DIE Veneris, 18 Maii.
Domini tam Spirituales quam Temporales præsentes
Epus. Lich. & Cov.
|Ds. Cowper, Cancellarius.
Dux Devon, Senescallus.
Dux Bolton, Camerarius.
Dux Bucks & Nor.
Comes De Loraine.
Viscount Say & Seale.
Ds. St. John.
Assizes, Cornwall, Bill:
vice lecta est Billa, intituled, " An Act
for holding the Assize for the Country of Cornwal at
a convenient Place within the said Country."
The Question was put, "Whether this Bill, with
the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by
Sir Thomas Gery and Mr. Rogers:
To carry down the said Bill; and acquaint them, that
the Lords have agreed to the same, with some Amendments, whereunto they desire their Concurrence.
The House (according to Order) was adjourned
during Pleasure, and put into a Committee upon the
Bill, intituled, "An Act for making the Laws for repairing the Highways more effectual; and for the
better paving and cleansing the Streets in the City of
London and Suburbs thereof."
And, after some Time spent therein, the House was
And the Earl of Clarendon reported from the said
Committee, "That they had made some Progress in
the said Bill; and directed him to move, that they
may have Leave to sit again."
Ordered, That this House shall be put into a Committee of the whole House, to consider further of the
said Bill, on Wednesday the Thirtieth Day of this Instant
May; and that the Judges do then attend this House.
Method of proceeding against Mynde for setting Counsel's Names to an Appeal, Report concerning; and of Precedents of Orders for the Attorney General to prosecute.
The Earl of Clarendon reported from the Lords Committees appointed to inspect Precedents, in order to see,
and report to the House, what is a proper Way of
proceeding against James Mynde, who has acknowledged that he set J. Nicoll and E. Copley's Names, as
Counsel, to the Appeal of William Rutter and others,
without the Knowledge of the said Counsel; and likewife to report in what Manner Orders have been made
by this House, for Prosecutions by the Attorney General; as follows: "That the Committee have inspected
the Journals of this House, in divers Cases where
Censures have been passed, and Punishments inflicted,
by their Lordships, upon Offenders, as well for Offences against the House in general, as the Members
thereof in Particular; which Punishments anciently
appearing to be very severe, the Committee chose
rather to lay before your Lordships some few of the
latest Instances; (videlicet,)
9th July, 1663, Alexander Fitton, for contriving
and publishing an infamous Libel against the Lord
Gerard of Brandon, fined £. 500. to His Majesty,
committed to The King's Bench; and to find Sureties
for his Behaviour during Life."
18th December, 1667. William Carr, for dispersing
scandalous and seditious printed Papers against the
Lord Gerard of Brandon, fined £. 1000. to the King,
to stand Thrice in the Pillory, to be imprisoned in
The Fleet, and the Papers to be burnt."
"1st March, 1676. Doctor Cary was fined £. 1000.
for refusing to discover his Knowledge of a Libel; and
to be committed to The Tower till he pay the same."
8th March, 168 8/9. William Downing, for printing
a Paper reflecting on the Lord Grey of Wark, committed to The Gatehouse, and fined £. 100. to the
"28th November, 1689. Robert Presgrave, committed to the Black Rod, for setting Counsel's Names
to his Father's Appeal, without their Knowledge:
"5th December, 1689. Upon his Petition, he was
discharged, paying his Fees."
11th April, 1690. Thomas Garston, for counterfeiting Protections, to stand Twice in the Pillory, and
committed to The Gatehouse till he pay his Fees.
"9th May, 1702. The Attorney General ordered to
prosecute Doctor Drake, for writing and publishing
Part of a Preface to a Book, intituled, "The History
of the last Parliament."
The said Committee observe, by the aforementioned
Instances, That where Offences have been committed by any Persons, against the Honour and Dignity
of the House in general, or any Member thereof
in particular, their Lordships have proceeded both
by Way of Fine and Corporal Punishments upon such
Offenders; but in Cases where Offences have not
been directly against the House, or any particular
Member thereof, the Attorney General has been
ordered to prosecute the Offenders according to Law:
And the Committee, upon Perusal of the several Orders directing Prosecutions by the Attorney General,
do not find that, at any Time, Addresses have been
made to the King for such Prosecutions.
