DIE Mercurii, 26 die Maii.
Domini tam Spirituales quam Temporales præsentes
|His Royal Highness the Duke of Yorke.
Ds. Finch, Ds. Custos Magni Sigilli.
Ds. Thesaurarius Angliæ.
Ds. Custos Privati Sigilli.
L. Great Chamberlain.
Comes Marescallus Angliæ.
Comes St. Albans.
Ds. Arundell de Ward.
Ds. Grey de Wark.
Ds. Howard de Esc.
Ds. Gerard de Brand.
Ds. Berkeley de Strat.
Ds. Butler de M. Park.
Bill concerning Lewis's Estate.
vice lecta est Billa, "An Act for enabling
Trustees to sell Lands, in the Counties of Glamorgan
and Monmouth, for the Payment of the Debts of
William Lewis, deceased, and the Debts and Legacies
of Edward Lewis Esquire deceased, his Son."
vice lecta est Billa, "An Act enabling
Trustees to sell Lands, for Payment of the Debts of
Alexander Davies, deceased."
Bill to continue the one for preventing unnecessary Suits, &c.
vice lecta est Billa, "An Act to revive
and perpetuate a former Act, intituled, An Act
for avoiding unnecessary Suits and Delays."
vice lecta est Billa, "An Act to preserve and
regulate the Fishing in several Rivers of this Kingdom."
Lilly's, &c. Grammar Bill.
vice lecta est Billa, "An Act to enjoin the
teaching of Lillie's and Cambden's Grammer in Free
vice lecta est Billa, "An Act to enable
Charles Cotton Esquire, to sell Lands, for Payment of
Debts, and raising Portions for Younger Children."
The Question being put, "Whether this Bill shall
pass for a Law?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Sir Tymothy Baldwin and Sir William Beversham:
To deliver to them the Bill to enable Charles Cotton
to sell Lands, for Payment of Debts, and raising
Portions for Younger Children; and to desire Concurrence thereunto.
ORDERED, That the Committee for the Bill concerning Highways have hereby Power to meet de Die in
Diem, and to adjourn as they shall see Cause.
Heads to secure the Protestant Religion.
ORDERED, That on Friday the 28th of this Instant
May, the House shall be put into a Committee, to proceed in the Consideration of Heads for a Bill to secure
the Protestant Religion.
Streater versus Roper & al. in Error.
This Day the House did hear Counsel on both Parts
argue the Errors assigned in the Writ of Error brought
by John Streater Plaintiff, and Roper and others Defendants, for reversing a Judgement given in the Court
of King's Bench.
And, after a serious Debate and Consideration
The Question was propounded, "Whether the
Judges shall be heard in this Case?"
And the Question being put, "Whether this
Question shall be put?"
It was Resolved in the Negative.
Then the Question was put, "Whether this Judgement shall be reversed?"
And it was Resolved in the Affirmative.
Protest against reversing the Judgement.
Streater versus Roper & al. in Error.
The Order at large, approved of by the House,
was read, as followeth:
"Upon hearing Counsel on both Parts this Day at
the Bar, to argue the Errors assigned by John
Streater, Plaintiff in a Writ of Error depending in
this House, to which Abell Roper, Francis Tytan,
John Starkey, Thomas Basset, Thomas Collins, and
John Place, are Defendants, concerning a Judgement
given in the Court of King's Bench, for Two Hundred Pounds to be paid by the said John Streater to
the said Abell Roper, Francis Tytan, John Storkey,
Thomas Basset, Thomas Collins, and John Place, upon
a Suit by them the said Abell Roper, Francis Tytan,
John Starkey, Thomas Basset, Thomas Collins, and John
Place, commenced against the said John Streater, concerning the Privilege of printing Law Books: After
due Consideration had of what was offered on either
Part concerning the same, it is Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Letters Patents pleaded
in Bar of the Action brought in the King's Bench
were and are good in Law; and that the said Judgement given in the Court of King's Bench, for the said
Abell Roper, Francis Tytan, John Starkey, Thomas
Basset, Thomas Collins, and John Place, against the
the said John Streater, is therefore erroneous, and
shall be, and is hereby, reversed."
The Tenor of which Judgement, to be affixed to
the Transcript of the said Record, followeth;
"Et postea, scilicet, Vicesimo Tertio Die Januarii,
Anno Regni dicti Domini Regis Vicesimo Quinto,
Transcript. Record. & Processus prædicti, inter Partes
prædictas, cum omnibus ea tangentibus, Prætextu
cujusdam Brevis dicti Domini Regis de Errore corrigend. per prædictum Johannem Streater in præmissis
prosecut. dicto Domino Regi in præsenti Parliamento
apud Westm. a prædicta Curia dicti Domini Regis hic
transmissum suit; prædictusque Johannes Streater in
eadem Curia Parliamenti comparens, diversas Materias pro Erroribus in Recordo & Processu prædict. pro
Revocatione & Adnullatione Judicii prædicti assignavit; ad quas prædicti Abel Roper, Franciscus Tyton,
Johannes Starkey, Thomas Basset, Thomas Collins, &
Johannes Place, qui tam pro dicto Domino Rege quam
pro soipsis sequuntur in eadem Curia Parliamenti prædicti, comparentes, placitaverunt, quod prædict. Assignatio Errorum per præsat. Johannem Streater
assignat. Materiaque in eadem content. minus sufficienter in Lege existunt ad Breve de Error. prædict.
