House of Lords Journal Volume 13: 11 July 1678

DIE Jovis, 11 die Julii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Highways Bill.

Hodie 2^a vice lecta est Billa, "An Act for repealing a Clause in a former Act, intituled, An Act for enlarging and repairing of Common Highways."

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

Their Lordships, or any Five; to meet this Afternoon, at Three of the Clock, in the Prince's Lodgings; and to adjourn as they please.

Additional Duty on Wines, Bill.

The House adjourned into a Committee, to consider of the Bill for granting an additional Duty to His Majesty upon Wines for Three Years.

The House was resumed.

The Earl of Bridgwater reported, "That the Committee of the whole House have considered the Bill for granting an additional Duty to His Majesty upon Wines, for Three Years; and are of Opinion, That the same do pass, without any Amendment."

Hodie 3^a vice lecta est Billa, "An Act for granting an additional Duty to His Majesty upon Wines, for Three Years."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to it, and the Bill to recover Debts of Executors, &c.; --and for a Conference on the Bill for burying in Woollen.

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

To desire a present Conference, in the Painted Chamber, concerning the Amendments in the Bill for burying in Woollen.

To let the Commons know, that the Lords have agreed to the Amendments in the Bill for Creditors to recover their Debts of Executors and Administrators of Executors in their own Wrong.

Also to let the Commons know, that the Lords have agreed to the Bill for granting an additional Duty to His Majesty on Wines, for Three Years; and likewise to the Bill for making good a Mortgage made by John Forth deceased.

Answer from H. C.

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

That the Commons will give a Conference, as is desired.

Then the Lord Chancellor, Lord Treasurer, Lord Privy Seal, E. Bridgwater, E. Essex, E. Aylesbury, E. Shaftesbury, E. Powis, Vicecomes Fauconberg, and the Lord Bishop of London, were appointed to manage this Conference with the House of Commons; and give them such Reasons as were given in Debate, why their Lordships cannot agree with the Commons in their Amendments.

King's Answer to Pet. about the Title of Viscount Purbeck.

The Lord Privy Seal reported, "That the Lords appointed by this House have waited on His Majesty, and presented Him with the Petition of this House, that His Majesty would please to give Leave that a Bill may be brought in, to disable the Petitioner who lays claim to the (fn. 1) Title of Vicecomes Purbeck from claiming the Title of Viscount Purbeck: To which His Majesty gave this Answer, That He will take it into Consideration."

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

Woollen Manufactures Bill.

This Day the House heard the Counsel of the Merchants trading into the Levant Seas, and the Counsel of the Silk Throwers, and of the Company of Silk Weavers, what they could offer, against the passing of the Bill for the Encouragement of Woollen Manufactures.

Prisoners for Debt, Relief Bill.

Upon Consideration had this Day of the Report made from the Lords Committees to whom the Bill for the further Relief and Discharge of poor distressed Prisoners for Debt was committed:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill be recommitted; to be further considered of by their Lordships To-morrow, at Eight of the Clock in the Forenoon; and that all the Judges now in Town, and His Majesty's Attorney General, are to be then present with their Lordships, in the Prince's Lodgings.

Davyes versus Davyes.

Upon reading the Petition of Henry Davyes Esquire, being an Appeal from a Decree made in the Court of Chester, by the Vice Chamberlain there, on the Behalf of Elizabeth Davies, for the Payment of Fifteen Hundred Pounds by the Petitioner, to the said Elizabeth, out of the Lands settled by Robert Davies Grandfather, and William Davies Father, of the Plaintiff and Defendant; and praying Relief therein:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Elizabeth Davies may have a Copy of the said Appeal; to which she is hereby required to put in an Answer in Writing, within One Week after the Meeting of the Parliament next after the Recess now at Hand: And, in regard the said Appeal was brought into this House so near the End of this Sitting that Proceedings cannot be forthwith had thereupon, it is by their Lordships declared, That the receiving thereof shall not, between this Time and the next Meeting of the Parliament be a Bar to any Execution to be had (by the Rules of the Court of Chester) in Pursuance of the Decree complained of in the said Appeal.

ORDERED, That Mr. Darrell's Business is put off till To-morrow Morning.

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.

Highways Bill.

The Earl of Bridgwater reported, "That the Committee have considered the Bill for repealing a Clause in the Act for enlarging and repairing common Highways; and have made some Amendments therein."

Which were read Twice, and Agreed to.

Hodie 3^a vice lecta est Billa, "An Act for repealing certain Words in a Clause in a former Act, intituled, An Act for enlarging and repairing of common Highways."

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

It was Resolved in the Affirmative.

Lawrence versus Berney.

After hearing Counsel several Days upon the whole Matter, in the Cause depending between Thomas Laurance, Carina Hetly, and Thomas Rolt, and John Berney, being an Appeal of the said Thomas Laurance, Carina Hetly, and Thomas Rolt, from the Court of Chancery to this Court, for the Non-execution of Decrees made there in 1650 and 1651, under which the said Petitioners claim the Possession of certain Lands in Norfolke, late the Lands of Sir Henry Cleere, out of which they were ejected by the said John Berney by Surprize, as in the Petition of the said Thomas Laurance, Carina Hetly, and Thomas Rolt, amongst other Things, is suggested; and after due Consideration had of what was offered at the Bar on either Part thereupon:

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Court of Chancery shall restore the said Thomas Laurance, Carina Hetly, and Thomas Rolt, to the same Possession of the Lands in Question, which they had before they were evicted by Trial at Law; and that, being so restored, they and their Heirs shall be respectively preserved in their Possessions, according to the Rules of Equity.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 12^um diem instantis Julii, hora nona Aurora, Dominis sic decernentibus.