DIE Lunæ, 18 die Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Cant.
Arch. Yorke.
Epus. London.
Epus.
Durham.
Epus. Winton.
Epus.
St. David's.
Epus. Sarum.
Epus. Chester.
Epus.
Worcester.
Epus. Ely.
Epus.
Norwich.
Epus. Peterborough. |
Dux Cumberland.
Ds. Præses.
Dux
Norfolke.
Dux South'ton.
Dux St. Albans.
Dux
Bolton.
March. Hallifax.
Ds. Senescallus.
Comes Shrewsbury.
Comes Derby.
Comes
Bedford.
Comes Pembroke.
Comes Bridgewater.
Comes North'ton.
Comes Denbigh.
Comes
Bollingbrooke.
Comes Westmerland.
Comes Manchester.
Comes Mulgrave.
Comes
Rivers.
Comes Stamford.
Comes Carnarvan.
Comes
Chesterfeild.
Comes Thannet.
Comes Strafford.
Comes
Sunderland.
Comes Scarsdale.
Comes Sandwich.
Comes
Essex.
Comes Bath.
Comes
Craven.
Comes Ailesbury.
Comes Sussex.
Comes
Feversham.
Comes Maclesfeild.
Comes Radnor.
Comes
Nottingham.
Comes Rochester.
Comes Abingdon.
Comes
Portland.
Comes Fauconberge.
Comes Monmouth.
Comes Montagu.
Comes
Marleborough.
Comes Scarborough.
Viscount Newport.
Viscount Weymouth.
Viscount Sidney.
Viscount Villiers. |
Ds. Willoughby Er.
Ds. Dela Ware.
Ds. Fitz Walter.
Ds.
Berkeley.
Ds. Eure.
Ds.
Sidney.
Ds. Lovelace.
Ds.
Maynard.
Ds. Byron.
Ds.
Vaughan.
Ds. Colepeper.
Ds.
Clifford.
Ds. Lucas.
Ds.
Lexington.
Ds. Granville.
Ds. Cornwallis.
Ds.
Crew.
Ds. Carteret.
Ds.
Ossulston.
Ds. Godolphin.
Ds. Cholmondley.
Ds.
Ashburnham. |
PRAYERS.
D. of Grafton's Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act for vesting
several Pieces or Parcels of Ground, in the Parishes of St.
James and St. Martin's in the Feilds, late the
Estate of Henry Duke of Grafton,
deceased, in Trustees, to be sold."
ORDERED, That the Consideration of this Bill is committed
to the Lords following:
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D. Bolton.
March. Hallifax.
Comes Bedford.
Comes
Bridgwater.
Comes Manchester.
Comes Mulgrave.
Comes
Stamford.
Comes Thannet.
Comes Craven.
Comes
Maclesfeild.
Comes Rochester.
Comes Mountagu.
Viscount Newport.
Viscount Weymouth.
Viscount Villiers. |
Arch. Yorke.
Epus. London.
Epus. Winton.
Epus.
St. David's.
Epus. Sarum.
Epus. Worcester.
Epus.
Ely.
Epus. Norwich. |
Ds. Delaware.
Ds. Fitz
Walter.
Ds. Eure.
Ds. Sidney.
Ds. Lovelace.
Ds.
Maynard.
Ds. Byron.
Ds.
Vaughan.
Ds. Colepeper.
Ds.
Lucas.
Ds. Cornwallis.
Ds.
Crew.
Ds. Ossulston.
Ds.
Godolphin.
Ds. Cholmondley.
Ds. Ashburnham. |
Their Lordships, or any Five of them; to meet To-morrow, at
Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
Leave given to the Lord Bishop of Chester, to be absent for Three Weeks.
Tooke versus L. C. Baron Atkins.
The House being this Day moved, on the Behalf of the Lord
Chief Baron of Their Majesties Court of Exchequer, Respondent to the Appeal of
Thomas Tooke Esquire; "That a short Day may be appointed
for "hearing of the said Cause:"
It is ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That this House will hear the said Cause, by Counsel on
both Sides, at the Bar, on Monday the Five and Twentieth
Day of this Instant January, at Ten of the Clock in the
Forenoon; and that the Service of this Order upon Mr. Tooke's Clerk in the Exchequer shall be good Service, in order
thereunto.
