DIE Mercurii, 17 Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Rochester.
Epus. St. David's.
Epus. Oxford.
Epus. Ely.
Epus. Norwich.
Epus. Peterborough.
Epus. Bath & Wells. |
Dux Cumberland.
Ds. Præses.
Dux Norfolke.
Dux Somersett.
Dux South'ton.
Dux Ormond.
Dux Northumberland.
Dux St. Albans.
Dux Bolton.
March. Halifax.
Ds. Senescallus.
Comes Oxford.
Comes Shrewsbury.
Comes Derby.
Comes Pembroke.
Comes Lincolne.
Comes Suffolke.
Comes Bridgewater.
Comes Northampton.
Comes Denbigh.
Comes Clare.
Comes Westmerland.
Comes Manchester.
Comes Mulgrave.
Comes Rivers.
Comes Stamford.
Comes Kingston.
Comes Carnarvan.
Comes Chesterfeild.
Comes Thannet.
Comes Sunderland.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Craven.
Comes Ailesbury.
Comes Sussex.
Comes Feversham.
Comes Maclesfeild.
Comes Radnor.
Comes Nottingham.
Comes Rochester.
Comes Portland.
Comes Fauconberge.
Comes Monmouth.
Comes Montagu.
Comes Marleborough.
Comes Torrington.
Comes Scarborough.
Viscount Weymouth.
Viscount Sidney.
Viscount Villiers. |
Ds. Willoughby Er.
Ds. Dela Ware.
Ds. Berkeley Ber.
Ds. Eure.
Ds. Howard Eff.
Ds. Chandos.
Ds. Sidney.
Ds. Brooke.
Ds. Grey W.
Ds. Lovelace.
Ds. Maynard.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Lucas.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Granville.
Ds. Cornwallis.
Ds. Carteret.
Ds. Godolphin.
Ds. Cholmondley.
Ds. Ashburnham. |
PRAYERS.
West India Ships Leave to take Foreign Seamen, Bill.
Hodie 1a
vice lecta est Billa, intituled, "An Act for
permitting English Ships to be navigated with Foreign Seamen to and from The West Indies, during the
War."
Curtis's Bill.
The Amendments made by the Commons to the Bill,
intituled, "An Act for the more speedy Payment of
the Debts of Elizabeth Curtis Widow, late deceased,
and Performance of an Agreement touching the same,
made between Charles Curtis in his Life-time, and
Edward Earle, according to a Decree in the High
Court of Chancery," were read Twice, and agreed
to; and ORDERED, That the Commons have Notice
thereof.
Lady Gerard versus Lord Gerard.
Upon reading the Petition of Elizabeth Gerard Baroness Dowager of Gerards Bromley; shewing, "That
Charles now Lord Gerard, being seised of the Estate
of Digby Lord Gerard the Petitioner's Husband; and
that the Petitioner hath brought her Action for Recovery of Part of her Dower; and that the Lord
Gerard, not having taken the Oaths, insists upon Privilege; and praying the Directions of this House
therein:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Gerard shall
have a Copy of his Petition; and do put in his Answer
thereunto To-morrow, at Ten of the Clock in the Forenoon.
Thornhill versus Parker.
Upon reading the Petition of Jeremiah Thornhill,
John Hill, and above Sixty more, the Creditors of George
Chute Esquire, against Philadelphia, George, Robert, Thomas, and William Parker, Infants, by Dame Sarah Parker their Mother and Guardian, Appellants formerly
in this House; praying, "that (the Matter not being
"triable by Ejectment) an Issue be directed for the
Trial, pursuant to the Order of this House:"
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That it shall be, and is hereby, referred to Mr. Justice Powell and Mr. Baron
Powell, to draw an Issue, upon which this Cause may
be tried; and present the same to this House with all
convenient Speed.
Precedents concerning Decrees upon Appeals.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Clerks give the
House an Account of what Precedents they find, on
Friday next, at Ten of the Clock in the Forenoon, upon
the Case debated in this House on Monday last, upon
the Appeal of Thomas Took; and the Answer of the Lord
Chief Baron Atkins put in thereunto:
Hetley versus Hervey.
