DIE Martis, 9 Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| | |
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. St. David's.
Epus. Oxon.
Epus. Ely.
Epus. Norwich.
Epus. Peterborough.
Epus. Lincolne. |
Dux Cumberland.
Ds. Præses.
Dux Norfolke.
Dux Somersett.
Dux Southampton.
Dux Northumberland.
Dux Bolton.
March. Halifax.
Ds. Senescallus.
Comes Oxford.
Comes Derby.
Comes Bedford.
Comes Pembroke.
Comes Suffolke.
Comes Bridgewater.
Comes Clare.
Comes Bullingbrooke.
Comes Westmorland.
Comes Manchester.
Comes Mulgrave.
Comes Rivers.
Comes Stamford.
Comes Carnarvan.
Comes Chesterfeild.
Comes Sunderland.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Craven.
Comes Ailesbury.
Comes Feversham.
Comes Maclesfeild.
Comes Radnor.
Comes Nottingham.
Comes Rochester.
Comes Portland.
Comes Fauconberg.
Comes Montagu.
Viscount Weymouth.
Viscount Sidney.
Viscount Villiers. |
Ds. Willoughby Er.
Ds. Dela Ware.
Ds. Morley.
Ds. Fitz Walter.
Ds. Wharton.
Ds. Howard Eff.
Ds. Chandos.
Ds. Sidney.
Ds. Lovelace.
Ds. Maynard.
Ds. Jermyn.
Ds. Byron.
Ds. Vaughan.
Ds. Culpeper.
Ds. Clifford.
Ds. Lucas.
Ds. Lexington.
Ds. Cornwallis.
Ds. Crew.
Ds. Carteret.
Ds. Godolphin.
Ds. Cholmondley.
Ds. Ashburnham. |
PRAYERS.
Hildeyard's Bill.
Hodie 3a
vice lecta est Billa, intituled, "An Act for
the better vesting and settling the Manor of East
Horsley, in Surrey, in Trustees, to be sold, for Payment of the Debts of Phillip Hildeyard Esquire."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Sir John Hoskyns and Sir John Francklyn:
To carry down the said Bill, and desire their Concurrence thereunto.
Low Wines, &c. Duty, Bill.
Hodie 1a
vice lecta est Billa, intituled, "An Act for
the better ordering and collecting the Duty upon low
Wines and strong Waters, and preventing the Abuses
therein."
D. of Leinster, Nat. Bill.
Then the Amendments to the Bill, intituled, "An
Act for naturalizing of Mainhardt Duke of Leinster,"
being read Twice, were agreed to.
Message to H. C. that the Lords agree to Amendments in it.
A Message was sent to the House of Commons, by
Sir John Hoskyns and Sir John Francklyn:
To let them know, the House hath agreed to their
Amendments to the said Bill.
Dodd versus Burrowes.
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That this House will hear the
Cause wherein Thomas Burrows is Plaintiff, Anne Dod
and others Defendants; and the Cause wherein Anne
Dod and others are Plaintiffs and Thomas Burrows Defendant, on Tuesday the Sixteenth Day of this Instant
February, at Ten of the Clock in the Forenoon; and
that Mr. Justice Eyre do then attend.
Penry versus Walker.
Upon hearing Counsel this Day, at the Bar, upon
the Petition of Elizabeth Penry, the Widow of Rice
Penry, deceased, Charles Penry, Elizabeth Penry, and
Mary Penry, the Children of Rice Penry, and under
Age, by their Guardians, Sir John Powell Knight One
of the Justices of the Court of Common Pleas, Charles
Hughes, and John Walker Esquire, Trustees for the said
Children, from a Decree made in the High Court of
Chancery on the First Day of July, One Thousand
Six Hundred and Ninety; as also upon the Answer
of Thomas Walker Esquire, and Elizabeth his Wife,
Katherine Games, and Florence Lucy Widow; which
Elizabeth, Katherine, and Florence, are the Sisters and
Coheirs of John Games, deceased, put in to the said
Petition:
After due Consideration had of what was offered by
Counsel upon the said Petition and Answer, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition
and Appeal of Elizabeth Penry Widow shall be, and
is hereby, dismissed this House; and that the Decree
complained of in the said Petition shall be, and is
hereby, affirmed.
