House of Lords Journal Volume 13
27 March 1678

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1767-1830

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'House of Lords Journal Volume 13: 27 March 1678', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 196-198. URL: http://british-history.ac.uk/report.aspx?compid=11519 Date accessed: 21 August 2014.


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DIE Mercurii, 27 die Martii.

REX.

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. Cov. et Litch.
Epus. Chester.
Epus. Chichester.
Epus. Landaff.
Epus. Exon.
Epus. St. David's.

Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Norff.
Dux Bucks.
Marq. Winton.
Comes Oxon.
Comes Kent.
Comes Huntingdon.
Comes Bedford.
Comes Lyncolne.
Comes Bridgwater.
Comes North'ton.
Comes Clare.
Comes Manchester.
Comes Berks.
Comes Rivers.
Comes Carnarvon.
Comes Sunderland.
Comes Scarsdale.
Comes St. Albans.
Comes Clarendon.
Comes Essex.
Comes Cardigan.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Shaftesbury.
Comes Powis.
Comes Feversham.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Hallyfax.
Vicecomes Newport.

Ds. Mowbray.
Ds. Berkeley.
Ds. Stourton.
Ds. Windsor.
Ds. Wharton.
Ds. Paget.
Ds. North.
Ds. Chandos.
Ds. Hunsdon.
Ds. Petre.
Ds. Arundell Ward.
Ds. Tenham.
Ds. Maynard.
Ds. Vaughan.
Ds. Carington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard Brand.
Ds. Cornwallis.
Ds. Delamer.
Ds. Frescheville.
Ds. Arundell T.

PRAYERS.

Herring's Bill.

The Earl of Bridgwater reported, "That the Committee have considered the Bill for selling the Estate of John Herring deceased; and having heard all Parties concerned, and being fully satisfied that the passing this Bill will be the Preservation of the Family, the Committee offer it as their Opinion, That this Bill is fit to pass, without any Amendments."

Hodie 3a vice lecta est Billa, "An Act to enable Trustees to sell Lands, for Payment of the Debts of John Herring deceased."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to it.

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

To acquaint them, that the Lords do agree to the Bill concerning John Herring, without any Amendments.

Address for a War with France.

The Earl of Aylesbury reported from the Committee, which was appointed by this House to consider and prepare an Answer to the Reasons of the House of Commons, why they cannot agree to their Lordships Amendments made in the Address intended to be presented to His Majesty, concerning an immediate declaring a War against the French King, a Paper, containing an Answer; which the Committee offers to the Consideration of this House.

The said Paper was read, as follows:

"That, being of the same Mind with the Commons, in our earnest Desire to have a War pursued against France, we think it highly necessary (at a Time when we should be unanimous in our Counsels) that nothing should appear of Difference betwixt the Houses in their Reasons upon a Matter of such high Importance to the Kingdom: And where, in our Answer to the Commons, it may perhaps be necessary to say Things which might afford Matter of fresh Disputes, instead of arriving at that End we all aim at;

"We do therefore rather choose to give this only Answer to the Whole; That, understanding those Treaties are not yet perfected with the Allies, which are absolutely necessary to the vigorous prosecuting of the said War against France, and the obliging of the said Allies not to leave us alone in it, we cannot agree to the Address of desiring His Majesty to declare a War, until the Alliances with the Emperor, Spayne, and Holland, at least, shall be completed; whereof we are confident His Majesty will not be wanting on His Part."

Bill for Discharge of Prisoners for Debt.

The Lord Privy Seal reported, "That the Committee have considered the Bill for discharging of Prisoners; and have made several Amendments therein, which are offered to the Consideration of the House."

The Amendments were read Twice, and Agreed to.

Hodie 3a vice lecta est Billa, "An Act for Discharge of Persons in Prison before the Second of February, 1677."

After the Third Reading, a Proviso to this Bill was added at the Table.

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

It was Resolved in the Affirmative.

Burying in Woollen Bill.

The Earl of Bridgwater reported, "That the Committee have considered the Bill concerning burying in Woollen; and have made some Amendments therein, which are offered to the Consideration of the House."

The Amendments were read Twice, (fn. *) and were Agreed to.

Hodie 3a vice lecta est Billa, "An Act for the burying in Woollen."

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

It was Resolved in the Affirmative.

The Earl of Shaftesbury and the Lord Berkeley are added to the Committee for the Bill of charitable Uses of the Town of Kelshall.

The Committee for the Bill for securing of Prisoners, &c. are appointed to meet To-morrow Morning.

Message to H. C with these Bills.

A Message was sent to the House of Commons, by Sir John Coell and Sir John Franklin; to return these Two Bills, wherein the Lords agree with some Amendments, and desire Concurrence thereunto:

1. The Bill for discharging of Prisoners.

2. The Bill for burying in Woollen.

Sir John Rivers' Bill.

The Lord Viscount Stafford reported, "That the Committee have considered the Bill for paying the Debts of Sir John Rivers deceased; and having received the Consent of all Persons concerned, the Lords have thought fit to make some Amendments therein."

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

Protestant Strangers Bill.

