House of Lords Journal Volume 13: 2 July 1678

DIE Martis, 2 die Julii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Scheppens & al. Nat. Bill.

Hodie 1^a vice lecta est Billa, "An Act for naturallzing of John Scheppens and others."

Protestant Strangers to exercise their Trades Bill.

Hodie 2^a vice lecta est Billa, "An Act for empowering and licensing of Protestant Strangers and Foreigners to exercise their Trades in the Places mentioned in this Act."

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 Nine of the Clock in the Forenoon, in the Prince's Lodgings; and to adjourn as they please.

Heralds Bill, to register Deaths, Marriages, &c.

Hodie 3^a vice lecta est Billa, "An Act for registering Certificates of the Deceases, Burials, Marriages, and Issue, of the Nobility and Gentry of England."

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

It was Resolved in the Affirmative.

Jurors returning Bill.

Hodie 3^a vice lecta est Billa, "An Act for preventing Abuses in returning Jurors."

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

It was Resolved in the Affirmative.

Bill against Atheism.

ORDERED, That the Bill against Blasphemy be read the Second Time To-morrow Morning.

St. Ann's Parish Bill.

The Lord Bishop of Sarum reported, "That the Committee have considered the Bill for making Part of the Parish of St. Martin's in the Fields a new Parish, to be called the Parish of St. Anne within the Liberty of Westm. and do think it fit to pass as it is, without any Amendments."

Hodie 3^a vice lecta est Billa, "An Act for making Part of the Parish of St. Martin's in the Fields a new Parish, to be called the Parish of St. Anne within the Liberty of Westminster."

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

It was Resolved in the Affirmative.

River Fale Bill.

Hodie 2^a vice lecta est Billa, "An Act for making navigable the River Fale, alias Vale, in the County of Cornwall."

ORDERED, That the Consideration of this Bill is committed to the same Committee as the Bill concerning Protestant Strangers is.

The Marq. Winton, Vicecomes Hallyfax, and the Lord Bellasis, are added to the Committee for the Bankers Bill.

Against killing, &c. Decr, Bill.

Hodie 3^a vice lecta est Billa, "An Act to prevent the unlawful coursing, hunting, killing, selling, or buying of Decr."

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

It was Resolved in the Affirmative.

Thorsby's Bill.

Hodie 3^a vice lecta est Billa, "An Act to enable Trustees to sell Mr. Thomas Thorsbye's Lands."

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

It was Resolved in the Affirmative.

Message to H. C. with it, the Jurors Bill, Heralds Bill, and the Bill against killing, &c. Deer; and that the Lords agree to St. Ann's Parish Bill.

A Message was sent to the House of Commons, by Sir Samuell Clerke and Sir William Childe;

To deliver these Four Bills following, and to desire their Concurrence thereunto:

1. The Bill for preventing Abuses in returning Jurors.

2. The Bill for registering Certificates of the Deceases, Burials, Marriages, and Issue, of the Nobility and Gentry of England.

3. The Bill to prevent the unlawful coursing, hunting, killing, selling, or buying of Deer.

4. The Bill to enable Trustees to sell Mr. Thomas Thorsebye's Lands.

Also to acquaint the House of Commons, that this House agrees to the Bill for making Part of the Parish of St. Martin's in the Fields a new Parish.

Kelshall Parish Bill.

The Earl of Shaftesbury reported, "That the Committee have considered the Bill concerning the settling the charitable Use for the Town of Kelshall, wherein they have made some Amendments, which are offered to the Consideration of the House."

The Amendments were read Twice, and Agreed to; and the Bill ordered to be engrossed, with the said Amendments.

E. Derby, Privilege.

Whereas, upon reading the Petition of the Earl of Derby, complaining of a Breach of Privilege, committed by James Cheetham, of Turton, in the County of Lancaster, Esquire, and Jeremy Aynsworth, Richard (fn. 1) Clew, Richard Aspinall, Bryan Fawcet, John Pilkinton, Charles Hardman, John Bury, and Abel Turner, in arresting and detaining Prisoner Robert Heywood Esquire, owned by the said Earl to be his Servant; it was, on the 14th of June last ordered, That the Serjeant at Arms attending this House, or his Deputy, should attach the said Persons, and bring them in safe Custody to the Bar of this House, to answer for their said Offences;

Cheetham & al. released.

This House being informed, "That the said Persons have submitted themselves to the Earl of Derby, and that it is his Lordship's Request to this House, that they may be discharged;" it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Cheetham, Richard (fn. 1) Chew, Jeremy Aynsworth, Richard Aspinall, Bryan Fawcet, John Pilkinton, Charles Hardman, John Bury, and Abel Turner, be, and are hereby, discharged from any further Restraint concerning this Matter, paying their Fees; and this shall be a sufficient Warrant on that Behalf.

To Sir Geo. Charnocke Knight, Serjeant at Arms attending this House, his Deputy and Deputies, and every of them.

Meade versus Regem, in Error

Whereas Mathew Meade hath brought a Judgement given in the Court of King's Bench against him into this Court by a Writ of Error, and hath thereupon assigned Errors, to which the King's Attorney General hath joined Issue on His Majesty's Behalf, who is thereto made Defendant:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel for the said Mathew Meade, to argue the said Errors at the Bar, as also Counsel on His Majesty's Behalf, on Monday next, being the Eighth Day of this Instant July, at Ten of the Clock in the Forenoon; whereof the Prosecutors on His Majesty's Behalf are to cause timely Notice to be given to the said Mathew Meade for that Purpose.

