House of Lords Journal Volume 13
7 June 1678

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 13: 7 June 1678', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 241-242. URL: http://british-history.ac.uk/report.aspx?compid=11547 Date accessed: 31 July 2014.


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DIE Veneris, 7 die Junii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Petriburg.
Epus. Rochester.
Epus. Ely.
Epus. Cov. et Litch.
Epus. Bath & Wells.
Epus. Chichester.
Epus. Lyncolne.
Epus. Exon.
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Monmouth.
Marq. Winton.
Marq. Worcester.
Marq. Dorchester.
L. Great Chamberlain.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Huntingdon.
Comes Bedford.
Comes Dorset et Midd.
Comes Bridgwater.
Comes Leicester.
Comes North'ton.
Comes Devon.
Comes Clare.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Petriburgh.
Comes Carnarven.
Comes Sunderland.
Comes Scarsdale.
Comes St. Alban.
Comes Clarendon.
Comes Cardigan.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Shaftesbury.
Comes Powis.
Comes Feversham.
Vicecomes Mountagu.
Vicecomes Stafford.
Ds. Morley.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North.
Ds. Chandos.
Ds. Hunsdon.
Ds. Arundell Ward.
Ds. Tenham.
Ds. Pawlet.
Ds. Maynard.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard Brand.
Ds. Cornwallis.
Ds. Frescheville.
Ds. Arundell T.
Ds. Butler West.

PRAYERS.

Fortescue's Bill.

The Earl of Bridgwater reported, "That the Committee have considered of the Bill on the Behalf of John Fortescue, for the executing certain Trusts devolved upon Infants; and, having heard all Parties concerned, have thought fit to offer some Amendments to the Consideration of this House."

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

Beaumont and MoseChurches Bill.

The Lord Bishop of Bath & Wells reported, "That the Committee have considered of the Bill for uniting the Churches of Beaumont and Mose, and have made some Amendments."

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

Butter and Cheese Bill.

The Earl of Clarendon reported, "That the Committee for the Bill for the Encouragement of Dealers in Butter and Cheese do offer some Amendments to their Lordships Consideration, as they conceive fit to be made to that Bill."

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

Gresham's Bill.

The Earl of Huntingdon reported, "That the Committee have considered of the Bill for the selling the Rectory of Westerham, for paying the Debts of Edward Gresham; and have made some Amendments therein."

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

Sir John Weld's Bill.

Hodie 2a vice lecta est Billa, "An Act to enable Trustees to pay the Debts of Sir John Weld Knight."

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

L. Privy Seal.
E. Huntingdon.
E. Bedford.
E. Bridgwater.
E. Leicester.
E. North'ton.
E. Clare.
E. Berks.
E. Mulgrave.
E. Rivers.
E. Peterborough.
E. Scarsdale.
E. Clarendon.
E. Cardigan.
E. Bath.
E. Craven.
E. Aylesbury.
E. Shaftesbury.
E. Powis.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Newport.
Epus. Durham.
Epus. Sarum.
Epus. Peterborough.
Epus. Rochester.
Epus. Ely.
Epus. Bath & Wells.
Epus. Chester.
Epus. Chichester.
Epus. Exon.
Ds. Paget.
Ds. North.
Ds. Chandos.
Ds. Hunsdon.
Ds. Pawlet.
Ds. Maynard.
Ds. Byron.
Ds. Colepeper.
Ds. Lucas.
Ds. Gerard de Brand.
Ds. Arundell Trer.

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 think fit.

Darrell versus Whitchcot.

ORDERED, That Darrell's Replication be read on Monday next.

Villiers Claim to the Title of Viscount Purbeck.

This Day being appointed to debate the Business of the Petitioner that claims the Title of Viscount Parbecke; the House took into Consideration in what Method to proceed therein, whether upon the whole Matter together, or to divide it into Parts.

And the Question being put, "Whether to proceed in this Case upon the whole Matter:"

It was Resolved in the Affirmative.

Protest against proceeding in the Case on the whole Matter.

"Before the Question was put, for proceeding in the Case of the Claim for the Title of Viscount Purbeck, Leave being asked, and given, to enter Protest if it was carried in the Affirmative; we do accordingly enter our Dissent: Because, there being Three Points arising from the Debate of the Case; the First, of Illegitimacy; the Second, concerning the Being of a Patent of Honour, which are Matters of Fact and ought to be determined before the Point of Law; which is the Third Point, concerning the extinguishing of Honour by a Fine, which by this House in a full Assembly hath been adjudged, nemine contradicente, cannot legally be done; and that we cannot, upon complicated and accumulative Questions give a Resolution; nor hath the Practice been so, but upon the Case agreed, or single Propositions, except where the House is unanimous in Judgement; whereas in this Cause they appear yet much divided.

"Oxford.
Anglesey.
Winchester.
"Huntingdon.
Bedford.
Shaftesbury.
"J. Bridgewater.
"Northampton.
"Bathe.
Tho. Culpeper."
"Clare.

Villiers' Claim to the Title of Viscount Purbeck: Judges to attend.

The House entering this Day into Consideration of the Case of the Person who claims the Title of Viscount Purbeck:

After some Time spent therein, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the further Consideration thereof is hereby adjourned, to be resumed on Wednesday next, being the 12th Day of this Instant June; at which Time all the Judges (except the Two Lord Chief Justices of the Courts of King's Bench and Common Pleas, and the Lord Chief Baron of the Court of Exchequer) are hereby appointed to be present in the House of Peers; and that, before that Time, His Majesty's Attorney General do bring in to this House a List of such Precedents as he urged before their Lordships in his Argument made upon the said Claim, to the End they may be ready for their Lordships Consideration at the Time aforesaid; and that Mr. Attorney General be present at the same Time.

Hubert versus Porter.

Whereas this House had appointed to hear Counsel at the Bar, on both Parts, in the Cause depending in this House, between Abraham Hubert Plaintiff by Petition, and George Porter Defendant, on Wednesday next, being the 12th Instant:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hearing is hereby put off to Saturday the 15th Day of this Instant June, at Ten of the Clock in the Forenoon; whereof both the said Parties are hereby to take Notice, and attend with their Counsel accordingly.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 8um diem instantis Junii, hora decima Aurora, Dominis tic decernentibus.