House of Lords Journal Volume 13: 5 July 1678

Journal of the House of Lords: Volume 13, 1675-1681. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Citation:

'House of Lords Journal Volume 13: 5 July 1678', in Journal of the House of Lords: Volume 13, 1675-1681( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol13/pp272-273 [accessed 8 July 2024].

'House of Lords Journal Volume 13: 5 July 1678', in Journal of the House of Lords: Volume 13, 1675-1681( London, 1767-1830), British History Online, accessed July 8, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol13/pp272-273.

"House of Lords Journal Volume 13: 5 July 1678". Journal of the House of Lords: Volume 13, 1675-1681. (London, 1767-1830), , British History Online. Web. 8 July 2024. https://prod.british-history.ac.uk/lords-jrnl/vol13/pp272-273.

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In this section

DIE Veneris, 5 die Julii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. London.
Epus. Sarum.
Epus. Rochester.
Epus. Ely.
Epus. Cov. et Litch.
Epus. Gloucester.
Epus. Bath & Wells.
Epus. Chester.
Epus. Chichester.
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Monmouth.
Marq. Winton.
Marq. Worcester.
Marq. Dorchester.
L. Great Chamberlain.
L. Chamberlain.
Comes Oxon.
Comes Huntingdon.
Comes Bedford.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Devon.
Comes Manchester.
Comes Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Carnarvon.
Comes Sunderland.
Comes Scarsdale.
Comes St. Alban.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Shaftesbury.
Comes Powis.
Comes Feversham.
Vicecomes Montagu.
Vicecomes Stafford.
Vicecomes Hallyfax.
Vicecomes Newport.
Ds. Delawarr.
Ds. Stourton.
Ds. Windsor.
Ds. Cromwell.
Ds. Eure.
Ds. Chandos.
Ds. Hunsdon.
Ds. Arundell Ward.
Ds. Grey de Wark.
Ds. Maynard.
Ds. Howard Esc.
Ds. Vaughan.
Ds. Carington.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Rockingham.
Ds. Wotton.
Ds. Holles.
Ds. Frescheville.
Ds. Arundell T.
Ds. Butler M. P.
Ds. Butler West.

PRAYERS.

Scheppens' et al. Nat. Bill.

Hodie 2a vice lecta est Billa, "An Act for naturalizing of John Schoppens and others."

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

L. Privy Seal.
E. Bedford.
E. Bridgwater.
E. North'ton.
E. Devon.
E. Rivers.
E. Peterborough.
E. Scarsdale.
E. Clarendon.
E. Essex.
E. Craven.
E. Aylesbury.
E. Shaftesbury.
E. Powis.
Vicecomes Stafford.
Vicecomes Hallyfax.
Arch. Yorke.
Epus. London.
Epus. Sarum.
Epus. Rochester.
Epus. Ely.
Epus. Gloucester.
Epus. Bath & Wells.
Epus. Chester.
Epus. Chichester.
Ds. Hunsdon.
Ds. Maynard.
Ds. Colepeper.
Ds. Lucas.
Ds. Gerard Brand.
Ds. Holles.
Ds. Frescheville.
Ds. Arundell T.

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.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Edward Deering and others:

To present a Bill, intituled, "An Act for the further Relief and Discharge of poor distressed Prisoners for Debt;" to which their Lordships Concurrence is desired.

Kelshall Parish Bill.

Hodie 3a vice lecta est Billa, "An Act for settling of certain Lands and Tenements to charitable and public Uses, for the Benefit of the Parish of Kellshall, in the County of Suffolke."

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

It was Resolved in the Affirmative.

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

To deliver the Bill concerning the charitable Use for the Benefit of the Town of Kellshall, and desire their Concurrence thereunto.

Darrell versus Whitchcot.

The House resumed the Debate of the Cause between Marmaduke Darrell and Sir Paul Whichcot.

The Lord Chancellor reported, and stated the Case.

And, after a long Debate thereupon, Three Questions were proposed, to each of which particularly a previous Question was to be put:

1. "Whether the Petition of Marmaduke Darrell shall be now dismissed?"

The Question was put, "Whether this Question shall be now put?"

It was Resolved in the Negative.

2. "Whether a Trial at Law shall be directed, whether Hampden Ashfeild was a Trustee for Darrell?"

The Question was put, "Whether this Question shall be put?"

It was Resolved in the Negative.

Relief of the Petitioner to be ascertained.

3. The Question being put, "Whether this House will proceed to ascertain the Relief of the Petitioner?"

It was Resolved in the Affirmative.

Protest against it.

Dissentientibus.
"James.
"Buckingham. Winchester.
"Finch, C.
"Worcester. Dorchester. J. Bridgewater.
"Bedford. Huntingdon.
Craven.
"Essex.
Shaftesbury.
"Ailesbury,
Halifax.
"Joh. Roffen.Chandos. Windesor."
"Clarendon.

Darrel versus Whitchcot.

After hearing Counsel at the Bar several Days, upon the whole Matter, in the Cause depending between Marmaduke Darrell Esquire, and Sir Paul Whichcot, Son and Executor of the last Will of Sir Jeremy Whichcot Baronet, deceased; this House taking into serious Consideration what Judgement to give thereupon:

It is this Day Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That this House will proceed to ascertain the Relief of the Petitioner Marmaduke Darrell, and do appoint Thursday the Eleventh Day of this Instant July for that Purpose.

Bampfield versus Vaughan.

Upon reading the Petition of Warwick Bampfeild Esquire, being an Appeal from a Decree made in the Court of Chancery, for his repaying One Thousand Pounds to Hugh Vaughan, Executor of Charles Vaughan, in such Manner as in the Petition is set forth, which was given by the said Charles Vaughan for the Purchase of a Rent of Eighty Pounds per Annum, for Forty-two Years, of Thomas Bampfeild, Father to the Petitioner, as also for Payment of Costs, and other Matters in the said Appeal suggested:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hugh Vaughan may have a Copy of the said Petition and Appeal, to which he is hereby required to put in an Answer in Writing within One Week next after Notice given to him of this Order for that Purpose.

Darcy versus Darcy.

Upon reading the Petition of Sir William Darcy Knight, being an Appeal from a Dismission of his Bill out of the Court of Chancery, on the 22th Day of June, 1667, which Bill was for Relief upon a Trust and Agreement for Redemption of the Manor and Castle of Witton, and other Lands in the Bishopric of Durham, conveyed to James Darcy his Brother; and praying, "That James Darcy Son and Heir, and Christopher Darcy Executor, of the said James Darcy, may answer thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Darcy and Christopher Darcy may have a Copy of the said Appeal of Sir William Darcy; to which they are hereby required to put in their Answer or respective Answers in Writing, within One Week next after Notice given to them respectively of this Order for that Purpose.

Collop's Petition.

ORDERED, That the Petition of Collop shall be read To-morrow.

Sir R. Vyner et al. Bankers Bill.

ORDERED, That the Committee for the Bill concerning the Bankers do meet To-morrow; and likewise the Committee for the Bill concerning admeasuring of Ships and Boats do meet the same Day.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 6um diem instantis Julii, hora decima Aurora, Dominis sic decernentibus.