DIE Sabbati, 29 die Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
REX.
| His Royal Highness the Duke of Yorke. |
Arch. Eborac.
Epus. London.
Epus. Ely.
Epus.Petriburgh.
Epus. Carlile.
Epus. Rochester.
Epus. Landaff.
Epus. Chichester.
Epus. Oxon.
Epus. Gloucester.
Epus. Chester. |
Dux Cumberland.
Ds. Cancellarius Angliæ.
Ds. Thesaurarius Angl.
Marq. Worcester.
Marq. Dorchester.
Robertus Comes de Lyndsey, Magnus Camerarius Angl.
Henricus Comes Norwichiæ, et Comes Marescallus Angl.
Jacobus Comes de Brecknock, Senescallus Hospitii Domini Regis.
Henricus Comes St. Albani, Camerarius Hospitii Domini Regis.
Comes Oxon.
Comes Bedford.
Comes Suff.
Comes Dorset.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Devon.
Comes Denbigh.
Comes Clare.
Comes Bollingbrooke.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Dover.
Comes Winchilsea.
Comes Chesterfield.
Comes Scarsdale.
Comes Rochester.
Comes Sandwich.
Comes Cardigan.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylsebury.
Comes Burlington.
Comes Arlington.
Vicecomes Say & Seale.
Vicecomes de Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax. |
Ds. Awdley.
Ds. Berkeley de Berk.
Ds. Stourton.
Ds. Sandys.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. Petre.
Ds. Grey.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Powis.
Ds. Newport.
Ds. Byron.
Ds. Vaughan.
Ds. Carrington.
Ds. Widdrington.
Ds. Ward.
Ds. Astley.
Ds. Lucas.
Ds. Bellasis.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Berkeley de Strat.
Ds. Crofts.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Townsend.
Ds. Butler. |
PRAYERS.
Message from H. C. to return the Bill for the King's general Pardon.
A Message was brought from the House of Commons,
by Mr. Attorney General and others:
That whereas the Commons have received from their
Lordships His Majesty's most gracious general and
free Pardon, they do now return it, with this Signification, That the Commons have accepted of it with all
imaginable Thanks.
Bill of Supply.
Hodie 3a
vice lecta est Billa, "An Act for raising
the Sum of Twelve Hundred Thirty-eight Thousand
Seven Hundred and Fifty Pounds, for Supply of
His Majesty's extraordinary Occasions."
The Question being put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Greenland and East Country Trade Bill.
The Earl of Craven reported, "That the Committee
have considered the Bill for Encouragement of the
Greenland and Eastland Trades; and do think it fit to
pass as it is."
Then,
Hodie 3a
vice lecta est Billa, "An Act for the Encouragement of the Greenland and Eastland Trades, and
for the better securing the Plantation Trade."
The Question being put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message from H. C. for a Conference on the Dissenters Bill.
A Message was brought from the House of Commons,
by Mr. Herbert and others:
To desire a Conference, concerning the Bill for Ease
of Dissenters.
The Answer returned was:
Answer.
That this House will give a Conference, as is desired; and appoints the same to be presently, in the
Painted Chamber.
The Lord Chancellor, Lord Steward, Earl of Bridgwater, Earl of Anglesey, Earl of Carlile, Vicecomes
Hallyfax, Bishop of Rochester, and Lord Widdrington,
are appointed to be Reporters of this intended Conference.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Report of the Conference.
The Lord Chancellor reported the Effect of the Conference with the House of Commons; and shewed
wherein the Commons agree or disagree with the Lords,
in the Amendments in the Bill for Ease of Dissenters.
"The First Amendment in the 14th Line, for adding
the Words ["by virtue of His Majesty's Grant or
Dispensation to be published by Proclamation under
the Great Seal of England, by virtue of this Act,
may be"], the Commons disagree; because, they
say, it is without Precedent, and may be of ill Consequence, to put a Power any where out of Parliament, whether a Law should take its Effect or no.
They do not know upon what Terms and Conditions,
and with what Limitations and Qualifications, such a
Proclamation may issue, whereby the Intent of this
Law might in a great Measure be defeated, and the
Benefit of this Act rendered very uncertain to all
those People to whom Ease is intended: That it puts
a great Number of Persons upon a different Dependency upon the Crown from the rest of His Majesty's
Subjects; and if such Dissenters should have too
great a Countenance, it might cause many Persons to
withdraw themselves from the Church of England.
