House of Lords Journal Volume 13: 23 May 1677

DIE Mercurii, 23 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Barret versus L. Loftus.

Upon reading the Petition of Dacre Barret, alias Leannard, Esquire, this Day, being in the Nature of an Answer to the Petition of the Lord Viscount Loftus, put in to this House on Monday the 21th Day of this Instant May:

It is ORDERED, That the said Lord Loftus be, and is hereby, appointed to give a Note in Writing to the said Dacre Barret, of what Deeds and Settlements made of the Lands in Question he will insist on, by Friday next; which if the said Dacre Barret shall admit were so made, this House will proceed to hear the Cause depending between the said Parties, by Counsel on both Parts, at the Bar, on Wednesday the 30th of this Instant May, at Ten of the Clock in the Forenoon; but if not admitted by the said Dacre Barret, the said Lord Loftus is to have further Time to make Proof thereof; and hereof the Petitioner is to cause timely Notice to be given to the said Lord Loftus, or his Agent in the said Cause.

E. Burlington versus Countess of Norwich.

This House being informed, "That the Countess Dowager of Norwich, by claiming Privilege of Parliament, hath endeavoured to stop a Trial at Law, in the Court of King's Bench, between the Earl of Burlington and others, concerning some Lands and Tenements in Essex:"

The said Countess of Norwich being called in, and asked, "When she had first Possession of the said Lands?" And answering, "That it was gained on Monday Sevennight last:"

The Lords Spiritual and Temporal in Parliament assembled do adjudge, That the said Countess of Norwich hath no Privilege in this Case; and that the Trial in the Court of King's Bench, now stayed, be proceeded in according to Law.

D. of Monmouth versus Countess of Northumb.

Upon reading the Petition of James Duke of Monmouth, a Peer of this Realm; complaining of a Stay of Proceedings at Law made by the Countess Dowager of Northumberland, claiming Privilege of Parliament, as Guardian to the Lady Elizabeth Percy, who is in Possession of certain Lands (which are reverted to the Crown by the Death of the last Earl of Northumberland without Heir Male, as is alledged in the said Petition, and by His Majesty's Letters Patents are granted to the said Duke of Monmouth); and therefore prayeth the Judgement of this House, whether there be Privilege in this Case:

It is thereupon ORDERED, That this House will hear Counsel on both Parts, upon the Point of Privilege, on Monday next, being the 28th Instant, at Ten of the Clock in the Forenoon.

Bill against clandestine Marriages.

ORDERED, That the Committee for the Bill for preventing clandestine Marriages, being sine Die, shall meet on Friday Morning, at Nine of the Clock.

Bishop to preach the 29th May.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be recommended to the Lords the Bishops, to appoint One of their Bench to preach before the House of Peers, in the Abbey Church at Westminster, on Tuesday the 29th of this Instant May, being the Day of His Majesty's Birth and happy Return to His Kingdoms.

E. of Rutland and Sir Scroope How.

In the Cause between Sir Scroope Howe Knight (Son and Heir apparent of John Howe Esquire) and John Earl of Rutland, concerning Differences arising between them and the said John Howe since the Intermarriage of the said Sir Scroope Howe with the Lady Anne Daughter of the said Earl, which, by the Consent of all the said Parties, are submitted to the Judgement and final Determination of this House:

