DIE Veneris, 17 die Maii.
Domini præsentes fuerunt:
His Royal Highness the Duke of Yorke.
Ds. Custos Privati Sigilli.
Marq. de Winton.
L. Great Chamberlain.
Viscount Say & Seale.
Viscount de Stafford.
Ds. De la Warr.
Ds. Berkeley de Berkley.
Ds. Darcy et Conyers.
Ds. Howard de Charlt.
Ds. Grey de Warke.
Ds. Howard de Esc.
Ds. Berkley de Stratton.
Serjeants at Arms to keep the Passages to this House clear.
The Lord Chamberlain acquainted the House, "That
he having told the King their Lordships Desire, to
have Two Serjeants at Arms to attend, for the keeping good Order at the Doors of this House; His
Majesty hath accordingly commanded Two Serjeants
at Arms, with their Maces, to attend; and they are
now without, ready to receive their Lordships Orders."
So the House referred it to the Lord Great Chamberlain, to place the said Two Serjeants at Arms, and
Two of the Knight Marshal's Men, at such Places as
be most convenient for the Service of this House.
E. of Dorset's Bill.
vice lecta est Billa, "An Act for settling the
Manors of Knole, Seale, and Kempsing, upon the Earl
of Dorsett, &c."
ORDERED, To be committed to the Consideration of
these Lords following; (videlicet,)
L. Privy Seal.
Ds. Grey de Warke.
Ds. Howard de Esc.
Their Lordships, or any Five; to meet To-morrow,
at Eight of the Clock, in the Lord Chancellor's
Sir William Throckmorton's Nat. Bill.
vice lecta est Billa, "An Act for the Naturalization of Sir Wm. Throckmorton Knight, and Dame
Elizabeth his Wife, with Will. Throckmorton, Thomas Throckmorton, Margarett Elizabeth Throckmorton,
and Dorithy Lucie Throckmorton, Children of the said
Bill for mending Streets and Highways.
vice lecta est Billa, "An Act for amending
and keeping clean the Streets and Highways, in and
about the City of Westm. and other Cities and Towns."
E. of Rutland's Absence excused.
ORDERED, That the Absence of the Earl of Rutland
is excused, in regard of his ill Health.
Bill to prevent Tumults.
The Earl of Dorsett reported from the Committee,
the Bill against Tumults in preferring Petitions to the
King and Parliament, with some Amendments; which
were offered to the Consideration of the House.
The said Amendments were read.
And, upon some Debate, it is ORDERED, That the
said Bill is re-committed to the further Consideration of
the same Committee; who are to meet To-morrow in
the Afternoon, at Three of the Clock: And the Earl
of Anglesey, Lord Lexington, Lord Holles, and the Lord
Ashley, are added to the said Committee.
Ld. Bruce's Absence excused.
ORDERED, That the Absence of the Lord Bruce is
excused, in regard of his ill Health.
Winyard's Pet. concerning the Office of Yeoman Usher.
Upon reading the Petition of John Wynyarde, "That
he having faithfully executed the Place of Yeoman
Usher all the last Parliament; and, by a Warrant from
the Lord High Chamberlain, being in Waiting this
Parliament till Yesterday, when it was denied him to
attend without the Door, by Sir John Ayton, according
to their Lordships Order; he prays their Lordships
will please to order him to attend without the Door,
and that his Exclusion from waiting within may not
be a Prejudice to any Privileges or Advantages belonging to him:"
It is ORDERED, That the Consideration of this Petition is referred to the Committee for Privileges; who
are to hear both Parties, and afterwards report their
Opinions to this House.
Ld. Berkeley's Petition concerning Precedency above Ld. Delawar.
The Lord Chamberlain acquainted this House, "That
the King appointed him to deliver a Petition to their
Lordships, which was presented to him by the Lord
Berkeley;" which the House ordered to be read, as
"To the King's Most Excellent Majesty.
"The humble Petition of George Lord Berkley, for
his Place in this present Parliament, above and
before the Lord De la Ware;
"That Robert Fitz Harding (Grandson to the King
of Denmarke), your Petitioner's lineal Ancestor, had
the Honour of Berkeley granted to him and his Heirs,
by Your Royal Ancestor King Henry II, to hold by
Barony: That from the said Robert descended William, who being created Marquis Berkeley by King
Ed. IV, and entailing the said Honour, for Want of
Issue Male of his own Body, upon King Henry VIIth,
and the Issue Male of His Body, died without Issue,
whereby the said Honour came to and was in the
Crown, until the Death of King Ed. VIth, Grandson and Heir Male to the said King Hen. VII: That
Sir Maurice Berkley Knight, Nephew and Heir to the
said Marquis, being summoned to Parliament in 14
H. VIII, did, by reason of that Entail, fit no otherwise than as a Puny Baron; and that, upon the Death
of King Ed. VIth, without Issue, Henry Lord Berkeley,
Nephew and Heir to the said Maurice, being not
till that Time in a Capacity to challenge the Place of
his Ancestors, was then under Age: That, since he
came of Age, partly by reason of Minorities of the
Lords Berkeleys and De la Ware, and partly for
that Two of the Lords De la Ware were long in Virginia, there hath been no proper Opportunity for
any of the said Lords Berkeley to exhibit their Claim
"Your Petitioner therefore most humbly prayeth,
That Your Majesty will be graciously pleased
that he may be admitted to make Proof of
this his Claim; and, by the Advice of Your
Great Council now assembled in this Your
Parliament, to ordain that he may have his
Place therein, in Your Royal Presence, in such
Sort as his Ancestors Lords Berkeley, before
that Entail so made by the said Marquis Berkeley, had and enjoyed.
"And Your Petitioner shall ever pray.
Ld. Berkeley and Ld. Delawar; Precedency.
Upon reading this Petition of George Lord Berkeley,
touching the Precedency of Place between him and the
Lord De la Ware:
It is ORDERED, That the said Lord De la Ware may
have a Copy of the said Petition; and that this House
will hear Counsel on both Sides this Day Sevennight,
which will be on the 24th of May Instant.
L. Mohun, Privilege in Gifford's Suit against him.
Upon the Oath of Joseph Willson Gentleman, made
this Day at the Bar, "That one Dorothy Gifford Widow
hath sealed a Lease of Ejectment to one Thomas Pettitt, a Stranger, of Thirty-six Houses and One Garden,
in Bloomsbury, in the Parish of St. Giles in the Feilds;
and the said Pettitt hath brought his Action in Ejectment against one Peter Cooke, the casual Ejector, and
intends a Trial this Term; the Right of the Title in
Question being in Warwicke Lord Mohun, a Member
of this Parliament, and Peer of the Realm:"
It is ORDERED, That there shall be no further Proceedings in that Cause against the said Peter Cooke,
wherein the Lord Mohun is concerned, during the Privilege of this Parliament, unless his Lordship shall be content to wave his Privilege; and that all Persons whom
it may concern are to take Notice of this Order, and yield
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Saturni, 18 diem instantis Maii, hora decima
Aurora, Dominis sic decernentibus.
Hitherto examined by us,