"That, though the House of Commons cannot comply with so unlimited a Power as the issuing out such
Proclamations would induce, yet, by a Clause added
at the End of their Amendments to the Proviso
marked (A.), they have put a sufficient Power in His
Majesty to prevent any Inconveniences that may arise
by this Act, which they doubt not but will satisfy
their Lordships.
"To the Second Amendment, the Commons agree
with the Lords.
"To the 3d Amendment, for leaving out the Words
["before the next General or Quarter Sessions for
the Peace, to be holden for the County, City, or
Place, where the Meeting Place shall be, for the Performance or Exercise of any religious Duty or Worship as aforesaid"], the Commons disagree, because
that these Words relate to the Way of proceeding
by Justices of the Peace without resorting to the King
for Licenses, which the House of Commons have
thought sit to continue for the Reasons before given;
and therefore they cannot agree to this Amendment.
"To the 4th Amendment, concerning the Teacher
or Minister recording his License at the Quarter
Sessions, and making a Declaration, the Commons do
not agree, because that by this Amendment the Tests
of the Oaths of Allegiance and Supremacy, and the
Subscription to the Articles of the Doctrine of the
Church of England, are wholly left out; which if it
were admitted, Liberty might be given to Popery,
and all Heresies and Sects whatsoever, though never
so damnable or destructive to Christian Government,
and which were never tolerated or dispensed withal
in any Christian State whatsoever. They do not intend by this Act to give Ease to those that differ with
us in the Fundamentals of Religion, but only in some
Circumstances or Ceremonial Part of it; and they
cannot know who agree with us in Fundamentals,
unless they propose somewhat to which we all consent; and they conceive this Subscription to be the
most proper Test, because it is the same that was
enjoined in the Time of Queen Eliz. after the Reformation of Religion, before these Divisions did appear
publicly in our Church: That these Tests will put a
Difference between the Popish and Protestant Dissenters, which were never sufficiently distinguished by
any Law yet extant; and this, they conceive, will be
of great Benefit and Advantage to the Church of
England, and conduce very much to the Preservation
and Security of the Protestant Religion.
"To the 5th and 6th Amendments, the Commons
disagree, because they think no Man deserves the
Favour of this Act who refuseth to take the Oaths
of Allegiance and Supremacy, which are the Civil
Obligations of the Subjects of England to their King;
and they cannot admit of the 6th Amendment, because
they disagree to the Lords former Amendment, of procuring Licenses from the King, to which this relates.
"To the 7th, 8th, 9th, and 10th Amendments, the
Commons agree.
"To the 11th Amendment, the Commons disagree,
because they conceive it will be for the Advantage
of the Church to invite as many to come in as may
consist with its Safety, and to remove such unnecessary
Scruples as may offend or hinder others from uniting
with us: That they conceive that many Persons, that
would renounce all Obligation of the Covenant upon
themselves, are yet doubtful how far it may oblige
other Persons, through a misguided Conscience, or
invincible Ignorance; and they conceive themselves
sufficiently secured of such Persons as shall take the
remaining Part of the Renunciation: That they
think it inconvenient to oblige any Person that hath
never taken the Covenant to enquire into it, which
all those must necessarily do who are obliged to renounce it; whereby the Memory of it will be continued, which is sitter to be buried in Oblivion.
"To the First Proviso marked (A.), the Commons
agree with these Amendments; (videlicet,) 18 Line,
leave out the Word ["or"], and instead thereof
insert the Word ["and"]. At the End of the said
Proviso, add the Clause following: Provided always,
and be it Enacted, That His Majesty, His Heirs and
Successors, for any Misdemeanors by colour of this
Act, may, by His Proclamation under the Great Seal,
take off the Liberty granted by this Act to any Person
or Persons whatsoever, as to Him or Them shall
appear meet or convenient; because they conceive
their Lordships intend not to deprive any Persons
from the Benefit of this Act, but such as have revolted from the Church of England; and they cannot
esteem any Persons to have been Members of the
Church of England, but such as have both conformed to the Liturgy, and received the Sacrament.
They add the Clause at the End of this Proviso, for
the Reason given before to the First Amendment.
"To the Second Proviso marked (B.) they agree,
with this Amendment: After the Word ["acted"],
add these Words ["or omitted"]."
