DIE Lunæ, 25 die Novembris.
Domini tam Spirituales quam Temporales præsentes
Epus. St. Asaph.
|Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ.
Edwardus Comes Manchester, Camerarius Hospitii.
Vicecomes Say & Seale.
|Ds. Arlington, One of the Principal Secretaries of State.
Ds. Berkley de Berkley.
Ds. Arundell de Warder.
Ds. Howard de Charlt.
Ds. Howard de Esc.
Ds. Berkley de Strat.
Ds. Arundell of Trerice.
Bp. of St. Asaph, Leave to be absent.
The House being made acquainted, "That the Bishop
of St. Asaph, having Occasion of Business in the Country, hath obtained His Majesty's Leave, and desires
the Leave of this House for his Absence, intending
to leave his Proxy:"
This House granted his Desire.
Message to H. C. that the Lords will not commit the E. of Clarendon on a general Charge:
A Message was sent to the House of Commons, by the
Lord Chief Baron of the Exchequer and Justice Tyrrill:
To acquaint them, that, upon the Precedents and Reasons of the House of Commons, and the whole Debate
thereupon, the Lords are not satisfied to comply with
the Desires of the House of Commons, for sequestering
from this House and committing the Earl of Clarendon,
without any particular Treason assigned or specified.
The Judges returned presently, and gave this Account: "That, being upon going to the House of Commons to deliver their Lordships Message, they had
Directions to come back without delivering the
Message from thence, for a Conference about it.
A Message was brought from the House of Commons,
by Sir Robert Howard and others:
That the House of Commons having sent up Reasons
to satisfy their Lordships to agree with them in their
Desires concerning the Earl of Clarendon; and their
Lordships, being not satisfied with those Reasons, did
desire a Conference with the House of Commons thereupon on Thursday last; the Commons are now ready
to give a Conference thereupon at their Lordships Pleasure.
The Answer returned was:
That this House have considered of their Message,
and do appoint a present Conference, in the Painted
Conference about the E. of Clarendon.
These Lords following were appointed to manage this
Conference, and to deliver to the House of Commons
the Resolve of this House of the 20th of this Instant
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
And the Lord Chamberlain reported to the House;
That the Lords that were appointed to manage the
Conference had, according to their Lordships Directions, delivered the Resolve of this House, of the 20th
of this Instant November, to the House of Commons."
Pettit versus Hyde. (fn. *) Vide the Order of 6 Decem'r 1667, for the Alterations.
Upon hearing of Counsel on both Parts this Day,
at the Bar of this House, upon the Petition of Henry
Pettit, Administrator of Thomas Freeman, late of London,
Merchant, deceased, against Laurance Hyde, complaining
of the hard Measure he the said Petitioner hath, by a
Decree made in the Court of Chancery in the Year
One Thousand Six Hundred Sixty and One, for Eight
Hundred Ninety Three Pounds, Seven Shillings, and
Eight Pence, alledged to be due to the said Laurance
Hyde upon an Accompt for Brimstone, which Decree
is grounded upon a Certificate of Three Referees, videlicet, Mr. Reames, Mr. Elcock, and Mr. Micoe, all
of the said Laurance Hyde's own Naming; it appearing
to this Court, upon the Opening of the said Cause,
that whereas at the First this Matter in Question being
Merchants Accompts, it was referred by the Court
of Chancery, with the Consent of both Parties, to Four
Persons, videlicet, Mr. Rowland Elcock, Mr. William
Reames, Mr. Nicholas Skynner, and Mr. Daniel Fairfax,
or any Three of them, to hear and finally determine the
Matters in Difference between the said Parties; but, if
they the said Referees could not determine the same,
then to certify to the Court of Chancery, how they
found the same; who certifying Two and Two apart,
the Court of Chancery could ground no Order thereon;
and therefore, in appointing a Fifth Referee, named
Mr. Micoc, a Person formerly excepted against by the
Petitioner Pettit; whereupon, it being in the Power of
any Three to certify, the Two Referees formerly named
by the Defendant Laurance Hyde, and Mr. Micoe, certified without any of the Petitioner Pettit's Referees
joining with them; upon which Certificate the Decree
complained of was grounded, whereupon the Estate of
the Petitioner Pettit, as well Copyhold as Freehold, was
sequestered [and Laurance Hyde put into Possession
thereof], and he committed Prisoner to The Fleete for
not obeying the said Decree.
Upon due Consideration had of the Premises, it is
ORDERED, Declared, and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Decree be reversed and made void, and the same is
hereby reversed and made void; and that the said Henry
Pettit be released and discharged of his Imprisonment;
and the said Sequestration, for not obeying the said Decree, be taken off and discharged [and Henry Pettit
put into such Possession thereof as he was in before the
said Sequestration], for that the Cause of the said Complaint and Grievance of the Petitioner did arise from
nominating the said Mr. Micoe to be a Referee: And it
is hereby further ORDERED, Declared, and Adjudged;
That the said Cause and Proceedings thereupon [and
Possession of the Land of Henry Pettit] shall stand in
Statu quo, and as they were before the Order of Nomination of the said Mr. Micoe to be a Referee; and
the Lord Keeper of the Great Seal is hereby authorized
and required to proceed in the said Cause accordingly :
And it is hereby further ORDERED and Decreed, That
in case, upon the Determination of the said Cause, a
Decree shall be made on the Behalf of the said Laurance
Hyde, That the Lands and Estate of the said Petitioner,
which have been sequestered, shall be liable for Satisfaction thereof, as they should have been in case the said
Decree hereby reversed had stood, and the Sequestration had continued: And as to the rest of the Petitioner's
Complaint, their Lordships do not think fit to proceed
thereupon, the Petitioner having a Remedy in an ordinary
Course of Law, if there shall appear Cause of Relief.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, 26um
instantis Novembris, hora decima Aurora, Dominis sic