DIE Lunæ, 28 die Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| His Royal Highness the Duke of Yorke. |
Arch. Cant.
Arch. Eborac.
Epus. London.
Epus. Winton.
Epus. Ely.
Epus. Lyncolne.
Epus. Norwich.
Epus. Chester.
Epus. Exon.
Epus. Carlile.
Epus. Rochester. |
Johannes Ds. Robertes, Custos Privati Sigilli.
Dux Bucks.
Marq. Winton.
Marq. Dorchester.
RobertusComes Lyndsey, Magnus Camerarius Angl.
Comes Oxon.
Comes Shrewsbury.
Comes Kent.
Comes Bedford.
Comes Lyncolne.
Comes Suff.
Comes Dorset.
Comes Bridgwater.
Comes North'ton.
Comes Clare.
Comes Dover.
Comes Petriburgh.
Comes Chesterfeild.
Comes Scarsdale.
Comes Essex.
Comes Cardigan.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylsebury.
Comes Burlington.
Vicecomes Say et Seale.
Vicecomes Conway.
Vicecomes Mordant. |
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Awdley.
Ds. Berkley de Berkley.
Ds. Eure.
Ds. Willoughby de Parham.
Ds. Chandos.
Ds. Petre.
Ds. Gerard de Bromley.
Ds. Arundell de Warder.
Ds. Tenham.
Ds. Howard de Charlt.
Ds. Grey de Warke.
Ds. Lovelace.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Herbert de Cherb.
Ds. Newport.
Ds. Byron.
Ds. Carrington.
Ds. Ward.
Ds. Lucas.
Ds. Bellasyse.
Ds. Rockingham.
Ds. Berkley de Strat.
Ds. Cornwallis.
Ds. Delamer.
Ds. Townsend.
Ds. Butler. |
PRAYERS.
This Day the Lord Privy Seal sat Speaker, in the
Absence of the Lord Chancellor.
Kendall's Bill.
Hodie 2a
vice lecta est Billa, "An Act to enable a
Sale of Lands, for Payment of the Debts of Henry
Kendall Esquire."
ORDERED, That the Consideration of this Bill is
committed to these Lords following:
|
Comes Kent.
Comes Dorset.
Comes Bridgwater.
Comes Petriburgh.
Comes Anglesey.
Vicecomes Conway.
Vicecomes Mordant. |
Epus. Lyncolne.
Epus. Chester.
Epus. Exon. |
Ds. Awdley.
Ds. Eure.
Ds. Lovelace.
Ds. Coventry.
Ds. Byron.
Ds. Delamer. |
Their Lordships, or any Five; to meet this Afternoon, at Three of the Clock, in the Prince's
Lodgings.
Bill of Supply.
Hodie 3a
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."
The Question being put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message from H. C. with Bills.
A Message was brought from the House of Commons,
by the Earl of Ancram and others; who brought up
Two Bills passed by the House of Commons, to which
they desire their Lordships Concurrence:
1. "An Act for settling the Taxes to be imposed on
the Adventurers Lands lying in Bedford Levell, after
a Pound Rate."
2. "An Act for settling the Estate of the Lord
Norris in Trustees, for the Benefit of the Lord Norris."
A Message was brought from the House of Commons,
by Mr. Prynn and other; who brought up a Bill, passed
the Commons, intituled, "An Act for the Relief of
poor Prisoners, and setting them on Work;" to which
their Lordships Concurrence is desired.
L. Norris' Bill.
Hodie 1a
vice lecta est Billa, "An Act for settling
the Estate of the Lord Norris in Trustees, for the
Benefit of the Lord Norris."
Poor Prisoners Bill.
Hodie 1a
vice lecta est Billa, "An Act for the Relief
of poor Prisoners, and setting of them on Work."
Goodwin versus Isted, in Error.
The Speaker acquainted the House, "That the
Lord Chief Justice of the Court of King's Bench had
a Writ of Error to bring into this House."
And presently thereupon the Lord Chief Justice
brought in the Record, and a Transcript thereof, which
was between Thomas Goodwin Plaintiff, and Ambrose Isted
Defendant.
The said Transcript was presently examined by the
Clerk of the Parliament with the Original Record, at
the Woolsack by the Speaker; which being done, the
Lord Chief Justice carried away the Original Record.
Votes for Relief of French Merchants, whose Goods were seized for being imported contrary to the King's Proclamation.
