Esquire, in Chaddesdon, Morley, Breadsall, and Spoondon, in the said County of Darby, and other Matters in the said Petition suggested, as also from the Dismission of their Bill of Review concerning the same Matters:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Robert Robey and other the Children of Thomas Robey and Dorothy his Wife, their Guardians and prochin Amys, and Edward Willimot (all in the Petition mentioned), be, and are hereby, required to put in their Answer or respective Answers in Writing, to the said Petition and Appeal, within Fourteen Days next after Notice given of this Order to each of the said Persons respectively.

Ford versus Clarke.

Upon reading the Petition of John Ford, Defendant in a Writ of Error depending in this House, brought in by Edmond Clerke Plaintiff, therein; shewing, "That Errors are therein assigned, and Issue joined; and therefore praying, that a Day may be appointed to hear the said Errors argued:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued by Counsel, at the Bar, on both Parts, on Tuesday the Second Day of July next, at Ten of the Clock in the Forenoon; whereof the said John Ford is to cause timely Notice to be given to the said Edmond Clerke for that Purpose.

Bampfield versus Rogers.

Whereas this House had received a Petition of Warwick Bampfield, John Winter, and Thomas Warr, Executors of the last Will and Testament of Henry Rogers Esquire, deceased, being an Appeal from a Decree made in the Court of Chancery pursuant to a Trust given by the said Henry Rogers to Anne Rogers, on whose Behalf Judgement hath been pronounced in the Prerogative Court, as to the Validity of a Codicil annexed to the said Will:

Forasmuch as it appeareth that the said Matter depends upon Ecclesiastical Jurisdiction, it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Warwick Bampfeild, John Winter, and Thomas Warr, be dismissed this House.

Darrell versus Whichcot.

Whereas this Day was appointed to hear Counsel, upon the whole Matter, in the Cause between Marmaduke Darrell Esquire and Sir Paul Whichcot Baronet:

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 whole Matter in the said Cause, on Friday the 28th Day of this Instant June, at Ten of the Clock in the Forenoon; whereof both the said Parties are hereby to take Notice, and attend with their Counsel accordingly.

L. Roberts versus Wymond & al. for carrying away Toll Tin, Privilege.

Upon reading of the several Affidavits of Robert George, Stephen Clarke, and John Hodge, concerning Toll Tin claimed by John Lord Roberts a Peer of this Realm and violently carried away by John Wymond and others, which is alledged to be a Breach of the Privilege of Parliament due to his Lordship, as also upon reading the Petition of the said John Wymond concerning the same Matter:

It is ORDERED, That it be, and is hereby, referred to the Lords Committees for Privileges; to examine how far the Privilege of Parliament is concerned in the Matters of Fact in the said Affidavits and Petition set forth and make Report thereof unto the House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 26^um diem instantis Junii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 13th of July, 1678, by us,

Anglesey, C. P. S.

J. Bridgewater.

Essex.

Craven.

Ailesbury.

Seth Sarum.

Hunsdon.