DIE Martis, 25 Junii.
Domini præsentes fuerunt:
||His Royal Highness the Duke of Yorke.
Ds. Thesaurarius Angliæ.
Ds. Custos Privati Sigilli.
L. Great Chamberlain.
Comes Pembrooke et Mount.
Viscount Say & Seale.
Viscount de Stafford.
Ds. De la Warr.
Ds. Howard de Charlt.
Ds. Grey de Wark.
Ds. Howard de Esc.
Ds. Herbert de Cherbury.
Ds. Gerard de Brandon.
Ds. Berkley de Stratton.
PRAYERS, by Dr. Hodges.
vice lecta est Billa, "An Act enabling John
Harbin Esquire, to settle, sell, and dispose of, several
Manors, Messages, Lands, Tenements, and Hereditaments, with the Appurtenances, in the Counties
of Somersett and Dorsett, therein mentioned, for
Payment of his Debts; and to make Provision for his
E. of Oxford's Claim to the Office of L. G. Chamberlain.
This Day the Petition of Awbrey De Vere Earl of
Oxon was read, touching his Claim to the Office of
Great Chamberlain of England.
Likewise the former Proceedings in this House, A°
1° & 2° Caroli, concerning the Office of Great Chamberlain of England, were read, out of the Journal
And after a long Debate: It is ORDERED, That a
Day shall be assigned, for the Earl of Oxon's Counsel to
be heard, at this Bar, upon Matter of Error upon the
former Proceedings in this House, concerning the Office
of Great Chamberlain of England.
Then this Question was put, "Whether these
Words ["or new Matter"] shall be added to
the abovesaid Order?"
The Lord Chamberlain and the Earl of Bedford
were appointed to tell the Numbers of the Votes;
and, upon Report thereof to the House, it appeared
that the Votes, together with the Proxies, were even.
Votes equal, decided in the Negative.
But there being urged, by the Lord Privy Seal, a
Precedent in the 43 Year of Queen Eliz. where, in
the like Case, the Votes were equal, in which it was
adjudged for the Negatives, according to the ancient
Rule in the Law, Semper præsumitur pro Negante;
thereupon it was allowed for the Negatives in this
ORDERED, That Thursday come Sevennight is appointed to hear the Counsel of the Earl of Oxen upon
Matter of Error.
L. Stafford, Privilege in Suits against him concerning the Manors of Wyboston, &c.
Upon reading the Petition of William Lord Viscount
de Stafford; shewing, "That he is lawfully seited
and possessed of the Manors of Wiboston and Soakes,
in the County of Bedford; that Edmond Ellis, a
Lessee of Sir George Benyon, caused several Declarations in Ejectment to be delivered to James Coote,
and others of the Petitioner's Tenants in the said
Manors, in Hillary Vacation last, against William
Wincelow, a seigned Ejector, whereupon a Judgement is assigned upon a Nihil dicit, to the Prejudice
of the said Lord Viscount de Stafford, contrary to
the Privilege of Parliament; his Title being immediately concerned therein, as his Lordship averred the
same to this House:"
It is ORDERED, by the Lords in Parliament assembled, That the Execution of the said Judgement shall
be stayed; and that there shall be no further Proceedings in that Suit, during the Privilege of this Parliament, unless his Lordship shall be content to wave his
Privilege: And hereof the said Edmund Ellis, his
Counsel, Attorney, and Solicitors, and all others whom
it may concern, are to take Notice, and yield their
Obedience to this Order, as they will answer the contrary to this House.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 26um diem instantis Junii, hora decima Aurora, Dominis sic decernentibus.