DIE Sabbati, 8 die Januarii.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| | |
Epus. London.
Epus. Durham.
Epus. Rochester.
Epus. Ely.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Exon.
Epus. Landaff.
Epus. St. Asaph. |
Dux Cumberland.
Ds. Cancellarius.
L. President.
L. Privy Seal.
Duke of Monmouth.
Marq. of Worcester.
L. Chamberlain.
Comes Kent.
Comes Huntingdon.
Comes Bedford.
Comes Suffolke.
Comes Salisbury.
Comes Bridgewater.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Clare.
Comes Manchester.
Comes Rivers.
Comes Stamford.
Comes Winchilsea.
Comes Carnarvon.
Comes Chesterfield.
Comes Thannet.
Comes Scarsdale.
Comes St. Alban.
Comes Clarendon.
Comes Essex.
Comes Bathe.
Comes Carlile.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Shaftesbury.
Comes Guildford.
Comes Feversham.
Comes Hallyfax.
Comes Maclesfeld.
Comes Berkeley.
Comes Conway.
Vicecomes Mordant.
Vicecomes Newport. |
Ds. Ferrers.
Ds. Windsor.
Ds. Wharton.
Ds. Pagett.
Ds. North & Grey.
Ds. Grey de Wark.
Ds. Maynard.
Ds. Howard.
Ds. Herbert.
Ds. Hatton.
Ds. Ward.
Ds. Rockingham.
Ds. Wotton.
Ds. Cornwallis.
Ds. Crewe.
Ds. Arundell T.
Ds. Butler de W. |
PRAYERS.
King versus Fletcher, in Error.
Upon reading the Petition of John King Doctor in
Physic; shewing, "That having obtained a Judgement
in the Court of Common Pleas against Christopher
Fletcher, which is since affirmed in the Court of King's
Bench, the said Christopher Fletcher hath brought the
same into this Court by Writ of Error; upon which
Writ Errors are assigned, and Issue joined; and therefore praying, That a Day may be appointed, to hear
the said Errors argued:"
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That this House will hear the
said Errors argued, by Counsel, at the Bar, on both
Parts, on Thursday the Thirteenth Day of this Instant
January, at Three of the Clock in the Afternoon;
whereof the said John King is to cause timely Notice
to be given to the said Christopher Fletcher for that
Purpose.
Protestant Religion for securing Bill.
The House was put into a Committee, to proceed
further in the Consideration of the Bill for securing
the Protestant Religion.
The House was resumed.
Clauses offered.
The Lord Privy Seal reported, "That the Committee have agreed of some Clauses to be added to
the said Bill, which they have thought fit to refer to
the Judges now present to draw into Form."
Which said Clauses were read, as followeth:
"That no Treaty nor Negotiation with any Foreign Prince or State shall be concluded or
made, but by Commissioners; which shall not
exceed the Number of Nine, to be appointed
by the said Council of Forty-one, and authorized under the Great Seal of England to make
such Treaties; and all such Treaties shall be
signed and sealed by the major Part of the
Commissioners appointed.
"That the Government of Ireland shall be taken
Care of by the said Council of Forty-one;
who have hereby Power and Authority, in
Time of Vacancy, or upon any Misdemeanor
of any Governor or Officer Civil or Military
within the Kingdom of Ireland, to displace
or remove, or fill up such Vacancy; subject to
the Allowance or Disallowance of the next
sitting Parliament of this Kingdom.
"That, in Time of Parliament, the Two Houses
of Parliament shall execute all those Powers
of Treaties, Negotiations, and the Affairs of
Ireland, by themselves or such as shall be
appointed by them, in as full and ample
Manner as by Authority of this Act is appointed for others to do in the Intervals of
Parliament.
"That the Duke of Yorke be banished, during
the King's Life, out of His Majesty's Dominions; and that he live in some Place beyond
the Seas, at least Five Hundred Miles from
England; upon Penalty, that if he shall come
or be found nearer England, his whole Revenue shall be forfeited, seized, and disposed
to the King's Majesty's Use.