ORDERED, That the Earl of Westmerland, the Lord Fitzwalter, and the
Lord Jermyn, be added to Keeble's
Committee.
Ashton versus Ashton.
Upon hearing Counsel this Day, at the Bar, upon the
Petition and Appeal of Sir Edmund Ashton Baronet,
complaining against Richard Ashton Esquire Defendant, in
the Court of Chancery, complaining of several Orders, Injunctions, and
Proceedings, of the Court of Chancery, the Thirtieth of October, One Thousand Six Hundred Eighty-nine, and the reviving
and discharging of the said Proceedings; as also upon hearing Counsel upon the
Answer of Richard Ashton Esquire put in to the said
Petition:
After due Consideration had of what was offered by Counsel
upon the said Petition and Answer, it is ORDERED and Adjudged, by the Lords
Spiritual and Temporal in Parliament assembled, That the said Petition and
Appeal of Sir Edmund Ashton Baronet shall be, and is
hereby, dismissed this House; and that the several Orders, Injunctions, and
Proceedings, of the Court of Chancery, from which he appealed, made on the
Behalf of Richard Ashton Esquire, shall be, and are
hereby, affirmed.
Message from H. C. with a Bill.
A Message was brought from the House of Commons, by Mr.
Attorney General and others:
Who brought up a Bill, intituled, "An Act for punishing of
Mutineers and Deserters, and preventing false Musters, and paying the Army
according to the Musters of Effective Men, and for the better paying of
Quarters;" to which they desire their Lordships Concurrence.
Trials for Treason Bill.
The Earl of Mulgrave reported from
the Lords Committees appointed to inspect Commissions for Lords High Stewards
upon Trials of Peers out of Parliament, "That the Committee hath examined all
the Precedents since Hen. VIIIth Time, and One in His
Time; One of which Precedents they have ordered to be brought into the House;
and they find, that every High Steward for such Trials is directed, by
Commission under the Great Seal of England, to summon
every Person who is a Peer to the said Person tried; and that every Precept
issued from him is according to the same Tenor; (videlicet,) "That every Peer should be summoned:" But they have
also found, that in every Return of such Precept made by the Serjeant at Arms,
there is Mention made of a Schedule or List of some particular Peers which he
had then summoned, contrary to those general Words both in the Commissions and
Precepts; which Schedule or List yet does not appear on any Record, or in any
Office; nor will any Person own the Delivery of any such List, in order to
those Trials which have been of late Years."
Then Part of the Proceedings upon the Trial of the Duke of
Norfolke were read, out of the Record.
And, after Debate thereupon, and Commissions for Lords
High Stewards;
The Question was proposed,
Declaration concerning summoning Peers to Trials.
"That it is the Opinion of this House, upon Search into
the Precedents of all the Commissions of High Stewards since the Reign of King
Henry the Eighth, that, both by the King's Commissions to
the several Lords High Stewards, and by the Precepts from the Lords High
Stewards pursuant to those Commissions, all the Peers of England were directed under the Great Seal to be summoned to
the Trial of every Peer that was to be tried?"
The previous Question was put,
"Whether this Question shall be put?"
It was Resolved in the Affirmative.
Then the main Question was put,
"That it is the Opinion of this House, upon Search into
the Precedents of all the Commissions of High Stewards since the Reign of
Henry the Eighth, that, both by the King's Commissions to
the several Lords High Stewards, and by the Precepts from the Lords High
Stewards pursuant to those Commissions, all the Peers of England were directed, under the Great Seal, to be summoned to
the Trial of every Peer that was to be tried?"
It was Resolved in the Affirmative.
It is ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That the Debate upon the Commons Amendments delivered at
the last Free Conference to the Proviso (A) added by the Lords to the Bill,
intituled, "An Act for regulating Trials in Cases of Treason," shall be
adjourned unto To-morrow, at Twelve of the Clock, after the Duke of
Norfolke's Business.
Duke and Dutchess of Norfolk.
Then the Order was read, for the Dutchess of
Norfolke's appearing to answer the Duke's Charge against
her.
Then Sir Thomas Pinfold, who
appeared for the Dutchess, was called in; and the Charge against her was read,
and a Copy of it delivered him.
