House of Lords Journal Volume 13: 4 March 1678

DIE Lunæ, 4 die Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cartwright's Bill dismissed.

The Earl of Cardigan reported, "That the Committee for the Bill concerning the Estate of John Cartwright Esquire deceased hath considered the said Bill; and some of the Parties therein concerned do not agree, but oppose the passing of the said Bill: Therefore their Lordships (fn. 1) think not fit to proceed further in it."

Hereupon this House agreed with the Committee, and ordered the said Bill be dismissed.

Smith's charitable Uses Bill.

Hodie 2^a vice lecta est Billa, "An Act for the better Settlement and Employment of the real and Personal Estate of Henry Smith Esquire, for charitable Uses."

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 Three of the Clock in the Afternoon, in the Prince's Lodgings; and to hear all Parties concerned; and to adjourn as they please.

Kelshall Town charitable Uses Bill.

Hodie 2^a vice lecta est Billa, "An Act for settling certain charitable Uses, for the Benefit of the Town of Kelshall, in Suffolk."

ORDERED, That the Consideration of this Bill is committed to the same Committee as the Bill for Mr. Smithe's Estate is.

Inhabitants of Kelshall Pet. against it.

Then was read a Petition of Ralph Eade, William Wright, Thomas Robertson, and John Blowers, Inhabitants of the Town of Kelshall, in the County of Suffolk, on the Behalf of themselves and the rest of the Inhabitants of the said Town; praying, "That they may be heard, before the Bill, intituled, An Act for settling certain charitable Uses for the Benefit of the Town of Kelshall, in Suffolk, pass this House:"

It is thereupon ORDERED, That the said Petition be, and is hereby, referred to the Consideration of the Lords Committees to whom the said Bill is committed; where the Petitioners are to be heard what they have to object against the said Bill, before their Lordships make Report thereof unto the House.

L. Cullen's Bill.

The Earl of Clarendon reported, "That the Committee have considered the Bill concerning the Lord Viscount Cullen; and do think it fit to pass, with some Amendments."

Which were read Twice.

But it being objected, that there are Lands mentioned in the Bill, which are in the Lord Cullen's Power to sell, and are not settled by the Bill in Lieu of the entailed Lands desired to be sold, it is thereupon ORDERED, That the said Bill be re-committed, to the End this Matter may be considered by their Lordships To-morrow Morning, at Nine of the Clock, in the Prince's Lodgings.

Neale versus Regem, in Error.

Upon reading the Petition of Richard Neale Gentleman, Plaintiff in a Writ of Error depending in this House, wherein the King's Majesty is made Defendant; shewing, "That the Petitioner hath assigned Errors, and praying that Issue may be joined in order to the Hearing of the Errors argued:"

It is ORDERED, That the Petitioner cause timely Notice hereof to be given to His Majesty's Attorney General, to the End he may join Issue, as he shall see Cause, on His Majesty's Behalf, on or before Thursday the Seventh of this Instant March, at Ten of the Clock in the Forenoon.

Morgan versus Clarke, in Error.

Upon reading the Petition of Richard Morgan:

It is ORDERED, That this House will hear Counsel, at the Bar, to argue the Errors which are assigned upon the Writ of Error depending in this House, wherein Edmund Clarke is Plaintiff and the said Richard Morgan Defendant, To-morrow, being the 5th Day of this Instant March, at Ten of the Clock in the Forenoon; whereof the said Richard Morgan is to cause Notice to be given to the said Edmund Clark, or his Attorney in the said Cause.

Dennies versus Sir A. Frazier and Dennies.

Upon reading the Petition of Frances Dennyes, the Relict and Executrix of Edward Dennyes Esquire; shewing, "That she hath a Petition of Appeal depending in this House, to which Sir Alexander Frazier One of His Majesty's Physicians, and Bridget Dennyes by her Guardian, were by several Orders of this House appointed to put in their Answer, or respective Answers, which, by reason of Prorogations ensuing, was not done; and therefore praying, that there may be a Day limited for that Purpose:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Alexander Frazier and Bridget Dennyes by her Guardian and Committee be, and are hereby, required to put in their Answer, or respective Answers, in Writing, on Monday the Eleventh Day of this Instant March, at Ten of the Clock in the Forenoon; whereof the said Frances Dennyes is to cause timely Notice to be given to the Guardian of the said Bridget Dennyes and the said Sir Alexander Frazier for that Purpose.

Moore versus Shalcross, in Error.

Whereas, upon hearing the Errors argued on the 23th Day of February last, upon the Writ of Error wherein Richard Moore was Plaintiff and Richard Shalcross Defendant, the House of Peers found Cause to affirm the Judgement given in the Court of King's Bench for the said Richard Shalcross against the said Richard Moore, and ordered that Costs should be taxed by the Court of King's Bench for the said Richard Shalcross:

Upon reading the Petition of the said Richard Shalcross this Day, praying that this Court would ascertain the Costs to be recovered by the said Richard Shalcross in this his Case, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Moore shall pay to the said Richard Shalcross the Sum of Ten Pounds, for his Costs by reason of the Delay of Execution of the said Judgement, occasioned by bringing the said Writ of Error into this Court, to be recovered by the Rules and Means of Costs taxed by the Court of King's Bench in like Cases.

Scudamore versus James & al.

Upon hearing Counsel this Day at the Bar, upon the Petition of John Scudamore Esquire, being an Appeal from a Decree made in the Court of Chancery on the First Day of June, 1677, for settling some Customs of the Manor of Kenchurch with Lanithock and Wemgenny, in the County of Hereford; as also the Answers of John Morgan, William James, Peter Grenow, Walter Webb, John Lambert, and Lewis Harris, concerning the same Matter:

After due Consideration had of what was offered on either Part thereupon, the Lords Spiritual and Temporal in Parliament assembled do order and adjudge, That the Decree of the Court of Chancery, made on the said First Day of June, in the Cause concerning the Customs of the said Manor of Kenchurch with Lanitbock and Wemgenny aforesaid, be, and is hereby, reversed; and that the Court of Chancery shall direct that a Trial at Law shall be had upon this Issue, "Whether the Lord of the Manor of Kenchurch with Lanithock and Wemgenny be compellable, by the Custom of the Manor, to renew Estates from Ninety-nine Years to Ninety-nine Years;" and if any Difference shall arise between the Lords and Tenants of the said Manor about the said Issue to be tried, the Lord Chancellor or Lord Keeper of the Great Seal of England for the Time being is hereby appointed to direct a Master of the Court of Chancery to settle the said Issue between them.

E. of Craven, Privilege;-Stockdale & al. released.

Whereas William Stockdall, and William Haward and Robert Hedges his special Bailiffs, now in the Custody of the Gentleman Usher of the Black Rod attending this House, were this Day brought to the Bar, for arresting Christopher Emerson, a menial Servant to the Earl of Craven a Peer of this Realm, within the Time of Privilege of Parliament, where the said Matter of Fact being proved against them, they acknowledged their Offence against this House, and begged Pardon for the same:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Stockdall, William Haward, and Robert Hedges, shall likewise attend the Earl of Craven, and beg his Pardon; and that thereupon they, and every of them, shall be, and are hereby, discharged from any further Restraint for their said Offence, paying their Fees: And this shall be a sufficient Warrant on that Behalf.

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

The (fn. 2) Committees for Privileges are to meet To-morrow in the Afternoon, at Three of the Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, quintum diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

J. Bridgewater.
Scarsdale.
Essex.
Stafford.
P. Bath & Wells.