DIE Martis, 23 die Junii.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Cant.
Arch. Yorke.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Cov. & Litch.
Epus. Chichester.
Epus. Bangor.
Epus. Peterborough.
Epus. Lyncolne.
Epus. Exon.
Epus. Worcester.
Epus. Landaff.
Epus. St. Asaph.
Epus. Ely.
Epus. Carlile.
Epus. Bristol.
Epus. Rochester.
Epus. Bath & Wells. |
L. Keeper.
L. Treasurer.
L. President.
L. Privy Seal.
Duke of Norff. E. Marshal.
L. Steward.
Duke Bucks.
L. Great Chamberlain.
Comes Oxon.
Comes Kent.
Comes Rutland.
Comes Huntingdon.
Comes Bedford.
Comes Bridgewater.
Comes Devon.
Comes Clare.
Comes Westmerland.
Comes Manchester.
Comes Mulgrave.
Comes Rivers.
Comes Carnarvon.
Comes Chesterfeild.
Comes Thannet.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Shaftesbury.
Comes Danby.
Comes Macclesfeld.
Comes Radnor.
Comes Yarmouth.
Comes Berkeley.
Comes Nottingham.
Comes Plymouth.
Vicecomes Fauconberg.
Vicecomes Mordant.
Vicecomes Newport.
Vicecomes Townsend.
Vicecomes Weymouth.
Vicecomes Hatton. |
Ds. Morley.
Ds. Ferrers.
Ds. Grey.
Ds. Conyers.
Ds. Cromwell.
Ds. Eure.
Ds. Paget.
Ds. North.
Ds. Maynard.
Ds. Howard Esc.
Ds. Jermyn.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Cornwallis.
Ds. Crewe.
Ds. Butler de West.
Ds. Ossulston.
Ds. Godolphin.
Ds. Jefferyes. |
PRAYERS.
Bangor Cathedral Bill.
Hodie 2a
vice lecta est Billa, "An Act for the Repair
of the Cathedral Church of Bangor, and for the
Maintenance of the Choir there; and for the Augmentation of the Revenue of the Bishopric of Bangor;
and also of an Augmentation of several Vicarages."
ORDERED, That the Consideration of this Bill is committed to these Lords following:
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L. Privy Seal.
Comes Rutland.
Comes Huntingdon.
Comes Bridgewater.
Comes Carnarvon.
Comes Rivers.
Comes Chesterfeild.
Comes Anglesey.
Comes Craven.
Comes Aylesbury.
Comes Shaftesbury.
Comes Danby.
Comes Radnor.
Comes Nottingham.
Comes Plymouth. |
Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Chichester.
Epus. Peterborough.
Epus. Exon.
Epus. Worcester.
Epus. Landaff.
Epus. St. Asaph.
Epus. Ely.
Epus. Carlile.
Epus. Rochester.
Epus. Bath & Wells. |
Ds. Paget.
Ds. North.
Ds. Howard.
Ds. Lucas.
Ds. Crewe.
Ds. Butler W.
Ds. Ossulston.
Ds. Jefferyes. |
Their Lordships, or any Five of them; to meet
at Four of the Clock in the Afternoon, To-morrow, in the Lord Keeper's Lodgings; and to
adjourn as they please.
Message from H. C. with a Bill.
A Message was brought from the House of Commons, by Sir Thomas Clarges and others:
Who brought up a Bill, passed by the Commons, intituled, "An Act for erecting a new Parish, to be
called the Parish of S't James, within the Liberty
of Westminster;" to which their Lordships Concurrence is desired.
ORDERED, That this Bill be read the First Time on
Thursday Morning next.
Sir Oliver Butler versus Regem, &c.
Upon reading the Petition of Sir Oliver Butler Baronet; praying, "That the Judges may deliver their
Opinions in his Case, upon the Writ of Error, on a
Day for that Purpose to be appointed:"
It is ORDERED, That the Judges do give their Opinions thereupon, in this House, on Friday the 26th of
June Instant, at Ten of the Clock in the Forenoon.
Eyre versus Eyre.
After hearing Counsel this Day, in the Cause wherein Thomas Eyre of Hassop Esquire and others are Plaintiffs, against the Queen Dowager and Her Trustees, and
His Majesty's Attorney of the Dutchy, and Thomas
Eyre and others, Relators, are Defendants:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear
Counsel further in the said Cause on Thursday next, at
Nine of the Clock, the First Business.
