House of Lords Journal Volume 15: 14 November 1692

DIE Lunæ, 14 die Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

House to be called.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be called on Monday the One and Twentieth Day of November Instant, at Ten of the Clock in the Forenoon.

Meyrick versus Hughs.

Upon reading the Petition and Appeal of Edmund Meyrick Esquire and Elizabeth his Wife, Richard Kysfin Esquire and Jane his Wife, from an Order of Dismission made in Chancery, by Sir John Trevor then Master of The Rolls, the Seventh Day of May, in the Fourth Year of the Reign of the late King James the Second, in a Cause there depending, between the Appellants Complainants, and Charles Hughs and Anne Harding Defendants; and praying the Reversal of the said Order:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Charles Hughs and Anne Harding may have a Copy of the said Petition; and be, and they are hereby, required to put in their Answer or respective Answers thereunto, in Writing, on Monday the Fifth Day of December next, at Ten of the Clock in the Forenoon.

Hale versus Dashwood.

Whereas To-morrow was appointed for hearing the Cause wherein Thomas Hale is Plaintiff, and Sir Samuel Dashwood and others Respondents:

The House being this Day moved, by the Consent of all Parties, "That a further Day may be appointed for hearing thereof;" it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Monday the Eight and Twentieth Day of this Instant November, at Ten of the Clock in the Forenoon.

Killegrew, King's Servant, versus Joyner, for arresting him."

Upon reading the Petition of William Killegrew; shewing, "That he, being a Gentleman of the Privy Chamber to His Majesty, and in actual Waiting, was, on or about the Ninth Day of August last (without Leave from the Lord Chamberlain), arrested, by one Sparks a Serjeant of The Poultry Compter, in an Action of One Hundred Pounds, at the Suit of Abraham Beake, whose Name was used for Thomas Joyner a pretended Creditor; and praying Relief herein:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition, shall be, and is hereby, referred to the Lords Committees for Privileges.

Muschamp versus Burton.

Upon reading the Petition and Appeal of Henry Muschamp, for setting aside the Enrolment of a Decree supposed to be pronounced by the Lord Chancellor Nottingham, the Eleventh Day of November One Thousand Six Hundred Seventy-eight, wherein the now Respondent Phillip Burton and others were Plaintiffs; and praying, that all the Proceedings founded upon the said Enrolment and supposititious Decree may be set aside:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Phillip Burton may have a Copy of the said Petition and Appeal; and shall be, and is hereby, required to put in his Answer thereunto, in Writing, on Monday the One and Twentieth Day of this Instant November, at Ten of the Clock in the Forenoon.

Commitment of the E. of Huntingdon and Marlborough, upon Warrants for Treason and Complaint of the E. of Scarsdale.

The Order was read, for putting the House into a Committee, upon the Grounds of the Commitment, and continuing under Bail of the Earl of Huntingdon, and the Earl of Marlborough, and the Complaint of the Earl of Scarsdale, and the Resolution drawn by the Committee.

Then the House was adjourned during Pleasure, and put into a Committee thereupon.

And, after some Time spent therein, the House was resumed.

And the Lord Cornwallis reported the Resolution, as now amended, and agreed to by the Committee.

Which was read, with the Amendments and Additions made to it.

And, after Debate thereupon,

The Question was put, "Whether to agree with the Committee of the whole House in this Resolution?"

It was Resolved in the Affirmative.

Resolution concerning the Commitment of Persons for Treason and Felony, and bailing them.

Whereas, by the Statute 31° Car. II^di, intituled, "An Act for the better securing the Liberty of the Subject and Prevention of Imprisonment beyond the Seas," it is Provided and Enacted, "That if any Person or Persons shall be committed for High Treason or Felony, plainly and specially expressed in the Warrant of Commitment, upon his Prayer or Petition in open Court the First Week of the Term, or First Day of the Sessions of Oyer and Terminer, or General Gaol Delivery, to be brought to his Trial, shall not be indicted some Time the next Term, Sessions of Oyer and Terminer, or General Gaol Delivery, after such Commitment; it shall and may be lawful to and for the Judges of the Court of King's Bench, and Justices of Oyer and Terminer, or General Gaol Delivery, and they are hereby required, upon Motion to them made in open Court, the last Day of the Term, Sessions, or Gaol Delivery, either by the Prisoner, or any One in his Behalf, to set at Liberty the Prisoner upon Bail, unless it appear to the Judges and Justices, upon Oath made, that the Witnesses for the King could not be produced the same Term, Sessions, or General Gaol Delivery; and if any Person or Persons committed as aforesaid, upon his Prayer or Petition in open Court, the First Week of the Term, or First Day of the Session of Oyer and Terminer and General Gaol Delivery, to be brought to his Trial, shall not be indicted and tried the Second Term, Sessions of Oyer and Terminer, or General Gaol Delivery, after his Commitment, or upon his Trial shall be acquitted, he shall be discharged from his Imprisonment:"

It is now Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That it is the Duty of the Judges of the Court of King's Bench, and Justices of Oyer and Terminer, and General Gaol Delivery, in Pursuance of the said Statute, to set at Liberty the Prisoner upon Bail, if committed for High Treason, unless it be made appear upon Oath, that there are Two Witnesses against the said Prisoner, who cannot be produced that Term, Sessions, or General Gaol Delivery: And it is hereby further Resolved, That in case there shall be more than One Prisoner to be bailed or remanded, it is the Intention of the said Statute, that there must be Oath made that there are Two Witnesses against each of such Prisoners, in order to remand them respectively.

E. of Huntingdon, E. of Marlborough, E. Scarsdale, & al.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Complaint of the Earl of Scarsdale, and the Commitment of the Earl of Huntingdon and the Earl of Marleborough, and their being continued under Bail, shall be considered Tomorrow, at Ten of the Clock in the Forenoon; and no other Business to intervene.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, (videlicet,) 15^um diem Novembris, hora decima Aurora Dominis sic decernentibus.