DIE Sabbati, 13 die Julii.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
His Royal Highness the Duke of York. | |
Arch. Eborac.
Epus. Durham.
Epus. Sarum.
Epus. Petriburgh.
Epus. Ely.
Epus. Chester.
Epus. Chichester. |
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Comes Oxon.
Comes Kent.
Comes Huntingdon.
Comes Bridgwater.
Comes North'ton.
Comes Devon.
Comes Clare.
Comes Manchester.
Comes Mulgrave.
Comes Peterborough.
Comes Carnarvon.
Comes Sunderland.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Shaftesbury.
Comes Powis.
Comes Feversham.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Newport. |
Ds. Delawar.
Ds. Berkeley.
Ds. Wharton.
Ds. Chandos.
Ds. Hunsdon.
Ds. Petre.
Ds. Arundell W.
Ds. Maynard.
Ds. Howard Esc.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Frescheville.
Butler West. |
PRAYERS.
The Earl of Essex reported an Order, drawn up by the
Committee for Privileges, for limiting a Time for bringing in Writs of Errors and Petitions; which Order, being
read, was agreed to by this House.
Order for limiting a Time for bringing in Appeals, &c.
ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That all Persons who shall have
any Writs of Error, or Petitions of Appeal from any
Court of Equity, to be exhibited to this House, do bring
in their said Writs of Error, and present their Petitions,
within Fourteen Days, to be accounted from and after
the First Day of every Session, or Meeting of Parliament after a Recess; after which Time, the Lords do
declare, they will, during every such Sitting, receive
no Writ of Error, or Petition of Appeal, unless upon
a Judgement given in any of His Majesty's Courts of
Judicature, or Decree had in any of the Courts of Equity, whilst the Parliament is actually sitting; in which
Cases, the Party who shall find himself aggrieved may
bring his Writ of Error, or Petition of Appeal, within
Fourteen Days after such Judgement or Decree is given;
and that this Order be added to the Standing Orders of
the House of Peers, and likewise published in Print, to
the End that all Persons concerned may take Notice
thereof, and observe it accordingly.
Methods of returning Bills passed either House.
The House being made acquainted of some irregular
Proceedings in returning of Bills from the House of
Commons, which have been passed both Houses; how
that a Message Yesterday was brought from the House
of Commons, signifying that the Commons had agreed
to Three Bills, but did not bring up the said Bills;
and this Morning a Bill concerning Mr. Plater, which
the Commons had agreed to, was delivered to One of
the Clerks of this House in a private Manner, contrary
to the ancient and regular Proceedings of Parliament:
Hereupon the House Resolved, To have a Conference
with the House of Commons; and to let them know,
how this House resents these undue Methods and Proceedings between the Two Houses, in returning to this
House Bills which have been agreed to by both Houses;
and to desire a better Method for the future.
Suits and Delays, and Intestates Estates Bill.
Next, the House took into Consideration the Amendments made by the House of Commons in the Bill for
reviving of a former Act, intituled, "An Act for avoiding unnecessary Suits and Delays; and for continuing
of One other Act, intituled, An Act for the better
settling of Intestates Estates."
Which, being read Twice, were Agreed to.
Message to
H. C. that the
Lords agree to
it; and for a
Conference on
the Method of
returning
Bills.
A Message was sent to the House of Commons, by
Sir Edward Lowe and Sir John Hoskins:
To desire a Conference, next after the Conference
appointed Yesterday, in the Painted Chamber, about
some Methods and Proceedings of Parliament, in relation to Bills.
Also to acquaint them, that this House agrees with
them in the Amendments for continuing the Act for
avoiding unnecessary Suits and Delays; and the Act for
the better settling of Intestates Estates: And also that
this House agrees to the Bill for burying in Woollen.
The Commons being come for the Conference; the
Lord Privy Seal, Earl of Bridgwater, Earl of Essex,
Earl of Shaftesbury, and the Bishop of Durham, were
appointed to report this 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 Bill concerning the
Measurement
of Keels and
Boats.
