DIE Martis, 29 die Novembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Cant.
Arch. Yorke.
Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Ely.
Epus. Worcester.
Epus. Chichester.
Epus. St. Asaph.
Epus. St. David's.
Epus. Lyncolne.
Epus. Gloucester.
Epus. Chester.
Epus. Exon.
Epus. Sarum.
Epus. Oxon. |
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Marq. Winton.
Marq. Dorchester.
L. Great Chamberlain.
L. Steward.
L. Chamberlain.
Comes Lyncolne.
Comes Suffolke.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Midd.
Comes Bolingbrooke.
Comes Berks.
Comes Cleveland.
Comes Rivers.
Comes Newport.
Comes Chesterfeild.
Comes Thannett.
Comes Portland.
Comes Scarsdale.
Comes St. Albans.
Comes Anglesey.
Comes Bath.
Viscount Hereford.
Viscount Say et Seale.
Viscount de Stafford. |
Ds. Awdley.
Ds. Delaware.
Ds. Berkley de Berkley.
Ds. Morley.
Ds. Wentworth.
Ds. Eure.
Ds. Wharton.
Ds. Chandos.
Ds. Hunsdon.
Ds. Arundell.
Ds. Howard de Char'lt.
Ds. Grey.
Ds. Craven.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Bruce.
Ds. Newport.
Ds. Loughborough.
Ds. Colepeper.
Ds. Clifford.
Ds. Lucas.
Ds. Bellasis.
Ds. Langdale.
Ds. Townsend.
Ds. Ashley.
Ds. Crewe. |
PRAYERS.
The Lord Chief Justice of the Common Pleas sat
Speaker this Day.
Hubbard, committed for Contempt of the Order to reinstate Aldus, L. Hereford's Chaplain, to the Church of St. Peter's Ipswich, to be released.
Whereas Joseph Hubbard, of Ipswich, in the County
of Suffolke, stands committed to the Serjeant at Arms
attending this House, for slighting, and refusing to give
Obedience to, an Order made for putting Samuell Aldus
Clerk, domestic Chaplain to the Lord Viscount Hereford, into such Possession of the Church of St. Peter's
in Ipswich, (being his Lordship's Donative) as the said
Chaplain was put out of by the said Joseph Hubbard
and others (during the Sitting of Parliament) contrary to
the Privilege of Parliament:
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, upon the humble Petition and
Submission of the said Joseph Hubbard, and at the particular Instance of the Lord Viscount Hereford on his
Behalf, That the said Joseph Hubbard shall be brought
to the Bar on Thursday next, and receive the Reprehension of this House for his said Offence, and thereupon
be discharged from his present Restraint, paying his Fees:
And this to be a sufficient Warrant in that Behalf.
Robert's Order for a Hearing in Chancery amended.
The Question being put, "Whether these Words
["as it shall appear to him to be on either
Part, notwithstanding there be not any Precedent in the Case"] shall be added to the
Order made Yesterday, in the Case of Robert
Robertes Esquire, and his Wife and Son?"
It was Resolved in the Affirmative.
Protest against it.
"Against which Vote, the Lord following doth
protest and dissent (having Liberty of the House so
to do before the Question was put), for that he is
not satisfied to give Directions how the Chancery
should adjudge a Cause, the Merits whereof this
House never heard at the Bar, and, which, he conceives, is not legally before this House; for that the
former Transactions and Proceedings which this House
made therein, and all Debates, Votes, and Resolutions thereupon, are determined with a former Session
of Parliament, and so totally shut out of Doors, as
if it had never been entertained by this House; and
for that the said Vote seems to enlarge the Bounds of
the Chancery, which is by this Vote directed to make
a Decree; though there hath been no Precedent in
the Case, especially where the Will of the Dead may
be overthrown, Infants decreed out of a legal Estate,
and Provision made by the Testator to pay honest
Debts defeated and avoided."
"Mohun."
Order for the L. Chancellor to proceed in the Cause, Roberts versus Wynn, in Chancery.
In the Case upon the Petition of Mr. Roberts, and his
Wife, and Son, against Thomas Wynne and others:
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That Directions be given by
this House to the Lord Chancellor of England, that he
proceed to make a speedy Decree in the High Court of
Chancery in this Case, according to Equity and Justice,
as it shall appear to him to be on either Part, notwithstanding there be not any Precedent in the Case.
Protest against it.
"I, being unsatisfied in my Judgement concerning
the Vote which passed this Day, for an Order to be
directed from this House to the Lord Chancellor, in
the Case of Mr. Robertes, did demand Leave of the
House to enter my Dissent, and accordingly to protest
against that Vote, for these Reasons following; videlicet,
"1. I conceive this may be of dangerous Consequence, if in this Conjuncture of Time it
should occasion any Misunderstanding betwixt
the Two Houses, Union of both Houses conducing so much to the Safety of the King and
Kingdom; for happily they may apprehend,
as sometimes they have formerly done, that
this House doth extend their Power of Judicature further than ever hath formerly been,
and therefore should think themselves interested, that if any Remedy in that extraordinary Case should be applied to Mr. Roberts,
who is a Member of their own House, it ought
to be by the Legislative Power, and not by the
Judicial.
"2. Whereas it hath been the Prudence and Care
of all former Parliaments to set Limits and
Bounds to the Jurisdiction of Chancery; now,
by this Order of Directions (which implies a
Command), opens a Gap to set up an arbitrary
Power in the Chancery, which is hereby countenanced by the House of Lords to act, not
according to the accustomed Rules or former
Precedents of that Court, but according to his
own Will: Sic volumus, sic jubemus; stat pro
Ratione Voluntas."
"T. Lyncolne."
Adjourn.
Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in
diem Jovis, videlicet, primum diem Decembris, 1664,
hora decima Aurora, Dominis sic decernentibus.