House of Lords Journal Volume 13
3 April 1677

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History of Parliament Trust

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1767-1830

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95, 96, 97, 98

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'House of Lords Journal Volume 13: 3 April 1677', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 95-98. URL: http://british-history.ac.uk/report.aspx?compid=11455 Date accessed: 16 April 2014. Add to my bookshelf


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DIE Martis, 3 die Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Sarum.
Epus. Petriburg.
Epus. Rochester.
Epus. Ely.
Epus. Bristol.
Epus. Bath & Wells.
Epus. Chester.
Epus. Bangor.
Epus. Chichester.
Epus. Landaff.
Epus. Lyncolne.
Epus. Exon.
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Dux Monmouth.
Dux Newcastle.
Marq. Winton.
Marq. Worcester.
Marq. Dorchester.
L. Great Chamberlain.
Comes Marescallus Angl.
L. Steward.
L. Chamberlain.
Comes Kent.
Comes Derby.
Comes Huntington.
Comes Dorset.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Petriburgh.
Comes Scarsdale.
Comes Rochester.
Comes St. Alban.
Comes Clarendon.
Comes Cardigan.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Powis.
Comes Guildford.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Yarmouth.
Ds. Berkeley B.
Ds. Morley.
Ds. Stourton.
Ds. Sandys.
Ds. Windsor.
Ds. Eure.
Ds. Chandos.
Ds. Petre.
Ds. Arundell Ward.
Ds. Tenham.
Ds. Maynard.
Ds. Coventry.
Ds. Howard Esc.
Ds. Leigh.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Carington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Rockingham.
Ds. Gerard Brand.
Ds. Cornwallis.
Ds. Delamere.
Ds. Fretchvile.
Ds. Arundell Trer.
Ds. Butler M. P.
Ds. Duras.
Ds. Butler West.
Ds. Grey Roll.

PRAYERS.

L. Morley's Bill.

Hodie 3a vice lecta est Billa, "An Act for the enabling the Right Honourable Thomas Lord Morley and Mounteagle, Baron of Rye, to make Sale of the Manor of Farelton, and certain Lands and Hereditaments in Farelton, in the County of Lancaster, for Payment of Debts."

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

It was Resolved in the Affirmative.

Message from H. C. with Bills; and to return the Bill for Augmentations to small Vicarages, &c.

A Message was brought from the House of Commons, by Mr. Crouch and others:

1. To return the Bill for confirming and perpetuating Augmentations made by Ecclesiastical Persons to small Vicarages and Curacies; to which the Commons agree, with some Amendments, to which their Lordships Concurrence is desired.

2. Two Bills brought up, to which their Lordships Concurrence is desired:

1. A Bill for taking Affidavits in the Country, to be made Use of in the Courts of King's Bench, Common Pleas, and Exchequer.

2. An Act that the Successor may not be punished for the Simony of his Predecessor.

Message to them, with L. Morley's Bill.

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

To deliver them the Bill concerning the Lord Morley, and desire their Concurrence therein.

L. Kilmorey's Bill.

Hodie 2a vice lecta est Billa, "An Act for the Payment of the Debts of Charles late Lord Viscount Kilmorey, and for raising of Portions for Byron Needham and Charles Needham, Two of his Younger Sons."

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

L. Privy Seal.
Marq. Worcester.
L. Steward.
E. Kent.
E. Huntington.
Comes Dorset.
Comes Bridgwater.
E. North'ton.
E. Denbigh.
E. Berks.
E. Rivers.
E. Petriburg.
E. Scarsdale.
E. Clarendon.
E. Bath.
E. Cardigan.
E. Aylesbury.
E. Powis.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Epus. London.
Epus. Winton.
Epus. Sarum.
Epus. Petriburg.
Epus. Rochester.
Epus. Bristol.
Epus. Bath & Wells.
Epus. Chester.
Epus. Chichester.
Epus. Exon.
Ds. Sandys.
Ds. Chandos.
Ds. Petre.
Ds. Tenham.
Ds. Maynard.
Ds. Leigh.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Lucas.
Ds. Gerard Brand.
Ds. Delamer.
Ds. Fretchvile.
Ds. Butler M. P.
Ds. Arundell Trer.
Ds. Butler West.
Ds. Grey de Roll.

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.

Awbrey's Bill.

Hodie 2a vice lecta est Billa, "An Act to enable Herbert Awbrey and his Trustees to sell Lands, for Payment of his Debts."

