DIE Lunæ, 26 Octobris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Cant.
Epus. Londin.
Epus. Roffen.
Epus. Elien.
Epus. Petrib. |
Joh'es Sommers Miles,
Ds. Custos Magni Sigilli.
Dux Leeds, Ds. Præses.
Dux South'ton.
Dux Schonbergh.
March. Normanby.
Comes Dorset, Ds. Camerarius.
Comes Oxon.
Comes Kent.
Comes Manchester.
Comes Rivers.
Comes Stamford.
Comes Sunderland.
Comes Essex.
Comes Bathe.
Comes Craven.
Comes Sussex.
Comes Maclesfeld.
Comes Radnor.
Comes Warrington.
Comes Bradford.
Comes Rochford.
Viscount Hereford. |
Ds. Lawarr.
Ds. Berkeley B.
Ds. Hunsdon.
Ds. Howard Esc.
Ds. Jermyn.
Ds. Vaughan.
Ds. Culpeper.
Ds. Clifforde.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Granville.
Ds. Cornwallis.
Ds. Arundell Tr.
Ds. Godolphin.
Ds. Herbert Ch. |
PRAYERS.
E. of Warrington introduced.
This Day George Earl of Warrington sat first in Parliament, upon the Death of his Father Henry Earl of
Warrington; and took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes.
Bishop of Ely to preach.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Bishop of
Ely be, and he is hereby, desired to preach before this
House, in the Abbey Church at Westminster, on the Fifth
Day of November next.
Address to the King.
Lords Committees appointed to prepare an Address,
to be presented to His Majesty, upon the Subject-matter of His most gracious Speech to both
Houses of Parliament; and report to the House.
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Dux Leeds, Ds. Præses.
March. Normanby.
Comes Dorset, Ds. Camerarius.
Comes Oxon.
Comes Manchester.
Comes Rivers.
Comes Stamford.
Comes Sunderland.
Comes Essex.
Comes Bathe.
Comes Craven.
Comes Sussex.
Comes Maclesfeld.
Comes Monmouth.
Comes Warrington.
Comes Bradford.
Viscount Hereford. |
Arch. Cant.
Epus. Ely.
Epus. Petrib. |
Ds. Lawarr.
Ds. Hunsdon.
Ds. Howard Esc.
Ds. Jermyn.
Ds. Vaughan.
Ds. Culpeper.
Ds. Clifford.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Godolphin.
Ds. Weston.
Ds. Herbert Ch. |
Their Lordships, or any Five of them; to meet
To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House
of Peers.
Writs of Error brought in.
The Lord Chief Justice of His Majesty's Court of
King's Bench, in the usual Form, brought in Two
Writs of Error:
Charles Heath Plaintiff,
versus
Anne Wade et al. Defendants.
Thomas Walcott Plaintiff,
versus
Car. 11dum nuper Regem Defendant.
Sawrey versus E. of Derby.
Upon reading the Petition of Roger Sawrey Esquire
and Jeremiah Sawrey his Son; shewing, "That, at the
last Assizes held for the County Palatine of Lancaster, a Trial was had, in an Action of Ejectment commenced in the Office of the Pleas of the Court of
Exchequer at Westm'r, brought by Robert Spencer,
upon the Demise of the Right Honourable the Earl
of Derby, against the Petitioners, for the Manor of
Broughton, and other Lands in the said County, whereof the Petitioners, or One of them, have had near
Forty Years quiet Possession; and, upon the said
Trial, a Verdict passed for the said Earl's Lessee, against
the Petitioners; that the Petitioners, by the Rules of
the said Court, have Four Days, within this present
Michaelmas Terme, to move to stay Judgement, and for
a new Trial; and for that Purpose, the Petitioners
caused Notice to be given to the Agents for the said
Plaintiff Spencer, that the Court would be moved on
Saturday last, to stay Judgement, and that the Petitioners might have a new Trial; that some Persons,
Agents for the Plaintiff, gave the Petitioners Counsel
and Solicitors severally Notice, that the Earl of Derby
did insist upon his Privilege; and that, if the Petitioners
moved the Court, the Earl of Derby would complain
to the House of Peers for a Breach of Privilege; and
the Petitioners shew, that, after the Four Days are expired, the Plaintiff may, by the Rules of the Court,
enter up Judgement, and take out Execution, and
turn the Petitioners out of Possession, in case the
Court be not moved; and praying Liberty for their
Counsel to move the said Court, for the Purpose aforesaid:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That if in this Case the
Petitioners, or their Counsel, do move the Court of Exchequer for a new Trial, or in Arrest of Judgement, it
shall not be interpreted to be a Breach of Privilege of
Parliament.
Peer, or his Lessee, Plaintiff in Ejectment, Privilege.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it shall be, and is hereby, referred to the Lords Committees for Privileges, to
consider, that in case a Peer, or his Lessee, being Plaintiff in Ejectment, do recover during Privilege of Parliament, whether it ought to be interpreted a Breach of
Privilege, if the Defendant do move the Court in Arrest of Judgement, for or a new Trial; and report to
the House.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
(videlicet,) vicesimum septimum diem instantis Octobris,
hora decima Aurora, Dominis sic decernentibus.