House of Lords Journal Volume 13: 6 June 1678

DIE Jovis, 6 die Junii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Suits and Delays, and Intestates Estates, Bill.

The Earl of Essex reported, "That the Committee have considered the Bill for Continuance of Two Acts, one to prevent Delays in Suits, the other concerning settling of Intestates Estates; and have made some small Amendments."

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

To recover Debts of Executors, &c. Bill.

The Earl of Essex also reported the Bill to enable Creditors to recover Debts of the Executors and Administrators of the Executors in their own Wrong, with some Amendments.

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

Bill against Pedlers, &c.

Hodie 1 vice lecta est Billa, "An Act for the better suppressing of Pedlers, Hawkers, and Petty Chapmen."

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

It was Resolved in the Affirmative.

Writs of Error brought in.

This Day the Lord Chief Justice of the Court of King's Bench brought in Two Writs of Error, to reverse Judgements given in the King's Bench:

Clarke Plaintiff, against Forde Defendant.

Herbert Plaintiff, against Woodward Defendant.

Burying in Woollen Bill.

Hodie 3^a vice lecta est Billa, "An Act for burying in Woollen."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Sam. Clerke and Sir William Childe:

To deliver the Bill for burying in Woollen, and to desire Concurrence thereunto.

Beaumont and Mose Churches Bill.

ORDERED, That the Report of the Bill for uniting the Churches of Beaumont and Mose shall be made Tomorrow Morning.

Severn Fishery Bill.

Hodie 3^a vice lecta est Billa, "An Act for Preservation of Fishing in the River of Severne."

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

It was Resolved in the Affirmative.

Sir Trevor Williams Bill.

Hodie 3^a vice lecta est Billa, "An Act to supply an Omission in the Settlement of the Estate of Sir Trevor Williams Baronet, made upon the Marriage of his Eldest Son, and to enable his Eldest Son to make a Jointure to a Second Wife."

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

It was Resolved in the Affirmative.

Message to H. C. with it, and the Severn Bill.

A Message was sent to the House of Commons, by Sir Tymothy Baldwin and Sir Edward Low; to deliver these Two Bills, and desire Concurrence thereunto:

The Bill for Preservation of Fishing in the River of Severne.

The Bill concerning Sir Trevor Williams.

Butter and Cheese Bill.

Hodie 2^a vice lecta est Billa, "An Act for the better Encouragement of Dealers in Butter and Cheese."

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 Nine of the Clock in the Forenoon, in the Prince's Lodgings; and to adjourn as they please.

Lawrenc; versus Berney.

Whereas there is a Petition and Appeal of Thomas Laurance, Carina Hetly, and Thomas Rolt, depending in this House, to which John Berney hath put in his Answer:

This House being moved, on the Behalf of the said Petitioners, "That a Day may be appointed for hearing the said Cause;" it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, on both Parts, in the said Cause, on Thursday the 13th Day of this Instant June, at Ten of the Clock in the Forenoon; whereof the said Petitioners are to cause timely Notice to be given to the said John Berney for that Purpose.

Bampfield & al. versus Rogers.

Whereas there is a Petition and Appeal of Warwicke Bampfeild, John Winter, and Thomas Warr, depending in this House, to which Anne Rogers hath put in her Answer:

This House being moved, on the Behalf of the said Petitioners, "That a Day may be appointed for hearing the said Cause;" it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, on both Parts, in the said Cause, on Friday the 14th Day of this Instant June, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause timely Notice to be given to the said Anne Rogers for that Purpose.

Hubert versus Porter.

Upon reading the Petition of Abraham Hubert Gentleman; praying, "That a Day may be appointed, to hear the Cause depending in this House, upon an Appeal, to which George Porter Esquire hath put in an Answer as Defendant:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, on both Parts, in the said Cause, on Wednesday the 12th Day of this Instant June, at Ten of the Clock in the Forenoon; whereof the said Abraham Hubert is to cause timely Notice to be given to the said George Porter for that Purpose.

De la Poole versus Okeover.

Whereas, upon the Petition of Sir Henry de la Poole and Dame Elizabeth his Wife, shewing, (amongst other Things), "That Rowland Okeover and his Wife, the Persons complained of in the said Sir Henry de la Poole's Appeal depending in this House, have proceeded, upon the Decree complained of, to a Sequestration of the Estate in Question, and an Order for a Serjeant at Arms to take the Petitioners into Custody, it was, on the 27th of May last, ordered that all Proceedings in the Court of Chancery concerning the Estate in Question be stayed:"

It appearing this Day, by the Petition of the said Rowland Okeover and Elizabeth his Wife, "That the said Sir Henry de la Poole and Dame Elizabeth his Wife stand in Contempt of the Court of Chancery, in not answering to a Bill of the said Rowland Okeover and Elizabeth his Wife, and Samuell Hinton, concerning the Personal Estate of Sir Thomas Pettus, and yet, under Colour of the said Order, endeavour to stay all Proceedings in the Court of Chancery against them in the last mentioned Cause; and therefore the said Rowland Okeover and Elizabeth his Wife pray, that this House would explain their own Order of the 27th of May last in that Point;" it is thereupon ORDERED and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That in all Cases, saving in the Case appealed from to this House by the said Sir Henry de la Poole and Dame Elizabeth his Wife, the Proceedings in the Court of Chancery shall have their due Course against them, not meddling with their Persons while they attend their Appeal depending in this House.

Cottington versus Angela Gallina his Wife.

Whereas the Lords Committees for Privileges, &c. did, on the 3d Instant, order that Mr. Attorney General and the Counsel who were then heard at the Bar should deliver in, to the Clerk of the Parliaments, Lists of such Precedents and Book Cases as were then cited before their Lordships, and such others as the said Counsel should respectively think fit, relating to the Case of Charles Cottington, then before their Lordships:

This House being this Day informed, "That the said Lists nor any of them are yet brought in;" it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lists of Precedents and Book Cases be forthwith brought in, to the Clerk of the Parliaments, to the End that the Original Records and Books cited may be brought before the said Lords Committees on Monday next; and that the said Charles Cottington take Care that due Notice be given to the King's Attorney General and other Counsel for that Purpose.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 7^um diem instantis Junii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 8th Day of June, 1678, by us,

J. Bridgewater.
Stafford.
P. Bath & Wells.
R. Chichester.