DIE Jovis, 13 die Decembris.
PRAYERS, by Dr. Hodges.
Domini præsentes fuerunt:
|D. of Yorke.
D. of Cumberland.
|| Ds. Cancellarius.
D. of Bucks.
D. of Albemarle.
D. of Richmond.
Comes St. Albans.
Viscount Say & Seale.
Ds. Howard of Esc.
Ds. Howard of Charlt.
Ds. Berkeley of Berkley.
Ds. (fn. *)
Herbert of Cherb.
Ds. De la Warr.
Ds. Gerard of Brandon.
Ds. Berkley of Stratton.
Sir Edw. Gostwick's Bill.
vice lecta est Billa, "An Act for raising
Portions and Maintenance for the younger Children
of Sir Edw. Gostwicke."
ORDERED, That the Consideration of this Bill is referred to the Committee as is for the Earl of Huntingdon's Bill; and to meet To-morrow in the Afternoon.
And Justice Browne is to assist their Lordships.
Boreel's Nat. Bill.
The Bill for naturalizing Mr. Boreel, was reported as
fit to pass as it is; therefore it is ORDERED, That it be
Message from H. C. with a Bill.
A Message was brought from the House of Commons, by Mr. Knightley, &c.; who brought up a Bill
for making the Precinct of Covent Garden Parochial,
wherein their Lordships Concurrence is desired.
Bill for vacating Sir E. Powell's Fines.
vice lecta est Billa, "An Act to vacate certain Fines unduly procured to be levied by Sir Edward
Powell Knight and Baronet, and Dame Mary his
The Question being put, "Whether this Bill pass
for a Law?"
It was Resolved in the Affirmative.
Protest against it.
"Whereas, before the Question was put upon the
Act, intituled, "An Act to vacate certain Fines, unduly procured to be levied, by Sir Edward Powell
Knight and Baronet, and Dame Mary his Wife,"
Leave was desired for entering of Protestations, in
the Behalf of the Lords here under written, in case
the Vote upon the said Act should be carried in the
Affirmative: We, in Pursuance thereof, do enter our
Protest against the said Act, for these Reasons following; videlicet, That Fines are the Foundations of the
Assurances of the Realm, upon which so many Titles
do depend, and therefore ought not to be shaken;
nor hath there any Precedent occurred to us, wherein
any Fines have been vacated, by Judgement or Act
of Parliament, or otherwise, without Consent of the
Parties; the Eye of the Law looking upon Fines as
Things always transacted by Consent, and with that
Reverence, that no Averment whatsoever shall be
against them when they are perfected. And further
we conceive, that by a future Law to vacate Assurances which are good by the Standing Law is unreasonable, and of dangerous Consequence; especially
in this Case, where Skynner and Chute, Purchasers of
a considerable Part of the Lands comprized in the
said Fines, have petitioned, and yet have not been
heard upon the Merits of their Cause, which is contrary, as we conceive, to the Statute of 28 Ed. III.
Ch. 3. which faith, "No Man shall be put out of
his Land or Tenement, nor disherited, without being
brought to answer by due Process of Law."
"Edw. Hyde, C.
Ch. Richmond & Lenos.
W. Say & Seale.
Chr. Hatton. Brudenell."
Message to H. C. with the Bill.
A Message was sent to the House of Commons, by
Doctor Childe and Doctor Bird:
To deliver to them the Bill to vacate certain Fines,
unduly procured to be levied, by Sir Edw. Powell and
Dame Mary his Wife; and to desire their Concurrence
Bill to attaint the Murderers of the late King.
ORDERED, That the Bill of Attainder of the Murder
of the late King shall be taken into further Consideration To-morrow Morning.
Committees to meet.
ORDERED, That all Committees that are sine Die
shall be revived, and meet To-morrow Morning, and
adjourn from Time to Time.
House adjourned till 10a cras, Aurora.