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 Mercurii, 26 Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Claim to the Title of Earl of Banbury.
A Petition to His Majesty being this Day offered, on the Behalf of the Person who claims the Title of Earl of Banbury, and His Majesty's Reference thereupon:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Reference shall be considered on Saturday the Nine and Twentieth Day of January Instant, at Twelve of the Clock; and that all the Lords be summoned then to attend; and the Clerks then bring the Books wherein the former Proceedings in relation to this Matter are entered.
E. of Macclesfield's Divorce, Bill:
After hearing Counsel and Witnesses, Yesterday, for the Earl of Maclesfeld, in order to make good the Allegations of his Bill:
The Counsel for the Countess of Maclesfeld desired, "That they might have Copies of the Depositions taken on Behalf of the Earl of Maclesfeld; and having a material Witness in Brecknockshire, they might have Time allowed to send for him, and the Protection of this House coming and going."
And upon reading, this Day, an Affidavit made by the Countess of Maclesfeld, "That James Dunn is a material Witness for her, who lives near The Hay in Brecknocksh'r:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That either Side may have Copies of the Depositions; and that this House will hear Counsel and Witnesses, on Behalf of the Countess of Maclesfeld, on Wednesday the Ninth Day of February next, at Ten of the Clock in the Forenoon, what they have to offer against the Bill, intituled, "An Act for dissolving the Marriage between Charles Earl of Maclesfeld and Anne his Wife, and to illegitimate the Children of the said Anne."
Dunn, a Witness, to attend, and protected.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That James Dunn, in the County of Brecknocksh'r, shall and he is hereby required to attend this House on Wednesday the Ninth Day of February next, at Ten of the Clock in the Forenoon: And it is further ORDERED, That the said James Dunn shall be, and he is hereby, protected in coming to and going from this House; and this shall be a sufficient Warrant on that Behalf.
To all Mayors, Sheriffs, Bailiffs, Constables, and other Officers, to whom this shall come.
E. of Montagu versus E. of Bath.
Counsel being heard this Day, at the Bar, upon the Petition of Ralph Earl of Montagu; complaining, "That the Earl of Bath hath, contrary to his Agreement, resumed his Privilege;" as also upon the Answer of the said Earl of Bath, Replication of the said Earl of Montagu, and Earl of Bath's Rejoinder thereunto; the Counsel for the Earl of Montagu, by his Lordship's Consent, making an Offer, "That none of the Twelve Persons against whom Informations for Perjury are depending should be produced as Witnesses in any Cause relating to the Estate of the late Duke of Albemarle; and also that the said Earl of Montagu would not produce any Witnesses whatsoever, at any Trial to be had in order to prove Sir John Copplestone or Mr. Strode to be out of Town at the Time when the Deeds under which the Earl of Bath claims are alledged to be sealed by the said Duke of Albemarle:"
It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, with the Consent of the said Earl of Bath, That he do from henceforth waive his Privilege, in all Causes relating to the Estate of the said Duke of Albemarle; and do not resume the same, unless the said Earl of Montagu do hereafter produce any of the said Twelve Witnesses, or any other Witnesses whatsoever, to prove the said Facts relating to the said Sir John Copplestone's and Mr. Strode's being out of Town as aforesaid: And it is further ORDERED, by the Consent of the Earl of Montagu, That he likewise waives his Privilege, in all Actions and Suits relating to the said Estate.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, (videlicet,) vicesimum septimum diem instantis Januarii, hora duodecima Auroræ, Dominis sic decernentibus.