DIE Mercurii, 23 die Maii.
Domini tam Spirituales quam Temporales præsentes
||His Royal Highness the Duke of Yorke.
Epus. Cov. et Litch.
Epus. Bath et Wells.
Ds. Thesaurarius Angliæ.
Ds. Custos Privati Sigilli.
L. Great Chamberlain.
Comes Marescallus Angliæ.
Comes St. Albans.
Ds. Arundell Warder.
Ds. Howard de Esc.
Ds. Herbert de Cher.
Ds. Gerard de Brand.
Ds. Arundell de Trerise.
Ds. Butler M. P.
Ds. Butler de West.
Ds. Grey de Roll.
Barret versus L. Loftus.
Upon reading the Petition of Dacre Barret, alias
Leannard, Esquire, this Day, being in the Nature of an
Answer to the Petition of the Lord Viscount Loftus, put
in to this House on Monday the 21th Day of this Instant
It is ORDERED, That the said Lord Loftus be, and
is hereby, appointed to give a Note in Writing to the
said Dacre Barret, of what Deeds and Settlements made
of the Lands in Question he will insist on, by Friday
next; which if the said Dacre Barret shall admit were
so made, this House will proceed to hear the Cause depending between the said Parties, by Counsel on both
Parts, at the Bar, on Wednesday the 30th of this Instant
May, at Ten of the Clock in the Forenoon; but if not
admitted by the said Dacre Barret, the said Lord Loftus
is to have further Time to make Proof thereof; and
hereof the Petitioner is to cause timely Notice to be
given to the said Lord Loftus, or his Agent in the said
E. Burlington versus Countess of Norwich.
This House being informed, "That the Countess
Dowager of Norwich, by claiming Privilege of Parliament, hath endeavoured to stop a Trial at Law, in
the Court of King's Bench, between the Earl of Burlington and others, concerning some Lands and Tenements in Essex:"
The said Countess of Norwich being called in, and
asked, "When she had first Possession of the said
Lands?" And answering, "That it was gained on
Monday Sevennight last:"
The Lords Spiritual and Temporal in Parliament assembled do adjudge, That the said Countess of Norwich hath no Privilege in this Case; and that the Trial
in the Court of King's Bench, now stayed, be proceeded
in according to Law.
D. of Monmouth versus Countess of Northumb.
Upon reading the Petition of James Duke of Monmouth, a Peer of this Realm; complaining of a Stay of
Proceedings at Law made by the Countess Dowager of
Northumberland, claiming Privilege of Parliament, as
Guardian to the Lady Elizabeth Percy, who is in Possession of certain Lands (which are reverted to the
Crown by the Death of the last Earl of Northumberland
without Heir Male, as is alledged in the said Petition,
and by His Majesty's Letters Patents are granted to the
said Duke of Monmouth); and therefore prayeth the
Judgement of this House, whether there be Privilege in
It is thereupon ORDERED, That this House will hear
Counsel on both Parts, upon the Point of Privilege, on
Monday next, being the 28th Instant, at Ten of the
Clock in the Forenoon.
Bill against clandestine Marriages.
ORDERED, That the Committee for the Bill for preventing clandestine Marriages, being sine Die, shall meet
on Friday Morning, at Nine of the Clock.
Bishop to preach the 29th May.
ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That it be recommended to the
Lords the Bishops, to appoint One of their Bench to
preach before the House of Peers, in the Abbey Church
at Westminster, on Tuesday the 29th of this Instant May,
being the Day of His Majesty's Birth and happy Return
to His Kingdoms.