Then the Lord Privy Seal reported the Effect of this
Conference; which was managed by Sir George Downing;
who said, "That whereas the Lords sent down some
Amendments in the Bill for Admeasurement of Keels
and Boats carrying Coals, the Commons do not agree
to them; in which Amendments, Sunderland is made
a distinct Port, which never was so, but a Member of
Newcastle, and the Officers of Newcastle are Officers
of Sunderland: That, by the Act of Car. II. 14.
against Frands, the making of this Port is vested in
the King, and He to declare the Members of all Head
Ports.
"That a Commission under the Great Seal did after
appoint Sunderland to be a Member of Newcastle; so
now tis so by virtue of Act of Parliament, being by
the King's Patent grounded thereon. It is necessary
also for the Managery of the Trade, which is chiefly
Coals: Therefore the Commons pray their Lordships
Agreement therein.
"Concerning the Second Head of the Proviso, the
Commons say, That, by the Statute of 9 H. V. which
appoints Commissioners to be nominated by the King,
wherein there is no Proviso for Durham, yet the
Commissioners did issue Commissions under the Seal of
the Bishop of Durham; and so may still, without a
Proviso.
"The Commons do the rather not admit a Proviso,
because of the Generality of the Words upon old
Usage, which are antiquated; and they desire no Innovation, but desire their Lordships agree with them
in laying aside this Proviso."
This House agrees with the House of Commons, in
passing this Bill, without Amendments.
Protestant Strangers to exercise Trades, Bill.
Hodie 3a
vice lecta est Billa, "An Act for the empowering and licensing of Protestant Strangers and
Foreigners to exercise their Trades in the Places
mentioned in this Act."
A Proviso was offered, and read; but not Agreed to.
The Question being put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Answer from H. C.
The Messengers sent to the House of Commons return with this Answer:
That they will give a Conference, as is desired.
The Lord Chancellor, Lord Privy Seal, Earl of Bridgwater, Earl of Shaftesbury, and the Lord Bishop of Sarum, are appointed to manage this Conference.
Message to
them, that the
Lords agree to
the Keels and
BoatsBill, and
Protestant
Strangers
Bill.
A Message was sent to the House of Commons, by
Sir Edward Low and Sir John Hoskins:
To let them know, that the Lords agree to the Bill
for Admeasurement of Keels and Boats carrying Coals,
leaving out the Amendments.
2. To deliver to them the Bill for the empowering
and licensing of Protestant Strangers and Foreigners to
exercise their Trades, and to desire their Concurrence
thereunto.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Report of the Conference about the Method of returning Bills.
The Lord Privy Seal reported, "That the Managers
have delivered to the House of Commons what they
had in Command to acquaint them, concerning the
undue Method in returning of Bills Yesterday and
this Day, which Course seemed strange to some of
the Commons, that managed the Conference; but
they said, they will report to the House of Commons
what was delivered at the Conference."
Marriott versus Regem, in Error.
Whereas, by virtue of His Majesty's Writ of Error
returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was
brought into this Court on the 26th Day of June last
(with the Transcript thereof), wherein Judgement is
entered for the King's Majesty, against Symon Marriot,
upon an Indictment for Forgery; upon which Writ,
Errors being assigned by the said Symon Marriott, and
Issue joined by John Smith who prosecutes on His Majesty's Behalf, and this Day appointed to hear the said
Errors argued at the Bar:
After due Consideration had of what was offered by
Counsel on either Part thereupon, it is ORDERED and
Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given on His
Majesty's Behalf against the said Symon Marriott be,
and is hereby, affirmed; and that the Transcript of the
said Record of the Court of King's Bench, wherein
Judgement is entered as aforesaid, be remitted, to the
End that Execution may be had thereupon as if no such
Writ of Error had been brought into this Court.
Darrell versus Whitchcot.
This House taking into Consideration this Day what
Relief to give to Marmaduke Darrell Esquire, upon the
whole Matter, in the Cause depending between the said
Marmaduke Darrell and Sir Paul Whichcot, Son and Executor of the last Will of Sir Jeremy Whichcot Baronet
deceased:
After serious Consideration had thereof, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Paul
Whichcot shall pay, or cause to be paid, unto the said
Marmaduke Darrell (or to such other Person as the said
Marmaduke Darrell shall appoint to receive the same)
the Sum of Two Thousand Pounds Sterling, on or before Saturday the Twentieth Day of this Instant July; and
that the said Sir Paul Whichcot so paying the said Two
Thousand Pounds as before is directed, and having an
Acquittance for the same under the Hand and Seal of
the Person to whom he shall so pay the same, he the
said Sir Paul Whichcot shall be, and is hereby, discharged
from any further Accompt concerning the Matters for
which the Petitions of the said Marmaduke Darrell
against the said Sir Jeremy Whichcott and Sir Paul Whichcot was brought into this House.
