House of Lords Journal Volume 13: 13 July 1678

DIE Sabbati, 13 die Julii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Essex reported an Order, drawn up by the Committee for Privileges, for limiting a Time for bringing in Writs of Errors and Petitions; which Order, being read, was agreed to by this House.

Order for limiting a Time for bringing in Appeals, &c.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all Persons who shall have any Writs of Error, or Petitions of Appeal from any Court of Equity, to be exhibited to this House, do bring in their said Writs of Error, and present their Petitions, within Fourteen Days, to be accounted from and after the First Day of every Session, or Meeting of Parliament after a Recess; after which Time, the Lords do declare, they will, during every such Sitting, receive no Writ of Error, or Petition of Appeal, unless upon a Judgement given in any of His Majesty's Courts of Judicature, or Decree had in any of the Courts of Equity, whilst the Parliament is actually sitting; in which Cases, the Party who shall find himself aggrieved may bring his Writ of Error, or Petition of Appeal, within Fourteen Days after such Judgement or Decree is given; and that this Order be added to the Standing Orders of the House of Peers, and likewise published in Print, to the End that all Persons concerned may take Notice thereof, and observe it accordingly.

Methods of returning Bills passed either House.

The House being made acquainted of some irregular Proceedings in returning of Bills from the House of Commons, which have been passed both Houses; how that a Message Yesterday was brought from the House of Commons, signifying that the Commons had agreed to Three Bills, but did not bring up the said Bills; and this Morning a Bill concerning Mr. Plater, which the Commons had agreed to, was delivered to One of the Clerks of this House in a private Manner, contrary to the ancient and regular Proceedings of Parliament:

Hereupon the House Resolved, To have a Conference with the House of Commons; and to let them know, how this House resents these undue Methods and Proceedings between the Two Houses, in returning to this House Bills which have been agreed to by both Houses; and to desire a better Method for the future.

Suits and Delays, and Intestates Estates Bill.

Next, the House took into Consideration the Amendments made by the House of Commons in the Bill for reviving of a former Act, intituled, "An Act for avoiding unnecessary Suits and Delays; and for continuing of One other Act, intituled, An Act for the better settling of Intestates Estates."

Which, being read Twice, were Agreed to.

Message to H. C. that the Lords agree to it; and for a Conference on the Method of returning Bills.

A Message was sent to the House of Commons, by Sir Edward Lowe and Sir John Hoskins:

To desire a Conference, next after the Conference appointed Yesterday, in the Painted Chamber, about some Methods and Proceedings of Parliament, in relation to Bills.

Also to acquaint them, that this House agrees with them in the Amendments for continuing the Act for avoiding unnecessary Suits and Delays; and the Act for the better settling of Intestates Estates: And also that this House agrees to the Bill for burying in Woollen.

The Commons being come for the Conference; the Lord Privy Seal, Earl of Bridgwater, Earl of Essex, Earl of Shaftesbury, and the Bishop of Durham, were appointed to report this Conference.

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

Report of the Conference on the Bill concerning the Measurement of Keels and Boats.

Then the Lord Privy Seal reported the Effect of this Conference; which was managed by Sir George Downing; who said, "That whereas the Lords sent down some Amendments in the Bill for Admeasurement of Keels and Boats carrying Coals, the Commons do not agree to them; in which Amendments, Sunderland is made a distinct Port, which never was so, but a Member of Newcastle, and the Officers of Newcastle are Officers of Sunderland: That, by the Act of Car. II. 14. against Frands, the making of this Port is vested in the King, and He to declare the Members of all Head Ports.

"That a Commission under the Great Seal did after appoint Sunderland to be a Member of Newcastle; so now tis so by virtue of Act of Parliament, being by the King's Patent grounded thereon. It is necessary also for the Managery of the Trade, which is chiefly Coals: Therefore the Commons pray their Lordships Agreement therein.

"Concerning the Second Head of the Proviso, the Commons say, That, by the Statute of 9 H. V. which appoints Commissioners to be nominated by the King, wherein there is no Proviso for Durham, yet the Commissioners did issue Commissions under the Seal of the Bishop of Durham; and so may still, without a Proviso.

"The Commons do the rather not admit a Proviso, because of the Generality of the Words upon old Usage, which are antiquated; and they desire no Innovation, but desire their Lordships agree with them in laying aside this Proviso."

This House agrees with the House of Commons, in passing this Bill, without Amendments.

Protestant Strangers to exercise Trades, Bill.

Hodie 3^a vice lecta est Billa, "An Act for the empowering and licensing of Protestant Strangers and Foreigners to exercise their Trades in the Places mentioned in this Act."

A Proviso was offered, and read; but not Agreed to.

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

It was Resolved in the Affirmative.

Answer from H. C.

The Messengers sent to the House of Commons return with this Answer:

That they will give a Conference, as is desired.

The Lord Chancellor, Lord Privy Seal, Earl of Bridgwater, Earl of Shaftesbury, and the Lord Bishop of Sarum, are appointed to manage this Conference.

Message to them, that the Lords agree to the Keels and BoatsBill, and Protestant Strangers Bill.

A Message was sent to the House of Commons, by Sir Edward Low and Sir John Hoskins:

To let them know, that the Lords agree to the Bill for Admeasurement of Keels and Boats carrying Coals, leaving out the Amendments.

