DIE Sabbati, 26 die Januarii.
Domini tam Spirituales quam Temporales præsentes
|Royal Highness the Duke of Yorke.
Johannes Ds. Robertes, Custos Privati Sigilli.
Robertus Comes Lyndsey, Magnus Camerarius Angl.
Vicecomes Say et Seale.
|Ds. Arlington, One of the Principal Secretaries of State.
Ds. Berkley de Berkley.
Ds. Willoughby de Parham.
Ds. Gerard de Bromley.
Ds. Arundell de Warder.
Ds. Howard de Charlt.
Ds. Grey de Warke.
Ds. Howard de Esc.
Ds. Herbert de Cherb.
Ds. Berkley de Strat.
Ds. Arundell Trerice.
This Day the Lord Privy Seal sat Speaker, in the
Absence of the Lord Chancellor.
The Earl of Bridgwater reported, "That the Committee have considered of the Bill for selling of a
Messuage in Cheswick, for Payment of the Debts of
Edward Russell Esquire; and it appeared to the Committee, that the passing of this Bill will be much
Advantage to the Estate of the Heir: Therefore the
Committee are of Opinion that this Bill is fit to pass
as it is, without any Amendments."
vice lecta est Billa, "An Act for selling a
Messuage in Chiswick, for Payment of the Debts of
Edward Russell Esquire."
The Question being put, "Whether this Bill shall
It was Resolved in the Affirmative.
Bill of Supply.
vice lecta est Billa, "An Act for granting
the Sum of Twelve Hundred Fifty-six Thousand
Three Hundred Forty-seven Pounds, Thirteen Shillings, to the King's Majesty, towards the Maintenance
of the present War."
ORDERED, That the Consideration of this Bill is committed to a Committee of the whole House.
To this Purpose, the House was presently adjourned
into a Committee.
The House being resumed;
The Earl of Bridgwater reported, "That the Committee of the whole House have considered of the
Bill of Assessment; and return it as fit to pass, without any Amendments or Alterations."
ORDERED, That this Bill shall be read the Third
Time on Monday Morning next, the First Business.
Ld. Willoughby takes his Seat.
Memorandum, That this Day William Lord Willoughby
of Parham presented his Writ of Summons for his sitting
in Parliament, upon Descent, after the Death of his
Brother Francis Lord Willoughby; and accordingly took
his due Place.
Report concerning French Merchants Goods seized, for being imported contrary to the King's Proclamation:
Next, the Earl of Dorsett reported, "That the Committee have examined the several French Merchants
sworn Yesterday; and they have answered punctually
to the respective Votes of the House of Commons,
in which they have given full Satisfaction to the Committee:
"1st, That the Goods in Question were the proper
Goods of Englishmen, and no Part belonging to any
of His Majesty's Enemies.
"2dly, That the said Goods were the Product of
English Commodities, and native Growth, and not for
Money sent out of England for them.
"3dly, That the said Goods were the first of them
laden the 24th of October last, Stilo Novo; and the last
the 30th of November, Stilo Novo.
"Lastly, That divers Persons were ready, to the
Number of Twenty and upwards, to have been examined, and have given the same Satisfaction to their
Lordships as the others did; but, by reason their
Lordships conceived themselves bound up by the Order of this House, not to examine any more than
were in the said Order, they could not proceed with
them as they did with the other; but they being a
Part of the List wherein the Ladings and Goods of
others were mentioned, and a more considerable one,
as being the better Half, their Lordships did conceive
them fit Objects of their Commiseration as well as the
other, because that they had only the Misfortune of
coming too late to be sworn with the rest, not any
Ways through their own Default."
Hereupon this House ORDERED, That these Persons
should be sworn at this Bar, and be examined by the
said Committee as the former Merchants were Yesterday, to the same Intents, and upon the same Grounds;
and the Committee is to meet this Afternoon, at Four of
And accordingly these Persons following were sworn
at the Bar:
Witnesses concerning it to be examined.
Arnold & Elias Bcake.
Robert Bendish, for himself and Abraham Castle and Company.
Nicholas Hayward, on Behalf of John Wadlowe.
John Stone p Vicars.
ORDERED, That the Lord Willoughby of Parham is
added to the Committee of Privileges, and the Lord Tenham is added to the Committee for French Merchants.
Ld. Mordant's Trial.
This Day being appointed to hear the Cause concerning the Lord Viscount Mordant, upon the Impeachment of the House of Commons, in their own Names,
and of all the Commons of England, against him, of High
Crimes and Misdemeanors; divers Members of the House
of Commons were present at the Bar, to manage the
Evidence on Behalf of the House of Commons.
The Lord Viscount Mordant sitting on the Form near
the Bar uncovered; Sir Robert Atkins, One of the Managers, desired the Impeachment of the House of Commons against the said Lord Viscount Mordant might be
read; which was accordingly done.
After which, Sir Rob't Atkins said, "He did observe,
that the Lord Viscount Mordant (the Person impeached) did sit in this House as a Judge, which he
excepted against, and did also except against the Lord
Viscount Mordant's having Counsel at the Bar, to make
his Defence; which, he said, was contrary to former
Precedents, as that of the Earl of Middlesex, Lord
Treasurer, 21 Jac. and that of Michaell De la Poole,
in R. II. Time, who answered for himself."
Upon this, the House commanded the Company to
withdraw, to take this Business into Consideration.
Committee to search Precedents, concerning Trials of Peers for Misdemeanors.
And their Lordships considering of the Precedents
cited by the Members of the Commons, especially that
of the Earl of Middlesexe, which the House inspected in
the Journal, the Precedent being read; and also the
House considering of a Standing Order of this House,
made within One Month after the Case of the Earl of
Midd. for allowing of Counsel in making of Defence in
Cases of Misdemeanors; and after a serious Consideration hereof:
It is ORDERED, That the Committee for Privileges do
meet this Afternoon, to search Precedents, concerning
the Demeanor of a Peer at the Time of his Defence,
being impeached by the House of Commons for Misdemeanors, and concerning Counsel to be allowed to a
Peer impeached for Misdemeanors; and to report on
Monday Morning next.
The Members of the House of Commons were called
in; and the Speaker told them, "That the Lords have
taken into Consideration those Two Things proposed
by them; but being not yet come to a Resolution therein, the House of Commons shall hear further from
their Lordships on Monday next."
Dominus Custos Privati Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 28um diem instantis Januarii, hora nona Aurora,
Dominis sic decernentibus.