Committees adjourned.
ORDERED, That such Committees as were appointed
to sit this Afternoon are to sit To-morrow in the
Afternoon, at Four of the Clock.
Report concerning the Title of Earl of Banbury.
The Earl of Aylesbury reported, from the Committee
of Privileges, "That their Lordships have read the Petition of the Person that claimeth the Title of Earl
of Banbury, referred by the House to them, to examine all former Proceedings of the House relating to
that Case.
"That their Lordships find, that, 13° Julii 1660, it
was moved, that there being a Person that now sits
in the House as a Peer, who, it is conceived, hath
no Title to be a Peer, videlicet, the Earl of Banbury;
it was ordered, That this Business should be heard, by
Counsel at the Bar, on Monday Sevennight following.
"That, 6° Junii 1661, the House referred to the
Committee for Privileges, to hear Counsel upon a
Petition of Nicholas Earl of Banbury; whereby he
prayeth a Writ of Summons to this Parliament as
Earl of Banbury, and to enjoy all the Precedencies
and-Privileges thereunto belonging, granted by His
Majesty's Letters Patents to the last Earl of Banbury;
which Petition was directed to His Majesty, and by
His Majesty's Order delivered to the House to consider of.
"That, 15° Junii 1661, the Earl of Banbury desiring Witnesses might be examined at the Committee
for Privileges on his Behalf; the House gave the said
Committee Power to send for Witnesses.
"That, Junii 1661, the Report from the said
Committee, concerning the Earl of Banbury, was appointed to be made on the 28th of the same Month.
"That, 1° Julii 1661, the House, upon Report from
the said Committee concerning the Earl of Banburie's
Petition, ordered that the Cause should be heard, by
Counsel at the Bar, on the 8th of the same Month;
and that Mr. Attorney should be likewise heard on
the King's Behalf.
"That, 8° Julii 1661, the House ordered that the
Earl of Banburie's Cause should be heard on the
Ninth.
"That, 9° Julii 1661, the Cause was heard upon the
said Earl's Petition; as also Mr. Attorney, &c. were
heard on the King's Behalf; but the Consideration
thereof was put off till the Tenth.
"That, 10° Julii 1661, the Matter in Debate concerning the Earl of Banbury was referred to the Consideration of the Committee for Privileges; and also
the Matter of the Right of Precedency between the
said Earl and several Peers of the Realm.
"That, 19° Julii 1661, the Committee reported as
their Opinion, That the Earl of Banbury is, in the
Eye of the Law, Son of the late William Earl of
Banbury; and that the House should advise the King
to summon him to Parliament.
"That the said Earl of Banbury ought to have Place
in the House of Peers according to the Date of his
Patent, and not according to the Tenor of that Part
thereof which ranks him before other Earls created
before William Earl of Banbury.
"That, 25° Julii 1661, the House appointed to take
into Consideration the Report from the Committee of
the Earl of Banburie's Business on the Second Thursday after the next Meeting of the House after the
Adjournment.
"That, 28° Novembris 1661, the House, after debating the Report concerning the Earl of Banbury
formerly made to the House, put off the Consideration thereof to the Monday Sevennight following.
"That, 9° Decembris 1661, a Bill was Once read,
intituled, "An Act declaring Nicholas called Earl of
Banbury to be illegitimate."
"That, 26° Octobris 1669, Notice being taken, upon
calling the House, that the Earl of Banburie's Name
is not in the List by which the Lords were called; it
was referred to the Committee for Privileges, to examine why the said Earl's Name is left out of the said
List, he having formerly sat as a Peer in the House.
"That, 23° Februarii 1669, the House, upon reading a Petition of Nicholas Earl of Banbury, whereby
he prays that he might receive a Writ of Summons to
Parliament, referred it to the Committee for Privileges,
to consider thereof, and to report their Opinion to the
House."
Claim to the Title of Earl of Banbury to be heard.
Upon Report from the Committee for Privileges,
of the State of Proceedings in the Journals of this
House, in the Business referred to them concerning the
Claim of a Person to the Title of Earl of Banbury:
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That this House will hear His
Majesty's Attorney General, on His Majesty's Behalf,
against the said Claim, as also Counsel for the Person
who claims the said Title of Earl of Banbury, on Monday the 6th of July next, at Ten of the Clock in the
Forenoon.