And he said, "He would communicate it to the Dutchess;"
and withdrew.
Dutch. of Norf. to answer.
Then, Sir Thomas Pinfold being
called in again, he was told by the Speaker, "That the Lords do appoint
To-morrow, at Twelve of the Clock, for the Dutchess of Norfolke to answer to the Charge against her, delivered to
him."
It is ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That Sir Richard Raynes and Sir
Charles Hedges do attend this House To-morrow, at Eleven
of the Clock in the Forenoon.
Briggs versus Clarke, in Error.
Whereas, by virtue of Their Majesties Writ of Error
returnable in the House of Peers in Parliament assembled, a Record of the Court
of King's Bench was brought into this House, the Twelfth Day of December, One Thousand Six Hundred and Ninety-one, wherein
Judgement is entered for Mary Clarke against
William Briggs; Counsel appearing this Day for the
Defendant in the Writ of Error Mary Clarke; but no
Counsel appearing for the Plaintiff William Briggs, which
appears it was brought only for Delay:
It is this Day ORDERED and Adjudged, by the Lords
Spiritual and Temporal in Parliament assembled, That the Judgement given in the
Transcript of the Record brought into this House in the Court of King's Bench
and Exchequer Chamber given for the said Mary Clerke
against the said William Briggs shall be, and are hereby,
affirmed: And it is further ORDERED, That the said William
Briggs shall pay, or cause to be paid, unto the said Mary
Clerke, the Sum of Twenty Pounds, for her Costs sustained in defending
the said Writ of Error in this House.
The Tenor of which Judgement, to be affixed to the
Transcript of the said Record, as followeth:
"Postea, scilicet, Duodecimo Die Decembris, Anno Regni
Regis et Reginæ Gul. et Mariæ nunc Angl. &c. Tertio,
Transcript. Record. et Process. præd. cum omnibus ea tangen. Prætextu
cujusdam Brevis (fn. *) Domini Regis et Dominæ Reginæ
de Errore corrigend. per præfat. Will'um Briggs, in
Præmiss. prosecut. dictis Domino Regi et Reginæ in præsenti
Parliamento apud Westm. a prædict. Cur. dictor.
Domini Regis et Dominæ Reginæ hic transmissum suit; prædictusque
Will'us Briggs, in eadem Cur. Parliamenti comparens,
divers. Mater. pro Errore in Record. et Process. præd. pro Revocatione et
Adnullatione Judic. præd. habend. assign.; ad quod præd.
Maria Clerke, in eadem Cur. Parliament. præd.
comparens, placitarit, quod nec in Record. et Process. præd. nec in
Redditione Judic. præd. nec in præd. Affirmatione Judic. præd.
in ullo est Errat.: Et postea, scilicet, Decimo-octavo Die Januarii, Anno
Tertio supradict. visis et per Cur. Parliament. præd. diligent. examinat.
et plenius intellect. tam Record. et Process. præd. quam Judic. superinde
reddit. ac præd. Caus. et Mater. per prædict. Will'um
Briggs superius pro Errore assign. cons. est per Cur. Parliament.
præd. quod Judic. præd. in omnibus affirmetur, et in omni suo Robore
stet et Effect.; dictis Causis et Mater. superius pro Errore assign. in aliquo
non obstant. Et ulterius per eandem Cur. Parliament. præd. considerat.
est, quod præd. Maria Clerke recuperet versus
præsat. Will'um Briggs Vigint. Libr. eidem
Mariæ Clarke ad Requisitionem suam, pro Misis et
Custag. suis quæ sustinuit Occasione Dilationis Executionis Judicii
præd. Prætextu Prosecution. præd. Brevis de Errore secundum
Formam Statut. adjudicat.; ac superinde Record. et Process. præd. Cur.
dictor. Domini Regis et Dominæ Reginæ per Cur. Parliament. præd.
coram ipsis Rege et Regina, ubicunque, &c. remitt. et
in eadem Cur. dictor. Domini Regis et Dominæ Reginæ coram ipsis Rege
et Regina jam resident. &c."
Adjourn.
Rob'tus Atkyns, Miles de Balneo,
Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens
Parliamentum continuandum esse usque in diem Martis, (videlicet,) 19um diem instantis Januarii,
hora decima Aurora, Dominis sic decernentibus.