DIE Jovis, 24 Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Epus. London.
Epus. Winton.
Epus. Cov. & Litch.
Epus. Rochester.
Epus. Exon.
Epus. St. David's.
Epus. Sarum.
Epus. Bangor.
Epus. Oxon.
Epus. Ely.
Epus. Peterburgh.
Epus. St. Asaph. |
Ds. Custos Magni Sigilli.
Ds. Præses.
Ds. Custos Privati Sigilli.
Ds. Senescallus.
Dux Somerset.
Dux South'ton.
Dux Northumberland.
Dux St. Albans.
Dux Bolton.
Dux Schonberge.
March. Halifax.
March. Normanby.
Comes Oxon.
Comes Kent.
Comes Bridgewater.
Comes Manchester.
Comes Rivers.
Comes Stamford.
Comes Kingston.
Comes Carnarvan.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Bathe.
Comes Craven.
Comes Ailesbury.
Comes Burlington.
Comes Sussex.
Comes Feversham.
Comes Maclesfeld.
Comes Radnor.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Portland.
Comes Monmouth.
Comes Montagu.
Comes Marleborough.
Comes Torrington.
Comes Scarbrough.
Comes Bradford.
Comes Rumney.
Viscount Villiers. |
Ds. Willoughby Er.
Ds. Fitzwalter.
Ds. Eure.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Grey W.
Ds. Lovelace.
Ds. Jermyn.
Ds. Culpeper.
Ds. Clifforde L.
Ds. Lucas.
Ds. Granville.
Ds. Cornwallis.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Cholmondeley.
Ds. Lempster.
Ds. Weston.
Ds. Herbert Ch. |
PRAYERS.
Tattershall versus Fitzherbert:
After hearing Counsel upon the Petition and Appeal
of Thomas Tattershall Clerk, from an Order of Dismission of a Bill in the Court of Chancery, by him exhibited, against Henry Fitzherbert and William Jones;
as also upon the Answer of William Jones and Henry
Fitzherbert put in thereunto:
Judgement affirmed.
After due Consideration had of what was offered
thereupon, it is ORDERED and Adjudged, by the Lords
Spiritual and Temporal in Parliament assembled, That
the said Petition and Appeal of the said Thomas Tattershall shall be, and is hereby, dismissed this House;
and that the Order of Dismission in the Court of
Chancery, from which he appealed, shall be, and is
hereby, affirmed.
Trials for Treason, Bill:
Then the House took into Consideration the Amendments made by the Committee of the whole House, to
the Bill, intituled, "An Act for regulating of Trials,
in Cases of High Treason and Misprision of Treason;" and agreed to all preceding the Amendment
in the 2d Skin, 17th Line; instead whereof, a Clause
relating to Outlawries in High Treason was offered, and
agreed to be Part of the Bill.
The Amendment 3d Skin, 8th Line, being the
Clause marked (B), was read, as followeth; (videlicet,)
"And whereas, by the good Laws of this Kingdom, in Cases of Trials of Commoners for their
Lives, a Jury of Twelve Freeholders must all agree
in one Opinion, before they can bring a Verdict
either for Acquittal or Condemnation of the Prisoner; and whereas, upon the Trials of Peers or
Peeresses, a major Vote is sufficient either to acquit
or condemn: Be it further enacted, by the Authority aforesaid, That, upon the Trial of any Peer
or Peeress, for Treason or Misprision of Treason,
all the Peers who have a Right to fit and vote in
Parliament shall be duly summoned, Twenty Days at
least before every such Trial, to appear at every
such Trial; and that every Peer so summoned, and
appearing at such Trial, shall vote in the Trial of
such Peer or Peeress so to be tried, every such Peer
first taking the Oaths mentioned in One Act of
Parliament made in the First Year of King William
and Queen Mary, intituled, "An Act for abrogating the Oaths of Supremacy and Allegiance, and
appointing other Oaths;" and also every such Peer
subscribing and audibly repeating the Declaration
mentioned in an Act of Parliament, intituled, "An
Act for the more effectual preserving the King's
Person and Government, by disabling Papists from
sitting in either House of Parliament," and made in
the Thirtieth Year of the late King Charles the
Second."
And, after Debate thereon,
This Question was put, "Whether this House
shall agree with the Committee, in adding
this Clause?"
It was Resolved in the Affirmative.
Then the Clause marked (C) was read, as followeth;
(videlicet,)
"Provided also, and be it enacted, by the Authority aforesaid, That no Indictment for any the
Offences aforesaid, nor any Process or Return thereupon, shall be quashed, on the Motion of the Prisoner or his Counsel, for miswriting, mispelling,
false or improper Latin, unless Exception concerning the same be taken and made in the respective
Court where such Trial shall be, by the Prisoner or
his Counsel, assigned, before any Evidence is given
in open Court upon such Indictment; nor shall any
such miswriting, mispelling, false or improper Latin,
after Conviction on such Indictment, be any Cause
to stay or arrest Judgement thereupon: But nevertheless any Judgement given upon such Indictment
shall and may be liable to be reversed, upon a Writ
of Error, in the same Manner (and no other than) as
if this Act had not been made."
And, after Debate,
This Question was put, "Whether this House
shall agree with the Committee in adding
this Clause?"
It was Resolved in the Affirmative.
Protest against adding a Clause to it:
"Diffentientibus,
Rochester.
Ailesbury.
Nottingham.
Tho. Roffen.
Jefferys.
Cliforde.
Guildford.
Amendments to the Bill.
Then the Amendment following was agreed to be
made to the Bill; videlicet,
1st Skin, 10th Line, instead of ["King and Queen's"],
read ["King's"]; and instead of ["Majesties"], read
["Majesty"].
The Proviso in the Bill concerning Impeachments
in Parliament being read;
After Debate,
This Question was put, "Whether this Clause
shall stand Part of the Bill?"
It was Resolved in the Affirmative.
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the Clauses agreed to by
the House shall be engrossed, and the Amendments
writ fair, against Saturday, at Twelve of the Clock; at
which Time the said Bill shall be read the Third Time;
and all the Lords summoned to attend.
Message from H. C. with a Bill.
A Message from the House of Commons, by the
Lord Digby and others:
Who brought up a Bill, intituled, "An Act for the
re-building the Town of Warwick, and for determining Differences touching Houses burnt or demolished
by reason of the late dreadful Fire there."
Baden versus Regem, Error.
This Day Mr. Baron Powell brought up a Writ of
Error:
Rob'tus Baden Plaintiff,
versus
Reg. et Regin. Def.
Lord versus Lord.
Whereas To-morrow is appointed for hearing of the
Cause wherein Lawrence Lord is Appellant, and Robert
Lord Respondent:
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That this House will hear the
said Cause on Monday next, at Ten of the Clock in the
Forenoon.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque ad et in diem
Veneris, (videlicet,) vicesimum quintum diem instantis
Januarii, hora undecima Aurora, Dominis sic decernentibus.