DIE Martis, 20 die Martii.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
His Royal Highness the Duke of Yorke. | |
Arch. Eborac.
Epus. London.
Epus. Winton.
Epus. Sarum.
Epus. Petriburg.
Epus. Rochester.
Epus. Ely.
Epus. Bristol.
Epus. Gloucester.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Chichester.
Epus. Landaff.
Epus. Lyncoln.
Epus. Exon. |
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
Marq. Worcester.
Marq. Dorchester.
L. Great Chamberlain.
Comes Marescallus Angl.
L. Steward.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntington.
Comes Dorset.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Westm'land.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Dover.
Comes Petriburg.
Comes Strafford.
Comes Scarsdale.
Comes Rochester.
Comes Clarendon.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Powis.
Comes Guildford.
Comes Midd.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Vicecomes Yarmouth.
Vicecomes Newport. |
Ds. Berkeley B.
Ds. Stourton.
Ds. Sandys.
Ds. Windsor.
Ds. Eure.
Ds. Paget.
Ds. Chandos.
Ds. Petre.
Ds. Arundell Ward.
Ds. Tenham.
Ds. Pawlet.
Ds. Maynard.
Ds. Coventry.
Ds. Howard Esc.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Carington.
Ds. Ward.
Ds. Colepeper.
Ds. Bellasis.
Ds. Gerard B.
Ds. Cornwallis.
Ds. Delamer.
Ds. Fretchvile.
Ds. Arundell Trer.
Ds. Butler M. P.
Ds. Duras.
Ds. Butler W.
Ds. Grey de Rol. |
PRAYERS.
Vacat per Ordinem 13tii
Novembris, 1680, coram
J. Bridgewater.
Clarendon.
P. Bath & Wells.
Tho. Exon.
Howard.
*********
The Lord Steward made Report from the Committee
of Privileges, as follows:
Report concerning Privilege of Parliament to Peeresses, &c.
"That, in Pursuance of the Order of the House,
dated the Ninth of March Instant, directing them to
enquire what hath been done in the Case of Privilege of Parliament allowed to Noblewomen and
Widows of Peers, and make Report; the Committee
hath examined several Precedents, by which it appeareth to them, that the Widows of Peers have
been allowed from Time to Time the Privilege of
Parliament, which Precedents are ready to be produced; and that no Precedent hath been produced to
weaken or take away the said Privilege."
ORDERED, That this House agrees with the Committee in this Report.
Report concerning Messenger being taken in Execution, though he prosecuted his Writ of Error against Taunt.
The Earl of Dorset reported, from the Committee
for Petitions, the Case of John Messenger;
"That their Lordships had examined the Nature of
the Proceedings had upon the Writ of Error, and
whether the Petitioner had done what he ought to do
in Prosecution thereof, and also what hath been done
by Mark Taunt, Richard Halton, and Charles Cheney,
complained of in the Petition; and the Committee
are of Opinion, That the said Messenger hath done
all that he could do, in prosecuting a Writ of Error,
bearing Date the 19th of February last, in order to
bring the Judgement before the House; notwithstanding which, the said Taunt hath taken out Execution, by the Procurement of Charles Cheyney (who
practiseth as an Attorney in Mr. Halton's Name), and
keeps the said Messenger in Prison: Which Opinion
their Lordships are of, upon the Account of the
following Testimony of William Carr, who (being
sworn at the Bar) faith, "That he saw Mr. Pearce shew
Mr. Charles Cheney the said Writ of Error Four or
Five Days before the said Cheney made out the Execution;" and he further faith, "That the Lord
Chief Justice of the King's Bench advised the said
Cheney to condescend to a Supersedeas, to discharge
the Body of the said Messenger, because the Writ of
Error was brought before the Lords; which Cheney
refused."
Upon which, the House made this ensuing Order:
Messenger released.
