Journal of the House of Lords: Volume 15, 1691-1696. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 24 Januarii.
Tattershall versus Fitzherbert:
After hearing Counsel upon the Petition and Appeal of Thomas Tattershall Clerk, from an Order of Dismission of a Bill in the Court of Chancery, by him exhibited, against Henry Fitzherbert and William Jones; as also upon the Answer of William Jones and Henry Fitzherbert put in thereunto:
After due Consideration had of what was offered thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of the said Thomas Tattershall shall be, and is hereby, dismissed this House; and that the Order of Dismission in the Court of Chancery, from which he appealed, shall be, and is hereby, affirmed.
Trials for Treason, Bill:
Then the House took into Consideration the Amendments made by the Committee of the whole House, to the Bill, intituled, "An Act for regulating of Trials, in Cases of High Treason and Misprision of Treason;" and agreed to all preceding the Amendment in the 2d Skin, 17th Line; instead whereof, a Clause relating to Outlawries in High Treason was offered, and agreed to be Part of the Bill.
"And whereas, by the good Laws of this Kingdom, in Cases of Trials of Commoners for their Lives, a Jury of Twelve Freeholders must all agree in one Opinion, before they can bring a Verdict either for Acquittal or Condemnation of the Prisoner; and whereas, upon the Trials of Peers or Peeresses, a major Vote is sufficient either to acquit or condemn: Be it further enacted, by the Authority aforesaid, That, upon the Trial of any Peer or Peeress, for Treason or Misprision of Treason, all the Peers who have a Right to fit and vote in Parliament shall be duly summoned, Twenty Days at least before every such Trial, to appear at every such Trial; and that every Peer so summoned, and appearing at such Trial, shall vote in the Trial of such Peer or Peeress so to be tried, every such Peer first taking the Oaths mentioned in One Act of Parliament made in the First Year of King William and Queen Mary, intituled, "An Act for abrogating the Oaths of Supremacy and Allegiance, and appointing other Oaths;" and also every such Peer subscribing and audibly repeating the Declaration mentioned in an Act of Parliament, intituled, "An Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament," and made in the Thirtieth Year of the late King Charles the Second."
"Provided also, and be it enacted, by the Authority aforesaid, That no Indictment for any the Offences aforesaid, nor any Process or Return thereupon, shall be quashed, on the Motion of the Prisoner or his Counsel, for miswriting, mispelling, false or improper Latin, unless Exception concerning the same be taken and made in the respective Court where such Trial shall be, by the Prisoner or his Counsel, assigned, before any Evidence is given in open Court upon such Indictment; nor shall any such miswriting, mispelling, false or improper Latin, after Conviction on such Indictment, be any Cause to stay or arrest Judgement thereupon: But nevertheless any Judgement given upon such Indictment shall and may be liable to be reversed, upon a Writ of Error, in the same Manner (and no other than) as if this Act had not been made."
Protest against adding a Clause to it:
Amendments to the Bill.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Clauses agreed to by the House shall be engrossed, and the Amendments writ fair, against Saturday, at Twelve of the Clock; at which Time the said Bill shall be read the Third Time; and all the Lords summoned to attend.
Message from H. C. with a Bill.
Baden versus Regem, Error.
Lord versus Lord.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, (videlicet,) vicesimum quintum diem instantis Januarii, hora undecima Aurora, Dominis sic decernentibus.