Protestant Dissenters Bill.
This Report being ended, the Lords took the same
into Consideration; and, after Debate, came to the
Results following:
To the First Amendment made by the Lords, to
which the Commons disagree, the Lords do insist on.
To the Third Amendment, the Lords do insist on.
To the Fourth Amendment, the Lords do insist on.
To the Fifth and Sixth Amendments, the Lords do
insist on.
To the 11th Amendment, which the Commons do
not agree to:
The Question being put, "Whether to agree
with the House of Commons in this last Clause
concerning the Covenant, that it may stand
in the Bill as it is?"
It is Resolved in the Negative.
In the Proviso marked (A.), the Lords agree to the
First Amendment in the 18th Line; but to the Clause
to be added to the End of it, the Lords disagree.
In the Proviso marked (B.), the Lords agree to the
Amendment made by the Commons.
Another Conference to be had on it.
ORDERED, To have a Conference with the House
of Commons, in the Afternoon, to communicate these
Resolutions to them, and the Reasons given in the Debate.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus
instantis diei, hora tertia, Dominis sic decernentibus.
Post meridiem:
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| His Royal Highness the Duke of York. |
Arch. Eborac.
Epus. London.
Epus. Ely.
Epus. Sarum.
Epus.Petriburgh.
Epus. Carlile.
Epus. Worcester.
Epus. Rochester.
Epus. Landaff.
Epus.Chichester.
Epus. St. Asaph.
Epus. Oxon.
Epus. Bristoll.
Epus.Gloucester.
Epus. Chester. |
Dux Cumberland.
Ds. Cancellarius Angl.
Ds. Thesaurarius Angl.
Dux Monmouth.
Marq. Worcester.
Robertus Comes de Lyndsey, Magnus Camerarius Angl.
Henricus Comes Norwichiæ, et Comes Marescallus Angliæ.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Henricus Comes St. Albani, Camerarius Hospitii Domini Regis.
Comes Oxon.
Comes Bedford.
Comes Suff.
Comes Dorsett.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Devon.
Comes Denbigh.
Comes Clare.
Comes Bollingbrooke.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Marlborough.
Comes Dover.
Comes Winchilsea.
Comes Chesterfeild.
Comes Scarsdale.
Comes Rochester.
Comes Sandwich.
Comes Cardigan.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylisbury.
Comes Burlington.
Comes Arlington.
Vicecomes Say & Seale.
Vicecomes de Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax. |
Ds. Awdley.
Ds. Berkley de Berk.
Ds. Fitizwalter.
Ds. Stourton.
Ds. Sandys.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. Petre.
Ds. Grey.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Powis.
Ds. Newport.
Ds. Byron.
Ds. Vaughan.
Ds. Widdrington.
Ds. Ward.
Ds. Astley.
Ds. Lucas.
Ds. Bellasis.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Wootton.
Ds. Crofts.
Ds. Berkeley de Strat.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Townsend.
Ds. Butler. |
PRAYERS.
Message to H. C. for a Conference on the Dissenters Bill;--and that the Lords have passed the following Bills.
A Message was sent to the House of Commons, by
Sir William Beversham and Sir William Lowe:
To desire a present Conference, in the Painted Chamber, concerning the Subject-matter of the last Conference.
Also to acquaint them, that this House have passed,
The Bill for the King's Supply.
The Bill for the Encouragement of Greenland Trade,
&c.
The Bill concerning Salesmen of Fat Cattle.
Report from the Committee concerning Judicature, and the Continuance of Business from Session to Session.
Upon Report made by the Lord Widdrington, from
the Lords Committees for Privileges, &c. "That, in
Pursuance of the Matter referred to their Lordships
by Order of the 11th Instant, (videlicet,) whether an
Appeal unto this House (either by Writ of Error or
Petition), or any other Business wherein their Lordships act as in a Court of Judicature, and not in their
Legislative Capacity, being depending, and not determined in One Session of Parliament, continue in
Statu quo, unto the next Session of Parliament, without renewing the Writ of Error or Petition, or beginning all anew, their Lordships considered several
Precedents both ancient and modern (which were
produced to their Lordships at the Committee); videlicet,
"1st. In General: Crompton, Parliament 20. A
general Rule for Writs of Error depending to be
continued to the next Parliament, and the Writ of
Scire facias to be made then returnable.