"That if any Person shall knowingly receive the
Duke of Yorke in England or Ireland he shall
be adjudged a Traitor; and that it shall be
Treason for the said Duke of Yorke to return into any of His Majesty's Dominions
during the King's Life."
The House agreed to these Clauses.
And ORDERED, That the Judges now present be,
and are hereby, appointed to draw Clauses to be added
to the Bill for securing the Protestant Religion, upon
the Heads this Day reported from the Committee of
the whole House, and agreed unto by this House.
Stead versus Berrier, in Error.
Upon reading the Petition of John Stead; shewing,
"That Elizabeth Barrier hath, by Writ of Error, brought
into this Court a Judgement given for him in the
Court of King's Bench, but hath not assigned Errors
thereupon; and therefore prayeth, that a Day may
be appointed for that Purpose:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Elizabeth
Berrier be, and is hereby, required to assign Errors
upon the said Writ of Error, on or before Thursday
the 13th Day of this Instant January, at Ten of the
Clock in the Forenoon; or else the said Writ of Error
to be void.
Mr. Seymour's Trial appointed.
ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That Saturday the 15th Day
of this Instant January is hereby appointed for the
Trial of Edward Seymour Esquire, upon the Articles
brought up against him by the House of Commons,
whereby he stands charged with several high Crimes
and Misdemeanors.
Message to acquaint H. C. with it.
A Message was sent to the House of Commons, by
Sir John Coel and Sir Tymothy Baldwin:
To let them know, that this House have appointed
the 15th Day of this Instant January, for the Trial of
Edward Seymour Esquire, upon the Articles brought up
against him by the House of Commons this Day Sevennight; and that the Commons may reply, if they
think fit.
Rose Hara versus Crow & Ux.
Upon reading the Petition of Rose Hara Widow,
shewing, "That John Crowe and Elizabeth his Wife,
who, by Order of the 23th of November last, were
required to put in their Answer or Answers to her
Appeal depending in this House against them, were
duly served with the said Order, but have not obeyed
the same; and therefore prayeth a Hearing upon her
said Appeal:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John
Crow and Elizabeth his Wife be, and are hereby, required peremptorily to put in their Answer or Answers
to the said Appeal, at the Bar of this House, on or
before Saturday the Twenty-ninth Day of this Instant
January, in order to a Hearing of the said Cause at
the Bar; and hereof the said Rose Hara is to cause
timely Notice to be given to the said John and Elizabeth
Crow for that Purpose.
Williams versus Herbert.
Whereas there is an Appeal of Roger Williams Esquire depending in this House:
It being moved, "That in regard the said Roger
Williams is very aged, and not in Town, That John
Williams Esquire may be Security for him, according
to the Order of the 20th of November last:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John
Williams be, and is hereby, admitted to enter into Recognizance of One Hundred Pounds to the King's Majesty, that the said Appellants shall pay such Costs to
the Defendant in the said Appeal as this Court shall
appoint, in case the Decree appealed from shall be
affirmed by this House.
Collop versus Jeoffreys & al.
Upon reading the Petition of William Collop; shewing,
"That he having an Appeal depending in this House,
to which John Jeoffreys, John Stephenson, James Metham, and Thomas Goston, have put in their Answers;
and praying a Day may be appointed for hearing
thereof:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Cause shall
be heard, by Counsel, at the Bar, on both Parts, on
Tuesday the 25th Day of this Instant January, at Three
of the Clock in the Afternoon; whereof the said William
Collop is to cause timely Notice to be given to the said
John Jeoffreys, John Stephenson, and the other Respondents, for that Purpose.
Bampfield versus Vaughan.
