House of Lords Journal Volume 13: 10 July 1678

DIE Mercurii, 10 die Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Supply Bill.

Hodie 2^a vice lecta est Billa, "An Act for granting a Supply to His Majesty, of Six Hundred and Nineteen Thousand Three Hundred Eighty-eight Pounds, Eleven Shillings, and Nine Pence, for disbanding the Army, and other Uses therein mentioned."

ORDERED, That the Consideration of this Bill is committed to a Committee of the whole House, Tomorrow Morning.

Additional Duty on Wines Bill.

Hodie 2^a vice lecta est Billa, "An Act for granting an additional Duty to His Majesty upon Wines, for Three Years."

ORDERED, To be committed to a Committee of the whole House, To-morrow Morning.

Forth's Bill.

Hodie 2^a vice lecta est Billa, "An Act to make good a Mortgage made by John Forth deceased, to Thomas Cooke and Nicholas Cary, and for making Provision for Henry Forth, Son of the said John Forth."

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

Their Lordships, or any Five; to meet at Three of the Clock this Afternoon, in the Prince's Lodgings.

Bill to prevent more effectually the Exportation of Wool.

Hodie 1^a vice lecta est Billa, "An Act for the more effectual hindering the Exportation of Wool."

Sir R. Vyner & al. Bankers Bill.

Next, the Proviso concerning Mr. Portman was read, and approved of.

Hodie 3^a vice lecta est Billa, "An Act for confirming of several Letters Patents granted by His Majesty, to Sir Robert Vyner, Edward Backwell, and others, therein named."

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

It was Resolved in the Affirmative.

Porter's Bill rejected.

Hodie 2^a vice lecta est Billa, "An Act to enable George Porter Esquire to sell or dispose of certain Lands and Tenements therein mentioned."

The Question being put, "Whether this Bill shall be rejected?"

It was Resolved in the Affirmative.

Prisoners for Debt, Relief Bill.

The Earl of Bridgwater reported, "That the Committee have considered the Bill concerning the Relief of poor Prisoners, and of the Objections made by the House Yesterday; and the Opinion of the Committee is, That they conceive those Particulars are already provided for."

It is ORDERED, That this Business be taken into Consideration To-morrow Morning.

E. Feversham versus Watson, Judgement.

This Day being appointed to consider how to ascertain the Relief voted to be given the Earl of Feversham on Monday last; the House entered into Consideration thereof.

And, after Debate, this following Order was read:

"That the Chancery proceed to give Relief, by issuing out a Commission to certain Persons, to set out Lands, of the Value of Three Thousand Pounds a Year, out of the Lands whereof George late Earl of Feversham died seised; and that, after due Execution of such Commission, and Return thereof made, the Lands therein set out and returned be decreed to be held and enjoyed by Lewis now Earl of Feversham, during his Life; and when the Heir comes of full Age, then the Defendant and his Wife to join in a Conveyance to the said Lewis Earl of Feversham, subject nevertheless to such Dower as the Countess Dowager of Feversham is entitled unto by the Common Law, or by the Custom of Gavel Kind, or otherwise howsoever."

The Question being put, "Whether this Matter shall be so ordered?"

It was Resolved in the Affirmative.

Protest against it.

Dissentientibus,

"Anglesey.
"Stafford."

Decree of the Chancery reversed.

After hearing Counsel on both Parts, at the Bar, upon the Petition of Lewis Earl of Feversham, Viscount Sonds of Lees Court, Lord Duras, Baron of Holdenby and Throwley, being an Appeal from a Dismission of his Bill out of the Court of Chancery (on the Eleventh Day of May last), concerning Three Thousand Pounds per Annum to be settled on the said Lewis Earl of Feversham, in Pursuance of the Articles of Agreement made between him and Sir George Sonds late Earl of Feversham, upon the Marriage of the said Lewis now Earl of Feversham with the Lady Mary (since deceased) then Eldest Daughter of the said late Earl of Feversham; and after serious 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 Decree of the Court of Chancery, for Dismission of the said Bill of Lewis now Earl of Feversham, be, and is hereby, reversed: And it is Resolved and Adjudged, by their Lordships, That the Court of Chancery shall proceed to give Relief to the said Lewis now Earl of Feversham, by issuing out a Commission to certain Persons to set out Lands, of the Value of Three Thousand Pounds per Annum, out of the Lands whereof George late Earl of Feversham died seised; and that, after due Execution of such Commission, and Return thereof made, the Lands therein set out and returned be by the Court of Chancery decreed to be held and enjoyed by Lewis now Earl of Feversham during his Life; and that when the Heir (now an Infant) comes of full Age, the Defendant Lewis Watson and the Lady Katherine his Wife (the said Heir) shall join in a Conveyance thereof to the said Lewis now Earl of Feversham accordingly; subject nevertheless to such Dower as the Countess Dowager of Feversham is entitled unto by the Common Law, or by the Custom of Gavel Kind, or otherwise howsoever.