"2. In Particular: 18 E. I. Placita Parliamentaria, p. 44. and 49, the Case of William de Valentia
and Isabell Mareschall. William de Valentia had been
impleaded, and put to answer the Parliament before,
which was presently after Christmas, at the Suit of
Isabell le Mareschall, for exercising the Office of a
Sheriff in the Hundred of Hostereslegh. He pleaded,
he did it in the Right of his Wife; and that he ought
not to be put to answer without her: Whereupon he
had Time given for him and his Wife to appear as
this Day, at this Parliament, beginning Three Weeks
after Easter; and Isabell le Mareschall had the same
Time given to prosecute.
"The same Year, p. 43. Hugh de Louther's Case;
there being a Question concerning Lands held in Capite, that had been formerly belonging to one Henry
de Edelyngthorp, then in the Possession of Henry de
Louther as his Heir; of which Thomas de Normanvill
the Escheator was to give an Account this Parliament,
for recovering of the King's Right upon that Descent;
and one Adam coming and laying Claim to those Lands,
saying that he was right Heir, the Escheator is ordered to make Inquisition into it by a Jury, ita quod
ad proximum Parliamentum post Festum S'ti Michaelis
distincte et aperte inde respondeat.
"21° E. I. p. 160. Magdulphus Earl of Fife had
made his Complaint, that John King of Scotland had
unjustly taken from him certain Lands in the County
of Fife. A Writ of Scire facias was thereupon directed
to the Sheriff of Northumberland, to warn the King
of Scotland to appear before the King in Parliament
such a Day. The King of Scotland appeared, and
made some Defence, which did not satisfy; so they
were pronouncing Judgement against Him: But, before it was pronounced, He desired Respite till the
next Parliament after Easter, to advise with His Council in Scotland, and that then He would come (as He
said) et feray ce que faire devray, do what in Duty He
was to do. Upon which, Day is given Him till the
next Parliament, which was to be after Easter, in
omnibus eodem Statu quo nunc.
"30 E. I. p. 234, the Case of William de Breouse,
and Walter de Pederton Constable of Kermerdyn,
touching the Manor of Gower, for which William was
summoned in to do Suit and Service at the Castle of
Kermerdyn; of which he had complained, and Day
had been given to all Parties to appear next Parliament: And then it was not determined, but referred
to a further Hearing at the following Parliament,
which was to be held at Lyncolne, in Octabis Hillarii;
and from thence, after some Debatings and Arguings,
put off again to this Parliament, in the 30th of the
King, in Octabis S'ti. Johannis Baptistæ, where the
Business was more fully heard, and Course taken
in it.
"The same Year, p. 605, some Merchants petition
in Parliament for some Debts owing to them, for
which they have no other Shewings but the Court
Rolls, which are in the Keeping of the Stewards and
Marshals, Officers to the King, before whom those
Recognizances were taken, who refuse to shew them
without special Warrant; whereupon they are ordered
to bring all their Court Rolls to the next Parliament.
"15 E. III. N. 8. 43. 49. The Archbishop of Canterbury being arraigned in Parliament (according to
his own Desire) before his Peers; the Bishops of Durham and Sarum, and the Earls of Northumberland,
Arundell, Warwick, and Salisbury, were appointed to
hear his Answer, the same to be debated the next
Parliament; and all Things touching his Arraignment to remain with Sir William of Keldesby, Keeper
of the Privy Seal.
"51 E. III. N. 96. Hugh Scaffolk, of Yarmouth, had
been accused the Parliament before of divers Extortions, whereupon Commission had been granted to
the Earl of Suffolk and Sir John Cavendish Chief Justice,
to examine the Business; and Sir John Cavendish gave
Account in open Parliament, that by 18 Inquests he
had been found guiltless.
"1 R. II. N. 28. The Earl of Salisbury, William de
Mountacute, brings his Writ of Error upon a Judgement in the King's Bench, by which Roger de Mortimer Earl of March, Father to Edmond, had recovered from him some Lands in Wales. The Record
is brought into the House by the Chief Justice, there
to remain; and a Scire facias awarded, to warn Edmond Earl of March to appear next Parliament. The
next Parliament, 2 R. II. N. 21, 22, 23, 24, the
Earl of March appears; saith, The Writ was not duly
served, for that there was an Error in the Sheriff's
Return; Edmond Mortimer, his Grandfather, being
there said to be an Earl, which he never was. The
Earl of Salisbury, on the other Side, affirmed it to
be a good Return: So, there being Difficulty in the
Matter, and the Parliament drawing towards an End,
Day was given to both Parties till next Parliament,
with all Advantages; and the Matter to stand as now
it doth.