The Earl of Dorsett reported, "That the Committee
have examined the Remainder of the French Merchants sworn at this Bar on Saturday last, which were
intended to have the Benefit of the Votes of the House
of Commons, for releasing of their Goods brought
from France; and the Committee are fully satisfied,
that they are Persons capable of their Lordships Commiseration, to have the Benefit and Relief of those
Votes to be presented to His Majesty."
Hereupon the House approved and allowed of these
Merchants to have the Benefit of these Votes; and agreed
to join with the House of Commons, in presenting those
Votes to the King for their Relief.
Which said Votes as their Lordships have agreed to
are as follow:
"Resolved, by the Lords Spiritual and Temporal
and Commons in Parliament assembled,
"That both House are satisfied, that the Goods
claimed by several Merchants trading to France, now
in the Ships, in the List annexed, are the proper
Goods of Englishmen; and that no Part of them belong either to French or Dutch, or any of His Majesty's Enemies.
"Resolved, by the Lords Spiritual and Temporal
and Commons in Parliament assembled,
"That the said Goods are the Product and Effects of
English Commodities; and that there was no Money
sent out of England for them.
"Resolved, by the Lords Spiritual and Temporal
and Commons in Parliament assembled,
"That all the said Goods were laden in October and
early in November last; saving only One Parcel, which
was laden the 30th of November.
"Resolved, by the Lords Spiritual and Temporal
and Commons in Parliament assembled,
"That both Houses are of Opinion, That the Persons concerned in these Goods are fit Objects of His
Majesty's Gracious Favour; and that an Address be
made, to present their sad Condition to His Majesty,
and to intercede for their Relief.
"Resolved, by the Lords Spiritual and Temporal
and Commons in Parliament assembled,
"That Mr. John Wadlow and Mr. Edward Warner,
having made out their Case to be the same with the
other Persons above-mentioned, be included in the
same Address to be made to His Majesty."
Committees of both House to attend the King with them.
To this End and Purpose these Lords following were
appointed Committees for this House, to join with a proportionable Number of the House of Commons, to present the aforesaid Address to His Majesty:
|
Comes Dorset.
Comes Bridgwater. |
Epus. Exon.
Epus. Rochester. |
Ds. Arlington.
Ds. Lucas. |
The Lord Arlington was appointed to wait upon the
King, from this House, to know what Time His Majesty will please to appoint, for these Select Committees
of both Houses to attend Him, to present this Address
to him.
Message to H. C. about it;--and with Russell's Bill.
A Message was sent to the House of Commons, by Sir
Mundiford Brampston and Sir Walter Littleton:
To acquaint them, that this House hath passed the
Bill for selling a Messuage at Chiswick, for paying the
Debts of Edward Russell Esquire; and that their Lordships have passed the Bill of Assessment; and also to let
them know, that their Lordships do agree in the Votes
concerning the French Merchants, and have appointed
Six Lords, to join with a proportionable Number of the
House of Commons, to present the same to the King:
To that End, their Lordships have sent to the King, to
know what Time He will please to appoint; whereof
their Lordships will give them Notice.
Report concerning Trials for Misdemeanors.
The Earl of Bridgwater reported, "That the Committee for Privileges, in Obedience to their Lordships
Order on Saturday last, have perused several Precedents concerning the Demeanor of a Peer impeached
by the House of Commons for Misdemeanors, and
concerning the allowing of Counsel to Persons so impeached; and, upon Search, their Lordships find
these Precedents following:
"24 March, 1641. The Judges impeached by the
House of Commons, upon their Petition, had Counsel
assigned them, for putting in their Answers, and making their Defence. So, the 17th of February,
1641, the King's Attorney General, Sir Edward Herbert, being impeached by the Commons for Misdemeanors, had several Counsel assigned him; and the 9th
of March, 1641, when his Cause came to Hearing,
Sir Thomas Bedding feild and Sir Thomas Gardiner Recorder of London were committed by this House to The
Tower of London, for refusing to be of his Counsel,
being assigned.
"Another Precedent was the 6th of April, 1642, Sir
George Benyon's Case; who, being impeached by the
Commons for Misdemeanors, had Counsel assigned
him; and his Counsel, and a Committee of the Commons appointed to manage their Evidence, were present the same Time at this Bar when the Cause was
heard.
