DIE Jovis, 5 Junii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Cant.
Arch. Ebor.
Epus. Londin.
Epus. Wigorn.
Epus. Roffen.
Epus. Exon.
Epus. Sarum.
Epus. Bangor.
Epus. Norwic.
Epus. Gloucestr.
Epus. Bristoll.
Epus. St. Asaph.
Epus. Lincolne.
Epus. Cicestr.
Epus. Oxon. |
Ds. Custos Magni Sigilli.
Dux Devon, Senescallus.
Dux Somersett.
Dux Bolton.
Dux Sconberge.
March. Normanby.
Comes Lindsey, Magnus Camerarius.
Comes Jersey, Camerarius.
Comes Oxon.
Comes Kent.
Comes Stamford.
Comes Winchelsea.
Comes Scarsdale.
Comes Essex.
Comes Carlisle.
Comes Shaftsbury.
Comes Maclesfeld.
Comes Radnor.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Plymouth.
Comes Portland.
Comes Marlborough.
Comes Scarborough.
Comes Warrington.
Comes Bradford.
Comes Romney.
Comes Rochford.
Comes Albemarle.
Comes Orford.
Comes Grantham.
L. Viscount Say & Seale.
L. Viscount Townshend.
L. Viscount Weymouth. |
Ds. Berg'venny.
Ds. Wharton.
Ds. North & Grey.
Ds. Chandos.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Howard Esc.
Ds. Mohun.
Ds. Jermyn.
Ds. Vaughan.
Ds. Colepeper.
Ds. Rockingham.
Ds. Lexington.
Ds. Dartmouth.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Weston.
Ds. Haversham.
Ds. Sommers.
Ds. Hallifax. |
PRAYERS.
Bp. of Bristol takes the Oaths.
This Day John Lord Bishop of Bristol took the
Oaths, and made and subscribed the Declaration, pursuant to the Statute.
St. Martin's Ground, Bill.
The Lord Lawarr reported from the Lords Committees, the Bill, intituled, "An Act for the better
improving a certain Piece of Ground, in the Parish of
St. Martin's in the Fields, and for other the Purposes
therein mentioned," as fit to pass, without any
Amendment.
Hodie 3a
vice lecta est Billa, intituled, "An Act
for the better improving a certain Piece of Ground,
in the Parish of St. Martin's in the Fields, and for
other the Purposes therein mentioned."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
ORDERED, That the Commons have Notice, that
the Lords have agreed to the said Bill, without any
Amendment.
Assay-masters, &c. in York, &c. Bill.
The Lord Guilford reported from the Lords Committees, the Bill, intituled, "An Act for appointing Wardens and Assay-masters, for assaying Wrought Plate,
in the Cities of York, Exeter, Bristol, Chester, and
Norwich," as fit to pass, without any Amendment.
Hodie 3a
vice lecta est Billa, intituled, "An Act
for appointing Wardens and Assay-masters, for assaying Wrought Plate, in the Cities of York, Exeter,
Bristol, Chester, and Norwich."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
ORDERED, That the Commons have Notice, that
the Lords have agreed to the said Bill, without any
Amendment.
Message from H. C. concerning the one from the Lords about the Impeachments depending:
A Message was brought from the House of Commons,
by Mr. Harcourt and others:
To acquaint this House, "That the Commons, on
Consideration of your Lordships Message to them, of
the One and Thirtieth of May, concerning the Earl
of Orford, think it their undoubted Right, when
several Persons stand impeached before your Lordships, to bring to Trial such of them, in the First
Place, as the Commons apprehend, from the Nature
of the Evidence, ought first to be proceeded against;
to the Intent, all such Offenders may, in due Time,
be brought to Justice; and that no Day ought to be
appointed by your Lordships, for the Trial of any
Impeachment by the Commons, without some previous Signification to your Lordships from the Commons, of their being ready to proceed thereon.
"The Commons could not receive this Message from
your Lordships without the greatest Surprize; your
Lordships Proceedings in this Case being neither
warranted by Precedents, nor (as the Commons conceive) consistent with the Methods of Justice or with
Reason: Wherefore the Commons cannot agree to the
Day appointed by your Lordships for the Trial of
the Earl of Orford.
"As to your Lordships Message at the same Time,
relating to the Earl of Portland and Charles Lord
Halifax; the Commons take the same to be without Precedent, and unparliamentary; and conceive your Lordships frequent Repetition thereof, in so short a Time,
after the Commons had transmitted to your Lordships
their Articles against Two of the impeached Lords,
and were daily preparing their Articles against the
others, manifestly tends to the Delay of Justice, in
obstructing the Trials of the impeached Lords, by
introducing Disputes, in Breach of that good Correspondence between the Two Houses, which ought
inviolably to be preserved."
Committee of Impeachments to consider of it.
Upon receiving a Message from the House of Commons, in Answer to a Message sent to them by this
House the One and Thirtieth of May last:
It is ORDERED, That the Lords Committees appointed to consider of the Manner of Proceedings on Impeachments do meet To-morrow, at Nine of the Clock
in the Forenoon, to consider the said Message, inspect
the Journals, and report to the House what they shall
think proper in this Case.
Grosvenor versus Coy.
