House of Lords Journal Volume 13
6 April 1677

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 13: 6 April 1677', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 101-103. URL: http://british-history.ac.uk/report.aspx?compid=11458 Date accessed: 20 April 2014. Add to my bookshelf


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DIE Veneris, 6 die Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. Durham.
Epus. Winton.
Epus. Sarum.
Epus. Petriburg.
Epus. Rochester.
Epus. Ely.
Epus. Bristol.
Epus. Gloucester.
Epus. Bath & Wells.
Epus. Chester.
Epus. Chichester.
Epus. Landaff.
Epus. Exon.
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Newcastle.
Marq. Winton.
Marq. Worcester.
Marq. Dorchester.
L. Great Chamberlain.
Comes Marescallus Angliæ.
L. Steward.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntington.
Comes Dorset.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Petriburg.
Comes Scarsdale.
Comes St. Alban.
Comes Clarendon.
Comes Cardigan.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Powis.
Comes Guildford.
Comes Midd.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Yarmouth.
Vicecomes Newport.
Ds. Berkeley B.
Ds. Morley.
Ds. Fitzwalter.
Ds. Stourton.
Ds. Sandys.
Ds. Windsor.
Ds. Eure.
Ds. Chandos.
Ds. Petre.
Ds. Arundell Ward.
Ds. Tenham.
Ds. Grey de Wark.
Ds. Lovelace.
Ds. Maynard.
Ds. Coventry.
Ds. Herbert Cher.
Ds. Leigh.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Carington.
Ds. Bellasis.
Ds. Gerard de Brand.
Ds. Cornwallis.
Ds. Delamer.
Ds. Fretchvile.
Ds. Arundell de Trer.
Ds. Butler M. P.
Ds. Duras.
Ds. Butler West.
Ds. Grey de Roll.

PRAYERS.

Vacat per Ordinem 13tii Novembris, 1680, coram

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

*********

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

The Earl of Aylesbury reported, "That the Committee for the Bill for ascertaining and establishing the Interest of the Lord and Copyhold Tenants of the Manor of West Derby and Wavertree have made some Amendments; and do think the said Bill fit to be engrossed, with the said Amendments."

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

L. Kilmorey's Bill.

The Earl of Aylesbury reported, "That the Committee have considered the Bill for selling Lands of the Lord Viscount Kilmorey, and do think it sit to pass, with some Amendments."

Which, being read Twice, were Agreed to.

Then,

Hodie 3a 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 Nedham and Charles Nedham, Two of his Younger Sons."

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

It was Resolved in the Affirmative.

Message to H. C. with it, and that the Lords have passed David's & al. Nat. Bill.

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

To let them know, that this House hath passed the Bill for the Naturalization of Jacob David and others; and also the Bill to enable Herbert Awbrey and his Trustees to sell Lands.

2. To return the Bill for selling Lands of Charles late Lord Viscount Kilmory; to which the Lords have Agreed, with some Amendments; and desire the Concurrence of the House of Commons thereunto.

Tobacco Pipemaking Bill.

The Earl of Dorset reported from the Committee the Bill concerning the Manufacture of Tobacco Pipes, as sit to be engrossed, with some Amendments.

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

Ly. M. Mordant's Bill.

Hodie 1 vice lecta est Billa, "An Act to enable the Right Honourable the Lady Mary Mordant to make Sale of her Interest in the Manor of Blechingley, and divers Lands in the County of Surrey, notwithstanding her Minority."

Barkeley's Bill.

Hodie 2 vice lecta est Billa, "An Act to enable the Thomas Barkeley Esquire and his Trustees to sell Lands, for Payment of the Debts of the said Thomas Barkeley, and raising Portions for his Younger Children."

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

L. Privy Seal.
L. Steward.
E. Huntingdon.
E. Dorset.
E. Bridgwater.
E. North'ton.
E. Denbigh.
E. Bristol.
E. Berks.
E. Rivers.
E. Peterborough.
E. Clarendon.
E. Craven.
E. Aylesbury.
E. Powis.
E. Guildford.
Vicecomes Conway.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Newport.
Epus. Sarum.
Epus. Petriburg.
Epus. Rochester.
Epus. Ely.
Epus. Gloucester.
Epus. Bath & Wells.
Epus. Chichester.
Epus. Landaff.
Epus. Exon.
Ds. Stourton.
Ds. Sandys.
Ds. Chandos.
Ds. Petre.
Ds. Tenham.
Ds. (fn. *) Grey de Wark.
Ds. Lovelace.
Ds. Maynard.
Ds. Leigh.
Ds. Hatton.
Ds. Byron.
Ds. (fn. †) Vaughan.
Ds. Gerard (fn. ‡) Br.
Ds. Delamer.
Ds. Arundell.
Ds. Grey de Rol's.

