House of Lords Journal Volume 14
17 November 1685

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 14: 17 November 1685', Journal of the House of Lords: volume 14: 1685-1691 (1767-1830), pp. 84-85. URL: http://british-history.ac.uk/report.aspx?compid=12968 Date accessed: 21 November 2014.


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DIE Martis, 17 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Yorke.
Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Sarum.
Epus. Norwich.
Epus. Lyncolne.
Epus. Oxon.
Epus. Exon.
Epus. St. Asaph.
Epus. Ely.
Epus. Rochester.
Epus. Bath & Wells.
Epus. Chichester.
Epus. Peterborow.
L. Chancellor.
L. Treasurer.
L. Privy Seal.
L. Steward.
Duke of Somerset.
Duke of Grafton.
Duke of Beaufort.
Marq. Hallyfax.
L. Chamberlain.
E. of Oxon.
E. of Shrewsbury.
E. of Kent.
E. of Derby.
E. of Huntingdon.
E. of Bedford.
E. of Bridgewater.
E. of Devon.
E. of Bristol.
E. of Clare.
E. of Westmerland.
E. of Manchester.
E. of Rivers.
E. of Peterborow.
E. of Winchilsea.
E. of Carnarvon.
E. of Strafford.
E. of Sunderland.
E. of Scarsdale.
E. of Anglesey.
E. of Carlile.
E. of Craven.
E. of Ayle'bury.
E. of Burlington.
E. of Litchfeild.
E. of Danby.
E. of Feversham.
E. of Radnor.
E. of Yarmouth.
E. of Nottingham.
E. of Abingdon.
E. of Gainesborow.
E. of Plymouth.
Vicecomes Fauconberg.
Vicecomes Newport.
Vicecomes Weymouth.
Vicecomes Hatton.
Ds. Ferrers.
Ds. De Grey.
Ds. Conyers.
Ds. Cromwell.
Ds. Eure.
Ds. Paget.
Ds. North.
Ds. Lovelace.
Ds. Maynard.
Ds. Coventry.
Ds. Jermin.
Ds. Ward.
Ds. Colepeper.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Crewe.
Ds. Arundell de Trerice.
Ds. Butler de Weston.
Ds. Lumley.
Ds. Ossulston.
Ds. Dartmouth.
Ds. Godolphin.
Ds. Churchill.

PRAYERS.

Report concerning the Title of Lord de Grey of Ruthin.

The Lord Privy Seal reported, "That the Lords Committees for Privileges to whom was referred to consider of what Proceedings have been formerly in the House concerning the Title of Lord Grey of Ruthin, have perused the Proceedings in 1640 concerning the said Title; and have ordered him to report, That it is the Opinion of the Committee, that the Lord De Grey is rightly summoned to Parliament, as lineally descended from Reginauld Lord De Grey, who was summoned in Edward the Third's Time by the Title of Lord De Grey of Rutbin."

The Question being put, "Whether to agree to the Opinion of the Committee?"

It was Resolved in the Affirmative.

Awbrey versus Bradnox, in Error.

This Day was brought in a Writ of Error, wherein Awbrey is Plaintiff, and Brodnox is Defendant.

Coke versus Fountaine, Cross Appeal.

Upon reading the Petition and Appeal of Edward Coke Esquire, an Infant, by the Lady Anne Coke his Mother and Guardian, from a Decree made in the Court of Exchequer, and several other Things in the said Petition set forth; and praying, "That Andrew Fountaine and William Guavas may put in their Answers hereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Andrew Fountaine and William Guavas may have a Copy of the said Appeal; and be, and are hereby, required to put in their Answer, or respective Answers thereunto in Writing, at the Bar of this House, on Thursday the 26th of November Instant, at Ten of the Clock in the Forenoon; whereof the Petitioner or his Agent is to cause Notice to be given to the said Andrew Fountaine and William Guavas, to the End they answer accordingly.

E. Stamford brought to the Bar;

This Day being appointed for the Earl of Stamford to be brought to the Bar; the Proceedings and Indictment found against him at Hix' Hall, London, for High Treason, and returned hither by virtue of His Majesty's Writ of Certiorari, were read.

His Lordship's Petition was also read.

Then he was brought to the Bar, by the Lieutenant of The Tower and the Gentleman Usher of this House.

And kneeling until he was bid to stand up, by the Lord Chancellor; the Lord Chancellor asked him, "What he had to say to the House?"

He said, "he desired to hear his Charge."

Being then asked, "if he had any Thing more to say?"

He said, "he hath been straitly confined by Sixteen Weeks Imprisonment; and was not allowed the Liberty of Pen, Ink, or Paper, nor Friends to come to him; and knows not what more to say, till he knows his Charge."

He withdraws.

Mr. Attorney General was asked, "how soon he could be ready for his Trial?"

He answered, By this Day Sevennight; or sooner, if their Lordships please."

to have Pen, Ink, and Paper.

Being called in again, the Lord Chancellor acquainted him, "That the House had given Order that he should have Liberty of Pen, Ink, and Paper, and Friends to come to him: That the House hath appointed this Day Sevennight for his Trial; and if he cannot be so soon ready, the House will consider fur ther of it."

The Earl of Stamford said, "He knew not what to say, not knowing his Crime; and he hopes the House will be as kind to him as they have been to other Lords."

He withdraws.

Trial appointed.

The House ordered the Trial to be, in Westminster Hall, on the First Day of December; and that he be called in, and told so by the Lord Chancellor.

The Earl of Stamford was again brought to the Bar as before.

The Lord Chancellor told him, "That he should be tried in Westminster Hall on the First Day of December."

The Earl of Stamford said, "How can it be thought possible for me to prepare for my Trial, when I know not what I am accused of?"

The Lord Chancellor said to him, "My Lord, in your Petition, you say you are committed for High Treason."

Then the Earl of Stamford desired a Copy of the Indictment; and offered a Record, which was laid upon the Table, but not read. And so he withdrew.

Then the House made these following Orders:

Order for E. Stamford's Trial.

"ORDERED, That the Lieutenant of His Majesty's Tower of London do carry back Thomas Earl of Stamford to the said Tower of London, there to remain in safe Custody: And it is further ORDERED, That the said Earl of Stamford shall, during his Imprisonment there, have the Use of Pen, Ink, and Paper, and likewise the Liberty of Friends to come to his Lordship, in order to his Trial; which Trial their Lordships have ordered shall be in Westminster Hall, on Tuesday the First Day of December next, at Ten of the Clock in the Forenoon."

Address for High Steward; and for Westm. Hall to be prepared.

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves now present do attend His Majesty from this House, humbly to desire His Majesty, in the Behalf of this House, That a Place may be prepared in Westminster Hall, wherein the House may sit for the Trial of the Earl of Stamford; and also humbly to desire His Majesty to give Order for a Commission for a Lord High Steward, in order to the Trial of the said Earl of Stamford."

Smith versus Coleby.

The Petition and Appeal of Alexander Smith against Coleby was heard by Counsel on both Sides; and the Report of what the Counsel said at the Bar to be made To-morrow Morning.

Adjourn.

Dominus Cancellarins declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 18um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.