Message to H. C. to return the Bill for Punishment of Offenders.
A Message was brought from the House of Commons,
by Mr. Solicitor and others:
Who returned the Bill, intituled, "An Act to take
away Clergy from some Offenders, and to bring
others to Punishment;" and to acquaint the House,
that the Commons have agreed to their Lordships
Amendments to their Amendments.
Beap'e versus Gay.
Upon reading the Petition of Thomas Beaple, Executor of Richard Gay; complaining of an Order of this
House of the Seventeenth of December, One Thousand
Six Hundred Ninety-one, made upon the Petition
of Martha Gay, ex Parte, upon untrue Suggestions
therein, reflecting upon the Commissioners for the
Custody of the Great Seal, and to order that Security
should be entered into, in Two Thousand Pounds, in
the Court of Chancery, and that the Chancery should
direct the same to be done accordingly; and praying,
"That the said Martha Gay, and her Solicitor Mr.
Ford, may attend the House:"
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the said Martha Gay,
and Mr. Edward Ford her Solicitor, do attend this
House on Thursday next, at Ten of the Clock in the
Forenoon, to give an Account of the Proceedings in
this Case; and that the taking of the said Security for
Two Thousand Pounds is hereby respited, until the
House hath had an Account of the Proceedings in the
Court of Chancery.
Mordaunt versus Keck.
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That this House will hear the
Causes; one, wherein Sir John Mordant Baronet is
Appellant, and Sam'll Keck Respondent; as also the
Cause wherein Sarah Bayly is Appellant, and Anne
Robson Widow and others Respondents, on Friday the
Nineteenth Day of this Instant February, at Ten of the
Clock in the Forenoon.
Mutiny Bill.
The Earl of Bridgewater reported the Amendments
made by the Committee of the whole House to the
Bill, intituled, "An Act for the punishing of Mutineers and Deserters, preventing false Musters, and
paying the Army according to the Musters of Effective Men, and for the better paying of Quarters."
Which were read Twice, and agreed to; and ORDERED, That the said Bill be read the Third Time Tomorrow Morning, the First Business.
Public Accompts, for examining, &c. Bill.
Then the House went into the Debate of the Free
Conference had Yesterday with the House of Commons,
upon the Bill, intituled, "An additional Act for appointing and enabling Commissioners to examine,
take, and state, the Public Accompts of the Kingdom."
And, after Debate thereupon,
Lords adhere to their Amendments.
This Question was put, "Whether this House
shall agree with the House of Commons?"
It was Resolved in the Negative.
Then, after further Debate,
This Question was put, "Whether this House
will adhere to their Amendments?"
It was Resolved in the Affirmative.
Message to H. C. for a Conference about it.
A Message was sent to the House of Commons, by
Sir John Hoskyns and Sir John Francklyn:
To desire a Free Conference, To-morrow, at One of
the Clock in the Afternoon, upon the Subject-matter of
the last Free Conference, in the Painted Chamber.
Dodsworth versus Roberts.
Whereas by virtue of Their Majesties Writ of Error,
returnable in the House of Peers in Parliament assembled, a Record of the Court of King's Bench was
brought into this House, the Eighteenth Day of December, One Thousand Six Hundred Ninety-one,
wherein Judgement is entered for George Roberts against
Christopher Dodsworth; Counsel appearing this Day for
the Defendant George Roberts in the Writ of Error,
but no Counsel appearing for the Plaintiff Christopher
Dodsworth:
It is this Day ORDERED and Adjudged, by the
Lords Spiritual and Temporal in Parliament assembled,
That the Judgement given in the Court of King's Bench,
and the Affirmation thereof in the Exchequer Chamber,
given for the said George Roberts against the said Christopher Dodsworth, shall be, and is hereby, affirmed:
And it is further ORDERED, That the said Christopher
Dodsworth shall pay, or cause to be paid, unto the said
George Roberts, the Sum of Twenty Pounds, for his
Costs sustained in defending the said Writ of Error in
this House.