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.

Affidavits in the Country, for taking, Bill.

Hodie 2a vice lecta est Billa, "An Act for taking of Affidavits in the Country, to be made Use of in the Courts of King's Bench, Common Pleas, and Exchequer."

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

L. Privy Seal.
L. Steward.
E. Huntington.
E. Dorset.
E. Bridgwater.
E. North'ton.
E. Denbigh.
E. Bristol.
E. Berks.
E. Rivers.
E. Petriburg.
E. Clarendon.
E. Craven.
E. Aylesbury.
E. Powis.
E. Guildford.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Newport.
Bp. of Sarum.
Bp. of Peterborough.
Bp. of Rochester.
Bp. Ely.
Bp. Gloucester.
Bp. Bath & Wells.
Bp. Chichester.
Bp. Landaff.
Bp. Exon.
L. Stourton.
L. Sandys.
L. Chandos.
L. Petre.
L. Tenham.
L. Grey de Wark.
L. Lovelace.
L. Maynard.
L. Leigh.
L. Hatton.
L. Byron.
L. Vaughan.
L. Gerard Brand.
L. Delamer.
L. Arundell Trer.
L. Grey de Roll.

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.

Eldest Sons of Peers Youngest Sons Precedency.

The Earl of Berkeshire reported, "That the Committee of Privileges have met several Times, to consider of the Matter moved to them concerning the Precedency of the Eldest Sons of the Younger Sons of the Peers of this Realm, and their Heirs Males for ever, before the Eldest Sons of Baronets, who claim the said Precedency; upon which they have examined what relates to this Matter, as it is entered in the Earl Marshal's Book, and do offer it to the House as their Opinion, that the Eldest Sons of the Younger Sons of the Peers of this Realm, and their Heirs Males for ever, ought to have Precedency before the Eldest Sons of Baronets; upon which their Lordships have thought fit to offer, that His Majesty may be moved by this House, to give Direction to the Earl Marshal, or his Deputy, that this Matter may be so determined, that there may be no Invasion of this Right for the future."

This House, upon Consideration of this Report, approved only the Matter of the First Part of this Report; and thereupon made this Order following:

"Upon Report made by the Earl of Berks, from the Lords Committees for Privileges, concerning the Precedency of the Eldest Sons of the Younger Sons of the Peers of this Realm before the Eldest Sons of Baronets, which Precedency is claimed by the Eldest Sons of Baronets: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty be humbly moved, from this House, that He will be graciously pleased to declare and give Directions to the Earl Marshal of England, or his Deputy, that it may be settled, that seeing all the Sons of the Nobility take Place of all Baronets, the Eldest Sons of those Sons may also take Place of the Eldest Sons of Baronets, during the Life of such Baronets."

Barret versus L. Loftus.

Upon reading the Allegation of Dacre Barret, alias Lennard Esquire, against the Lord Viscount Loftus of Ely, in the Kingdom of Ireland, this Day in this House, and the Answer of Charles Monke on the Behalf of the said Lord Loftus thereunto; and upon hearing what was prayed by the Counsel on both Parts at the Bar concerning the same:

After due Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lord Viscount Lof tus, or his Agent in the said Cause, be, and is hereby, required to put in such further Answer to the said Allegations, as by which the said Lord Loftus shall be peremptorily concluded (to be left in the Hands of the Clerk of the Parliaments within Ten Days after the Date of this Order) in order to the Hearing of the Merits of the Cause mentioned in the said Allegations of the said Dacre Barret, which is hereby appointed to be heard, by Counsel on both Parts, at the Bar of this House, on the First Monday of the Sitting of the Parliament next after Easter Weeke, at Ten of the Clock in the Forenoon; whereof as well the said (fn. *) Loftus and his Agent in the said Cause, as the said Dacre Barret, are hereby required to take Notice, and attend with their Counsel accordingly.

ORDERED, That the Bill for taking away the Writ de Hæretico comburendo shall be read the Second Time To-morrow Morning.

Adjourn.

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

Footnotes

* Bis in Originali.
Origin. Vaugham.
Origin. Ber.
* Sic