E. of Rutland and Sir Scroope How.
In the Cause between Sir Scroope Howe Knight (Son
and Heir apparent of John Howe Esquire) and John Earl
of Rutland, concerning Differences arising between them
and the said John Howe since the Intermarriage of the
said Sir Scroope Howe with the Lady Anne Daughter of
the said Earl, which, by the Consent of all the said Parties, are submitted to the Judgement and final Determination of this House:
The Lords Spiritual and Temporal in Parliament assembled, having fully heard Counsel on both Parts, at
the Bar; after due Consideration had of what was offered therein; for putting a final End to all Differences
between the said Parties, do order and adjudge, That
the said Earl of Rutland shall, at or before the End of
the Second Week of Trynity Terme now next coming,
pay, or cause to be paid (to the Use of the said John
Howe), the Principal Sum of Ten Thousand Pounds
Sterling, together with Nine Hundred Pounds Interestmoney for the same, into the Hands of William Earl of
Devonshire, to be by him paid over to the said John
Howe, or his Assigns, when it shall be judged by the
said Earl of Devonshire that the Settlement to be made
by the said John Howe and his Wife, of Four Thousand
Pounds per Annum, free from all Incumbrances, shall,
by good Conveyances in the Law, be sufficiently executed (wherein Sir William Jones His Majesty's Attorney
General is hereby appointed to assist, and give his Advice in Point of Law, if any Dispute arise between the
said Parties and their Counsel thereupon, which they
cannot otherwise overcome), in Manner and Proportions
following; videlicet, Fourteen Hundred Pounds per
Annum thereof on the said Sir Scroope Howe for Life in
present, and Sixteen Hundred Pounds per Annum upon
the Lady Anne his Wife for Life, for her Jointure; the
rest to the said John Howe and his Wife for their Lives;
and Two Thousand Five Hundred Pounds per Annum,
and so much more in Remainder of the said Four Thousand Pounds per Annum as the said John Howe shall
think fit and appoint to be settled (with Uses to preserve contingent Remainders) upon the First, Second,
Third, and so to the Tenth, and all and every Son of
their Two Bodies issuing, and the Heirs Males of the
Body of such Sons, and then to Ensients; and the rest of
the said Four Thousand Pounds per Annum to be settled
on the Heirs Males of the Body of the said Sir Scroope
Howe on the Body of the said Lady Anne begotten; and
for Want of such Sons and Issue Male, to the Heirs
Males of the Body of the said Sir Scroope Howe; and if
there shall remain no Issue Male of the said Marriage
between the said Sir Scroope Howe and Lady Anne his
Wife, and but One Daughter, such Daughter shall
have Eight Thousand Pounds for her Marriage Portion;
and that the said Ten Thousand Pounds, with Interest
before mentioned, so to be paid and given by the said
Earl of Rutland, or John Lord Roos, Son and Heir apparent of the said Earl of Rutland, shall be, and be accepted for, the Portion of the said Lady Anne, and in Satisfaction of all Portions or Promises of Portions, either
unto the said Sir Scroope Howe, Lady Anne, or John
Howe, from the said Earl of Rutland or Lord Roos, and
in full of all the Gifts and Appointments made by the
late Countess of Rutland, by her Will or otherwise, to
the said Lady Anne; and that the said Lady Anne shall
have all the Plate marked with the Griffin only, and
shall return to the Earl of Rutland all such Things in
her Possession that could not be pretended to be given
her, if any such be; and that, upon Payment of the said
Sum of Ten Thousand Nine Hundred Pounds, as before
is directed, the said John Howe is to give Acquittances
and Releases to the said Earl of Rutland for the said
Sum of Ten Thousand Nine Hundred Pounds, in Satisfaction of all Portions and Promises as aforesaid; and
the said Sir Scroope Howe and Lady Anne, and also the
Trustees of the late Countess of Rutland (the Legacies being already engaged for), shall transfer and convey all the Lands, both in Fee Absolute and in Lease
by Way of Mortgage, unto the said Earl of Rutland
and his Heirs, or such Persons as he shall appoint in
Trust for him, and then shall deliver up all the Deeds
and Writings to the said Earl, or to such Persons as
he shall appoint: And the said Sir Scroope Howe and
Lady Anne are likewise to release all Mean Profits and
Interest since the Death of the said Countess of Rutland, and all Gifts and Appointments made by the
said late Countess, as aforesaid; and shall assign to the
said Earl of Rutland and his Assigns all Debts belonging to the said Countess of Rutland, or any in Trust
for her, which are not yet paid in nor recovered, or
suffer the said Earl of Rutland to make Use of the
said Sir Scroope Howe and Lady Anne's Names for Recovery thereof, the said Earl first giving Security that
the said Sir Scroope Howe and Lady Anne shall not suffer
Damages by reason of such Suits in their Names; and
all Parties are to perform what is on their Part to be
performed (and for which particular Times are not
herein limited), at or before the End of Six Weeks
next after the End of the said Second Week in Trynity
Terme aforesaid; and if the said John Howe fail by the
End of the said Six Weeks to make the Settlement according as is herein before directed, the said Earl of
Devonshire is to repay the said Ten Thousand Nine
Hundred Pounds unto the said Earl of Rutland, or his
Assigns; who may keep and detain the same till such
Time as the said Settlement shall be made in Manner
aforesaid, and all Damages satisfied that shall incur by
his the said John Howe's not performing the same
within the Time herein before limited; and that, upon
Performance of all the Particulars herein before directed to be done on every Part respectively, the original Will of the said late Countess of Rutland is to be
delivered up to the said Earl of Rutland, or his Assigns:
And lastly, that there may be no Failing in the Execution of this Judgement, it is further ORDERED, by the
Consent of all the said Parties, That in all Cases of
Difficulty or Obstruction, that may arise by Delay or
Omission of any Thing thereby required to be done on
either Part, Arthur Earl of Anglesey Lord Privy Seal
shall be, and is hereby, empowered to give the Rule
and Determination therein, so as this Judgement may
take full Effect.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 25um
diem instantis Maii, hora decima Aurora, Dominis sic
Hitherto examined by us,