DIE Lunæ, 22 Novembris.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| | |
Epus. London.
Epus. Durham.
Epus. Rochest'.
Epus. Ely.
Epus. Bath & Wells.
Epus. Chester.
Epus. Peterborough.
Epus. Oxon.
Epus. Exeter.
Epus. St. Asaph. |
Dux Cumberl'd.
Ds. Præsidens.
Ds. Privy Seal.
Dux Bucks.
Dux Albemarle.
Dux Monmouth.
Dux Newcastle.
Marq. Worcest'.
L. Chamberlain.
Comes Kent.
Comes Rutland.
Comes Huntingdon.
Comes Bedford.
Comes Suffolke.
Comes Salisbury.
Comes Bridgwat'.
Comes North'ton.
Comes Denbigh.
Comes Westm'land.
Comes Manchester.
Comes Bristoll.
Comes Mulgrave.
Comes Rivers.
Comes Stanford.
Comes Winchelsea.
Comes Chesterfeild.
Comes Thannet.
Comes Sund'land.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Carlisle.
Comes Craven.
Comes Aylisbury.
Comes Shaftsbury.
Comes Guilford.
Comes Sussex.
Comes Feversham.
Comes Hallifax.
Comes Macclesfeild.
Comes Berkeley.
Comes Conway.
2 Vicecomes Newport.
1 Vicecomes Fauconberge. |
Ds. Ferrers.
Ds. Conyers.
Ds. Windsor.
Ds. Wharton.
Ds. Paget.
Ds. North & Grey.
Ds. Norreys.
Ds. Grey War.
Ds. Deyncourt.
Ds. Lovelace.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Herbert Cher.
Ds. Hatton.
Ds. Ward.
Ds. Rockingham.
Ds. Wootton.
Ds. Cornwallis.
Ds. Delamer.
Ds. Crewe.
Ds. Arundell Tr.
Ds. Butler de West. |
PRAYERS.
L. President, Speaker.
This Day the Lord President supplied the Place
of the Lord Chancellor.
Lords take the Oaths.
This Day George Duke of Bucks took the Oaths of
Allegiance and Supremacy, and made and subscribed the
Declaration, in Pursuance of the Act for the more effectual preserving of the King's Person and Government,
by disabling Papists from sitting in either House of Parliament.
This Day John Earl of Radnor Lord President of the
Council took the Oaths of Allegiance and Supremacy,
and made and subscribed the Declaration against Transubstantiation, in Pursuance of the Act in the 25th
Year of His now Majesty's Reign, for the preventing
the Dangers which may happen from Popish Recusants;
his Witnesses being first sworn at the Bar, to prove the
Truth of his Lordship's Certificate concerning his receiving the Sacrament of the LORD'S Supper.
Noy & al. versus Sir P. Fortescue & al.
Whereas there is a Petition and Appeal of Wm. Noy
and others depending in this House, to which Sir Peter
Fortescue and Dame Anne his Wife have put in their
Answer; and whereas this House had appointed to hear
Counsel at the Bar, on both Parts, upon the said Appeal and Answer, on Wednesday the 24th of this Instant
November:
It being prayed this Day, by the Petition of the said
Sir Peter Fortescue, "That in regard he hath not had
timely Notice of the said Hearing, he being now in
Cornwall, where all the Papers are which he should
use at the said Hearing, as is suggested in the said
Petition, he may have a further Day appointed for
the Hearing thereof;" it is ORDERED, by the Lords
Spiritual and Temporal in Parliament assembled, That
if the said Sir Peter Fortescue doth forthwith pay Ten
Pounds Costs to the Appellants, that then this House
will hear Counsel at the Bar, on both Parts, upon the
said Appeal and Answer, on Wednesday the 1st Day of
December next; but if the said Sir Peter fail in the paying the said Costs, that then the said Cause shall stand
to be heard on the said 24th Instant.
E. of Sussex takes the Oaths.
This Day Thomas Earl of Sussex took the Oaths of
Allegiance and Supremacy, and made and subscribed
the Declaration against Transubstantiation, in Pursuance
of the Act in the 25th Year of His now Majesty's Reign,
for the preventing the Dangers which may happen from
Popish Recusants; his Witnesses being first sworn at the
Bar, to prove the Truth of his Lordship's Certificate
concerning his receiving the Sacrament of the LORD'S
Supper.
L. Campden excused.
John Cale and Daniell Richardson testified upon their
Oaths, at the Bar, "That the Lord Viscount Campden
is so sick, that he is not able to travel to attend this
House without Danger of his Life."
Whereupon his Absence is excused.
Receiving Appeals, Time limited.
ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That all Persons who shall have
any Petitions of Appeal from any Court of Equity to
be exhibited to this House, do present the same before
the Thirtieth Day of this Instant November; after which
Time, their Lordships do declare, they will receive no
such Petition of Appeal, unless upon a Decree had in
any of the Courts of Equity during this Session; in
which Case, the Party who shall find himself aggrieved,
may bring his Petition of Appeal within Fourteen Days
after such Decree is made: It is further ORDERED,
That this Order be published in Print, and affixed to
the Doors of this House, to the End all Persons concerned may take Notice thereof, and observe it accordingly.
Jenkins, Dep. Sheriff of Monmouth, released.
