House of Lords Journal Volume 11: 28 February 1665

DIE Martis, 28 die Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Privy Seal sat Speaker this Day.

L. Cornwallis, Privilege. Shukforth, &c. discharged.

Upon the humble Petition of Henry Shukforth, Philip Barber, and Robert Clarke, in the Custody of the Serjeant at Arms attending this House, for arresting John Goldsmith, Servant to the Lord Cornwallis, contrary to the Privilege of Parliament; and at the particular Instance of his Lordship on their Behalf:

It is ORDERED, by the Lords Spiritual and Temporal assembled in Parliament, That the said Henry Shuckforth, Phillip Barber, and Robert Clarke, be, and are hereby, discharged from their present Restraint, paying their Fees: And this shall be a sufficient Warrant in that Behalf.

Hopton's Bill.

Hodie 1^a vice lecta est Billa, "An Act for making void of several Conveyances and Assurances, made by Richard Hopton Esquire, Grandson and Heir of Sir Richard Hopton, late of Cannon Frome, in the County of Hereford, fraudulently procured by colour of a forged Will of the said Sir Richard Hopton."

Additional Bill for better collecting the Excise.

Hodie 2^a vice lecta est Billa, "An additional Act for the better ordering and collecting the Duty of Excise."

Committed to these Lords following:

Their Lordships, or any Five of them; to meet this Afternoon, in the Prince's Lodgings, at Three of the Clock; and have Power to adjourn as they shall think fit.

Brick and Tile Bill.

Hodie 2^a vice lecta est Billa, "An Act for the true and well making of Brick and Tile."

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

It was Resolved in the Affirmative.

ORDERED, That the Consideration of this Bill be committed to the same Committee as the Bill concerning the Excise.

King agrees to prolong the Session:

The Lord Chamberlain acquainted the House, "That he hath waited on the King, to know His Pleasure, whether He will prolong the Time for this Session of Parliament to continue for Two or Three Days longer than the Time He formerly declared. And His Majesty, in Compliance to their Lordships Desire, is willing the Houses of Parliament do fit until Thursday next; and declared it will be very inconvenient for His Majesty's Occasions if the Session should continue longer."

Message to H. C. to acquaint them with it; and for a Conference, on the E. of Thanet's Bill.

A Message was sent to the House of Commons, by Sir Moundeford Brampston and Sir Nathaniell Hobert:

To desire a present Conference, in the Painted Chamber, touching the Bill concerning the Earl of Thannett.

Also to acquaint them with a Message lately received from the King.

Heads for a Conference on the E. of Thanet's Bill.

The Lord Privy Seal is appointed to manage this Conference; and to let the House of Commons know, "That the adhering to the Words ["Lord Clifford"], the Addition of the Word ["Landsbrough"] is to make the Bill suitable to the Deeds; and concerning the adding of the Proviso after the Third Reading of the Bill, to inform them that it is in Pursuance, and according to, an ancient Precedent in the 35 Year of Q. Eliz."

River Medway Bill.

Next, the Amendments and Alterations and Provisos made by the House of Commons in the Bill for making the River of Medway navigable, were read Twice, and Agreed to.

Chancellor of the Dutchy Bill.

The Lord Ashley reported, "That the Committee have considered the Bill to empower the Chancellor of the Dutchy to grant Commissions to take Affidavits; and they think it fit to pass as it is."

Hodie 3^a vice lecta est Billa, "An Act to empower the Chancellor of the Dutchy to grant Commissions for taking Affidavits within the Dutchy Liberty."

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

It was Resolved in the Affirmative.

Message from H. C. with a Bill, and to return the Two following ones.

A Message was brought from the House of Commons, by Mr. Clifford and others; who brought up a Bill for the returning of able and sufficient Jurors, wherein their Lordships Concurrence is desired.

2. He returned Two Bills:

1. The Bill concerning Deeping Fenns, wherein the Commons have made some Alterations, and added Provisos; to which they desire their Lordships Concurrence.

2. The Bill for settling the Estate of Sir Robert Carr Baronet, sent from their Lordships with Amendments and Provisos, to which the Commons do agree.

Jurors Bill.

Hodie 1^a vice lecta est Billa, "An Act for the returning of able and sufficient Jurors."

Answer from H. C.

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

That they will give a present Conference, as is desired.

Deeping, &c. Fens Bill.

Next, the Amendments and Provisos in the Bill concerning Deeping Fenns, made by the House of Commons, were read Twice, and Agreed to.

ORDERED, That the Lord Berkley of Berk. the Lord Wharton, the Lord Howard of Charlt. and the Lord Bruce, are added to the Committee for the Bill concerning Wildmore Fenn.

ORDERED, That the Lord Wharton and the Lord Vaughan are added to the Committee for the Bill concerning Bricks and Tile.

L. Poulett & al. Bill to sell Lands in Hants.

Then the Amendments in the Bill concerning enabling the Lord Henry Powlett, George Withers, and John Mompesson, to sell the Manor of Abbott Anne, in the County of South'ton, were read Twice, and Agreed to.

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

Bill to prevent Arrests of Judgements.

Hodie 2^a vice lecta est Billa, "An Act to prevent Arrests of Judgements, and superseding Executions."

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

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

Bill to prevent Delays in extending Statutes, &c.

Hodie 2^a vice lecta est Billa, "An Act to prevent Delays in extending Statutes, Judgements, and Recognizances."

ORDERED, That the Consideration of this Bill is committed to the same Committee as the Bill to prevent Arrests of Judgements is.

Marshal's Men to be recompensed for attending this House.

Upon the Petition of the Six Under-marshals, who have daily done their Duty in attending this House during the Three last Sessions of this Parliament:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Treasurer is hereby desired to acquaint His Majesty with their said Service, to the End they may receive such Recompence for the same as His Majesty shall think fit.

L. Colepeper, Privilege, in Sir R. Austin's Suit against Terry.

Whereas there is a Suit commenced, by Sir Robert Austin Plaintiff, against Stephen Terry and Dorothy his Wife, upon an Action for Arrears of Rents for Lands in Bromehill, alias Froomhill, in which Suit the Lord Colepeper is concerned; and Warning is given for a Trial to be had at the Assizes for the County of Sussex now at Hand:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That there should be no further Proceedings in the said Cause during the Privilege of Parliament; and hereof the said Sir Robert Austen, and all Counsellors, Attornies, Solicitors, and other Persons concerned therein, are to take Notice, as the contrary will be answered to this House.

E. of Cardigan, Privilege Palmer and Baker discharged.

Whereas John Palmer and John Baker were, by Order of this House, summoned to appear at the Bar, for arresting Edward Bond, Edward Letts, and William North, Servants to the Earl of Cardigan, a Peer of this Realm, contrary to the Privilege of Parliament:

It is ORDERED this Day, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Palmer and John Baker (who have appeared accordingly) shall acknowledge their Offence unto the Earl of Cardigan, submitting themselves unto his Lordship; and are hereby discharged from any further Attendance concerning the same.

E. Berks, Privilege. Barret and Combes, his Servants, arrested.

Upon Complaint made to this House, "That John Browne, Thomas Davies, and John Forman, have arrested William Barret and Thomas Combes, Servants to the Earl of Berks, a Peer of this Realm, contrary to the Privilege of Parliament:"

Brown, Davis, and Forman, sent for.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Browne, Thomas Davies, and John Forman, do, forthwith upon Sight of this Order, appear at the Bar of this House, to answer their said Offence: And hereof they may not fail.

Adjourn.

Dominus Custos Privati Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, primum diem Martii, 1664, hora decima Aurora, Dominis sic decernentibus.