DIE Lunæ, 14 die Novembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. St. David's.
Epus. Sarum.
Epus. Bangor.
Epus. Oxon.
Epus. Ely.
Epus. Norwich.
Epus. Peterborow.
Epus. Bristoll.
Epus. Lincolne. |
Dux Cumberland.
Ds. Præses.
Ds. Custos Privati Sigilli.
Dux Somersett.
Dux South'ton.
Dux Ormond.
Dux St. Albans.
Dux Bolton.
March. Halifax.
Ds. Mag. Camerarius.
Ds. Camerarius.
Comes Oxon.
Comes Shrewsbury.
Comes Kent.
Comes Huntingdon.
Comes Bridgewater.
Comes North'ton.
Comes Clare.
Comes Westmorland.
Comes Manchester.
Comes Mulgrave.
Comes Rivers.
Comes Stamford.
Comes Carnarvan.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Essex.
Comes Bathe.
Comes Craven.
Comes Ailesbury.
Comes Feversham.
Comes Maclesfeild.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Portland.
Comes Fauconberge.
Comes Monmouth.
Comes Montague.
Comes Marleborough.
Comes Torrington.
Comes Scarborough.
Comes Warrington.
Viscount Newport.
Viscount Villiers. |
Ds. Willoughby Er.
Ds. Dela Ware.
Ds. Berkeley Ber.
Ds. Eure.
Ds. Willoughby Par.
Ds. Chandos.
Ds. Eure.
Ds. Lovelace.
Ds. Maynard.
Ds. Jermyn.
Ds. Vaughan.
Ds. Culpeper.
Ds. Clifford Lan.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Granville.
Ds. Crew.
Ds. Keveton.
Ds. Godolphin.
Ds. Ashburnham.
Ds. Capell. |
PRAYERS.
House to be called.
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That this House shall be called
on Monday the One and Twentieth Day of November
Instant, at Ten of the Clock in the Forenoon.
Meyrick versus Hughs.
Upon reading the Petition and Appeal of Edmund
Meyrick Esquire and Elizabeth his Wife, Richard Kysfin Esquire and Jane his Wife, from an Order of Dismission made in Chancery, by Sir John Trevor then
Master of The Rolls, the Seventh Day of May, in the
Fourth Year of the Reign of the late King James the
Second, in a Cause there depending, between the Appellants Complainants, and Charles Hughs and Anne
Harding Defendants; and praying the Reversal of the
said Order:
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the said Charles Hughs
and Anne Harding may have a Copy of the said Petition; and be, and they are hereby, required to put in
their Answer or respective Answers thereunto, in Writing, on Monday the Fifth Day of December next, at Ten
of the Clock in the Forenoon.
Hale versus Dashwood.
Whereas To-morrow was appointed for hearing the
Cause wherein Thomas Hale is Plaintiff, and Sir Samuel
Dashwood and others Respondents:
The House being this Day moved, by the Consent of
all Parties, "That a further Day may be appointed for
hearing thereof;" 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 Eight and Twentieth
Day of this Instant November, at Ten of the Clock in the
Forenoon.
Killegrew, King's Servant, versus Joyner, for arresting him."
Upon reading the Petition of William Killegrew;
shewing, "That he, being a Gentleman of the Privy
Chamber to His Majesty, and in actual Waiting, was,
on or about the Ninth Day of August last (without
Leave from the Lord Chamberlain), arrested, by one
Sparks a Serjeant of The Poultry Compter, in an Action
of One Hundred Pounds, at the Suit of Abraham
Beake, whose Name was used for Thomas Joyner a
pretended Creditor; and praying Relief herein:"
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the Consideration of the
said Petition, shall be, and is hereby, referred to the
Lords Committees for Privileges.
Muschamp versus Burton.