Upon reading the Petition of Francis Jenkins, Deputy Sheriff of the County of Monmouth, now Prisoner,
as a Delinquent, in the Custody of the Gentleman Usher
of the Black Rod, for not doing his Duty in securing
some Papists at Monmouth Sessions; who humbly begged
Pardon of this House for his said Offence, and received
the Reprehension of the House upon his Knees:
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the said Jenkins be, and is
hereby, discharged from his present Restraint, paying his
Fees; and this shall be a sufficient Warrant on that
Behalf.
To Sir Edw. Carteret, Gentleman Usher of
the Black Rod attending this House, his
Deputy and Deputies, and every of them.
Sir E. Turner versus Ly. Turner.
Upon hearing Counsel at the Bar, upon the Petition
and Appeal of Sir Edward Turner Knight, and Anne
Gardner Widow, formerly the Wife of Wm. Mole
Esquire, from a Decree made in the Court of Chancery,
on the Behalf of Dame Mary Turner Widow, against
the Petitioners, concerning the Delivery of Deeds of a
certain Annuity or Rent Charge of £.300 per Annum to
the said Dame Mary Turner, as in the said Petition is
set forth; as also upon the Answer of the said Dame
Mary Turner put in thereunto:
After due Consideration had of what was offered by
the Counsel on either Part thereupon, and hearing the
Opinion of most of the Judges, "That inasmuch as
the Estate in Question was an Interest for Years; and if
the said Dame Mary Turner had had the Estate in Law
in the said £.300 per Annum, her Husband might
have assigned the same; and there being no Agreement that he should not have a Power to dispose of
the Trust thereof, the said Trust devolved upon him,
and he had Power in Equity to assign the said Trust,
and a Court of Equity ought to make it good, and
the Deeds ought not to be taken away from the
Assignee who is entitled to the Estate, by which he
might defend his Right:"
It is thereupon ORDERED and Adjudged, by the
Lords Spiritual and Temporal in Parliament assembled,
That the said Decree, from which the Petitioners Sir
Edward Turner and Anne Gardner aforesaid have appealed, be, and is hereby, reversed.
Appeals to be heard in the Afternoons.
It being moved, "That the House sit in the Afternoons, to hear Private Causes:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all Persons who
are concerned upon any Petitions of Appeal depending
before their Lordships, wherein Counsel have been
appointed to be heard, be, and are hereby, required
to attend, with their Counsel, at Three of the Clock in
the Afternoons on the same Days whereon they have
been so appointed to be heard; and hereof all Parties
concerned are to take Notice, and attend accordingly.
Sir J. Edwards versus Howard.
Upon reading the Petition of Sir John Edwards
Knight, being an Appeal from a Decree made in the
Court of Chancery, the Seventh of July 1679, in a Cause
there depending between Mary Howard Widow, the
Relict of Henry Howard late of Clun, in the County of
Salop, Esquire, deceased, and shewing he hath no other
Relief but before this House, and humbly praying, That
the said Mary Howard may put in her Answer thereunto:
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the said Mary Howard be,
and is hereby, required to put in her Answer to the said
Appeal in Writing, on or before Monday next, being
the 29th Day of this Instant November, at Ten of the
Clock in the Forenoon; whereof the said Sir John Edwards is to cause timely Notice to be given to the said
Mary Howard for that Purpose.
Ducket versus Mildmay.
Whereas there is a Petition and Appeal of Thomas
Ducket depending in this House, to which William Mildmay, Mary Mildmay, Benjamin Whitlock, Thomas Kifford,
John Fisher, and Samuell Brewster, have put in their
Answer; and whereas this House had appointed to hear
Counsel at the Bar, on both Parts, upon the said Appeal and Answer, To-morrow at Nine in the Morning:
It being prayed this Day, by the Petition of the said
Thomas Ducket, "That he may have an Order to
summon such Witnesses, to give in their Evidence in
this Matter, as have been already examined in this
Cause in Chancery; and that the several Letters
writ by the Petitioner to the Lady Hungerford, and
read in Chancery in this Cause by the said William
Mildmay, and the other Respondents, may be produced;" it is ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That all such Witnesses as have been examined viva Voce in this Cause in
Chancery be, and are hereby, required to appear at the
Bar of this House To-morrow at Three of the Clock in
the Afternoon, to be examined to the same Points they
were then examined, and to no other: And it is further
ORDERED, That the said William Mildmay, and the
abovenamed Respondents, do at the same Time produce
all such Letters as have been writ by the said Thomas
Ducket to the Lady Hungerford, which were read at the
said Hearing in Chancery.
Protestant Dissenters.
ORDERED, That the Committee about Protestant
Dissenters do meet To-morrow Morning, at Eight of the
Clock.
ORDERED, That the Committee for inspecting the
Statutes of Recusancy do meet To-morrow Morning, at
Eight of the Clock.
Adjourn.
Dominus Præses Concilii declaravit præsens Parliamentum continuandum esse usque in diem Martis, 23um
diem instantis Novembris, hora nona Aurora, Dominis
sic decernentibus.
Hitherto examined, this 29th of November, 1680, by us,
J. Bridgewater.
Clarendon.
P. Bath & Wells.
Wm. Peterborough.
Tho. Exon.