"The said Committee, upon Consideration of th
whole Matter, are of Opinion, That Judgement be
given by this House, against the said James Mynde,
for his Offence aforementioned, in such Manner, and
for such Punishment, as their Lordships shall think
Which Report being read by the Clerk; it was
moved, "That the said James Mynde be fined, and also
set in the Pillory."
And the Sum of One Hundred Pounds being proposed for the said Fine:
Judgement against Mynde.
Ordered, That the said James Mynde, for setting
the Names of the said Two Counsel to the said Appeal
without their Privity, be fined to the King's Majesty, in
the Sum of One Hundred Pounds.
Then it being proposed, "That the said James Mynde,
instead of being set in the Pillory as before moved,
do go to every Court in Westminster Hall, One Day
next Term, with a Paper on his Breast, signifying his
And thereupon, the former Motion being not insisted
on; and Debate touching the last Proposition:
This Question was put, "That the said James
Mynde do, on the Second Day of the next
Term, go, with a Paper upon his Breast, to
all the Courts in Westm'r Hall, sitting the
said Courts, with his said Crime written in
such Paper, in large and legible Characters."
It was Resolved in the Negative.
Papists to register their Estates, Bill.
A Message was brought from the House of Commons,
by Mr. Jessop and others:
With a Bill, intituled, "An Act to oblige Papists
to register their Names and real Estates;" to which
they desire the Concurrence of this House.
The said Bill was read the First Time, and ordered to
be read a Second time on this Day Sevennight.
Johnson versus Norris, in Error.
The Lord Parker acquainted the House, "That there
was a Writ of Error, returnable in Parliament, directed to him as Lord Chief Justice of the Court of
King's Bench; and that he had in his Hand a Transcript of the Record; which Record the Clerks in the
said Court were attending with at the Door; and
that his Lordship, having the Honour to be a Member of this House, desired their Lordships Opinion,
as to the Manner of receiving the said Writ of
The House thereupon agreed, "That his Lordship
should deliver the said Transcript."
Which was accordingly done; and the Record was
brought in, as usual, in order to the Examination of
the said Transcript.
In which said Writ of Error,
Samuel Johnson is Plaintiff,
and Robert Norris Defendant.
Sir A. Rigby's Bill.
vice lecta est Billa, intituled, "An Act
to discharge Sir Alexander Rigby Knight from his Imprisonment; and vest his Estate and Effects in Trustees, for the Benefit of his Creditors."
Ordered, That the Consideration of the said Bill
be, and is hereby, referred to Mr. Justice Prat and
Mr. Baron Mountague; who are forthwith to summon all
Parties concerned therein; and, after hearing them,
and perusing a Copy of the Bill, attested by the Clerk
of the Parliaments, are to report to the House the State
of the Case, with their Opinion thereupon, under their
Tobacco, &c. to prevent Abusesin, Bill.
Whereas this Day was appointed, for the House to
be in a Committee on the Bill, intituled, "An Act to
prevent the Mischiefs by manufacturing Leaves, or
other Things, to resemble Tobacco, and the Abuses
in making and mixing of Snuff:"
It is Ordered, That this House shall be put into
a Committee thereupon, on Saturday the Twenty-sixth
Day of this Instant May; and that the Petitioners
allowed Yesterday to be heard by their Counsel, in
relation to a Clause in the said Bill, as this Day, be,
on Saturday the said Twenty-sixth Instant, heard before
the Committee, by their Counsel, if they think fit.
Oaths, Time to take, to prolong, Bill.
Whereas this Day was appointed, for the House to
be in a Committee upon the Bill, intituled, "An Act
for prolonging the Time for Persons to take the
Oaths, pursuant to the Act for the further Security
of His Majesty's Person and Government; and the
Succession of the Crown in the Heirs of the late
Princess Sophia, being Protestants; and for extinguishing the Hopes of the pretended Prince of Wales,
and his open and secret Abettors:"
It is Ordered, That this House shall be put into a
Committee thereupon, on Wednesday the Thirtieth Day
of this Instant May; and that the Judges do then attend
Bp. of Bristol to preach 29th Instant.
Ordered, That the Lord Bishop of Bristol be, and
he is hereby, desired to preach before this House, in
the Abbey Church Westm'r, on Tuesday the Twentyninth Day of this Instant May.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis,
vicesimum quartum diem instantis Maii, hora undecima
Auroræ, Dominis sic decernentibus.