Fountaine and Coke versus Guavas.
The Earl of Aylesbury reported, from the Committee
for Petitions, "That their Lordships have heard the
Counsel of Mr. Fountaine and Mr. Coke, upon their
Petitions referred to them by the House; as also the
Counsel of Mr. Guavas; and that they find that no
Bill of Review hath been brought by the said Mr.
Fountaine in the Court of Exchequer, where the Decree complained of was made; but their Lordships
find it questionable, whether a Bill of Review doth
lye in this Case, or not, by Reason of the Difficulty
of distinguishing whether the Error be in Law or
in Fact; but if the House shall think fit, upon hearing Counsel on that Point, to hear the Cause, that
then the House will be pleased to order Mr. Guavas
to produce, at Mr. Bows's Chamber, upon Oath,
all Letters, Vouchers, and Papers, he hath, that may
be of Use to Mr. Coke in defending the Decree complained of; to the End Copies may be taken by the
said Mr. Coke, he being most fit to be a Party."
Upon Report from the Committee for Petitions, to
whom was referred the Consideration of the Petitions
of Andrew Fountaine and Edward Coke Esquire, "That
they find no Bill of Review hath been brought by
Fountaine in the Exchequer, and do question whether
a Bill of Review lyes in this Case; and that Mr.
Guavas may be ordered to produce, at Mr. Bows's
Chamber, upon Oath, all Letters, Vouchers, and
Papers he hath, that may be of Use to Mr. Coke, in
defending the Decree complained of; to the End Copies may be taken by the said Mr. Coke, he being most
fit to be a Party:"
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the said Mr. Coke be, and
is hereby, made a Party, by his Guardian; and that
Mr. Guavas be, and is hereby, required to deliver in
to the Clerk of the Parliaments all such Letters, Vouchers, and Papers as he hath, that may be of Use to Mr.
Coke, or have been made Use of in the said Cause in
the Courts below; to the End he may have Copies
thereof, in order to their putting in their several and
respective Answers to the Appeal of the said Andrew
Fountaine, which they the said Edward Coke and William
Guavas be, and are hereby, required to do on Saturday
next, at Ten of the Clock in the Forenoon.
Warcup versus Rowney.
Upon hearing Counsel this Day at the Bar, upon the
Petition of Edmond Warcup Esquire (now Sir Edmond
Warcup Knight), being an Appeal from a Decree made
the 25th of February 1675, in the Court of Chancery,
concerning the Manor of Northmore in the County of
Oxford, being the Lands of Edward Twiford Gentleman,
deceased; and from the Dismission of his Bill of Review
brought against Thomas Rowney, Executor of the said
Edward Twiford, concerning the same Matters; as also
upon the Answer of Thomas Rowney, put in thereunto:
After due Consideration had of what was offered by
Counsel on either Part thereupon, it is ORDERED and
Adjudged, by the Lords Spiritual and Temporal in
Parliament assembled, That the said Petition and Appeal
of Edmond Warcup Esquire be, and is hereby, dismissed
this House; and that the Decree or Judgement from
which he appealed be, and is hereby, affirmed: And
it is further ORDERED, That the said Edmond Warcup
(now Sir Edmond Warcup Knight,) do pay or cause to
be paid, unto the said Thomas Rowney, the Sum of
Twenty Pounds of good and lawful Money, for his
Costs and Charges in defending the said Appeal in this
House.
Buckeridge versus Regem, in Error.
Upon reading the Petition of Joice Buckridge; praying, "That a Day may be appointed for arguing a
Writ of Error, wherein Buckridge is Plaintiff, and
our Sovereign Lord the King Defendant:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Attorney General do join Issue in the said Writ of Error; and
that this House will hear the said Errors argued, by
Counsel, at the Bar, on Wednesday the Eighth of July
next, at Ten of the Clock in the Forenoon; whereof
the said Joice Buckridge is to cause timely Notice to be
given to His Majesty's Attorney General for that Purpose.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem Jovis,
videlicet, 25um diem instantis Junii, hora nona Aurora,
Dominis sic decernentibus.