Marriott versus Regem, in Error, a Habeas Corpus,

Upon reading the Petition of Symon Marriott; shewing, "That he hath brought a Writ of Error, returnable into this High Court, against an Indictment in the Crown Office against him, and that the Marshal of The King's Bench Prison refuseth to enlarge him, upon good Bail, to prosecute the same; and therefore praying that he may have his Liberty for that Purpose:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Symon Marriott be, and is hereby, required forthwith to assign Errors upon the said Writ of Error now depending; and that he shall have Liberty from Time to Time, by virtue of His Majesty's Writ or Writs of Habeas Corpus for that Purpose to be awarded, to attend the Prosecution of the said Writ of Error, during its Depending in this Court.

Symonds versus Deane, in Error.

Whereas, upon hearing the Errors argued, on the 22th Day of February last, upon the Writ of Error, wherein John Deane, William Campe, and others, were Plaintiffs, and William Symonds Defendant, the House of Peers found Cause to affirm the Judgement given for the said William Symonds, against the said John Deane, William Campe, and others, and ordered that Costs should be taxed by the Court of King's Bench for the said William Symonds:

Upon the Petition of the said William Symonds, received this Day; shewing, "That the Court of King's Bench, being moved therein, could not tax the same; and therefore praying, that this Court would ascertain the Costs to be recovered by the said William Symonds in this Case;" it is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Deane, William Campe, and the other Persons against whom the said Judgement was given for the said William Symonds, shall pay to the said William Symonds the Sum of Twenty Pounds for his Costs, by reason of the Delay of Execution of the said Judgement, occasioned by bringing the said Writ of Error into this Court, to be recovered by the Rules and Means of Costs taxed by the Court of King's Bench in like Cases.

Ford versus Clarke, in Error.

Whereas, by virtue of His Majesty's Writ of Error returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this Court on the Sixth Day of June last (with the Transcript thereof), wherein Judgement is entered for John Ford against Edmund Clarke:

Upon hearing Counsel on both Parts at the Bar, this Day, to argue the Errors assigned by the said Edmund Clarke, after due Consideration had of what was offered on either Part thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement of the Court of King's Bench given for the said John Ford be, and is hereby, affirmed; and that the said Transcript of the said Record wherein the Judgement of the Court of King's Bench is entered as aforesaid be remitted, to the End the said John Ford may have Execution of the said Judgement as fully as if no such Writ of Error had been brought into this Court: And their Lordships do further adjudge, That the said Edmund Clarke shall pay to the said John Ford the Sum of Ten Pounds for his Costs, by reason of the Delay of Execution of the said Judgement, occasioned by bringing the said Writ of Error into this Court, to be recovered by the Rules and Means of Costs taxed by the Court of King's Bench in like Cases.

Reading versus Sir G. Cooke et al. Commissioners for Sewers for Hatfield Level.

Whereas this House had appointed to hear Counsel at the Bar, this Day, upon the Petition of Nathaniell Reading Esquire, and the several Answers of Sir George Cooke Baronet, John Millington, Toby Humfrey, and George Westby, Esquires; the said Nathanicll Reading attending accordingly, but neither the said Sir George Cooke, John Millington, Toby Humfry, nor George Westby attending, nor any Counsel for them or any of them, appearing:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That they, the said Sir George Cooke, John Millington, Toby Humfrey, and George Westby, shall pay Three Pounds Costs to the said Nathaniell Reading, for his Attendance this Day; and that this House will hear Counsel on both Parts, upon the said Petition and Answers, on Monday the 8th Day of this Instant July, at Ten of the Clock in the Forenoon; whereof the said Nathaniell Reading is to cause timely Notice to be given to the said Sir George Cooke, John Millington, Toby Humfrey, and George Westby, for that Purpose, by leaving Copies of this Order at their usual Places of Abode here in Town.

ORDERED, That the Judges be present in this House To-morrow Morning.

Report of the Conference on the Lords Amendments to the Supply Bill.

The Commons being ready in the Painted Chamber to give their Lordships a Free Conference, the House appointed the same Lords who managed the last Conference to manage this Free Conference; and the House directed the Managers, not to receive the Bill from the House of Commons at this Conference.

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

Then the Lord Privy Seal reported, "That their Lordships had given a Free Conference to the House of Commons, and had discoursed the Differences as were between them and this House, upon the Bill for granting a Supply to his Majesty, for disbanding the Forces raised since the 29th Day of September last, and reinforced the same Reasons and Arguments as formerly were urged at the Two last Free Conferences, and added others. The Commons declared, at this Free Conference, That it was their Right to begin, and solely to grant Monies, and to settle all Ends and Purposes for Money; and that it was their Vote and Resolution to adhere to their Proviso, and to the Words as they sent in the Bill; for they say, Cujus est dare, ejus est disponere. The Commons desired their Lordships to consider the Condition the Nation will be in for Want of the passing this Bill; and the Breaches of Affairs Abroad, and Unity, will only make us considerable. And whosoever makes a Proposition to adhere to their own Amendments, a Second Adhering concludes them; which the Commons say they have done, and that the whole Matter lies with your Lordships now, according to the Method of Proceedings. The Lords utterly denied any such Right in the House of Commons, further than was agreed at the last Conference, for the beginning of Bills of Money only; and freed themselves from any ill Consequences mentioned by the Commons, if any should arise, by their disagreeing from such Amendments as their Lordships have necessarily made in this Bill; and told them, that this Way of adhering was new, and did conclude neither House. And, after long Conference on both Sides, coming to no Conclusion, their Lordships left the Bill still with them, as they were directed."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 3^um diem instantis Julii, hora decima Aurora, Dominis sic decernentibus.