7 R. II. N. 20. The Prior and Convent of Montague complain of a Judgement given in the King's
Bench, in Behalf of Sir Richard Seymor, in which
due Form had not been observed, and obtains to have
them amended: Then prays the whole Judgement to
be reversed, for certain Errors; and a Scire facias,
for Sir Richard to appear the next Parliament. All
which was ordered; and the old Process and Record
to be at the same next Parliament.
"13 R. II. N. 15. Sir Thomas Metham brings a
Writ of Error upon a Judgement in the King's Bench,
by which he was to pay Five Hundred Marks to
John Aske; and prays for a Scire facias, returnable
the next Parliament, for Aske then to appear. Which
was granted.
"15 R. II. N. 22. John Sheppy brings his Writ of
Error, for a Judgement in the King's Bench, given in
the Behalf of the Prior of Huntington: Ordered a
Scire facias, to warn the Prior to appear next Parliament, to abide the Order therein to be taken; and
the whole Record and Process to be then there.
"N. 24. Edmond Bassett prays a Scire facias for a
Judgement given in the King's Bench, for several
Lands in the County of Sommersett, between the King
Demandant and the said Edmond Deforcient: Upon
this Petition, the Scire facias is granted; and it is
likewise ordered, that the Matter shall continue in the
same State until the next Parliament.
"5 H. IV. N. 40. Roger Deyncourt complains of an
erroneous Judgement given against him in the King's
Bench, for Ralph de Alderley; assigns the Errors;
then a Scire facias is granted, for Alderley to (fn. *) appear
next Parliament. The next Parliament, 6 H. IV.
N. 31. this Scire facias is returned Tarde venit; so a
new one is granted, returnable the Parliament after
that, and the Process to be continued.
"1 H. V. N. 19. Gunwardby complains of a Judgement in the King's Bench, in Behalf of John Windsor,
for several Lands in Cambridgshire; assigns the Errors; hath a Scire facias granted, to warn Windsor to
appear at the next Parliament, to hear the Record
and Process.
"3. H. V. N. 19. Cathermaine prays a Scire facias
against William Hore and John Hore, Executors of Thomas Hore, for an erroneous Judgement given in the
King's Bench on the Behalf of Thomas, upon an
Action of Trespass: It is granted, returnable the next
Parliament.
"21 Jac. 28° Maii, the Lord Chief Justice brings
into the House the Record of a Judgement given here
in the King's Bench, in Placito Transgressionis et Ejectionis Firma, between William Macdonnagh Plaintiff,
and John Farrar Defendant, for Lands in Ireland:
Macdonnagh makes Thomas Stafford his Attorney, by
a Letter there produced, and proved by Two Witnesses. Stafford assigns the Errors; whereupon a Writ
is ordered, to go to the Chief Justice of Ireland, requiring him to issue out a Writ of Scire facias to the
Sheriff of Wexford, to warn Farrar to appear before
their Lordships at the next Session of Parliament, to
hear the Record and Process of Error in the Judgement given in the King's Bench in that Cause.
"The same Day, the Earl of Bridgwater reports
from the Committee for Petitions, the Opinion of
that Committee upon divers Petitions, of which his
Lordship did then give an Account unto the House;
and it was, That they should be retained in Statu
quo until the next Session of Parliament, which was
ordered accordingly.
"1st Parliament of King Charles the Second, 28
December, several Petitions of Awbrey de Vere Earl
of Oxon, Charles Earl of Derby, and Thomas Lord
Windsor, were read, concerning the Office of the
Great Chamberlain of England; and the Lords ordered, That the Consideration of the said Petitions
should be adjourned to the Fourth Day of the Sitting
of the next Parliament.
"The Case of Dame Alisimon Reade, the 4th of
April, 1671, Wife of Sir John Reade, praying to be
relieved against the hard Usage of her Husband: It
was ordered, That Counsel on both Parts should be
heard, on Thursday the 6th of the same April; on
which Day the Lords ordered, That the further Debate of that Business should be adjourned to the First
Tuesday of the next Sitting of the Parliament after
the Recess then at Hand.