After due Consideration of what was offered by
Counsel, the Two and Twentieth Day of May last, upon
the Petition and Appeal of John Grosvenor, from a Decree of Dismission made in the Court of Chancery, the
Eighteenth Day of March One Thousand Seven Hundred, on the Behalf of Colonel John Coy; as also
upon the Answer of the said Colonel John Coy put in
thereunto:
It is this Day ORDERED and Adjudged, by the Lords
Spiritual and Temporal in Parliament assembled, That
the said Petition and Appeal of John Grosvenor shall be,
and is hereby, dismissed; and that the Decree therein
complained of shall be, and is hereby, affirmed.
Glynn versus Quick.
The Lord Chief Justice of His Majesty's Court of
King's Bench brought up a Writ of Error, wherein
William Glynn is Plaintiff, and Alexander Quick Defendant; and made his Obeisances in the usual Manner.
L. Fitzwilliams versus Sir C. Barrington's Bill.
Upon reading the Petition of William Lord Fitzwilliams; praying to be heard, against a Bill now depending
in this House, intituled, "An Act to enable Sir Charles
Barrington Baronet to settle a Jointure, and make
Provision for his Younger Children:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of
William Lord Fitzwilliams shall be, and is hereby,
rejected.
Badger versus Lloyd, in Error:
Whereas, by virtue of His Majesty's Writ of Error,
returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was
brought into this House the Nineteenth Day of March
last, wherein Judgement is entered, for John Badger,
against Thomas Lloyd, with the Affirmance thereof
in the Exchequer Chamber:
After Consideration had of what was offered by
Counsel on either Part thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and
Temporal in Parliament assembled, That the said Judgement, given for John Badger against Thomas Lloyd, shall
be, and is hereby, affirmed; and that the said Writ of
Error and the Transcript thereof be remitted to the
Court of King's Bench, to the End the said (fn. *)
John Badger may have Execution of the said Judgement, as if
no such Writ of Error had been brought into this
House.
The Tenor of which Judgement, to be affixed to
the Record to be remitted, followeth; (videlicet,)
Judgement affirmed.
"Et postea, scilicet, Vicesimo Sexto Die Martii
Anno Regni dicti Domini Regis nunc Decimo Tertio,
Transcript. Record. & Process. præd. inter Partes
præd. de Placitis præd. cum omnibus ea tangen. Prætextu cujusdam Brevis dicti Domini Regis de Error.
corrigend. per præfat. Thomas Lloyd in Præmiss.
prosecut. dicto (fn. †) Domino Regi in præsenti Parliamento apud Westmonaster. prædict. a prædict. Cur.
dicti Domini Regis hic, coram ipso Rege, transmiss.
fuit; prædictusque Thomas Lloyd, in eadem Cur.
Parliamenti comparens, diversas Materias huic Transscript. annexat. & Errores, pro Revocatione & Adnullatione Judicii præd. assignavit; ad quod præd.
Joh'es Badger, in eadem Cur. Parliamenti, scilicet,
comparens, placitavit, quod nec in Record. & Process.
præd. nec in Redditione & Affirmatione Judicii præd.
in (fn. ‡) nullo est Erratum: Super quo, Dies dat. est præfat.
Joh'i Badger in Cur. Parliament. præd. ad audiend.
Errores in Record. & Process. præd. assignat. usque
Quintum Diem Junii, Anno Regni dicti Domini Regis nunc Decimo Tertio supradict.; idem Dies dat.
est præfat. Thomæ Lloyd: Postmodumque, ad eundem
Quintum Diem Junii, Anno Decimo Tertio supradict. in eadem Cur. Parliamenti apud Westmonaster.
præd. ven. Partes præd.; super quo, in & per Cur.
Parliament. præd. diligenter examinat. & plenius intellect. tam Record. & Process. præd. ac Judic. &
Affirmation. inde super eisdem reddit. quam præd.
Causis pro Error. per præfat. Thom. assignat. & allegat. videbatur eidem Cur. Parliament. præd. quod
Record. illud in nullo vitiosum aut defectivum existit,
ac quod Record. illud in nullo est Errat.: Ideo per
eandem Cur. Parliamenti præd. considerat. est, quod
Judicium prædict. in prædicta Curia dicti Domini Regis
coram ipso Rege reddit. necnon Affirmatio ejusdem
Judicii in (fn. ||) Camera Scaccarii dicti Domini Regis in
omnibus (fn. ‡) affirmetur, & in omni suo Robore starent
& Effectu; dictis Causis & Materiis pro Error. per præfat. Thom. assignat. & allegat. in aliquo non obstantibus; et quod Record. præd. nec non Process. præd. a
Cur. Parliamenti præd. præd. Quinto Die Junii remittantur; & quod præd. Joh'es Badger haberet inde
separales Executiones suas versus præfat. Thomam, juxta
Form. & Effect. Judicii præd. in præd. Cur. dicti
Domini Regis coram ipso Rege reddit. necnon Affirmation. ejusdem Judicii præd. in (fn. ||) Camera Scaccarii dict. Domini Regis; dict. Breve de Error.
& Processu super inde in dict. Cur. Parliament. prius
habit. in aliquo non obstant.; ac super inde Record. &
Process. præd. Cur. dicti Domini Regis per Cur.
Parliamenti præd. coram dict. Domino Rege, ubicunque &c. remittentur in eadem Cur. dicti Domini
Regis coram ipso Rege jam residen. &c."
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, (videlicet,) sextum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.
Sabbati, 28° Die Junii, 1701, Hitherto examined by us,
Warrington.
Colepeper.
Jeffreys.