House of Lords Journal Volume 13: 30 May 1678

DIE Jovis, 30 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Protestant Strangers Bill.

The Lord Bishop of London reported, "That the Committee for the Bill for Relief of poor Protestant Strangers have considered of the said Bill, and have made Amendments therein, which they offer to the Consideration of the House."

The said Amendments were read Twice, and Agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Fortescue's Bill.

Hodie 1 vice lecta est Billa, "An Act on the Behalf of John Fortescue, for the executing certain Trusts devolved upon Infants."

The Lord Chancellor acquainted the House, "That he was commanded by His Majesty to recommend a Petition to their Lordships, which was presented to Him by the Lord Viscount Mountagu."

Which Petition and Reference was read, as follows:

Visc. Mountagu's Petition to the King, against Vise. Hereford's Right to his Title.

"To the King's Most Excellent Majesty.

"The humble Petition of Francis Viscount Mountagu;

"Sheweth,

"That whereas Walter Lord Ferrers was, by Letters Patents, bearing Date in the 4th Year of King Edward VIth, advanced to the Title of Viscount Hereford, and to the Heirs Males of His Body; and Walter his Grandson created Earl of Essex in 4^to Eliz. and to the Heirs Male of his Body: And whereas Robert Son and Heir of the said Walter Earl of Essex was attainted for Treason in 43 Eliz. so that all his Honours were forfeited, and his Blood corrupted; whereupon Robert his Son and Heir, by Petition in Parliament, in the First Year of the Reign of Your Royal Grandfather King James, obtained a special Act, for the restoring of himself, with the Lady Frances and Dorothy his Sisters, in Blood, and enjoyed the Titles and Dignities of Earl of Essex, Viscount Hereford, and Lord Ferrers, accordingly; but, dying without Issue, the Titles of Earl of Essex and Viscount Hereford became legally extinguished: Nevertheless, that Sir Walter Devereux Baronet, Grandson by a Second Venter to the before specified Walter First Viscount Hereford, did, notwithstanding the said Attainder, assume the Title of Viscount Hereford: And, since Your Majesty's happy Restoration, Leicester Devereux Baronet, late deceased, Son and Heir to the late Sir Walter, did the like, taking his Place and Precedence in this Your Majesty's Parliament as the Senior Viscount of this Realm of England; and moreover, that the Son and Heir of the said Leicester Devereux, now in Minority, assuming the same Title of Viscount Hereford, is ranked in the Catalogue of the Nobility as Viscount Hereford, with the like Precedency, to the Derogation of Your Majesty's Royal Dignity, and Wrong of Your Petitioner and other the Peers of this Realm.

"Your Petitioner therefore most humbly prayeth, That the Record for the First Advancement of the said Walter Lord Ferrers to the Title of Viscount Hereford, as also the Act of Attainder of the said Robert Earl of Essex, and Restoration of Robert his Son and his Two Sisters, may be inspected; and, according to what shall appear from those before recited Records, that Right might be done to all Persons concerned.

"And Your Petitioner shall pray, &c.

"Mountagu."

King's Reference.

"At the Court at Whitehall, May 30th, 1678.

"His Majesty is graciously pleased to refer the Consideration of this Petition to the Right Honourable the House of Peers, to do therein as (fn. 1) their Lordships shall find just.

"J. Williamson."

Order thereupon.

ORDERED, That, in this Case, the Parole shall demur, until the Instant petitioned against come of Age.

Dean of St. Paul's Bill.

Hodie 2^a vice lecta est Billa, "An Act for increasing [ (fn. 2) the Revenue of the Dean of St. Paul's], and assuring the Estates of his Tenants in Shadwell in the County of Midd."

Memorandum, That the Interlineation of these Words ["the Revenue of the Dean of St. Paul's"] was made before the Examination of this Page, which hath been examined, Junii 3, by

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

J. Bridgewater.

Essex.

Stafford.

Fauconberg.

P. Bath & Wells.

R. Chichester.

Holles. R. Arundell.

Their Lordships, or any Five of them; to meet To-morrow Morning, at Nine of the Clock in the Prince's Lodgings; and to adjourn as they please.

Burying in Woollen Bill.

The Earl of Aylesbury reported, "That the Committee have considered of the Bill for burying in Woollen, and have made some Amendments therein."

Which being read Twice; after some Debate, it is ORDERED, That the said Bill is re-committed; and the Lord Treasurer is added to that Committee.

Order concerning the Painted Chamber, Lobby, &c.