"The Case of the Lord Delawarr and the Lord
Berkeley of Berkley, concerning Precedency, the 14
of April, 1671: It was ordered, That they should be
heard on the Second Monday of the next Meeting of
the Parliament after the Recess.
Writs of Error, Appeals, &c. may be continued from One Session to another.
"Upon the Consideration of these Precedents, and
of several others mentioned at the Committee, their
Lordships came to a Resolution, and accordingly declared it their Opinion, That Businesses depending in
One Parliament, or Session of Parliament, have been
continued to the next Session of the same Parliament,
and the Proceedings thereupon have remained in the
same State in which they were left when last in Agitation."
The House, taking the said Report into their Consideration, do approve thereof, and order it accordingly.
Cusack versus Ld. Dungannon, an Appeal from the Court of Claims in Ireland.
Upon reading the Petition of John Cusacke Gentleman, Son and Heir to Bartholmewe Cusacke Gentleman,
deceased, being an Appeal from a Decree made by the
Court of Claims in the Kingdom of Ireland, concerning
certain Lands and Tenements, in the County of Meath,
in the said Kingdom, assigned by the said Bartholmew
Cusacke to one Sir Edward Bolton, in the Year One
Thousand Six Hundred Forty and One (to avoid the
Troubles of those Times), by Deeds dated in One Thousand Six Hundred Thirty and Eight; which Lands and
Tenements are since conveyed, by Nicholas Bolton, Son
and Heir of the said Sir Edward Bolton, to Mark late
Lord Viscount Dungannon, in the said Kingdom of Ireland; who setting up a Title to the said Lands and
Estate, as belonging to the Commissioned Officers who
served His Majesty in the Wars in Ireland before the
Year One Thousand Six Hundred Forty and Nine,
hath, by the Combination of the said Nicolas Bolton
(as in the said Petition is alledged), recovered the said
Lands and Tenements by Decree of the said Court of
Claims, notwithstanding that the said Lands and Tenements were assigned to the said Sir Edward Bolton only
in Trust for the said Bartholmew Cusacke, whose Son
John Cusacke (the Petitioner) was lately in Possession thereof; but, by an Action of Ejectment brought
by the said Viscount Dungannon in the Court of King's
Bench in Ireland, making Title by virtue of the aforesaid Decree (to which the Petitioner was no Party), the
said Viscount Dungannon obtained a Judgement for the
Recovery of the said Lands and Tenements; since which,
the Petitioner's Wife and Children and Family have
been thrown out of the Possession thereof, by Violence
and Force, with the Help of Soldiers, to their utter
Ruin, as the Petitioner alledgeth:
It is thereupon ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That the Case
of the said John Cusacke mentioned in the said Petitions
be, and is hereby, recommended to the Lord Chancellor
of the Kingdom of Ireland; who is hereby directed to
examine the Business complained of, and take Order
therein for his Relief, according to the Justice of the
Case, if it may be done by the ordinary Rules of Proceedings in the Court of Chancery in Ireland; or otherwise that the Lord Chancellor of the said Kingdom
cause timely Notice to be given to the said Lord Viscount Dungannon, by his Guardian, and Nicholas Bolton,
complained of in the said Petition, that they put in their
Answer in Writing (which they are hereby required to
do) to the said Petitions, at the Bar of this House, on
the First Tuesday of the next Sitting of the Parliament
after the Recess now at Hand: And it is further ORDERED, That in case Relief cannot be had for the Petitioner in Ireland as aforesaid, the said Petitioner John
Cusack is hereby appointed to cause Copies of his Petitions and Appeal to be delivered to the said Viscount
Dungannon by his Guardian, and the said Nicholas Bolton,
One Month at the least before the Time appointed
for putting in their Answers as aforesaid.
Doctor Salmon et al. versus Hamburgh Company.