"So in the Case of Sir Richard Gurney, Lord Mayor
of London, who, upon his Impeachment from the
House of Commons, had Counsel assigned for his Defence the 5th of July 1642; and the 1st of August
he was to attend with his Counsel and Witnesses;
and on the Second of August his Counsel pleaded in
his Defence at this Bar, at which Time a Committee
of Members of the House of Commons were present, and did manage the Evidence against him in
Behalf of the Commons.
"The next Precedent was in the Earl of Bristoll's
Case, charged with Treason by His then Majesty,
who, on the 8th of May, 1626, sent a Message to the
House of Peers, against the allowing of Counsel to
the Earl of Bristol: Whereupon the House made
an humble Address to His Majesty, the 15th of the
same May, wherein they took Notice of their general
Order, made the 28th Day of May, 1624, for allowing
of Counsel to Delinquents, at which Time His Majesty was present in the House as Prince of Wales;
to which Address His Majesty's Answer of the 17th
of May did allow Counsel in all Cases of Misdemeanors, but not in Cases Capital; and yet His Majesty
was pleased, in that particular Case, to allow Counsel,
and observed, That the general Order for Counsel,
dated the 28th of May, 1624, was made upon the
Occasion of former Proceedings against the Earl of
Midd.
"Another Precedent was the Earl of Stamford's Case,
who, being impeached by the Commons for Misdemeanors, made his Defence, by his Counsel, at the
Bar, the 30th of September, 1645, in the Presence of
the Committee of the House of Commons, who managed the Evidence against him; and it appears by
the Presence of Lords that Day, that the Earl of
Stamford was present in the House both Forenoon
and Afternoon.
"As concerning the Precedent urged by the Committee of the Commons of Michaell de la Poole, in
R. II. Time, it appears that he answered in the House,
but no Mention is made of the Bar."
Order concerning L. Mordant's Demeanor at his Trial:
The House entered into a serious Consideration of this
Report, in relation to the Lord Viscount Mordant's Case,
concerning his Demeanor at the Time of his Defence
upon his Impeachment for Misdemeanors; and the House
ORDERED, That the lower Baron's Bench should be
removed, and a Stool set near the Bar, where the Lord
Viscount Mordant is to sit uncovered, as a Peer, but not
in the Capacity of a Judge; and that he shall be admitted Counsel for his Defence.
Message to H. C. concerning it.
A Message was sent to the House of Commons, by
Sir Mundiford Brampston and Sir Walter Littleton:
To let them know, that the Lords are now ready to
give an Answer to the Two Demands made by the Committee of the House of Commons on Saturday last, in
the Case of the Proceedings upon the Lord Viscount
Mordant's Impeachment.
Answer.
The Messengers return with this Answer:
That they had delivered their Message to the House
of Commons.
The Committee of the House of Commons being come
to the Bar (the Lord Viscount Mordant sitting on a Stool
near the Bar within uncovered), the Speaker, by the
Direction of this House, told them,
L. Mordant's Manner of Trial.
"That the Lords think fit there should be a Difference in the Proceedings of Cases Capital, and
Crimes and Misdemeanors which are not so; and
therefore have ordered, the Lord Mordant shall not
sit in his Place, but upon a Stool within the Bar, by his
Counsel, uncovered.
"As to the Second Demand, though they find the
Precedent of the Earl of Middlesex be as it is cited,
yet they find, that about a Month after, in the same
Session, there was a solemn Order made by the Lords,
That Counsel should be allowed for the future unto
all Persons; pursuant unto which, they find Counsel
to be assigned by my Lords, who did plead in the
Presence of a Committee of the House of Commons,
on the Behalf of Persons impeached by them; and
those were Sir George Bynion, Sir Richard Gourney
Lord Mayor of London, and the Earl of Stamford;
according unto which, my Lords have ordered, that
the Lord Mordant's Counsel shall be heard, to plead
in his Defence; for which Business their Lordships
are now ready."
Upon this, Sir Robert Atkins, One of the Managers
for the House of Commons, answered, "That he craved
Leave to acquaint the House of Commons with their
Lordships Resolutions, because they receive their Instructions in this Business from the House of Commons:" And so departed.
Bedford Level Tax Bill.
Hodie 1a
vice lecta est Billa, "An Act for settling the
Taxes to be imposed on the Adventurers Lands lying
in Bedford Levell, after a Pound Rate."
Adjourn.
Dominus Custos Privati Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 29um diem instantis Januarii, hora decima Aurora,
Dominis sic decernentibus.