Upon Report made this Day, by the Lord Privy Seal, from the Lords Committees appointed to consider of the Privileges of the House of Peers, and concerning the Means of keeping good Order in the Painted Chamber, and the Passages and Lobbies belonging to the House of Peers, "That their Lordships have perused the former Order of this House made in the like Case; and do find that the Care of keeping good Order in those Places belongeth to the Charge of the Gentleman Usher of the Black Rod attending this House, together with the Yeoman Usher, and other Under-officers and Door-keepers:"

Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Painted Chamber, and the Lobby between it and the House of Peers, as also the Lobbies belonging to the House of Peers, shall, by the Care of the said Gentleman Usher of the Black Rod, the Yeoman Usher, and Door-keepers, be kept clear from all Footmen, and all other Persons not having Business with the Lords (except such Gentlemen and Pages as attend the Lords and their Assistants); and that no Person be covered when any Peer is there; and that no Person, unless such as have Occasion to speak with some Peer, be admitted further than the Painted Chamber; and also that the Knight Marshal's Men appointed to attend this House do take Care to keep the Stairs and Avenues to the House of Peers, and also the Court of Requests, clear from Disturbance by Footmen, or any other Persons: And it is further ORDERED, That the Lord Great Chamberlain be, and is hereby, desired to take Care, and give Charge to the said Gentleman Usher and Yeoman Usher, and their Under-officers and Doorkeepers, as also to the said Knight Marshal's Men, respectively, to see that these Orders be duly observed; and that the Orders relating to the Painted Chamber, Lobbies, Court of Requests, and Stairs, be fixed to the Doors belonging to this House, that all Persons concerned may take Notice thereof: And lastly it is ORDERED, That His Majesty be desired from this House, by the Lord Great Chamberlain, that a Canopy of State may be set up in the Little Committee Chamber, as heretofore hath been accustomed.

Forster & al. versus Armorer & al.

Upon hearing Counsel this Day, at the Bar, upon the Petition of John Forster Esquire, Robert Clarke, George Clarke, and others, being an Appeal from a Decree made by Sir John Otway, the present Chancellor of the Court of Chancery for the County Palatine of Durham, on the Behalf of Thomas Armorer, Jane Pringle, Bryan Grey, and others, concerning some Estates settled by Thomas Carr Esquire, deceased, Lord of the Manor of Cornhill, in the said County Palatine, and other Matters in the said Petition set forth; as also the Counsel of the said Thomas Armorer, Jane Pringle, Bryan Grey, and other Persons in the said Decree concerned, for Defence and Maintenance thereof:

After due Consideration had of what was offered on either Part concerning the said Decree; it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree, made by Sir John Otway, on the Behalf of the said Thomas Armorer, Jane Pringle, Bryan Grey, and others, as aforesaid, be, and is hereby, reversed.

Countess Portland, Privilege. Recusancy.

Upon reading the Petition of Frances Countess of Portland; praying, "That an Indictment brought against her for Recusancy, at the Sessions of Peace held for the County of Midd. in Time of Privilege, contrary to the said Privilege (as in the Petition is set forth), may be set aside:"

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Privileges, to examine the Matter of Fact set forth in the said Petition, and make Report thereof unto the House.

Walker, Lord Cromwell's Servant, Privilege.

Whereas Robert Bates, who caused James Walker (owned by the Lord Cromwell, a Peer of this Realm, to be his Servant) to be arrested, sitting the Parliament, hath this Day appeared at the Bar:

Bates, &c. released.

It appearing to the House that the Lord Cromwell hath accepted of his Acknowledgment of his Fault, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Bates, and other Persons summoned to appear upon this Account, be discharged from any further Attendance concerning this Matter; the Lord Cromwell having undertaken that the said Robert Bates shall not lose his Debt due from the said James Walker, by reason of his Releasement of him from the said Arrest, in Obedience to the Privilege and Protection of the said Lord Cromwell.

Bradford, a Door keeper, versus Johnson, for assaulting him, Privilege.

It appearing to this House, by the Oath of Ralph Bradford, One of the Door-keepers attending the House of Peers, "That, in the Performance of the Duty of his Place, he was lately assaulted and wounded, by one Alexander Johnson, late Servant to Charles Gerard Esquire, Son of the Right Honourable the Lord Gerard of Brandon:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Body of the said Alexander Johnson, and bring him in safe Custody to the Bar of this House, to answer for his said Offence; and this shall be a sufficient Warrant on that Behalf.

To Sir George Charnock Knight, Serjeant at Arms attending this House, his Deputy and Deputies, &c.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 31^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.