Upon hearing Counsel this Day, at the Bar, upon
the Petition and Appeal of Carina Hetley, Elizabeth
English, and others, Executors and Administrators of
Henry Cromwell, alias Williams, deceased, and Richard
Draper, deceased, being an Appeal from a Decree
made in the Court of Chancery, the Ninth Day of
March, One Thousand Six Hundred Seventy-six, by the
Lord Chancellor Finch, for the Reversal of a Decree
made the Two and Twentieth Day of November, One
Thousand Six Hundred Fifty-six, before Fynes and
Lysle, the then Commissioners of the Great Seal; as also
upon the Answer of John Hervey Esquire and Isabella
his Wife, the Daughter and Heir of Sir Robert Carr,
deceased, 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 Carina Hetley, Elizabeth English, and
others abovesaid, shall be, and is hereby, dismissed this
House; and that the Decree from which they appealed
shall be, and is hereby, affirmed; and that the Statute
of £.4000, acknowledged by Sir Rob't Carr, Grandfather of the Respondent Izabella, to Sir James Cambell
Knight, shall be set aside, in such Manner that it shall
be no Bar to, or be made Use of against, the Appellants; but that they may, notwithstanding the said
Statute, be at full Liberty to proceed at Law, by Distress or otherwise.
Stickland versus Cokes.
Penry versus Keymer.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will
hear the Cause, wherein John Stickland is Plaintiff, and
Robert Coker and others Defendants, and the Cause wherein Edward Penry is Plaintiff, and Mary Keymer Defendant, on Saturday next, at Ten of the Clock in the
Forenoon.
Peacock versus Spooner.
After hearing Counsel, at the Bar, the Fifteenth Instant, upon the Petition and Appeal of Thomas Peacock;
from a Decree made by the Lords Commissioners of the
Great Seal, upon Re-hearing of a Cause wherein Henry
Spooner and Mary his Wife, Samuell Smith and Elizabeth
his Wife, and Thomas Freeman and Frances his Wife, and
Mary Smith, and Thomas Wheeler, and their Consederates, were Plaintiffs, and the Petitioner Defendant;
as also upon the Answer of Henry Spooner and Mary his
Wife, Samuell Smith and Elizabeth his Wife, Thomas
Freeman and Frances his Wife, and Mary Smith Widow,
and Thomas Wheeler, put in to the said Petition:
After due Consideration had of what was offered by
Counsel upon the said Petition and Answer, it is this Day
ORDERED and Adjudged, by the Lords Spiritual and
Temporal in Parliament assembled, That the said Petition
and Appeal of the said Thomas Peacock shall be, and is
hereby, dismissed this House; and that the Decree complained of in the said Petition shall be, and is hereby,
affirmed.
Hungerford versus Pollard.
Upon reading the Petition of Jane Hungerford; praying, "That she may be at Liberty to try her Title at
the next Assizes, to be held for the County of Devon;
which, by Order of this House, is to be tried in a
seigned Issue in the Court of King's Bench:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner Jane
Hungerford shall be at Liberty to try her Title to the
Estate in Question between her and Thomas Pollard, per
Guardian, Respondent in this House, at the next Assizes
to be held for the County of Devon.
Hale versus Dashwood.
Burrows versus Dodd et al.
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That this House will hear the
Causes wherein Thomas Hale is Plaintiff, and Samuel
Dashwood and others Defendants, and the Cause wherein
Thomas Burrows is Plaintiff, and Anne Dodd and others
Defendants, and wherein Anne Dod and others are
Plaintiffs, and Thomas Burrows Defendant, on Monday
the Two and Twentieth Day of this Instant February, at
Ten of the Clock in the Forenoon.
Dutchess of Richmond against the Alnage Bill.
Upon hearing Counsel this Day, at the Bar, for the
Clothiers, and His Majesty, and her Grace the Dutchess
of Richmond, who had not agreed, nor would agree,
upon Proposals for the Dutchess, or His Majesty; the
Dutchess's Counsel offered a Paper, and the Counsel
for the Clothiers also offered a Proviso, to be added to
the Bill, intituled, "An Act for transferring the Duty
of Alnage to the Custom-house, and for giving a Recompense to the Crown for the same:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Counsel for
the Dutchess of Richmond shall have a Copy of the
Clothiers Proviso offered this Day; and that the Counsel for the King, the Dutchess of Richmond, and the
Clothiers, shall attend this House To-morrow, at Twelve
of the Clock.