Upon reading the Petition of Hugh Vaughan and John
Vaughan, Respondents, to the Petition of Appeal of
Warwick Bampfeild; shewing, "That, by Consent of
each Party, it is desired that the Hearing of the said
Cause, which was appointed to be on Saturday next,
may be put off for some longer Time:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Cause be,
and is hereby, appointed to be heard, by Counsel on
both Sides, at the Bar of this House, on Thursday the
Third Day of February next, at Three of the Clock
in the Afternoon; whereof the said Hugh and John
Vaughan are to cause Notice to be given to the said
Warwick Bampfeild for that Purpose.
Wainwright, Debtor in The King's Bench Prison, to be discharged by the Justiecs of the Peace.
Whereas, upon reading the Petition of James Waynwright, Prisoner in The King's Bench for Debt and Damages; complaining, "That having satisfied his Creditors as far as he was able, and having sought for a
Release of his Imprisonment from the Justices of
Peace for the County of Surrey, which was denied
him, as also by the Judges of the Court of King's
Bench, the said Petition was referred by this House
to the Consideration of Mr. Justice Windham and
Mr. Justice Charlton; who have thereupon certified,
that the said James Waynwright may be relieved upon
the First Act made for Relief of Poor Prisoners in
1671, as by the said Certificate appeareth:"
It is thereupon ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That the
Justices of Peace for the County of Surrey, to whom
the said James Wainwright shall apply himself for Relief in the Case in his said Petition set forth, be, and
are hereby, authorized and required to proceed in the
Case of the said James Wainwright, according to the
Tenor and Directions of the said Act upon which the
said Judges Certificate is grounded.
ORDERED, That the Committee for the Bill for
encouraging of Protestant Strangers, do meet on Monday
Morning.
The Question was put, "Whether this House
shall be adjourned to Four of the Clock this
Afternoon?"
It was Resolved in the Affirmative.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus
instantis diei hora quarta, Dominis sic decernentibus.
Post meridiem.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| | |
Epus. Durham.
Epus. Rochester.
Epus. Ely.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Exon.
Epus. Landaff. |
Ds. Cancellarius.
L. Privy Seal.
Duke of Monmouth.
Comes Bedford.
Comes Suffolke.
Comes Salisbury.
Comes Bridgewater.
Comes North'ton.
Comes Rivers.
Comes Clarendon.
Comes Essex.
Comes Carlile.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Maclesfeld.
Comes Berkeley.
Vicecomes Mordant.
Vicecomes Newport. |
Ds. Windsor.
Ds. Wharton.
Ds. North & Grey.
Ds. Howard Esc.
Ds. Ward.
Ds. Colepeper.
Ds. Rockingham.
Ds. Cornwallis.
Ds. Crewe.
Ds. Arundell T. |
PRAYERS.
Noys & al. versus Sir P. Fortescue.
Upon hearing Counsel this Day at the Bar, upon
the Petition of William Noye, Humphrey, Sarah, Honor,
and Prudence Noye, being an Appeal from a Decree
and Dismission made in the Court of Chancery, on
the Behalf of Sir Peter Fortescue, and Dame Amy his
Wife, Relict and Executrix of Sir Peter Courtney, concerning some Lands in the County of Cornwall, late
the Lands of Sir Peter Courtney deceased, and also
from the said Dismission; as also upon the Answer of
the said Sir Peter Fortescue, and Dame Amy his Wife,
put in thereunto:
After due Consideration had of what was offered by
Counsel on either Side thereupon, it is ORDERED and
Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree and Dismission
of the Court of Chancery, complained of in the Petition and Appeal of the said William Noye, Humphrey,
Sarah, Honor, and Prudence Noye be, and are hereby,
confirmed; and that the said Appeal be dismissed this
House: And it is further ORDERED, That it be recommended to the Court of Chancery, to give Leave to
the said Humphrey, Sarah, Honor, and Prudence Noye, to
redeem the Mortgage mentioned in the said Decree.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, decimum
diem instantis Januarii, hora decima Aurora, Dominis
sic decernentibus.