The Lords Spiritual and Temporal in Parliament assembled, having fully heard Counsel on both Parts, at the Bar; after due Consideration had of what was offered therein; for putting a final End to all Differences between the said Parties, do order and adjudge, That the said Earl of Rutland shall, at or before the End of the Second Week of Trynity Terme now next coming, pay, or cause to be paid (to the Use of the said John Howe), the Principal Sum of Ten Thousand Pounds Sterling, together with Nine Hundred Pounds Interestmoney for the same, into the Hands of William Earl of Devonshire, to be by him paid over to the said John Howe, or his Assigns, when it shall be judged by the said Earl of Devonshire that the Settlement to be made by the said John Howe and his Wife, of Four Thousand Pounds per Annum, free from all Incumbrances, shall, by good Conveyances in the Law, be sufficiently executed (wherein Sir William Jones His Majesty's Attorney General is hereby appointed to assist, and give his Advice in Point of Law, if any Dispute arise between the said Parties and their Counsel thereupon, which they cannot otherwise overcome), in Manner and Proportions following; videlicet, Fourteen Hundred Pounds per Annum thereof on the said Sir Scroope Howe for Life in present, and Sixteen Hundred Pounds per Annum upon the Lady Anne his Wife for Life, for her Jointure; the rest to the said John Howe and his Wife for their Lives; and Two Thousand Five Hundred Pounds per Annum, and so much more in Remainder of the said Four Thousand Pounds per Annum as the said John Howe shall think fit and appoint to be settled (with Uses to preserve contingent Remainders) upon the First, Second, Third, and so to the Tenth, and all and every Son of their Two Bodies issuing, and the Heirs Males of the Body of such Sons, and then to Ensients; and the rest of the said Four Thousand Pounds per Annum to be settled on the Heirs Males of the Body of the said Sir Scroope Howe on the Body of the said Lady Anne begotten; and for Want of such Sons and Issue Male, to the Heirs Males of the Body of the said Sir Scroope Howe; and if there shall remain no Issue Male of the said Marriage between the said Sir Scroope Howe and Lady Anne his Wife, and but One Daughter, such Daughter shall have Eight Thousand Pounds for her Marriage Portion; and that the said Ten Thousand Pounds, with Interest before mentioned, so to be paid and given by the said Earl of Rutland, or John Lord Roos, Son and Heir apparent of the said Earl of Rutland, shall be, and be accepted for, the Portion of the said Lady Anne, and in Satisfaction of all Portions or Promises of Portions, either unto the said Sir Scroope Howe, Lady Anne, or John Howe, from the said Earl of Rutland or Lord Roos, and in full of all the Gifts and Appointments made by the late Countess of Rutland, by her Will or otherwise, to the said Lady Anne; and that the said Lady Anne shall have all the Plate marked with the Griffin only, and shall return to the Earl of Rutland all such Things in her Possession that could not be pretended to be given her, if any such be; and that, upon Payment of the said Sum of Ten Thousand Nine Hundred Pounds, as before is directed, the said John Howe is to give Acquittances and Releases to the said Earl of Rutland for the said Sum of Ten Thousand Nine Hundred Pounds, in Satisfaction of all Portions and Promises as aforesaid; and the said Sir Scroope Howe and Lady Anne, and also the Trustees of the late Countess of Rutland (the Legacies being already engaged for), shall transfer and convey all the Lands, both in Fee Absolute and in Lease by Way of Mortgage, unto the said Earl of Rutland and his Heirs, or such Persons as he shall appoint in Trust for him, and then shall deliver up all the Deeds and Writings to the said Earl, or to such Persons as he shall appoint: And the said Sir Scroope Howe and Lady Anne are likewise to release all Mean Profits and Interest since the Death of the said Countess of Rutland, and all Gifts and Appointments made by the said late Countess, as aforesaid; and shall assign to the said Earl of Rutland and his Assigns all Debts belonging to the said Countess of Rutland, or any in Trust for her, which are not yet paid in nor recovered, or suffer the said Earl of Rutland to make Use of the said Sir Scroope Howe and Lady Anne's Names for Recovery thereof, the said Earl first giving Security that the said Sir Scroope Howe and Lady Anne shall not suffer Damages by reason of such Suits in their Names; and all Parties are to perform what is on their Part to be performed (and for which particular Times are not herein limited), at or before the End of Six Weeks next after the End of the said Second Week in Trynity Terme aforesaid; and if the said John Howe fail by the End of the said Six Weeks to make the Settlement according as is herein before directed, the said Earl of Devonshire is to repay the said Ten Thousand Nine Hundred Pounds unto the said Earl of Rutland, or his Assigns; who may keep and detain the same till such Time as the said Settlement shall be made in Manner aforesaid, and all Damages satisfied that shall incur by his the said John Howe's not performing the same within the Time herein before limited; and that, upon Performance of all the Particulars herein before directed to be done on every Part respectively, the original Will of the said late Countess of Rutland is to be delivered up to the said Earl of Rutland, or his Assigns: And lastly, that there may be no Failing in the Execution of this Judgement, it is further ORDERED, by the Consent of all the said Parties, That in all Cases of Difficulty or Obstruction, that may arise by Delay or Omission of any Thing thereby required to be done on either Part, Arthur Earl of Anglesey Lord Privy Seal shall be, and is hereby, empowered to give the Rule and Determination therein, so as this Judgement may take full Effect.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 25^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

Dorsett.
J. Bridgewater.
Clarendon.
Stafford.
G. Winton.