The Tenor of which Judgement to be affixed to
the Transcript of the said Record:
"Postea, fcilicet, Decimo Octavo Die Decembris,
Anno Regni Domini Gulielmi et Dominæ Mariæ nunc
Regis et Reginæ Angl. &c. Tertio, Transcript. Record. et Process. præd. inter Partes præd. de Placitis
præd. Prætextu cujusdam Brevis (fn. *) Dominl Regls et
Dominæ Reginæ de Errore corrigend. per præfat.
Xpoferum Dodsworth in Præmiss. prosecut. dictis
Domino Regi et Dominæ Reginæ in præsenti Parliamento apud Westm. a præd. Cur. dictorum Domini
Regis et Dominæ Reginæ transmissum fuit; prædictusque Xpoferus Dodsworth, in eadem Cur. Parliamenti comparens, diversas Materias pro Error. in Record. et Process. præd. pro Revocatione et Adnullatione Judicii præd. habend. assign.; ad quod præd.
Georgius Roberts, in eadem Cur. Parliamenti præd.
comparens, placitavit, quod nec in Record. et Process. præd. nec in Redditione Judicii præd. nec in
Affirmatione ejusdem, in ullo est Erratum. Et postea, scilicet, Die Martis, Nono Die Februarii, Anno
Tertio Domini Gulielmi et Dominæ Mariæ Regis et
Reginæ supradict. vis. et per Cur. Parliamenti præd.
diligenter examinat. et plenius intellect. tam Record.
et Process. præd. quam Judic. superinde reddit. ac
præd. Caus. et Mater. per præd. Xpoferum Dodsworth superius pro Error. assign. cons. est per Cur.
Parliamenti præd. quod Judicium præd. in omnibus
affirmetur, et in omni suo Robore stet et Effectu,
dictis Causis et Materiis superius pro Error. assign.
in aliquo non obstan. Et ulterius per eandem Cur.
Parliamenti præd. cons. est, quod præd. Georgius Roberts recuperet versus præd. Xpoferum Dodsworth
Vigint. Libr. eidem Georgio Roberts ad Requisitionem
suam, pro Mis. et Custag. suis, quæ sustin. tam Occasione Dilationis Executionis Judicii prædict. Prætextu
Prosecution. præd. Brevis de Error. secundum Form.
Statut. adjudicat. Ac superinde Record. et Process.
præd. Cur. dictorum Domini Regis et Dominæ Reginæ per Cur. Parliamenti præd. coram ipsis Rege
et Regina ubicunque, &c. remitt. et in eadem Cur.
dictor. Domini Regis et Dominæ Reginæ jam residen. &c.
Duke and Dutchess of Norfolk.
The Counsel for the Duke and Dutchess of Norfolke
were called in.
And then Mr. Welborne's Evidence was read; he being the last Day directed to put it in Writing.
And the Counsel for the Duke called in several Persons, who gave in their Evidence on his Behalf.
Then the Counsel withdrew; and the Lords made
the following Order:
"After hearing Witnesses this Day on the Behalf of
his Grace the Duke of Norfolke, it is ORDERED, by
the Lords Spiritual and Temporal in Parliament assembled, That the Counsel for his Grace the Duke of
Norfolke, as also the Counsel for her Grace the
Dutchess of Norfolke, shall be heard on Thursday
next, at Twelve of the Clock, to sum up the Evidence on either Side; and that Mrs. Sawbridge and
Mrs. Stourton do then attend, to be heard."
Adjourn.
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de
Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, (videlicet,) decimum diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.