manutenend. & Judicium prædict. reversand.; ad quod
idem Johannes Streater superinde replicavit, & dixit
quod Errores per ipsum superius assignat. Materiaque in iisdem content. sufficienter in Lege existunt
ad Breve suum de Errore prædict. manutenend. &
Judicium prædict. versus ipsum, ut præsertur, in prædicta Curia dicti Domini Regis coram ipso Rege prædict. annihiland. & reversand.; & postea, scilicet,
Vicesimo Sexto Die Maii, Anno dicti Domini Regis
nune Vicesimo Septimo, in prædicta Curia Parliamenti prædicti, visis & per Curiam ibidem diligenter
examinatis & plenius intellectis tam Recordo & Processu
prædict. ac Judicio super iisdem reddit. quam prædictis
Causis & Materiis pro Erroribus superius assignatis &
allegatis, maturaque Deliberatione inde habita, consideratum est per Curiam prædictam Parliamenti prædicti, quod Judicium prædictum revocetur, adnulletur,
& penitus pro nullo habeatur."
Mrs. Denie versus Frazer & al.
Upon reading the Petition and Appeal of Francis
Denies Widow (the Relict and Executrix of Edward
Denies Esquire, the Son of Edward Denies deceased),
Daughter of Sir Thomas Badd Knight and Baronet,
complaining of a Decree made in the Court of Chancery, concerning the Manor of South Shorewell, alias
Westcourt, in the Isle of Wight, on the Behalf of Sir
Alexander Frazer, One of His Majesty's Physicians,
and Bridget Denies an Ideot, Sister to the Petitioner's
late Husband Edward Denies, and other Matters in the
said Appeal set forth, and praying Relief thereupon:
It is ORDERED, That the said Bridget Denies, by
her Guardian and Committee, and Sir Alexander Frazier,
may have a Copy of the said Petition and Appeal; and
they are hereby appointed to put in their Answer, or
respective Answers thereunto, in Writing, at the Bar
of this House, on Wednesday the Second Day of June
next, at Ten of the Clock in the Forenoon; whereof
the said Francis Dennies is to cause timely Notice to be
given to the said Bridget Denies her Guardian and Sir
Alexander Frazier for that Purpose.
D. of Bucks Privilege ;-- Ellis released.
Upon reading the Petition of John Ellis (now in
the Custody of the Serjeant at Arms attending this
House, for arresting Doctor William Jones, menial Servant to the Duke of Bucks, contrary to the Privilege of
Parliament), humbly acknowledging the Fact, for which
he prayeth the Pardon of this House, by reason of
his Innocency in that he know not of the Privilege of
the said Doctor Jones, he having put in Bail to the
It is ORDERED, That the said John Ellis be, and
is hereby, discharged from any further Restraint for
the said Offence (paying his Fees); and this shall be a
sufficient Warrant on that Behalf.
Wright versus Stevenson. in Error.
ORDERED, That this House will hear Counsel at
the Bar, to argue the Errors assigned by Joseph Wright
Esquire, upon a Writ of Error depending in this
House, wherein the said Joseph Wright is Plaintiff, and
Peter Stevenson Defendant, on Monday the 31th of this
Instant May, at Ten of the Clock in the Forenoon;
whereof the said Peter Stevenson is to cause timely
Notice to be given to the said Joseph Wright, or his
Attorney, for that Purpose.
Crispes versus Dalmahoy & al.
Whereas this House had appointed to hear Counsel
in the Cause depending in this House, between Sir
Nicholas Crispe Baronet and others, Plaintiffs, and
Thomas Dalmahoy Esquire and others, Defendants,
It is this Day ORDERED, That this House will hear
Counsel at the Bar, on both Parts, in the said Cause on
Friday next, being the 28th Day of this Instant May,
at Three of the Clock in the Afternoon.
Darrell versus Whitchcott.
ORDERED, That the Counsel which should have
been heard this Day, to proceed in the Cause depending in this House between Marmaduke Darrell Esquire
Plaintiff, and Sir Jeremy Whichcot Baronet Defendant,
shall be heard at the Bar, to proceed in the said Cause,
on Tuesday the First Day of June next, at Ten of the
Clock in the Forenoon.
Squib versus The King, in Error.
Whereas this House had appointed to hear Counsel
further, to argue the Errors assigned on a Writ of
Error depending in this House, wherein Edmond Squib
is Plaintiff, against the King's Majesty, To-morrow
It being alledged, "That His Majesty's Counsel
could not be so soon ready," it is ORDERED, That
this House will hear the said Errors further argued, by
Counsel, on both Parts, at the Bar of this House, on
Wednesday the Second Day of June next, at Ten of the
Clock in the Forenoon; whereof the Defendant of the
said Writ, on His Majesty's Behalf, is to cause timely
Notice to be given to the said Edmond Squib for that
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 27um
diem instantis Maii, hora decima Aurora, Dominis sic