"Upon Report made from the Lords Committees
appointed to receive and consider of Petitions, to
whom was referred the Petition of John Messenger,
complaining of his being imprisoned upon Execution,
notwithstanding a Writ of Error granted to him for
bringing the Judgement upon which he was taken in
Execution before this High Court, That their Lordships are of Opinion, that the said John Messenger
hath done all that he could do, in prosecuting
the said Writ of Error, bearing Date the 19th of
February last, to bring the Judgement before this
House; notwithstanding which, Mark Taunt, complained of, took out the Execution, by the Procurement of Charles Cheney (who practiseth as an Attorney in Mr. Halton's Name) and keeps the said
John Messenger in Prison, which Charles Cheney was
shewed the said Writ of Error by Mr. Pearce Four or
Five Days before the said Charles Cheney made out
the Execution, as appeareth by the Testimony of
William Carr, delivered upon Oath before the said
Lords Committees: After due Consideration had
thereof, it is ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That the Lord
Chief Justice of the Court of King's Bench be, and
is hereby, appointed forthwith to direct the issuing of
a Writ of Supersedeas, for the Discharge of the
Person of the said John Messenger out of Prison by
reason of the Execution before mentioned, to the
End he may attend the Prosecution of his said Writ
of Error in this High Court; and hereunto the Obedience of all and every Person and Persons concerned
in the detaining of the said John Messenger in Prison is
required, as they and every of them will answer the
contrary unto this House."
Peeresses, &c. Privilege.
Upon Report made by the Lord Steward of His
Majesty's Household, from the Lords Committees appointed to consider of the Privileges of the Peers of
this Kingdom, "That, in Pursuance of the Order of
this House, dated the Ninth of March Instant, directing them to enquire what hath been done in the
Case of Privilege of Parliament allowed to Noblewomen and Widows of Peers, and make Report;
their Lordships, at the Committee, have examined
several Precedents, by which it appeareth to them
that the Widows of Peers have been allowed from
Time to Time the Privilege of Parliament; and that
no Precedent hath been produced to weaken or take
away the said Privilege:"
Upon due Consideration had of the said Report, it
is ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That this House agrees with the
Committee therein; and do declare, that therefore Noblewomen and Widows of Peers ought to enjoy the
Privilege of Parliament.
Howards & al. versus Marq. of Dorchester, E. of Norwich, & al.
Next, was read the Petition of Edward Howard and
Bernard Howard Esquires, and Alexander Macdonnell
Esquire and the Lady Elizabeth his Wife, which concerns the Marquis of Dorchester, the Earl Marshal of
England, and the Earl of Petriburg, in Point of Privilege of Parliament, being Trustees for and on the
Behalf of the Petitioners.
After Debate thereof, it was moved, "That the
Question might be put, Whether this Petition shall
be dismissed."
The Question being put, "Whether this Question
shall be put?"
It was Resolved in the Affirmative.
Then the Question being put, "Whether this
Petition shall be dismissed?"
It was Resolved in the Affirmative.
Hereupon the House made the ensuing Order:
"Upon reading the Petition of Edward Howard and
Bernard Howard Esquires, Younger Brothers of the
Right Honourable Thomas Duke of Norfolk, and
Alexander Macdonnell Esquire and the Lady Elizabeth
his Wife, Sister of the said Edward and Bernard
Howard; shewing, That Henry Marquis of Dorchester, Henry Earl of Norwich Earl Marshal of England, and Henry Earl of Peterborough, being concerned as Trustees for and on the Behalf of the
Petitioners, in a great Accompt to be given by them
the said Lords to the Petitioners, they the said Petitioners were forced to exhibit a Bill in the Court
of Exchequer, to which the said Lords, being served
with Letters Missive (the usual Process of that Court
to Persons of that Quality), have not answered; but
are in Contempt, as in the said Petition is alledged;
and therefore praying, That, by Order of this
House, the said Marquis of Dorchester, Earl Marshal,
and Earl of Peterborough may give in their Answer
to the said Bill in the Exchequer, or that Process for
their not answering may be made out against them:
After due Consideration had of the said Petition,
and hearing the said Marquis of Dorchester, Earl
Marshal, and Earl of Peterborough concerning the
Nature of the said Trust wherein their own Estates are
concerned, and the Privilege of Parliament by them
respectively claimed, it is Resolved, by the Lords
Spiritual and Temporal in Parliament assembled,
That the said Petition of Edward Howard, Bernard
Howard, Alexander Macdonnell and the Lady Elizabeth his Wife, be dismissed."
Vacat per Ordinem 13tii
Novembris, 1680, coram
J. Bridgewater.
P. Bath & Wells.
Clarendon.
Tho. Exon.
Howard.
*********
Bill for the more effectual Conviction of Popish Recusants.
ORDERED, That To-morrow Morning the House
shall be put into a Committee, to proceed in the Bill for
the more effectual Conviction and Prosecution of Popish
Recusants.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 21um
diem instantis Martii, hora decima Aurora, Dominis sic
decernentibus.