House of Lords Journal Volume 13: 12 July 1678

DIE Veneris, 12 die Julii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Supply Bill.

The House was adjourned into a Committee during Pleasure, to consider of the Bill for granting a Supply to His Majesty.

The House was resumed.

The Earl of Bridgwater reported, "That the Committee of the whole House have been in Consideration of the Bill for granting a Supply to His Majesty, of Six Hundred and Nineteen Thousand Three Hundred Eighty-eight Pounds, Eleven Shillings, and Nine Pence, for disbanding the Army, and other Uses therein mentioned; and are of Opinion, That the same do pass as it is, without any Amendments."

Hodie 3^a vice lecta est Billa, "An Act for granting a Supply to His Majesty, of Six Hundred and Nineteeen Thousand [ (fn. 1) Three Hundred] Eighty-eight Pounds, Eleven Shillings, and Nine Pence, for disbanding the Army, and other Uses therein mentioned."

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

It was Resolved in the Affirmative.

Prisoners for Debt, Relief Bill.

The Earl of Bridgwater reported, "That the Committee to whom the Bill for better Relief and Discharge of poor Prisoners was recommitted have framed Two Provisos, fit as they conceive to be added to that Bill."

The Provisos were read; and, with small Amendments, were Agreed to.

Hodie 3^a vice lecta est Billa, "An Act for the further Relief and Discharge of poor distressed Prisoners for Debt."

The Question being put, "Whether this Bill, with the Provisos now read, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to these Bills.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir John Francklyn:

1. To let them know, that the Lords have passed the Bill for granting the Supply to His Majesty.

2. To return the Bill for Relief and Discharge of poor Prisoners; to which the Lords do agree, with Two Provisos, wherein the Concurrence of the Commons is desired.

Message from H. C. for a Conference, on the Bill for burying in Woollen.

A Message was brought from the House of Commons, by Sir Henry Ford and others:

To desire a Conference, concerning the Matter of the last Conference, touching the Amendments in the Bill for burying in Woollen.

The Answer returned was:

Answer.

That the Lords agree to a Conference, as is desired; and do appoint the same to be at Five of the Clock this Afternoon, in the Painted Chamber.

Herbert versus Woodward.

Upon reading the Petition of William Herbert, Defendant in a Writ of Error brought into this House by Francis Woodward; shewing, "That the said Francis Woodward, upon a Certiorari to the Lord Chief Justice of the Court of King's Bench directed, his Lordship, through Misinformation of the said Francis Woodward, certified to this Court, That the Declaration in the Judgement recited in the said Writ of Error is not continued, which in Truth is continued; and therefore prayeth an Alias Certiorari:"

It is thereupon ORDERED, That a Writ of Alias Certiorari be issued, and directed to the Lord Chief Justice of the Court of King's Bench, to certify the Continuance of the said Declaration, as his Lordship shall see Cause.

Marriott versus Regem, in Error.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, to argue the Errors assigned by Simon Marriott, upon a Writ of Error by him brought into this House, to which the King's Majesty is made Defendant, To-morrow, being the 13th Day of this Instant July, at Ten of the Clock in the Forenoon; whereof the Person who prosecutes on His Majesty's Behalf is to cause timely Notice to be given to the said Symon Marriot for that Purpose.

Pawn-brokers Bill.

Whereas this Day was appointed to hear Counsel, for John Bush, John Row, Robert Grimes, and William Comper, and the rest of the Pawn-brokers, against a Bill, intituled, "An Act for regulating the Pawn-brokers;" for which Hearing the House had not Time sufficient:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, for the said Persons, as also for the Prosecutors of the said Bill, To-morrow, being the 13th Instant, at Nine in the Forenoon.

ORDERED, That the Committee for Privileges do meet To-morrow Morning, at Eight of the Clock.

Darrell versus Whitchcot.

The House taking into Consideration the ascertaining the Relief to Marmaduke Darrell, (fn. 2) is to be First Business To-morrow Morning.

Reading versus Sir G. Cook & al.

The Cause between Nathaniell Reading, against Cooke and others, shall be heard this Afternoon.

Clothiers Pet.

ORDERED, That the Petition of the Clothiers is to be heard when the Bill against transporting of Wool is read the Second Time.

Woolley versus Robinson, in Error.

