House of Lords Journal Volume 13
2 April 1679

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 13: 2 April 1679', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 494-495. URL: http://british-history.ac.uk/report.aspx?compid=11662 Date accessed: 21 October 2014.


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DIE Mercurii, 2 die Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Rochester.
Epus. Ely.
Epus. Chichester.
Epus. Gloucester.
Epus. Bath & Wells.
Epus. Landaffe.
Epus. Worcester.
Epus. Exon.
Epus. St. David's.
Epus. Bristol.
Dux Cumberland.
Ds. Cancellarius.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
Marq. Worcester.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Dorset & Midd.
Comes Salisbury.
Comes Bridgewater.
Comes Leycester.
Comes North'ton.
Comes Denbigh.
Comes Clare.
Comes Westmerland.
Comes Manchester.
Comes Mulgrave.
Comes Peterborough.
Comes Winchilsea.
Comes Carnarvon.
Comes Thannet.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes St. Alban.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Shaftesbury.
Comes Guilford.
Vicecomes Hallyfax.
Vicecomes Newport.
Ds. Berkeley.
Ds. Morley.
Ds. Ferrers.
Ds. De Grey.
Ds. Fitzwalter.
Ds. Sandys.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. Chandos.
Ds. Norreys.
Ds. Brooke.
Ds. Grey de Wark.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Herbert de Cherb.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Wotton.
Ds. Cornwallis.
Ds. Delamer.
Ds. Townsend.
Ds. Fretchvile.
Ds. Arundell T.
Ds. Butler M. Park.

PRAYERS.

Turner versus Sir R. Henley.

This House being moved, "That Sir Robert Henly may answer to the Petition and Appeal of Gawen Turner and Mary his Wife, depending in this House against him, from a Decree made in the Court of Chancery on the 12th Day of June last, concerning an Annuity of a Hundred Pounds per Annum, charged by the Lord Zouch on a Moiety of the Manor of Grewell, and other Matters in the said Appeal suggested:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Robert Henly be, and is hereby, required to put in an Answer in Writing to the said Appeal, within One Week next after Notice given of this Order, by the Petitioners or their Agent for this Purpose.

E. Pembroke, Vile his Servant, Privilege not allowed.

Whereas, upon Complaint made to this House, "That Thomas Vile, Servant to the Earl of Pembrooke, was arrested in January last, by Wytham, One of the Serjeants of The Poultrey Compter, at the Suit of Daniell Templeman Wine-cooper, contrary to the Privilege of Parliament;" the said Daniell Templeman and Wytham were this Day heard, at the Bar, what they had to say for themselves for their Proceedings against the said Thomas Vile; as also the Witnesses, who apeared on the Behalf of the said Thomas Vile, were heard what they could say concerning him:

This House being therewith satisfied, that the said Thomas Vile is not sufficiently capacitated to have the Benefit of the Privilege by him claimed, as Servant to the Earl of Pembrooke; it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Daniell Templeman and Wytham be discharged from any further Attendance concerning this Matter.

E. Danby, Bill of Attainder.

Hodie 2a vice lecta est Billa, "An Act for the Attainder of Thomas Earl of Danby, of High Treason."

After a long Debate, whether this Bill shall be committed;

It is ORDERED, That the said Bill is committed to the Committee of the whole House; with this Direction,

"That the Attainder be left out of the Bill; and that the House be put into a Committee upon the said Bill To-morrow Morning."

E. Devon, excused.

This Day Justinian Morse and Marmaduke Crofts deposed, at the Bar, upon Oath, "That the Earl of Devon is so ill at present, that they believe he cannot give his Attendance upon this House at this Time, without Danger of his Life."

Hereupon the House accepted of this Excuse.

Bynns versu: Newton, in Error.

Whereas, by virtue of His Majesty's Writ of Error returnable into the House of Lords in Parliament assembled, a Record of the Court of King's Bench was brought into this Court, on the 13th Day of March last, with the Transcript thereof, wherein Judgement is entered for John Bynns against Thomas Newton; upon which Writ Errors being assigned, and Issue joined, this Day was given to hear the said Errors argued:

Upon hearing Counsel on both Parts to argue the said Errors, and due Consideration had thereof, it is 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 Bynns, recited in the Transcript of 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 Bynns may forthwith have Execution upon the said Judgement, in like Manner as if no such Writ of Error had been brought into this Court.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 3um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.