DIE Jovis, 31 die Januarii.
Domini tam Spirituales quam Temporales præsentes
His Royal Highness the Duke of Yorke.
Johannes Ds. Robertes, Custos Privati Sigilli.
Robertus Comes Lyndsey, Magnus Camerarius Angl.
Edwardus Comes Manchest. Camerarius Hospitii.
Vicecomes Say & Seale.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Willoughby de Parham.
Ds. Arundell de Warder.
Ds. Howard de Charlt.
Ds. Howard de Esc.
Ds. Herbert de Cherb.
Ds. Berkley de Strat.
This Day the Lord Privy Seal sat Speaker, in the
Absence of the Lord Chancellor.
The Earl of Dorsett reported, "That the Committee
have considered the Bill to make Sale of Lands, for
the Payment of the Debts of Henry Kendall Esquire;
and they think it fit to pass as it is, without any
vice lecta est Billa, "An Act to make a Sale
of Lands, for the Payment of the Debts of Henry
The Question being put, "Whether this Bill shall
It was Resolved in the Affirmative.
French Merchants Petition granted.
The Earl of Dorset reported, "That His Majesty hath
been pleased to grant the Desires of both Houses,
concerning the Goods of the French Merchants."
ORDERED, That the Committee for the Lord Norris's
Bill do meet this Afternoon, at Four of the Clock.
Message from H. C. with Bills.
A Message was brought from the House of Commons,
by Sir Thomas Clargis and others; who brought up Two
Bills passed by the Commons; to which they desire their
1. "An Act to prevent the Disturbances of Seamen
and others; and to preserve the Stores belonging to
His Majesty's Navy Royal."
2. "An Act for punishing and suppressing of Atheism,
Prophaneness, and prophane Cursing and Swearing."
Bill to suppress Atheism, &c.
vice lecta est Billa, "An Act for punishing
and suppressing of Atheism, Prophaneness, and prophane Cursing and Swearing."
L. North takes his Seat.
This Day Dudly Lord North presented his Writ of
Summons to Parliament to the Speaker, upon the Decease
of his Father Dudly Lord North; and accordingly took
his Place on the Barons Bench.
L. Mordant's Manner of Trial.
The Committee of the House of Commons that were
appointed to manage the Evidence against the Lord Viscount Mordant upon his Impeachment, were admitted to
the Bar (the Lord Viscount Mordant sitting near the Bar,
upon a Stool, uncovered).
Sir Robert Atkins said, "He and the rest were commanded by the House of Commons to attend their
Lordships concerning those Two Things desired by the
House of Commons lately in the Case of the Lord Viscount Mordant:
"1. Concerning Counsel not to be allowed to the
Lord Viscount Mordant.
"2. Concerning his standing without the Bar.
"Touching the First, the Commons do acquiesce in
their Lordships Resolution, for admitting him Counsel
in this Cause, that so he may want no Help for his
Defence, though the contrary hath been a Favour
not denied to the House of Commons formerly.
"But as concerning his sitting within the Bar, the
Commons are not satisfied that the Lord Viscount
Mordant should have such great Respect shewed him,
in regard their Lordships did not mention any Precedent for it; and the Commons conceive Persons in the
like Case have constantly used to stand without the
Bar: Therefore they were commanded by the House
of Commons to entreat their Lordships to command
the Lord Viscount Mordant to stand without the Bar."
Upon this, the Committee of the House of Commons
And this House took this Business into serious Consideration, as highly concerning the Judicature of their
Lordships (the Lord Viscount Mordant standing in the
Place where he sat during the Presence of the Committee of the House of Commons);
And Resolved, That the Speaker, by the Directions of
this House, should return this Answer to the Committee
of the House of Commons:
"That their Lordships have further considered of the
Desire of the House of Commons, in relation to the
Place and Posture wherein the Lord Mordant shall
appear to make his Defence; and judging it a Right
inherent in every Court, to order and direct such Circumstances, and Matters of Form, that can have no
Influence to the Prejudice of Justice, in such Way
as they shall judge fit, where the same are not
settled otherwise by any positive Rule, do confirm
the Order already made in this Case, as just and
equal; and do wish you to proceed to Matter of Substance."
The Committee of the House of Commons were
called in again, and received the aforesaid Resolution of
Whereupon Sir Robert Atkins begged their Lordships Pardon for not agreeing to their Lordships herein; but desired Leave that they may resort to the House
of Commons, for their Directions herein.
Message from H. C. to return Pride's Bill.
A Message was brought from the House of Commons, by the Lord Torrington and others:
To signify to their Lordships, that the House of
Commons have agreed with their Lordships in the
Amendments sent down in the Bill for settling an Estate
in Trustees for the Benefit of Mrs. Pride and her Children; which Bill they do now return to their Lordships.
D. of Bucks and E. of Rutland, concerning the Title of L. Roos.
Next, the House heard the Counsel of the Duke of
Bucks and the Counsel of the Earl of Rutland, concerning their Claim to the Title of Lord Ross.
Mr. Mountagu made a long Argument to maintain
the Claim of the Earl of Rutland.
And Mr. Solicitor made an Answer on Behalf of
the Claim of the Duke of Bucks.
Which being done, it was moved, by the Counsel
of the Earl of Rutland, "That the House would please
to hear another Argument, by Serjeant Maynard,
in Point of Law, on the Behalf of the Earl of
Whereupon it is ORDERED, That if Serjeant Maynard will be ready To-morrow Morning, at Nine of the
Clock, this House will hear him; if not, to go on in
ORDERED, That the Earl of Oxon, Earl (fn. 1) of North'ton, Vicecomes Mordant, and the Lord Awdley, are added
to the Committee for the Lord Norris's Bill.
Downes versus Spring.
ORDERED, That the Two Petitions of Downes
against Spring shall be compared together To-morrow
Dominus Custos Privati Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem Veneris,
primum diem Februarii, hora decima Aurora, Dominis