Whereas this House had appointed to hear Counsel, at the Bar, on both Parts, on Tuesday last, to argue the Errors assigned by William Woolley, upon a Writ of Error by him brought into this House, wherein Thomas Robinson is Defendant; the said Defendant then appearing by his Counsel, but the said Plaintiff not appearing, nor any Counsel for him; it is ordered, that the Judgement given by the Judges, in the Chamber of the Exchequer, for the said Thomas Robinson, should be affirmed, unless good Cause were this Day shewed by the said William Wooley to the contrary:

The said Defendant's Counsel this Day appearing; but neither the said William Wooley appearing, nor any Counsel for him; it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given for the said Thomas Robinson in the Exchequer Chamber, recited in the Transcript to the said Writ of Error annexed, be, and is hereby, affirmed; and that the Transcript aforesaid be remitted to the Court of King's Bench, to the End that the said Thomas Robinson may have Execution of the said Judgement given in the Exchequer Chamber, as if no such Writ of Error had been by the said Thomas Wooley brought into this Court: And their Lordships do further adjudge, That the said William Wooley shall pay to the said Thomas Robinson the Sum of Five 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.

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.

Protestant Strangers to exercise their Trades, Bill.

The Earl of Bridgwater reported, "That the Committee have considered the Bill for licensing Protestant Strangers and Foreigners to exercise their Trades; and have made some Amendments therein, which are offered to the Consideration of the House."

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

The Commons being ready in the Painted Chamber for the Conference, the House appointed the same Lords which managed the last Conference to report this.

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

Report of the Conference on the Bill for burying in Woollen.

The Lord Chancellor reported the Conference, to this Effect:

"That this Conference was managed by Sir George Downing, who told their Lordships, That the Commons do adhere to their Amendment made in the Bill for burying in Woollen, for not paying to His Majesty the Fourth Part of the Penalty given by that Act.

"As to their Lordships First Reason, That the King was Debitor Pænæ; the Commons grant it to be the Common Law; but when created by a Statute, the Penalties are altered.

"To their Lordships Second Reason, That the House of Commons had agreed with the Lords in One Amendment; the Commons say, the Cases are not equal; for, in the Amendment agreed to by the Commons, the Loss is upon the Officers, who are of Substance, and able to bear; but the Penalty wherein they agree not, concerns every poor Body; and therefore hope their Lordships will much more agree with them therein, than in that for the Rich. If the King have a Share, it may occasion many to be brought up to London, and be very vexatious, and bring the Justices to be Accomptants, which would make them decline the Execution, from the Trouble of it.

"To their Lordships Third Reason, That the King having a Part of the Penalty, will facilitate the Execution; the Commons differ in Opinion with their Lordships; for they conceive the Benefit to Informers will rather quicken the Execution, and the Smallness of the Reward will make the Business sink in their Hands.

"The Commons say, That Wool is the Aureum Vellus of England; London Bridge, and England stands upon it: That Wool is now at a very low Rate, and the Laws against transporting will not raise it, which hath occasioned this Bill, to spend our Wool this Way; and thereby hinder the chargeable Expence of Foreign Manufactures.

"They concluded, That there was a perpetual Statute already in Force, for the Penalty of Five Pounds in this Case, whereof the Informer was to have Half, and the King none: To give the King now Half the Informer's Share, would certainly weaken the Execution; and this being an Act to enforce the better Execution of the Law by a larger Penalty, they hoped their Lordships would concur in the distributing it as in the former Act."

This House agrees with the House [ (fn. 4) of Commons] in the Matter of this Conference.

Message from H. C. that they agree to the River Fale Bill, Prisoners Bill, and the Highways Bill;--and for a Conference on the Keels and Boats Measurement Bill.

A Message was brought from the House of Commons, by Sir John Birkenheade and others:

To let their Lordships know,

1. That the Commons agree to the Amendment in the Bill for making navigable the River of Fale, in the County of Cornwall.

2. They agree to the Amendments in the Bill, intituled, "An Act for the further Relief and Discharge of poor Prisoners for Debt."

3. They agree to the Amendments to the Bill for repealing a Clause in a former Act for enlarging and repairing of Common Highways.

Also to desire a Conference, upon the Amendments made by this House to the Bill for Admeasurement of Ships and Boats carrying Coals.

The Answer returned was:

Answer.

That their Lordships will give a Conference, as is desired; and appoints the same to be To-morrow Morning, at Eleven of the Clock.

Payne versus Wallis.

Upon hearing Counsel, at the Bar, in the Cause upon the Petition of John Payne and Sarah his Wife, being an Appeal from the Dismission of their Bill of Review in the Court of Chancery, in Hillary Terme last, concerning the Real and Personal Estate of Sarah Walsall, Grandmother to the Petitioner Sarah; as also upon the Answer of Elston Wallis and Sarah his Wife put in thereunto:

After due Consideration had of what was offered on either Part thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of John Payne and Sarah his Wife be, and is hereby, dismissed this House.

Order against frivolous Petitions.

For preventing the bringing of frivolous and scandalous Petitions into the House of Peers; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That no Petition of Appeal from any Decree in Equity be henceforth presented to this House, unless the same be subscribed by some known Practiser at Law, as well as by the Petitioner.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 13^um diem instantis Julii, hora nona Aurora, Dominis sic decernentibus.