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 Lunæ, 18 Februarii.
Marquis of Tavistock's Bill.
Simoniacal Contracts, to prevent, Bill.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee, to proceed in the further Consideration of the Bill, intituled, "An Act for the more effectual preventing of Simoniacal Contracts," on Thursday the One and Twentieth Day of this Instant February.
Hodie 3a vice lecta est Billa, intituled, "An Act for supplying certain Defects in the Directions made in and by a Deed of Trust, and the last Will of George Pitt Esquire, deceased, for settling his Estate."
Message to H. C. with it.
The House this Day resuming the further Consideration of what remains undetermined in respect to the Proceedings and Trials in Lancashire; and after hearing the Judges who acted in those Trials, and Debate thereupon;
Resolution, that the Judges did their Duty in them, according to Law:
Resolved upon the Question, by the Lords Spiritual and Temporal in Parliament assembled, That it is the Opinion of this House, That the Judges who have any Ways acted in relation to the Lancashire Trials have done their Duty, according to Law.
Protest against that Resolution.
"Because we conceive, that a Witness, who in open Court did Twice mistake the Prisoner at the Bar, against whom he was a Witness, ought not to be recommended from a Judge, to a Jury, as a Witness not to be excepted against.
"And because there appeared several hard Circumstances in the Proceedings; and particularly the refusing to cause the Witness to be examined apart, when desired by the Prisoners, which, in a Constitution where the Judges ought to be of Counsel for the Prisoners, seems to be contrary to the Intent of the Law, for the Security of the Innocent; and in that Consideration may be of too ill Consequence to receive Countenance in this Supreme Court.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the further Consideration of what remains undetermined, in respect to the Proceedings and Trials in Lancashire, shall be resumed on Friday next, at Eleven of the Clock in the Forenoon; and all the Lords summoned then to attend; and no other Business to intervene.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) decimum nonum diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.