DIE Jovis, 6 die Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Eborac.
Epus. Durham.
Epus. Bath et Wells.
Epus. Elye.
Epus. Oxon.
Epus. Bangor.
Epus. Chichester.
Epus. Sarum.
Epus. Worcester.
Epus. St. Asaph.
Epus. St. David's.
Epus. Petriburgh.
Epus. Landaffe.
Epus. Carlile.
Epus. Bristoll.
Epus. Norwich.
Epus. Gloucester.
Epus. Cov. et Lichfeild. |
Ds. Cancellarius.
Ds. Custos Privati Sigilli.
Dux Richmond.
Dux Albemarle.
Marq. Dorchester.
L. Great Chamberlain.
L. Steward.
L. Chamberlain.
Comes Oxon.
Comes Northumb.
Comes Derby.
Comes Bedford.
Comes Pembrooke.
Comes Lyncolne.
Comes Suffolke.
Comes Dorsett.
Comes Sarum.
Comes Exon.
Comes Bridgwater.
Comes North'ton.
Comes Warwick.
Comes Devon.
Comes Bristoll.
Comes Midd.
Comes Bollingbrooke.
Comes Cleveland.
Comes Strafford.
Comes Carnarvon.
Comes Chesterfeild.
Comes Portland.
Comes Strafford.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Bathon.
Viscount Mountagu.
Viscount de Stafford.
Viscount Fauconberg. |
Ds. Abergaveny.
Ds. Berkley de Berk.
Ds. Morley.
Ds. Sandys.
Ds. Windsor.
Ds. Wentworth.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby.
Ds. Pagett.
Ds. Hunsdon.
Ds. Arundell.
Ds. Howard de Ch.
Ds. Grey.
Ds. Craven.
Ds. Lovelace.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Herbert de Ch.
Ds. Byron.
Ds. Carrington.
Ds. Ward.
Ds. Asteley.
Ds. Clifford.
Ds. Lucas.
Ds. Bellasis.
Ds. Rockingham.
Ds. Lexington.
Ds. Langdale.
Ds. Crafts.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Cornwallis.
Ds. Townsend.
Ds. Ashley.
Ds. Crewe. |
PRAYERS.
E. of Denbigh excused.
The Earl of Denbigh is excused for his Absence from
this House, being not well.
Admiralty Jurisdiction Bill.
ORDERED, That these Lords following are added to
the Committee for the Bill concerning the Court of
Admiralty:
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Marq. Dorchester.
Comes Derby.
Viscount de Stafford.
L. Ashley. |
Bp. Sarum.
Bp. Cov. et Lichfeild. |
Tenants of Clitherow Bill.
ORDERED, That the Committee for the Honour of
Clitheroe do meet To-morrow Morning, at Nine of the
Clock.
Additional Act concerning Merchants Assurance.
Hodie 2a
vice lecta est Billa, "An additional Act
touching Matters of Assurance used amongst Merchants."
ORDERED, That the Consideration of this Bill is committed to these Lords following; videlicet,
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L. Privy Seal.
Dux Albemarle.
Marq. Dorchester.
Comes Derby.
Comes Pembrooke.
Comes North'on.
Comes Bristoll.
Comes Bollingbrooke.
Comes Portland.
Comes Essex.
Comes Anglesey.
Viscount de Stafford. |
Arch. Eborac.
Epus. Durham.
Epus. Sarum.
Epus. Worcester. |
Ds. Pagett.
Ds. Howard de Ch.
Ds. Mohun.
Ds. Lucas.
Ds. Holles.
Ds. Ashley. |
Their Lordships, or any Five; to meet To-morrow
Morning, at Eight of the Clock, in the Prince's
Lodgings.
ORDERED, That the Lord Berkley of Stratton is
added to the Committee for the Bill for repealing the
Acts made in the Long Parliament.
E. of Derby's Bill:
Hodie 3a
vice lecta est Billa, "An Act for the restoring
of Charles Earl of Derby to the Manors of Hope and
Hopesdale, Mole and Molesdale, in the County of
Flint."