Hodie 1 vice lecta est Billa, "An Act for the Relief of Protestant Strangers."

Partitions Bill.

Hodie 1 vice lecta est Billa, "An Act for the more easy obtaining Partitions."

Woollen Manufactures Bill.

Hodie 2a vice lecta est Billa, "An Act for the wearing of Woollen Manufactures."

Weavers and Turkey Merchants Petition about it.

A Petition of the Weavers was read.

A Petition of the Turkey Merchants was read.

ORDERED, That the Consideration of this Bill is committed to a Committee of the whole House; and the Two aforesaid Petitions to be considered when the Bill is, which is appointed to be the First Day of Sitting after the Adjournment.

E Carlile takes the Oaths.

This Day the Earl of Carlile took the Oaths of Supremacy and Allegiance, and subscribed the Declaration against Transubstantiation, pursuant to the Act for preventing the Dangers which may happen from Popish Recusants. His Witnesses were sworn, and examined by the Lord Chancellor, as to the Truth of the Certificate concerning his Lordship's receiving the Sacrament of the LORD'S Supper.

Witnesses against the E. of Pembroke summoned.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That William Vyncr, Henry Goring Esq. Richard Uphill, John Shellcy, Richard Savage, David Bruce, Thomas Heymes, William Raven, Charles Jackson, Charles Cony, Alice Avery, Richard Wheeler, Robert Thompson, William Browne, Henry Crooke, Thomas Roberts, and William Cadman, be, and are hereby, required to appear before the House of Peers in Parliament assembled, to give Evidence as Witnesses, on His Majesty's Behalf, at the Trial of Phillip Earl of Pembrooke and Montgomery, on Thursday the Fourth Day of April next, at Ten of the Clock in the Forenoon; and hereof they and every of them may not fail, as they will answer the contrary to this House; and that the leaving of a Copy of this Order with each of the said Persons shall be a sufficient Notice of Summons for that Purpose.

Pedlers, &c. for suppressing Bill.

Hodie 2a vice lecta est Billa, "An Act for the better suppressing of Pedlers, Hawkers, and Petty Chapmen."

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

L. Privy Seal.
Dux. Norff.
Marq. Winton.
E. Kent.
E. Bridgwater.
E. North'ton.
E. Clare.
E. Berks.
E. Sunderland.
E. Scarsdale.
E. Clarendon.
E. Essex.
E. Cardigan.
E. Bath.
E. Carlile.
E. Craven.
E. Aylesbury.
E. Burlington.
E. Shaftesbury.
E. Powis.
Vicecomes Stafford.
Vicecomes Newport.

Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Sarum.
Epus. Rochester.
Epus. Chichester.
Epus. Chester.
Epus. Landaff.
Epus. Exon.
Epus. St. David's.

Ds. Berkeley.
Ds. Windsor.
Ds. Wharton.
Ds. Paget.
Ds. North.
Ds. Chand's.
Ds. Hunsdon.
Ds. Petre.
Ds. Arundell W.
Ds. Tenham.
Ds. Maynard.
Ds. Vaughan.
Ds. Carington.
Ds. Ward.
Ds. Colepeper.
Ds. Bellasis.
Ds. Gerard.
Ds. Cornwallis.
Ds. Delamer.
Ds. Frescheville.

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

Serjeant versus Serjeant.

Upon hearing of Counsel several Days at the Bar, upon the Petition and Appeal of William Serjeant and Jane his Wife, from a Decree made in the Court of Chancery, in the Cause heard on the Ninth Day of December, and Fourteenth Day of February, 1675, concerning the settling of the Lands of Richard Serjeant Esquire, deceased, and the Portion of the said Petitioner Jane, and other Matters in the said Decree contained; and upon the Answers of Jane Serjeant Widow, Relict of the said Richard Serjeant, and Henry Parker Esquire, put in thereunto.

After due Consideration had of what was offered on either Part thereupon, it is Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of William Serjeant and Jane his Wife be, and is hereby, dismissed; and that the said Decree of the Court of Chancery be affirmed.

Star versus Sherwell.

Upon reading the Petition of Robert Star Merchant, being an Appeal from a Decree made in the Court of Chancery by the Earl of Shaftesbury on the Behalf of Thomas Sherwell deceased, which, upon the reviving of the said Suit by Thomas Sherwell his Son and Executor, stands confirmed by an Order of that Court lately made, none of the Petitioner's Witnesses having been heard, as in the Petition is alledged.

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Thomas Sherwell, the Son and Executor of the said Thomas Sherwell deceased, may have a Copy of the said Petition, to which he is hereby required to put in an Answer in Writing on Tuesday the Ninth Day of April next, at Ten of the Clock in the Forenoon; and that in the mean Time, all Proceedings in the Court of Chancery are to remain in the same State they now are, without any further Proceedings to be had thereupon.

Hearth-money for more easy collecting.

The Bill concerning Hearth-money to be read the Second Time the Second Day of Meeting after Easter.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Jovis, quartum diem Aprilis, 1678, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

J. Bridgewater.
Clarendon.
Essex.
Craven.
Stafford.
R. Chichestr.
North & Grey.

Footnotes

* Deest in Originali.