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, 5 Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Dormer versus Bertie & al.
After hearing Counsel, upon the Petition and Appeal of John Dormer, of Ascott, in the County of Oxon, Esquire, from a Decree of Dismission made in the Court of Chancery, the Fourteenth Day of June, in the Eleventh Year of His Majesty's Reign, upon the Hearing of Two Causes there depending; one, wherein the Petitioner was Plaintiff, against the Honourable Peregrine Bertie, Charles Bertie, and Henry Bertie, Esquires, and Henry Cane Gentleman, Executors of Robert Dormer, late of Dorton, in the County of Bucks, deceased, Charles Dormer, William Dormer, Robert Dormer, Philip Dormer, James Dormer, and John Dormer, of Rousham, in the County of Oxon aforesaid, Esquires, Defendants; and the other, wherein the said John Dormer of Rousham, Charles, William, Philip, and Robert Dormer, and James Dormer an Infant, by his next Friends, were Plaintiffs, against the Petitioner and the said Peregrine Bertie, Charles Bertie, Henry Bertie, and Henry Cane, Defendants; and praying, "That the said Order of Dismission, and an Order of the Ninth of February One Thousand Six Hundred Ninety-eight, may be reversed:" As also upon the Answers of the said Charles Bertie and Henry Bertie Esquires, and of the Honourable Bridget Bertie Spinster, Anthony Henley Esquire and Mary his Wife (the Daughters of the Honourable Peregrine Bertie Esquire, deceased), and of Henry Cane, Mathew Cane, Charles Cane, and John Cane (Four of the Sons of Henry Cane Senior, deceased); and also the Answer of John Dormer, of Rousham, Esquire, Charles Dormer, William Dormer, Robert Dormer, Phillip Dormer, and James Dormer, Esquire, Six of the Respondents put in thereunto; and due Consideration 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 John Dormer of Ascott shall be, and is hereby, dismissed this House; and that the Order of Dismission, and the other Order therein complained of, shall be, and they are hereby, affirmed.
This Day, Charles Smith, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege committed against the Earl of Sandwich, a Peer of this Realm, was brought to the Bar; where he, upon his Knees, acknowledged his Fault, and asked Pardon for the same of the House and the Earl of Sandwich.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Charles Smith shall be, and he is hereby, discharged, paying his Fees; and this shall be a sufficient Warrant on that Behalf.
To the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.
Committee to prepare a Message to H. C. about Lords impeached.
Lords Committees appointed to draw a Message, to be sent to the House of Commons, to put them in Mind of the Impeachments brought up by them, against the Earl of Portland, the Earl of Orford, the Lord Sommers, and the Lord Halifax; and report to the House:
Their Lordships, or any Three of them; to withdraw presently, into the Prince's Lodgings.
Then the House was adjourned during Pleasure.
And, after some Time, the House was resumed.
And the Lord Steward reported the Message.
Which was read, and agreed to, as followeth; (videlicet,)
Message to H. C. concerning Lords impeached.
A Message was sent to the House of Commons, by Sir Robert Legard and Sir Richard Holford:
To acquaint them, "That they having, on the First Day of April last, sent up to their Lordships an Impeachment against William Earl of Portland, of high Crimes and Misdemeanors; and having also, on the Fifteenth Day of the same Month, severally impeached John Lord Sommers, Edward Earl of Orford, and Charles Lord Halifax, of high Crimes and Misdemeanors; their Lordships think themselves obliged to put them in Mind, that as yet no particular Articles have been exhibited against the said Lords; which, after Impeachments have been so long depending, is due in Justice to the Persons concerned, and agreeable to the Methods of Parliament in such Cases."
ORDERED, That To-morrow, when the House is full, the Petition of Samuel Purchase shall be read.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) sextum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.