DIE Veneris, 7 die Junii.
Domini præsentes fuerunt:
His Royal Highness the Duke of Yorke.
Ds. Custos Privati Sigilli.
L. Great Chamberlain.
Comes Pembrooke et Mount.
Viscount Say et Seale.
Ds. De la Ware.
Ds. Berkeley de Berkeley.
Ds. Darcy et Conyers.
Ds. Gerard de Bromeley.
Ds. Howard de Charlt.
Ds. Grey de Wark.
Ds. Herbert de Cherb.
Ds. Berkeley de Straton.
PRAYERS, by Dr. Hodges.
vice lecta est Billa, "An Act for restoring
of Thomas Radcliffe Esquire to all his Lands and
Possessions in England and Ireland."
And the Question being put, "Whether this Bill
shall pass as a Law?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Dr. Child and Dr. Lewin:
To deliver the Bill for restoring Mr. Radcliffe to his
Lands, &c. and to desire their Concurrence therein.
E. of Derby's Bill.
ORDERED, That the Bill for restoring the Earl of
Derby be referred to the Consideration of these Lords
following; who are in the First Place to report to this
House, whether they find any thing in this Bill against
the Act of Indemnity, or the Act for Judicial Proceedings:
L. Privy Seal.
Marq. of Dorchester.
Ds. Berkeley de Berk.
Ds. Howard de Ch.
Justice Twisden and
To assist their Lordships.
Their Lordships, or any Five; to meet on Tuesday
next, in the Afternoon, at Three a Clock,
in the Prince's Lodgings; and have Liberty to
adjourn themselves from Time to Time, as they
shall see fit.
L. Delawar and L. Berkley, Precedency.
This Day the Cause was heard, by Counsel on both
Sides, touching the Matter of Precedency between the
Lord Delaware and the Lord Berkeley of Berkeley, upon
the Petition and Complaint of the Lord Berkeley.
And the Counsel for the Lord Delaware pleaded,
"This Matter hath been already adjudged in this House,
39 Elizabethæ, for the Lord Delaware."
But the Counsel for the Lord Berkeley alledged,
"That that Business was not concerning any Difference
touching Precedency of Place between the Lord Delaware and the Lord Berkeley; neither was the Lord
Berkeleye's Ancestor Defendant in that Matter, and so
could not be bound by that Judgement."
Hereupon the Counsel were commanded to withdraw.
And the House, upon Consideration hereof, were of
Opinion, "That the Lord Berkeley's Counsel may proceed to the Merits of the Cause; because it appears
that the Lord Berkeley's Ancestor was not Defendant
in that Business in 39 Elizabethæ."
And the Counsel being called in again, the Lord
Chancellor signified so much to the Counsel; and thereupon they proceeded to hear the Merits of the Cause.
And after some Time spent therein, it was agreed
between the Counsel on both Sides, to state the Evidence
and the Case amongst themselves; and when that is done,
upon Signification thereof to this House, their Lordships
will appoint a further Day to hear the Business.
Bill to vacate Sir Edward Powel's Fines.
ORDERED, That the Bill for vacating the Fines acknowledged by Sir Edward Powell and Dame Mary his
Wife shall be read the Second Time on Thursday the
13th of this Instant June.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque in diem crastinum, videlicet,
8um diem instantis Junii, hora decima Aurora, Dominis
Hitherto examined by us,