2. To deliver to them the Bill for the empowering and licensing of Protestant Strangers and Foreigners to exercise their Trades, and to desire their Concurrence thereunto.

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

Report of the Conference about the Method of returning Bills.

The Lord Privy Seal reported, "That the Managers have delivered to the House of Commons what they had in Command to acquaint them, concerning the undue Method in returning of Bills Yesterday and this Day, which Course seemed strange to some of the Commons, that managed the Conference; but they said, they will report to the House of Commons what was delivered at the Conference."

Marriott 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 26th Day of June last (with the Transcript thereof), wherein Judgement is entered for the King's Majesty, against Symon Marriot, upon an Indictment for Forgery; upon which Writ, Errors being assigned by the said Symon Marriott, and Issue joined by John Smith who prosecutes 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 Judgement given on His Majesty's Behalf against the said Symon Marriott be, and is hereby, affirmed; and that the Transcript of the said 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.

Darrell versus Whitchcot.

This House taking into Consideration this Day what Relief to give to Marmaduke Darrell Esquire, upon the whole Matter, in the Cause depending between the said Marmaduke Darrell and Sir Paul Whichcot, Son and Executor of the last Will of Sir Jeremy Whichcot Baronet deceased:

After serious Consideration had thereof, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Paul Whichcot shall pay, or cause to be paid, unto the said Marmaduke Darrell (or to such other Person as the said Marmaduke Darrell shall appoint to receive the same) the Sum of Two Thousand Pounds Sterling, on or before Saturday the Twentieth Day of this Instant July; and that the said Sir Paul Whichcot so paying the said Two Thousand Pounds as before is directed, and having an Acquittance for the same under the Hand and Seal of the Person to whom he shall so pay the same, he the said Sir Paul Whichcot shall be, and is hereby, discharged from any further Accompt concerning the Matters for which the Petitions of the said Marmaduke Darrell against the said Sir Jeremy Whichcott and Sir Paul Whichcot was brought into this House.

Cole's Pet concerning a nuncupative Will:

Upon reading the Petition of Sarah Cole, Widow and Relict of Basset Cole Esquire, deceased, concerning a nuncupative Will of her Husband, whereby she claims the Personal Estate of her said Husband, in Contradiction of a written Will by him made, and other Matters in the said Petition set forth:

Rejected.

After Consideration had of the Nature of the said Petition, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Sarah Cole be, and is hereby, dismissed this House.

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.

Reading versus Sir G. Cooke & al. Commissioners of Sewers for HatfieldLevel.

Upon hearing Counsel this Day, at the Bar, on the Behalf of Nathaniell Reading Esquire, touching the several Matters in his Petition complained of, and of the Orders which have been made at Private Courts of Sewers for the Level of Hatfeild Chace, by Sir George Cooke, John Boynton, George Westby, and others, in the Time of Adjournment, in Contradiction to what had been publicly settled at General Courts of the said Commissioners, and of other oppressive and illegal Proceedings had against him, by Mr. John Bradborne's opposing with Force the Execution of a Decree of Sewers made in Pursuance of an Agreement between the Petitioner and the Commissioners of Sewers for the said Level, for Satisfaction of Monies long since expended by him, and due to him for his Service as their Officer, and also of several Suits brought against him and his Servants in His Majesty's Courts at Westm. and elsewhere, by the said John Bradborne and others; as also upon the several Answers of Sir George Cooke Knight, John Millington, Toby Humfrey, and George Westby, Esquires:

After due Consideration had of what was offered at the Bar, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Commissioners of Sewers, as also the said John Bradborne and the other Participants of and in the said Level of Hatfeild Chace, shall have Notice given them of the Petition and Complaints of the said Nathaniell Reading made against them; who are hereby required to appear, and put in their Answer, or respective Answers, in Writing, to the said Complaints, within Ten Days next after the Meeting of the Lords in Parliament, after the Recess now at Hand, unless that in the mean Time they give Satisfaction to the Petitioner, according to their usual Orders and Agreement: And it is further ORDERED, That in the mean Time all Actions and Suits, which have been brought by any Person whatsoever against the said Nathaniell Reading or his Servants, for any Matter or Thing done in Pursuance of the said Decree of Sewers (notwithstanding that the said Decree be since reversed), shall be by Authority of this Order stayed, until this House be further moved concerning the same.

L. Culpeper, Privilege:

Upon Complaint made to this House of a Breach of Privilege, committed against the Lord Colepeper, a Peer of this Realm, by the Mayor of Winchilsea, John Arnold, Francis Sampson, John Swift, Benjamin Jackson, and William Smith, in distraining on his Lands, and disturbing his Tenants, in Broomehill, in Kent and Sussex, within the Time of Privilege of Parliament:

Mayor of Winchilsea, Arnold & al. sent for, for disturbing his Possession of Broomehill.

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Mayor of Winchilsea for the Time being, John Arnold, Francis Sampson, John Swift, Benjamine Jackson, and William Smith, be, and are hereby, required to appear at the Bar of this House, to answer to the said Complaint, on the Third Day of the Sitting of the Parliament next after the Recess now at Hand.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 15^um diem instantis Julii, hora decima Aurora, Dominis sic decernentibus.