DIE Martis, 24 Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Cant.
Epus. London.
Epus. Wigorn.
Epus. Roffen.
Epus. Sarum.
Epus. Eliens.
Epus. Lich. & Cov.
Epus. Norwic.
Epus. Petrib.
Epus. Gloucestr.
Epus. Lincoln.
Epus. Oxon.
Epus. Bangor. |
Ds. Custos Magni Sigilli.
Dux Somerset, Præses.
Dux Devonshire, Senescallus.
Dux Richmond.
Dux Ormonde.
Dux Bolton.
March. Normanby.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Jersey, Camerarius.
Comes Kent.
Comes Suffolke.
Comes Leicester.
Comes Northampton.
Comes Denbigh.
Comes Manchester.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Carnarvon.
Comes Thanet.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Burlington.
Comes Shaftesbury.
Comes Feversham.
Comes Radnor.
Comes Berkeley.
Comes Nottingham.
Comes Plimouth.
Comes Portland.
Comes Marlborough.
Comes Torrington.
Comes Scarbrough.
Comes Warrington.
Comes Bradford.
Comes Romney.
Comes Grantham.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville. |
Ds. Bergevenny.
Ds. Lawarr.
Ds. Ferrers.
Ds. Eure.
Ds. Wharton.
Ds. North & Grey.
Ds. Chandos.
Ds. Grey W.
Ds. Lovelace.
Ds. Poulett.
Ds. Mohun.
Ds. Raby.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Craven.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Stawell.
Ds. Guilford.
Ds. Jeffreys.
Ds. Cholmondeley.
Ds. Ashburnham.
Ds. Lempster.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax. |
PRAYERS.
Yates versus Lewis:
After hearing Counsel, upon the Petition and Appeal
of James Yates and Mary his Wife, from a Decree made
in the Court of Chancery on the Six and Twentieth
Day of April last, in a Cause there depending, wherein
one Richard Lewis was Plaintiff, against the Petitioner
and one David Williams and Margaret his Wife, John
Jones and Elizabeth his Wife, Defendants, and praying
the Reversal of the said Decree; as also Counsel for the
Respondent Richard Lewis; and due Consideration of
what was offered thereupon:
Judgement.
It is this Day ORDERED and Adjudged, by the Lords
Spiritual and Temporal in Parliament assembled, That the
Decree complained of in the said Petition shall be, and is
hereby, reversed; and the Respondent Richard Lewis
do pay, or cause to be paid, to the Appellants James
Yates and Mary his Wife, their Principal, Interest, and
Costs at Law and Equity, within One Month; and, upon
Payment thereof, to be relieved against the Judgement
in the Decree mentioned; and for Want of such Payment, the Respondent's Bill in Chancery shall be dismissed, with Costs.
Sibourg & al. Nat. Bill.
Upon reading the Petition of Frederick Sibourg, as
also the Petition of Peter Masson and others; praying to
be naturalized:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall
be added to the Bill of Naturalization.
Dey versus Thwaits.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear
the Cause upon the Petition of John Deye and his
Wife, and the Answer of Josiah Thwaits per Guardian. put in thereunto, on Wednesday the Fourth
Day of March next, at Eleven a Clock in the Forenoon; and that Dame Susannah Bridgeman may be
heard, by her Counsel, at the same Time, if she think
fit.
Succession of the Crown, Bill:
Hodie 3a
vice lecta est Billa, intituled, "An Act
for the further Security of His Majesty's Person, and
the Succession of the Crown in the Protestant Line;
and for extinguishing the Hopes of the pretended
Prince of Wales, and all other Pretenders, and their
open and secret Abettors."
After Debate;
The Question was put, "Whether this Bill, with
the Amendments, shall pass?"
Protest against it.
It was Resolved in the Affirmative.
"Dissentient."
"De Longueville.
(fn. *)
Thanet.
H. London.
Tho. Roffen.
Feversham.
Warrington.
Craven."
*********
"2. And much less should any new Oath be imposed
upon the Lords, with such a Penalty as to lose their
Seats in Parliament upon their refusing it; such a Penalty being in some Measure an Intrenchment upon
our Constitution, and expressly contrary to the Standing Order of this House, made the 30th Day of
April 1675.
"3. And if such an Infringement of the Rights of
Peers might be admitted; yet, in a Matter of so great
Importance to all the Peers, we conceive, that, in
Justice, they should all have had Notice of this Matter, and been specially summoned to have attended
the House upon so great an Occasion; which has not
been done, though it was moved, and humbly desired, on Behalf of the absent Lords.
"4. And if any further Evidence of the Subjects
Fidelity were at this Time necessary to be required;
we conceive a new Oath is no such Evidence, nor any
additional Security to the Government; because those
who have kept the Oaths which they have already
taken ought in Justice to be esteemed good Subjects,
and those who have broken them will make no Scruple
of taking or breaking any others that shall be required
of them; and consequently this new Oath may be of
dangerous and pernicious Consequence to the Government, by admitting such ill Men who do not fear an
Oath into the greatest Trusts, and who, under the
specious Pretence and Protection of this new Oath,
which is to free them from Suspicion, will have
greater Opportunities of betraying their King and
their Country.
"5. If a new Oath were necessary, as we conceive
it is not; yet the Words of this Oath are so very ambiguous, and have been so very differently construed
by several Lords who have declared their Sense of
them, that this may become a Snare to Men's Consciences, or tend to overthrow the Obligation of an
Oath, by allowing Men Liberty to take it in their own
Sense; whereas this, as all other Oaths, ought to be
taken in the Sense of the Imposer; which hath not
been declared in this Case, though we earnestly
pressed it, and though it has been done in other
Cases of like Nature.
"6. And we conceive, that it necessarily follows
from hence, that this Oath can be no Bond of
Union among those who do take it, nor any true
Mark of Distinction between the Friends and the Enemies of this Government; and therefore repugnant
to the very Nature of a Test.
"Nottingham.
Winchilsea.
Plimouth.
Weymouth.
Jeffreys.
Stawell.
Scarsdale.
Craven.
Guilford.
Denbigh."
Message to H. C. with Amendments to the Bill.
A Message was sent to the House of Commons, by
Sir Robert Legard and Sir John Hoskins:
To return the said last mentioned Bill; and desire
their Concurrence to their Lordships Amendments made
thereto.
Quakers Affirmation to be taken, Bill to continue the Act for.
Whereas this Day was appointed for the Second
Reading of the Bill, intituled, "An Act for continuing an Act, intituled, An Act, that the solemn
Affirmation and Declaration of the People called
Quakers shall be accepted instead of an Oath in
the usual Form:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill shall
be read the Second Time To-morrow, at One a Clock.
Wentworth versus L. Raby.
Whereas Thursday next was appointed for hearing
of the Cause wherein Thomas Wentworth, alias Watson,
is Appellant, and Thomas Lord Raby Respondent; the
House being informed, "That each Party agrees to a
further Day, if the House thinks fit:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear
the said Cause, by Counsel, at the Bar, on Saturday
next, at Eleven a Clock; and that the Cause appointed
to be heard that Day be removed to Monday, and the
other Causes in Course.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum quintum diem instantis Februarii, hora
undecima Auroræ, Dominis sic decernentibus.
Lunæ, 18° Die Maii, 1702, Hitherto examined by us,
Warrington.
Ric. Peterb.
E. Asaph.
Jo. Bangor.
Howard.