DIE Martis, 19 die Martii.
Domini tam Spirituales quam Temporales præsentes
||His Royal Highness the Duke of Yorke.||
| Arch. Eborac.
Bath & Wells.
Ds. Custos Privati Sigilli.
Comes Dorset &
Ds. Butler West.
The Committee for the Bill concerning Prisoners are to meet
Residence and Pluralities Bill.
vice lecta est Billa, "An Act for the better regulating
of the Residence of Ecclesiastical Persons, and Pluralities of
ORDERED, That the Consideration of this Bill is committed
to the Committee of the whole House; to be taken into Consideration on
Saturday Morning next.
Burying in Woollen Bill.
Hodie 1 vice lecta est
Billa, "An Act concerning burying in Woollen."
Message from H. C. with Bills; to return Samine's; and that they
agree to L. Cullen's and Brend's; and for a Conference on the Fishing
A Message was brought from the House of Commons, by Sir
John Trevor and others; which consisted of these
1. To return a Bill formerly sent down from their
Lordships, concerning John Samine, in which the Commons
have made some Amendments; to which their Lordships Concurrence is
2. To let their Lordships know, that they agree to the
Amendments in the Bill concerning the Lord Viscount Cullen.
3. They agree to the Amendments in the Bill concerning
4. A Bill to enable Trustees to sell Lands, for Payment of
the Debts of William Thorold, late of Hough, in the County of Lyncolne, Knight,
deceased; to which their Lordships Concurrence is desired.
5. "An Act for the better suppressing of Pedlers, Hawkers,
and Petty Chapmen;" to which their Lordships Concurrence is desired.
6. To desire a Conference concerning the Matter of the
The Answer returned was:
That this House agrees to a Conference; and appoints the
same to be presently, in the Painted Chamber.
The same Lords as managed the former Conference are
appointed to report this Conference.
The Commons being ready for the Conference, the House was
adjourned during Pleasure, and the Lords went to the Conference; which being
ended, the House was resumed.
Report of the Conference on the Fishing Bill.
The Lord Privy Seal reported the Effect of the Conference
with the House of Commons, which was concerning the Amendments made by them in
the Bill for Preservation of Fishing in several Rivers, concerning which
Amendments the Lords had a Conference with the House of Commons: "The Commons
conceive, that, according to the ancient Course and Method of Transaction
betwixt the Two Houses, when a Bill with Amendments is sent to either House
from the other, by Messengers of their own, the House that sends them gives no
Reason of their Amendments; but the House to whom it is sent, if any find Cause
to disagree, do use to give Reasons for their Dissent to every particular
Amendment; every One of which is supposed to carry with it the Weight of its
own Reason until it be objected against: That the House of Commons having
commanded them to acquaint your Lordships, That the Amendments which have been
made in this Bill, though very great, passed upon mature Deliberation; and that
they hope their Lordships, upon further Consideration of them, will find Cause
to concur with the Commons therein: But, if your Lordships shall not remain
satisfied, they desire they may understand from their Lordships, at a
Conference, the particular Reasons which have induced your Lordships to
disagree; and when the Commons have heard your Lordships Objections, they will
be ready either to concur with your Lordships, or to offer such further Reasons
as may give your Lordships Satisfaction."
Upon Consideration hereof, the House made this Order
Committee to consider of the Report.
"Upon Report made by the Lord Privy Seal of what passed at
a Conference this Day desired by and had with the House of Commons, concerning
Amendments by them made to a Bill sent down by the Lords, for Preservation of
the Fishing in several Rivers of this Kingdom: It is ORDERED, by the Lords
Spiritual and Temporal in Parliament assembled, That it be, and is hereby,
referred to the Committee for Privileges, &c. to
consider of this Business; and report their Opinion thereupon unto the
ORDERED, That the Petition and Appeal of John Foster and others be read To-morrow Morning.
Report concerning the E. of Pembroke's Trial.
The Lord Chancellor acquainted the House, "That His
Majesty having issued out a Commission of Oyer and Terminer, under the Great
Seal, to Commissioners before whom the Earl of Pembrooke
might be tried, his Lordship hath been indicted, and the said Indictment
committed to a Grand Jury, empannelled for that Purpose, who hath found the
said Earl of Pembrooke Guilty of Felony and Murder. The
Record and whole Proceedings thereupon is returned and brought into this House,
by Writ of Certiorari, that so his Lordship may receive
his Trial in full Parliament by all his Peers. To that End, His Majesty hath
appointed a Lord High Steward for this Time."
