House of Lords Journal Volume 13
26 March 1678


History of Parliament Trust


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'House of Lords Journal Volume 13: 26 March 1678', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 195-196. URL: Date accessed: 22 November 2014.


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DIE Martis, 26 die Martii.


Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Cant.
Arch. Eborac.
Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Sarum.
Epus. Rochester.
Epus. Ely.
Epus. Chichester.
Epus. St. David's.

Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Norff.
Dux Monmouth.
Marq. Winton.
L. Chamberlain.
Comes Kent.
Comes Huntingdon.
Comes Bedford.
Comes Dorset & Midd.
Comes Bridgwater.
Comes North'ton.
Comes Clare.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Carnarvon.
Comes Sunderland.
Comes Scarsdale.
Comes (fn. *) Albans.
Comes Clarendon.
Comes Essex.
Comes Cardigan.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Shaftesbury.
Comes Powis.
Comes Feversham.
Vicecomes Mountagu.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Hallyfax.
Vicecomes Newport.

Ds. Mowbray.
Ds. Berkeley.
Ds. Eure.
Ds. Paget.
Ds. North.
Ds. Hunsdon.
Ds. Petre.
Ds. Arundell W.
Ds. Tenham.
Ds. Maynard.
Ds. Coventry.
Ds. Vaughan.
Ds. Carington.
Ds. Ward.
Ds. Colepeper.
Ds. Bellasis.
Ds. Gerard B.
Ds. Wotton.
Ds. Cornwallis.
Ds. Delamer.
Ds. Frescheville.
Ds. Arundell T.
Ds. Butler West.


The Amendments made by the House of Commons in the Bill concerning John Samine were read Thrice, and Agreed to.

Smith's charitable Uses Bill.

The Lord Delamer reported, "That the Committee for the Bill concerning the charitable Uses of Henry Smith deceased have considered thereof; and, upon Examination, do find that the present Trustees have behaved themselves well in the Execution of their Trust, and therefore find no Cause for the passing of this Bill."


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

It was Resolved in the Negative.

E. of Pembroke's Trial, Order for Witnesses.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord High Steward, by His Majesty appointed for the Trial of Phillip Earl of Pembrooke and Montgomery before the Peers in Parliament, do from Time to Time issue out his Precept or Precepts, for the summoning of such Persons as are to be heard as Witnesses on His Majesty's Behalf at the said Trial; whose Names are for that Purpose, in due Time, to be presented to the said Lord High Steward.

Porter versus Hubbert.

Upon reading the Petition of George Porter Esquire, shewing, "That, being out of Town, he had Notice given him so lately of a Petition of Abraham Hubbert depending in this House, wherein the said George Porter is concerned, that he could not possibly put in an Answer thereunto by the Time limited in the Order of the Fourteenth Instant, and therefore praying a longer Time for that Purpose:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said George Porter hath Time given him to put in an Answer to the said Petition till Monday the Eighth of April next, at Ten of the Clock in the Forenoon.

Attorney Gen. to be heard, about Villir's Claim to the Title of Viscount Purbeck.

Whereas Monday the Eighth Day of April next was appointed, to hear the King's Attorney General, on his Majesty's Behalf, upon the whole Matter of Fact and Law relating to the Claim made to the Title of Viscount Purbeck:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Attorney General shall be heard, on His Majesty's Behalf, relating to the said Claim upon the Points aforesaid, on Monday the 15th Day of April next, at Ten of the Clock in the Forenoon.

Neilder versus Kendall.

Upon reading the Petition of Thomas Kendall; shewing, "That, being in Cornwall, to attend the Assizes to be held for that County, on the 28th Instant, he had Notice given him of the Order of this House, dated the 14th Instant, whereby it is appointed to hear Counsel, at the Bar, on both Parts upon the Merits of the Cause wherein Henry Neilder and Johanna his Wife are Plaintiffs against him, on the said 28th of this Instant March; and therefore praying that in regard of the Distance he is at, and his Attendance on the Assizes, the said Hearing may be put off to a longer Day:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hearing of Counsel upon the Merits of the said Cause be, and is hereby put off to Saturday the 13th Day of April next, at Ten of the Clock in the Forenoon; whereof the said Thomas Kendall is to cause timely Notice to be given to the said Henry Neilder, to prevent his attending with Counsel on Thursday next.

Serjeant versus Serjeant.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow Morning this House will hear the Counsel of Jane Serjeant Widow, Defendant, to the Complaint of William Serjeant Plaintiff, whose Counsel was heard this Day at the Bar.

Lady Mohun versus Mrs. Love, Privilege.

Whereas Anne Love Widow appeared this Day at the Bar, upon the Complaint of the Lady Philippa Dowager Mohun, for ill Language and an Assault by the said Anne Love offered to the Person of the said Lady Mohun:

After hearing the Witnesses for the said Lady Mohun, as also for the said Anne Love; it appearing that there are Suits at Law depending between the said Lady Mohun and Anne Love, they are left to such Relief as the Law will allow them, without any further Order of this House.


Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 27um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.


* Sic.