Upon Report made this Day by the Earl of Aylsebury,
from the Lords Committees appointed to consider what
Relief may be given to the Creditors of the Corporation
of Merchant Adventurers of England, commonly called
the Hambrough Company, by the Judicial Power of this
House, as the Case now stands before their Lordships,
"That the Committee have met, and were attended by
the said Creditors; but nobody appeared for the
said Company (who were likewise appointed by the
House to attend the Lords Committees); Mr. Harris
(who was Solicitor for the said Company at their
Hearing at the Bar of this House) alledging now,
"That he is discharged by them, and not at all employed in their Service;" and that therefore the said
Lords Committees desire the further Directions of
this House, how they shall proceed in this Matter:"
It is thereupon ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That, in regard of
the present Shortness of Time, this House will take up
the Consideration of the great Oppression of the poor
Creditors of the said Hambrough Company by the said
Company, and their high Contempt of this Court and
of the Courts below, on the Second Friday of the next
Meeting of the Parliament after the Recess now at
Hand.
Cholmley et al. versus The Grocers Company et al.
Upon Report made this Day by the Earl of Aylsebury,
from the Lords Committees appointed to treat with the
Wardens and Commonalty of the Mystery of the Grocers of London, and their Creditors, upon what hath
been offered to this House by their respective Counsels
at the Bar, in order to the Payment of the just Debts
owing by the said Company, "That the said Company,
by their Counsel, having made a Proposition before
their Lordships, which was not satisfactory to their
Creditors, and that Margaret and Elizabeth Cholmely,
by John Savill Esquire their Guardian, Sarah Smith
Widow, and Sir Kingsmill Lucy Baronet, and their
Counsel, having made a Proposition to the said Company, which their Counsel would not accept of, their
Lordships were of Opinion, That this House would
please to direct, that the Lord Chancellor of England
be enabled to proceed to the Sale of such Part of
the said Grocers Company's Estate as is free from
any prior Incumbrances or charitable Uses charged
upon it before the Suits in Chancery commenced,
to be paid to the several Creditors, in Satisfaction of
their Debts, according to the Priority of their Decrees and Sequestration:"
It is thereupon ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That, in regard
of the present Shortness of Time, this House will take
up the Consideration of this Report on the Fourth Day
of the next Meeting of the Parliament after the Recess now at Hand; and that, in the mean Time, the
said Company of Grocers are hereby required to apply
themselves with all Diligence to compose these Differences; and give their Creditors all possible Satisfaction: And it is further ORDERED, That the Lord
Chancellor of England shall summon the Wardens of
the said Company to appear before him, and signify
this Resolution of this House unto them.
E. of Denbigh versus Burton, Privilege.
Whereas Andrew Burton Gentleman, being in the
Custody of the Serjeant at Arms attending this House,
for a Breach of Privilege of Parliament committed by
him against the Earl of Denbigh, a Peer of this Realm
(particularly expressed in the Order of this House, dated
the 13th Day of this Instant March, by virtue whereof
he was attached), was this Day brought to the Bar of
this House; where, on his Knees, he acknowledged his
Offence, and begged the Pardon of this House, and
particularly of the Earl of Denbigh, and received the
Reprehension of the House for the same:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Andrew Burton (at the Intercession of the said Earl of Denbigh on
his Behalf) be, and is hereby, discharged from any
further Restraint for his said Offence, paying his Fees;
and this shall be a sufficient Warrant on that Behalf.
Merces versus Mercer.
Whereas there is a Petition and Appeal of Robert
Mercer Merchant depending in this House, to which
Alice and Ellen Mercer Infants have, by their Guardian
Richard Blackmore, put in an Answer in Writing:
It is this Day ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That this House
will hear Counsel at the Bar, on both Parts, upon the
said Petition and Answer, on the Second Wednesday of
the next Meeting of the Parliament after the Recess
now at Hand.
Answer from H. C.
The Messengers return with this Answer from the
House of Commons:
That they will give a Conference, as is desired.
Conference on the Protestant Dissenters Bill.
The same Lords as were Reporters of the last Conference are appointed to manage this; and to fortify
their Lordships insisting upon their Amendments with
those Reasons as were urged in the Debate in the
Morning.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Then the Lord Chancellor reported, "That the Managers had performed their Lordships Commands at
last Conference."
King present.
The King, sitting in His Royal Throne, adorned with
His Crown and other Regal Ornaments, commanded the
Gentleman Usher of the Black Rod to signify to the
House of Commons His Pleasure, "That they presently
attend His Majesty."
The Commons being come, their Speaker made a
short Speech, and presented to His Majesty a Bill, intituled, "An Act for raising the Sum of Twelve Hundred thirty-eight Thousand and Seven Hundred and
Fifty Pounds, for Supply of His Majesty's extraordinary Occasions."