Silk Throwers Petition against the Woollen Manufactures Bill.

Upon reading the Petition of the Master, Wardens, and Company, of Silk Throwers of London; praying, "That, for the Reasons alledged in the said Petition, they may be heard, by their Counsel, to the Bill, intituled, An Act for the Encouragement of the Woollen Manufactures, before the said Bill pass:"

Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Petitioners, by Counsel, at the Bar, what they have to offer against the the said Bill To-morrow, at Ten of the Clock in the Forenoon.

Gent versus Mrs. Clifford, E. of Pembroke's Protection discharged.

Whereas, upon the Petition of William Gent; complaining of a Protection granted by the Earl of Pembrooke, to Mrs. Elizabeth Clifford, Debtor to the said William Gent, and an Housekeeper in the Parish of St. Martins, it was, on the Tenth Day of May last, directed that the Earl of Pembrooke should have Notice given him of the said Petition, to the End his Lordship might thereupon signify to this House, whether the said Elizabeth Clifford, be his menial Servant or not:

It appearing, by the Petition of the said William Gent read this Day, that a Copy of the said Petition and Order was left at his Lordship's House at Wilton, on the 24th of May last; and that the Petitioner hath endeavoured to speak with his Lordship several Times since his coming to Town, but could not prevail to come to the Speech of him; and since that Time, his Lordship hath not owned the said Elizabeth Clifford to be his menial Servant (though he hath been since present in the House of Peers); the House being satisfied that the said Elizabeth Clifford is an Housekeeper in Town, and not such a Servant as ought to enjoy the Privilege of Parliament, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Protection granted by the Earl of Pembrooke to the said Elizabeth Clifford be, and is hereby, taken off and discharged.

Marq. Worcester Privilege. Field and others released.

Upon reading the Petition of Nathaniell Feild, Phillip Edward, and Meredith Howell, now in the Custody of the Gentleman Usher of the Black Rod attending this House, for a Breach of Privilege by them committed against the Lord Marquis of Worcester, a Peer of this Realm; in which Petition, they express their hearty Sorrow for their having offended this House and his Lordship, and begging Pardon for the same; the said Persons being brought to the Bar, and reprehended for the same, and directed to attend the Lord Marquis of Worcester at his House, with their Submission to him:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, upon the Intercession of the Lord Marquis of Worcester on their Behalf, That the said Nathaniell Feild, Phillip Edward, and Meredith Howell, be, and are hereby, discharged from their present Restraint concerning this Matter, paying their Fees; and this shall be a sufficient Warrant on that Behalf.

To Sir Edward Carteret Knight, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.

Meade versus Regem in Error.

ORDERED, That the Errors in the Writ of Error between Mathew Meade Plaintiff, and the King Defendant, shall be argued this Afternoon, by Counsel, at the Bar.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quarta, Dominis sic decernentibus.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Highways Bill.

Hodie 1^a vice lecta est Billa, "An Act for repealing a Clause in a former Act, intituled, An Act for enlarging and repairing common Highways."

Forth's Bill.

The Lord Viscount Hallyfax reported, "That the Committee have considered the Bill to make good a Mortgage made by John Forth, deceased, and have examined all Persons and Deeds concerned therein; and their Lordships are of Opinion, The same may pass, without any Amendment."

Hodie 3^a vice lecta est Billa, "An Act to make good a Mortgage made by John Forth, deceased, to Thomas Cooke and Nicholas Cary; and for a Provision for Henry Forth, Son of the said John Forth."

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

It was Resolved in the Affirmative.

Meade versus Regem, 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 19th Day of June last (with the Transcript thereof), wherein Judgement is entered for the King's Majesty, against Mathew Meade Clerk; upon which Writ Errors being assigned by the said Mathew Meade, and Issue joined by Sir William Jones the King's Attorney General on His Majesty's Behalf, and this Day appointed to hear the said Errors argued at the Bar:

After due Consideration had of what was offered by Counsel on either Part thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, that the said Judgement given on His Majesty's Behalf against the said Mathew Meade, be, and is hereby, affirmed; and that the Transcript of the Record of the Court of King's Bench, wherein Judgement is entered as aforesaid, be remitted, to the End that Execution may be had thereupon, as if no such Writ of Error had been brought into this Court.

Payne versus Wallis.

ORDERED, That the Cause between Payne and Wallis is put off, to be heard on Friday next, in the Afternoon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 11^um diem instantis Julii, hora nona Aurora, Dominis sic decernentibus.