House of Lords Journal Volume 13: 4 July 1678

DIE Jovis, 4 die Julii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bill against a Peer, to examine Witnesses in perpet. Rei Mem. no Breach of Privilege.

ORDERED, That these Words ["and take usual Process"] shall be added to the Order made Yesterday, concerning examining of Witnesses in perpetuam Rei Memoriam; and so the Order follows, with the Addition of the said Words:

"The Lords Spiritual and Temporal in Parliament assembled do declare, That, in all Cases wherein it is necessary to examine Witnesses in perpetuam Rei Memoriam, it shall not be taken to be a Breach of Privilege of Parliament, to file a Bill against a Peer in Time of Parliament, and take usual Process for that Purpose only; and that this Declaration be added to the Roll of Standing Orders."

Keels and Boats Measurement Bill.

Hodie 2^a vice lecta est Billa, "An Act for Admeasurement of Keels and Boats carrying Coals."

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 Lord Chancellor's Lodgings; and to adjourn as they please.

Pawn-brokers Bill.

Hodie 1^a vice lecta est Billa, "An Act for regulating the Pawn-brokers."

Darrell versus Whitchcot.

This Day Counsel were further heard, in the Cause between Marmaduke Darrell and Sir Paul Whichcot.

And it was prayed by the Counsel, that the same Depositions taken in the Cause heard before the Lord Clarendon might be made Use of in this Cause; to which the Counsel of Darrell not agreeing, the Counsel were commanded to withdraw.

And, upon Consideration thereof,

The Question being put, "Whether the Depositions taken in the Cause concerning Ashfeild, Parrot, Underhill, and others, upon which the Decree made by the Lord Clarendon, in 1660, concerning the Matter of Trust, shall be now read in this Cause?"

It was Resolved in the Negative.

Then the Lord Chancellor declared to the Counsel (being called in again) what the House had resolved herein.

Whereupon the Counsel proceeded in managing the Cause.

Which having done;

The Question being put, "Whether to adjourn the Debate of this Cause till To-morrow Morning, and nothing to intervene?"

It was Resolved in the Affirmative.

E. Feversham versus Watson.

It is this Day ORDERED, That the House will hear Counsel on both Parts, at the Bar, in the Cause depending between Lewis Earl of Feversham Plaintiff by Petition, and Lewis Watson and the Lady Katherine his Wife Defendants, on Saturday next, being the 6th Day of this Instant July, at Ten of the Clock in the Forenoon.

Lawrence versus Berney.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, for Thomas Laurance, Carina Hetly, and Thomas Rolt, and also for John Berney, in the Causes depending in this House between the said Parties, on Monday the Eighth Day of this Instant July, at Ten of the Clock in the Forenoon; whereof the said Parties are hereby required to take Notice, and attend with their Counsel accordingly.

Payne versus Wallis.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, that this House will hear Counsel at the Bar, on both Parts, in the Cause upon the Petition and Appeal of John Payne and Sarah his Wife, and the Answer of Elston Wallis and Sarah his Wife, on Tuesday the Ninth Day of this Instant July, at Ten of the Clock in the Forenoon; whereof the said Parties are hereby required to take Notice, and attend with their Counsel accordingly.

Serjeant at Arms, Complaint of the Rescue of Alexander John, by the Footmen in Westminster Hall.

Upon Information given to this House, by Sir George Charnock Knight, Serjeant at Arms attending this House, under his Hand, "That, in Obedience to an Order of the 30th of May last past, to him directed, for attaching the Body of Alexander John, alias Johnson, for assaulting Ralph Bradford, One of the Doorkeepers of this House, on Tuesday last he apprehended the said Alexander John, alias Johnson, and delivered him to Two of his Deputies, John Button and John Harwood, to secure him till the next Morning; who made Oath at the Bar, that, carrying him through Westminster Hall, they were assaulted and wounded by about Thirty or Forty Footmen and Coachmen, who rescued the said Alexander John, alias Johnson:"

Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench, to examine the Matter of Fact; who is hereby authorized and required, by his Warrant, to cause to be apprehended the said Alexander John, alias Johnson, wheresoever he may be discovered to be, and that by breaking open any House where the said Alexander John, alias Johnson, may be suspected to be sheltered and concealed, or otherwise, as to his Lordship shall seem meet, to the End the said Alexander John, alias Johnson, may be brought to the Bar of this House, and also to make Enquiry into the Riot then in Westminster Hall committed, in order to the apprehending and punishing the Actors therein according to Law, and make Report thereof to this House.

Sir R. Viner et al. Bankers Bill.

Upon Report of the Earl of Berks, from the Committee for the Bill concerning the Bankers:

It is ORDERED, That the Clerk of the Parliaments do examine the several Patents granted by His Majesty to the Bankers, to see what Difference there is in them; and make Report of what he finds to the Committee.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 5^um diem instantis Julii, hora decima Aurora, Dominis sic decernentibus.