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

L. Privy Seal.
Marq. Worcester.
L. Steward.
E. Kent.
E. Huntington.
E. Dorset.
E. Bridgwater.
E. North'ton.
E. Denbigh.
E. Berks.
E. Rivers.
E. Petriburg.
E. Scarsdale.
E. Clarendon.
E. Bath.
E. Cardigan.
E. Aylesbury.
E. Powis.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Epus. London.
Epus. Winton.
Epus. Sarum.
Epus. Petriburg.
Epus. Rochester.
Epus. Bristol.
Epus. Bath & Wells.
Epus. Chester.
Epus. Chichester.
Epus. Exon.
Ds. Sandys.
Ds. Chandos.
Ds. Petre.
Ds. Tenham.
Ds. Maynard.
Ds. Leigh.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Lucas.
Ds. Gerard Brand.
Ds. Delamer.
Ds. Fretchvile.
Ds. Butler M. P.
Ds. Arundell Trer.
Ds. Butler West.
Ds. Grey de Roll.

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

Geery's Bill.

Hodie 2a vice lecta est Billa, "An Act for settling certain Lands belonging to William Geery, of Bushmead, in the County of Bedford, upon Trustees, to be sold, for Payment of Debts."

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

L. Privy Seal.
Marq. Worcester.
L. Steward.
E. Kent.
E. Huntington.
E. Dorset.
E. Bridgwater.
E. North'ton.
E. Denbigh.
E. Berks.
E. Rivers.
E. Petriburg.
E. Scarsdale.
E. Clarendon.
E. Bath.
E. Cardigan.
E. Aylesbury.
E. Powis.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Epus. London.
Epus. Winton.
Epus. Sarum.
Epus. Petriburg.
Epus. Rochester.
Epus. Bristol.
Epus. Bath & Wells.
Epus. Chester.
Epus. Chichester.
Epus. Exon.
Ds. Sandys.
Ds. Chandos.
Ds. Petre.
Ds. Tenham.
Ds. Maynard.
Ds. Leigh.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Lucas.
Ds. Gerard Brand.
Ds. Delamer.
Ds. Fretchvile.
Ds. Butler M. P.
Ds. Arundell Trer.
Ds. Butler West.
Ds. Grey de Roll.

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

West-Derby and Wavertree, E. of Derby & al. Bill.

Hodie 2a vice lecta est Billa, "An Act for ascertaining and establishing the Interest of the Lord and Copyhold Tenants of the Manors of West-Derby and Wavertree, in the County Palatine of Lancaster, in relation to their Fines and Commons."

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

L. Privy Seal.
Marq. Worcester.
L. Steward.
E. Kent.
E. Huntington.
E. Dorset.
E. Bridgwater.
E. North'ton.
E. Denbigh.
E. Berks.
E. Rivers.
E. Petriburg.
E. Scarsdale.
E. Clarendon.
E. Bath.
E. Cardigan.
E. Aylesbury.
E. Powis.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Epus. London.
Epus. Winton.
Epus. Sarum.
Epus. Petriburgh.
Epus. Rochester.
Epus. Bristol.
Epus. Bath & Wells.
Epus. Chester.
Epus. Chichester.
Epus. Exon.
Ds. Sandys.
Ds. Chandos.
Ds. Petre.
Ds. Tenham.
Ds. Maynard.
Ds. Leigh.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Lucas.
Ds. Gerard Brand.
Ds. Delamer.
Ds. Fretchvile.
Ds. Butler M. P.
Ds. Arundell Trer.
Ds. Butler West.
Ds. Grey Roll.

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

Augmentations to small Vicarages, &c. Bill.

The Amendments brought from the House of Commons to the Bill for confirming and perpetuating Augmentations made by Ecclesiastical Persons to small Vicarages and Curacies, were read Thrice, and Agreed to.

Message from H. C. with the Bill for naturalizing Englishmens Children born abroad.

A Message was brought from the House of Commons, by Sir Gilbert Gerard and others; who returned the Bill for naturalizing the Children of His Majesty's English Subjects born in Foreign Countries during the late Troubles; to which the Commons agree, with some Amendments, and adding a Proviso, to which they desire their Lordships Concurrence.

Then the Amendments were read Twice, and Agreed to; and after that, the Proviso was read Twice, and rejected; and Reasons to be given to the House of Commons for the said Rejection, as were mentioned in the Debate.

Message to H. C. for a Conference on it.

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

To desire a Conference with the House of Commons, To-morrow, at Eleven of the Clock, in the Painted Chamber, upon the Amendments and Provisos sent up from them with the Bill for the Naturalization of Children of His Majesty's English Subjects born in Foreign Countries during the late Troubles.

The Lord Privy Seal, the Lord Steward, Earl Bridgwater, Earl of Aylesbury, and the Lord Viscount Hallyfax, are appointed to manage the Conference To-morrow.

Report concerning the Black Rod's Fees.