The House caused the Indictment and the Proceedings
thereupon to be read; and made these Orders following:
"Whereas, by virtue of His Majesty's Writ of
Certiorari, the Proceedings against Phillip Earl of Pembrooke and
Mountgomery, upon an Indictment for the Death of Nathaniell Cony, had before the Commissioners of Oyer and
Terminer at Hickes' Hall, in the County of Midd. upon which his Lordship is found Guilty of Felony and
Murder, are brought into this House, in order to the Trial of the said Earl by
all the Peers in full Parliament: It is thereupon ORDERED, That the Trial of
the said Earl of Pembrooke and Mountgomery shall be had
before the Peers in Parliament on Thursday the Fourth Day
of April next; and that, in order thereunto, it be, and
is hereby, referred to the Committee for Privileges, to consider of the several
Circumstances, Ceremonies, and Methods of Proceedings, and Summons of Witnesses
necessary to be thought on, in order to the said Trial; and make Report thereof
to the House."
E. of Pembroke committed o the Black Rod.
"Whereas, upon an Indictment brought against
Phillip Earl of Pembrooke and
Mountgomery, before the Commissioners of Oyer and Terminer, his Lordship
is, by the Grand Jury before them empannelled, found Guilty of Felony and
Murder; the which Proceedings being by His Majesty's Writ of Certiorari brought into this High Court in due Form: It
appearing that the said Earl of Pembrooke and Mountgomery
is notwithstanding at large, and not under any Restraint; it is thereupon
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Phillip Earl of Pembrooke and
Mountgomery shall be, and is hereby, committed to the Gentleman Usher of
the Black Rod attending this Court, by him to be kept in safe Custody till
further Order of this Court: And this shall be a sufficient Warrant on that
"To Sir Edward Carteret Knight,
Gentleman Usher of the Black Rod attending this Court, his Deputy and Deputies,
and every of them."
Shillingford, alias Izard, versus
Whereas this Day was appointed to hear Counsel, at the
Bar, on both Parts, to argue the Errors assigned on a Writ of Error brought
into this House on the Sixth Day of February last, on the
Behalf of John Shillingford, alias Izard Gentleman, Plaintiff, whereto John
Palmer is Defendant; the said Palmer appearing by
his Counsel, but the said John Shillingford not
appearing, nor any Counsel for him:
It is thereupon ORDERED and Adjudged, by the Lords
Spiritual and Temporal in Parliament assembled, That the Judgement of the Court
of King's Bench, given for the said John Palmer, recited
in the Transcript to the said Writ of Error annexed, be, and is hereby,
affirmed; and that the said Writ of Error, and Transcript annexed, be remitted
to the Court of King's Bench; to the End the said John
Palmer may have Execution of the said Judgement, as if no such Writ of
Error had been brought into this Court.
E. Powis, Privilege. Evans, his Servant, to be released.
Upon Information given to this House, "That John Evans, owned by the Earl of Powis, a
Peer of this Realm, to be his Servant and Receiver of his Rents, was, on or
about the Ninth Day of this Instant March, arrested, and
is detained Prisoner in the Gaol for the County of Montgomery, now sitting the Parliament, contrary to the
Privilege of Parliament, by the Means and Prosecution of Gerrard
Herbert, Mathew Morris, Thomas Hodson, Evan Thomas, Henry Kiffin, and
Herbert, Morris, & al. sent for, for arresting him.
It is thereupon ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That the said Gerard Herbert,
Mathew Morris, Thomas Hodson, Evan Thomas, Henry Kiffin, and
Thomas Griffithes, be, and are hereby, required to appear
at the Bar of this House, within Fourteen Days next after Notice given them
respectively, by the Service of this Order on them, to answer to the said
Breach of Privilege: And it is further ORDERED, That the said John Evans be forthwith discharged from the said Arrest, and
set at Liberty from his said Imprisonment, contrary to the Privilege aforesaid:
And this shall be a sufficient Warrant on that Behalf.
To the High Sheriff of the County of Montgomery for the Time being, and to the Gaoler of the Prison
for the said County, or any other Person under whose Custody the said
John Evans is now Prisoner, his and their Deputy and
Deputies, and every of them.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque in diem Mercurii, 20um diem
instantis Martii, hora decima Aurora, Dominis sic decernentibus.
Hitherto examined by us,