Whether Proxies shall be used in this Bill.
It was moved, "That Proxies should not be used in
the Proceedings on the Alnage Bill."
This Question was proposed, "Whether Proxies
shall be used on the Bill of Alnage, in which
the Right of the Dutchess of Richmond is
concerned?"
The previous Question was put,
Whether this Question shall be now put?
It was Resolved in the Negative.
Message from H. C. to return the E. of Suffolk's Bill.
A Message was brought from the House of Commons,
by Mr. Bidolph and others:
To return the Bill, intituled, "An Act to enable
the Trustees of James late Earl of Suffolke to sell
the Manor of Hadstock, in Essex, for discharging
several other Manors and Lands of the said late Earl,
from Five Thousand Pounds, Remainder of Ten Thousand Pounds by him formerly charged thereon;" to
which they have agreed, without any Amendments.
And also to put their Lordships in Mind of the Bill,
intituled, "An Act for the lessening the Interest of
Money."
Message to them, to remind them of the Bill against adhering to Their Majesties Enemies, and the clandestine Marriages Bill.
A Message was sent to the House of Commons, by
Sir Miles Cooke and Sir Lacon William Child:
To put them in Mind of the Bills following; videlicet,
"An Act against corresponding with their Majesties
Enemies."
Also,
"An Act disabling Minors to marry without the
Consent of their Fathers or Guardians, and against
their untimely marrying after the Decease of their
Fathers, and for preventing all clandestine Marriages
for the future."
Duke and Dutch. of Norfolk.
The Depositions taken at several Times on the Behalf
of his Grace the Duke of Norfolke, as also those taken
on the Behalf of her Grace the Dutchess of Norfolke,
were read, at the Table, by the Clerk.
And, in Debate thereupon,
Exceptions taken by E. Rochester, to Words spoke by E. Lincoln.
Exceptions being taken at some Words the Earl of
Lincolne said, in Answer to the Earl of Rochester; the
Words were set down, as followeth; (videlicet,)
"The Earl of Rochester, in Debate, said,
"That Noble Lord takes great Liberty with the
House."
"The Earl of Lincolne replied,
"I do not take so much Liberty with the House,
as you do with the Nation."
"These Words were agreed to be as spoken."
The Earl of Lincolne was heard, to explain himself.
The Earl of Lincolne was ordered to withdraw.
Which done; it was ORDERED, That he should come
to the Bar; and then the House agreed of what the
Speaker should say to him when there.
Then, he being come to the Bar, the Speaker said to
him as followeth:
E. of Lincoln reprimanded.
"My Lord,
"Your Lordship ought to kneel; but, in Respect to
your Lordship's Unweildiness, their Lordships are
pleased to dispense with that Part of your Submission.
"I am commanded to tell your Lordship, that, for
your Contempt to this House, you are to ask the
Pardon of this House, and of the Lord of whom you
spake these Words. And I am further commanded
to let you know, that the Lords have observed, that
you are apt to take too great a Liberty in your Discourses in this House, contrary to the Order thereof;
which the Lords expect that for the future you should
take Care to avoid."
Which done; his Lordship asked the Pardon of the
House, and of the Earl of Rochester in particular.
Then the House went on with the Debate, "Whether
the Duke of Norfolke's Bill shall be read the Second
Time?"
After Debate,
The Question was put,
D. of Norfolk's Divorce Bill rejected.
"Whether the Bill, intituled, An Act to dissolve
the Marriage of Henry Duke of Norfolke
Earl Marshal of England, with the Lady
Mary Mordaunt, and to enable the said Duke
to marry again, shall be read a Second Time?"
It was Resolved in the Negative.
Adjourn.
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de
Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, (videlicet,) 18um diem instantis Februarii, hora decima Aurora,
Dominis sic decernentibus.