The Earl of Aylesbury reported from the Committee of Privileges, "That their Lordships have considered of the Petition of Sir Edward Carteret, Gentleman Usher of the Black Rod, referred to them by an Order of the 17th of March last; and that they find not any Precedents for Fees to the Black Rod, for carrying a Lord to His Majesty's Tower of London; but their Lordships find, upon Examination, that the Serjeants at Arms have from Time to Time received, upon their carrying to The Tower of London by Order of the King or Council, from a Duke Twenty Pounds, a Marquis Twenty Marks, an Earl Ten Pounds, a Viscount Eight Pounds, and a Baron Twenty Nobles; and that their Lordships are of Opinion, that the Gentleman Usher of the Black Rod deserves as much at least, but leave the exact Sum to their Lordships Determination."

Hereupon the House made this Order following:

Order thereupon, ascertaining his Fees.

"Upon Report made by the Earl of Aylesbury, from the Lords Committees for Privileges, to whom was referred the Petition of Sir Edward Carteret, Gentleman Usher of the Black Rod, praying, that this House would declare their Will and Pleasure, before he demand any Thing for conveying Lords committed by this House to His Majesty's Tower of London, That their Lordships find no direct Precedent for Fees to the Usher of the Black Rod for that Service; but being informed what Fees His Majesty's Serjeants at Arms have respectively received from Time to Time upon their carrying Noblemen to the said Tower of London by Order of the King or Council, (videlicet,) from a Duke Twenty Pounds, a Marquis Twenty Marks, an Earl Ten Pounds, a Viscount Eight Pounds, and a Baron Twenty Nobles, are of Opinion, That the Gentleman Usher of the Black Rod deserves as much at least; but their Lordships leave the exact Sum to the Determination of this House: It is thereupon ORDERED, That there shall be respectively paid to the Gentleman Usher of the Black Rod attending this House for the Time being, by a Duke Twenty Pounds, by a Marquis Twenty Marks, by an Earl Ten Pounds, by a Viscount Eight Pounds, and by a Baron Twenty Nobles, whenever the said Usher of the Black Rod shall convey any Person of any of the said respective Degrees of Nobility to His Majesty's Tower of London, by Order of this House."

ORDERED, That on Thursday Morning next the House shall be put into a Committee, to consider of the Bill for the better securing the Liberty of the Subject.

Ld. and Ly. Leigh, concerning a Bill to vacate a Fine.

Whereas there is a Bill brought into this House, by the Lady Leigh, intituled, "An Act to make void a Fine, procured to be levied by Thomas Lord Leigh, Baron of Stoneleigh, during his Nonage," which is Once read:

It is this Day ORDERED, That this House will hear Counsel, at the Bar, as well for as against the said Bill, on the First Day of the Sitting of the Parliament next after Easter Week; and that, in the mean Time, it be, and is hereby, recommended to the Lord Privy Seal, the Marquis of Winchester, the Lord Steward of His Majesty's Household, the Earl of Bridgwater, Earl Rivers, Earl of Aylesbury, Earl of Powis, the Lord Viscount of Stafford, the Lord Viscount Hallyfax, the Lord Bishop of Salisbury, Bishop of Rochester, Bishop of Chester, Bishop of Chichester, Lord Berkeley, Lord Maynard, and Lord Delamer, to interpose and mediate for composing all Differences between the said Lord Leigh and his Lady, if they can, and make Report thereof unto this House.

Barret versus Ld. Loftus.

Whereas this Day was appointed peremptorily for the Lord Viscount Loftus, in the Kingdom of Ireland, to put in such Allegations as he should think fit to insist on, by Way of Answer to the Allegations brought into this House by Dacre Barret, alias Lennard, Esquire, against him, upon which this House might proceed to hear the Merits of their Cause:

The Lords having also this Day read a Petition of Charles Monke, on the Behalf of the said Lord Loftus, praying some longer Time to put in his said Answer:

After due Consideration had of the several Days hitherto given to the said Lord Loftus for that Purpose, it is thereupon ORDERED, that this House will hear Counsel, at the Bar, on Friday the Sixth Day of this Instant April, at Ten of the Clock in the Forenoon, upon the Matter of the Allegations of the said Dacre Barret, as it shall then stand before this House: And it is further ORDERED, That the said Charles Monke be, and is hereby required to put in such Answer as he can, on the Behalf of the said Lord Loftus, on Thursday the Fifth instant, by Ten of the Clock in the Forenoon, and that the said Lord Loftus, if he come in due Time, may mend the Answer put in for him, and may likewise be heard by his Counsel thereupon.

Vacat per Ordinem 13th Novembris, 1680, coram

J. Bridgewater.
P. Bath & Wells.
Wm. Peterborough.
Tho. Exon.

*********

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, quartum diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.