Cole's Pet concerning a nuncupative Will:
Upon reading the Petition of Sarah Cole, Widow and
Relict of Basset Cole Esquire, deceased, concerning a nuncupative Will of her Husband, whereby she claims the
Personal Estate of her said Husband, in Contradiction of
a written Will by him made, and other Matters in the
said Petition set forth:
Rejected.
After Consideration had of the Nature of the said
Petition, it is ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That the said Petition
of Sarah Cole be, and is hereby, dismissed this House.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus
instantis diei, hora quarta, Dominis sic decernentibus.
Post meridiem.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
His Royal Highness the Duke of Yorke. | |
Epus. Sarum.
Epus. Chichester. |
Ds. Cancellarius.
L. Chamberlain.
Comes Huntingdon.
Comes Bridgwater.
Comes Devon.
Comes Carnarvon.
Comes Craven.
Comes Shaftesbury.
Vicecomes Stafford. |
Ds. Berkeley.
Ds. Wharton.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Frescheville. |
PRAYERS.
Reading versus Sir G. Cooke & al. Commissioners of Sewers for HatfieldLevel.
Upon hearing Counsel this Day, at the Bar, on the
Behalf of Nathaniell Reading Esquire, touching the several Matters in his Petition complained of, and of the
Orders which have been made at Private Courts of
Sewers for the Level of Hatfeild Chace, by Sir George
Cooke, John Boynton, George Westby, and others, in the
Time of Adjournment, in Contradiction to what had
been publicly settled at General Courts of the said
Commissioners, and of other oppressive and illegal Proceedings had against him, by Mr. John Bradborne's opposing with Force the Execution of a Decree of Sewers
made in Pursuance of an Agreement between the Petitioner and the Commissioners of Sewers for the said
Level, for Satisfaction of Monies long since expended
by him, and due to him for his Service as their Officer, and also of several Suits brought against him and
his Servants in His Majesty's Courts at Westm. and
elsewhere, by the said John Bradborne and others; as
also upon the several Answers of Sir George Cooke
Knight, John Millington, Toby Humfrey, and George
Westby, Esquires:
After due Consideration had of what was offered at
the Bar, it is ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That the said Commissioners of Sewers, as also the said John Bradborne
and the other Participants of and in the said Level of
Hatfeild Chace, shall have Notice given them of the Petition and Complaints of the said Nathaniell Reading
made against them; who are hereby required to appear,
and put in their Answer, or respective Answers, in
Writing, to the said Complaints, within Ten Days next
after the Meeting of the Lords in Parliament, after the
Recess now at Hand, unless that in the mean Time they
give Satisfaction to the Petitioner, according to their
usual Orders and Agreement: And it is further ORDERED, That in the mean Time all Actions and Suits,
which have been brought by any Person whatsoever
against the said Nathaniell Reading or his Servants, for
any Matter or Thing done in Pursuance of the said Decree of Sewers (notwithstanding that the said Decree
be since reversed), shall be by Authority of this Order
stayed, until this House be further moved concerning
the same.
L. Culpeper, Privilege:
Upon Complaint made to this House of a Breach of
Privilege, committed against the Lord Colepeper, a Peer
of this Realm, by the Mayor of Winchilsea, John Arnold, Francis Sampson, John Swift, Benjamin Jackson,
and William Smith, in distraining on his Lands, and disturbing his Tenants, in Broomehill, in Kent and Sussex,
within the Time of Privilege of Parliament:
Mayor of Winchilsea, Arnold & al. sent for, for disturbing his Possession of Broomehill.
It is thereupon ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That the Mayor of
Winchilsea for the Time being, John Arnold, Francis
Sampson, John Swift, Benjamine Jackson, and William
Smith, be, and are hereby, required to appear at the
Bar of this House, to answer to the said Complaint, on
the Third Day of the Sitting of the Parliament next after the Recess now at Hand.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 15um
diem instantis Julii, hora decima Aurora, Dominis sic
decernentibus.