Upon reading the Petition and Appeal of Henry
Muschamp, for setting aside the Enrolment of a Decree
supposed to be pronounced by the Lord Chancellor
Nottingham, the Eleventh Day of November One Thousand Six Hundred Seventy-eight, wherein the now Respondent Phillip Burton and others were Plaintiffs; and
praying, that all the Proceedings founded upon the said
Enrolment and supposititious Decree may be set aside:
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the said Phillip Burton
may have a Copy of the said Petition and Appeal; and
shall be, and is hereby, required to put in his Answer
thereunto, in Writing, on Monday the One and Twentieth Day of this Instant November, at Ten of the Clock in
the Forenoon.
Commitment of the E. of Huntingdon and Marlborough, upon Warrants for Treason and Complaint of the E. of Scarsdale.
The Order was read, for putting the House into a
Committee, upon the Grounds of the Commitment,
and continuing under Bail of the Earl of Huntingdon,
and the Earl of Marlborough, and the Complaint of the
Earl of Scarsdale, and the Resolution drawn by the
Committee.
Then the House was adjourned during Pleasure, and
put into a Committee thereupon.
And, after some Time spent therein, the House was
resumed.
And the Lord Cornwallis reported the Resolution, as
now amended, and agreed to by the Committee.
Which was read, with the Amendments and Additions made to it.
And, after Debate thereupon,
The Question was put, "Whether to agree with
the Committee of the whole House in this
Resolution?"
It was Resolved in the Affirmative.
Resolution concerning the Commitment of Persons for Treason and Felony, and bailing them.
Whereas, by the Statute 31° Car. IIdi, intituled, "An
Act for the better securing the Liberty of the Subject and Prevention of Imprisonment beyond the
Seas," it is Provided and Enacted, "That if any
Person or Persons shall be committed for High
Treason or Felony, plainly and specially expressed in
the Warrant of Commitment, upon his Prayer or
Petition in open Court the First Week of the Term,
or First Day of the Sessions of Oyer and Terminer,
or General Gaol Delivery, to be brought to his
Trial, shall not be indicted some Time the next
Term, Sessions of Oyer and Terminer, or General
Gaol Delivery, after such Commitment; it shall and
may be lawful to and for the Judges of the Court
of King's Bench, and Justices of Oyer and Terminer,
or General Gaol Delivery, and they are hereby required, upon Motion to them made in open Court,
the last Day of the Term, Sessions, or Gaol Delivery, either by the Prisoner, or any One in his
Behalf, to set at Liberty the Prisoner upon Bail,
unless it appear to the Judges and Justices, upon
Oath made, that the Witnesses for the King could
not be produced the same Term, Sessions, or General
Gaol Delivery; and if any Person or Persons committed as aforesaid, upon his Prayer or Petition in
open Court, the First Week of the Term, or First
Day of the Session of Oyer and Terminer and General Gaol Delivery, to be brought to his Trial, shall
not be indicted and tried the Second Term, Sessions
of Oyer and Terminer, or General Gaol Delivery,
after his Commitment, or upon his Trial shall be
acquitted, he shall be discharged from his Imprisonment:"
It is now Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That it is the Duty of
the Judges of the Court of King's Bench, and Justices
of Oyer and Terminer, and General Gaol Delivery, in
Pursuance of the said Statute, to set at Liberty the Prisoner upon Bail, if committed for High Treason, unless it be made appear upon Oath, that there are Two
Witnesses against the said Prisoner, who cannot be produced that Term, Sessions, or General Gaol Delivery:
And it is hereby further Resolved, That in case there
shall be more than One Prisoner to be bailed or remanded, it is the Intention of the said Statute, that
there must be Oath made that there are Two Witnesses
against each of such Prisoners, in order to remand them
respectively.
E. of Huntingdon, E. of Marlborough, E. Scarsdale, & al.
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the Complaint of the
Earl of Scarsdale, and the Commitment of the Earl of
Huntingdon and the Earl of Marleborough, and their
being continued under Bail, shall be considered Tomorrow, at Ten of the Clock in the Forenoon; and no
other Business to intervene.
Adjourn.
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de
Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, (videlicet,) 15um diem Novembris, hora decima Aurora Dominis sic decernentibus.