Which Bill was received from the Speaker, at the
Bar, by the Clerk of the Parliaments, and brought to
the Table.
And the Clerk of the Crown read the Title; videlicet,
Bills passed.
"An Act for raising the Sum of Twelve Hundred Thirty-eight Thousand Seven Hundred and
Fifty Pounds, for Supply of His Majesty's extraordinary Occasions."
To which the Clerk of the Parliaments pronounced the Royal Assent, in these Words,
"Le Roy, remerciant Ses bons Subjects, accepte
leur Benevolence, et ainsi le veult."
Then His Majesty proceeded to give His Royal Assent, in the like Manner, to these Bills following:
Public Bills:
"An Act for the King's Majesty's most gracious,
general and free Pardon."
"An Act for preventing Dangers which may happen
from Popish Recusants."
"An Act for continuing a former Act concerning
Coinage."
"An Act for enabling His Majesty to make Leases
of His Lands belonging to His Dutchy of Cornwall."
"An Act for taking off Aliens Duty upon Commodities of the Growth and Manufactures of this
Nation."
"An Act for the reviving the Judicature for Determination of Differences touching Houses burnt
down and demolished by reason of the late Fire
which happened in London, and for rebuilding the
Navy-office."
"An Act to enable the County Palatine of Durham to send Knights and Burgesses to serve in Parliament."
"An Act for Repeal of a Clause in a former Act,
to prohibit Salesmen from selling Fat Cattle."
"An Act for encouraging the Greenland and Eastland Trades, and for the better securing the Plantation Trades."
To these Bills the Royal Assent was pronounced in
these Words,
"Le Roy le veult."
Then the Private Bills were passed; videlicet,
"An Act for the Settlement of the Rectory of Chudleigh, in the County of Devon, upon Thomas Lord
Clifford and others."
"An Act to enable James Earl of Salisbury to let
Leases of certain Lands and Tenements, for any Term
not exceeding Forty Years."
"An Act to enable the Dean and Chapter of the
Cathedral Church of Bristoll to exchange their Vicarage of Berkeley, in the County of Gloucester, with
George Lord Berkeley, for the Rectory of St. Michaell, in Sutton Bonnington, in the County of Nottingham."
"An Act for transferring the Interest of a Term of
Years in certain Manors and Lands late of Sir Robert
Berkeley Knight, deceased, and Payment of Portions
appointed to his Grandchildren."
"An Act to enable the Trustees of Sir William
Hanham Baronet, deceased, to sell Lands, to pay his
Debts, according to his own Direction in his Lifetime; and for Management of the Estate of Sir
John Hanham, an Infant, during his Minority."
"An Act for confirming Agreements made between
Sir Ralph Bankes, Sir John Hanham Baronet, Ellis
Bethell, Thomas Mackrell, Richard Worland, and John
Edwards, by their Guardians and divers other Persons."
"An Act to confirm Articles of Agreement made
upon the Marriage of Sir William Rich Baronet."
"An Act for confirming of an Award made by Sir
Orlando Bridgman Knight and Baronet, late Lord
Keeper of the Great Seal of England, for the ending
of all Differences in the Family of Sir Thomas Wolrych
Knight and Baronet, deceased; and to enable John
Wolrych Esquire and his Heirs to execute the Powers in
the said Award mentioned."
Hitherto examined by us,
Dorsett.
J. Bridgewater.
Dover.
Craven.
Stafford.
Edw. Carliol.
Holles.
"An Act for enabling Robert Bellamy to sell Lands,
for Payment of his Debts."
"An Act for explaining and declaring the Extent of
an Exception in a Deed therein named."
"An Act for the naturalizing of Phillip Lloyd Gentleman."
To these Bills the Royal Assent was pronounced in
these Words,
"Soit fait come il est desiré."
After this, His Majesty was pleased to make a short
Speech, to this Effect:
King's Speech.
"My Lords and Gentlemen,
"I thank you very kindly for the Supply you have
given Me; and, that you may see how kindly I take
it, I have given to My Subjects a General Pardon,
which I have made as large as ever was granted by
any of My Predecessors. What you have now left
undone, I hope you will finish at your next Meeting;
and so you may adjourn yourselves to the Twentieth
Day of October next."
Then His Majesty was pleased to withdraw.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 20um diem
Octobris proxime sequentis, hora decima Aurora, Dominis sic decernentibus.