Journal of the House of Lords: Volume 16, 1696-1701. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 26 Octobris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
E. of Warrington introduced.
This Day George Earl of Warrington sat first in Parliament, upon the Death of his Father Henry Earl of Warrington; and took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes.
Bishop of Ely to preach.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Bishop of Ely be, and he is hereby, desired to preach before this House, in the Abbey Church at Westminster, on the Fifth Day of November next.
Address to the King.
Lords Committees appointed to prepare an Address, to be presented to His Majesty, upon the Subject-matter of His most gracious Speech to both Houses of Parliament; and report to the House.
Their Lordships, or any Five of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers.
Writs of Error brought in.
The Lord Chief Justice of His Majesty's Court of King's Bench, in the usual Form, brought in Two Writs of Error:
Charles Heath Plaintiff, versus
Anne Wade et al. Defendants.
Thomas Walcott Plaintiff, versus
Car. 11dum nuper Regem Defendant.
Sawrey versus E. of Derby.
Upon reading the Petition of Roger Sawrey Esquire and Jeremiah Sawrey his Son; shewing, "That, at the last Assizes held for the County Palatine of Lancaster, a Trial was had, in an Action of Ejectment commenced in the Office of the Pleas of the Court of Exchequer at Westm'r, brought by Robert Spencer, upon the Demise of the Right Honourable the Earl of Derby, against the Petitioners, for the Manor of Broughton, and other Lands in the said County, whereof the Petitioners, or One of them, have had near Forty Years quiet Possession; and, upon the said Trial, a Verdict passed for the said Earl's Lessee, against the Petitioners; that the Petitioners, by the Rules of the said Court, have Four Days, within this present Michaelmas Terme, to move to stay Judgement, and for a new Trial; and for that Purpose, the Petitioners caused Notice to be given to the Agents for the said Plaintiff Spencer, that the Court would be moved on Saturday last, to stay Judgement, and that the Petitioners might have a new Trial; that some Persons, Agents for the Plaintiff, gave the Petitioners Counsel and Solicitors severally Notice, that the Earl of Derby did insist upon his Privilege; and that, if the Petitioners moved the Court, the Earl of Derby would complain to the House of Peers for a Breach of Privilege; and the Petitioners shew, that, after the Four Days are expired, the Plaintiff may, by the Rules of the Court, enter up Judgement, and take out Execution, and turn the Petitioners out of Possession, in case the Court be not moved; and praying Liberty for their Counsel to move the said Court, for the Purpose aforesaid:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That if in this Case the Petitioners, or their Counsel, do move the Court of Exchequer for a new Trial, or in Arrest of Judgement, it shall not be interpreted to be a Breach of Privilege of Parliament.
Peer, or his Lessee, Plaintiff in Ejectment, Privilege.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it shall be, and is hereby, referred to the Lords Committees for Privileges, to consider, that in case a Peer, or his Lessee, being Plaintiff in Ejectment, do recover during Privilege of Parliament, whether it ought to be interpreted a Breach of Privilege, if the Defendant do move the Court in Arrest of Judgement, for or a new Trial; and report to the House.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) vicesimum septimum diem instantis Octobris, hora decima Aurora, Dominis sic decernentibus.