The Question being put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Protest against it.
"Whereas, before the Question was put, upon the
Bill, intituled, "An Act for restoring Charles Earl
of Derby to the Possession of the Manors of Hope and
Hopesdale, Mould, and Mouldesdale, in the County of
Flint," Leave was desired for entering a Protest, on
the Behalf of the Lords hereunder written, in case the
Vote upon the said Bill pass in the Affirmative: We,
in Pursuance thereof, according to the Course of
Parliament in such like Cases used, do enter our
Protestation against the said Bill, for these Reasons
following; videlicet,
"That it appears to us, these Two Manors were
sold by the Earl of Derby, and in Pursuance of
Contracts desired and made by himself: That the Purchasers are now in Possession thereof by good Assurances in Law, as Deeds enrolled, Feossments, Fines,
Recoveries passed from the Earl and his Lady: That
we conceive, by a future Law, to destroy Assurances which are good by the Standing Law, is of
dangerous Consequence, and in this Case unreasonable,
where the Contracts and Conveyances have appeared
voluntary, and desired on the Earl's Part, in whom
there was no Disability to grant or convey, and the
Proceedings on the Part of the Purchasers to have
been without Colour either of Error or Crime:
That we think it not reasonable, by a new Law, to
create an Equity of Redemption, after a Purchase
fairly transacted and perfected, nor to require any
Accompt from the Purchasers, when, from the Nature
of the Purchase, we cannot reasonably expect it; and
particularly we think it beyond all Pretence of Justice, that they should be required to accompt for
the Sum of Nine Thousand Pounds, which they received for the Redemption of Hawardine, without
any Allowance made to them for the Purchase thereof,
which they made by Direction of the Earl of Derby,
and for his Use, and were only reimbursed in this
Sum of Nine Thousand Pounds, according to their
Articles, when the said Earl sold this Manor to Serjeant Glynne; and the Business of Hawardine is altogether foreign both to the Title and Substance
of the Bill, and concerning which there hath not
been any Thing heard at the Bar or otherwise.
"Besides, we cannot look upon this but as a Breach
of the Act of Judicial Proceedings, when, by a new
Law, we take away the Force of those Fines and
Recoveries which by that Act were made good; and
no less than a Trenching on the Act of Indemnity
and Oblivion, when an Estate so fairly derived must
be looked upon as destroyed only in Favour of the
Earl of Derby, when no Argument from the Demerits of the Purchase could persuade it; and that
this is of such a Consequence, as the same Favour
can never be denied to any hereafter that shall ask it,
which of Necessity will infer a general Violation of
that Act. This Bill tendeth to vacate the great Assurances of the Realm before mentioned; which may
be of dangerous Consequence, as to render buying
and selling of Land insecure, uncertain, and doubtful; it brings Titles into Examination in Parliament
after Judgements given, as those of Fines, contrary
to the Statute of 4 H. IV. Cap. 22.; it doth not restore the Consideration given for the Purchase; it
creates Suits and Contentions between the Parties,
who have not, nor can have any, about the said
Lands without this Act: Whereas the Authority of
Parliament ought to be of last Resort, and to mend
and end the Work of other Courts; but not to make
Work for them. It seems to pass too soon; the Cause
appearing in the Body of it not to be ripe for Determination. And it is without Precedent, for Part
of a Cause to be judged in one Court, and the rest
of it in another. Besides, the Bill mentioneth some
Practices of the Purchasers, which we conceive not
proved.
"Clarendon, C.
Brecknock, S.
E. Manchester.
J. Robertes.
Bedford.
Bristol.
A. Northumberland.
C. Warwicke.
J. Bridgewater.
Stafford.
H. Arundell.
Chesterfeild.
Exeter.
W. Grey.
Portland.
Anglesey.
P. Wharton.
Windesor.
Abergevenny.
Scarsdale.
Essex.
Suffolke.
Will. Pagett.
Fauconberg.
Carlisle."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem craftinum, videlicet,
7um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.