DIE Mercurii, 8 Julii.
Domini tam Spirituales quam Temporales præsentes
|Ds. Harcourt, Cancellarius.
Comes Poulet, Senescallus.
Viscount Say & Seale.
Seale and Wood discharged.
Whereas Philip Seal and Nicholas Wood, in Custody
of the Gentleman Usher of the Black Rod, for illegally
taking and detaining in Custody William Osman, Steward
to the Right Honourable the Lord Bergevenny, and uttering several Words derogatory to the Person of the
said Lord, were this Day (according to Order) brought
to the Bar; and being, on their Knees, reprimanded by
the Lord Chancellor for their said Offence:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Philip Seal
and Nicholas Wood shall be, and they are hereby, discharged (paying their Fees); and this shall be a sufficient Warrant on that Behalf.
To Sir William Oldes, Gentleman Usher of
the Black Rod attending this House, his
Deputy, or Deputies, and every of them.
Johnson versus Perry, in Error:
Whereas, by virtue of Her Majesty's Writ of Error returnable in Parliament, a Record of the Court of
Exchequer was brought into this House, the 18th Day
of May last, wherein Judgement was entered for Samuel
Perry, against Robert Johnson; whereupon Errors were
assigned, and Diminution was alledged, the 28th of the
same May, and an Order was granted for a Certiorari,
which Certiorari was returned Yesterday by the Lord
Chief Baron: And this Day, One Counsel on either
Side being heard: Upon the Petition of the said Samuel
Perry; praying, "That the said Writ of Error may
be Non Pros. this Session, according to the Plaintiff
Johnson's Consent, mentioned in a Rule of the Court
of Exchequer, to the said Petition annexed;" and
upon due Consideration of what was offered thereupon:
Non Pros. on the Writ.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Plaintiff in
the said Writ of Error do forthwith enter a Non Pros.
thereupon, according to his Consent mentioned in the
said Rule of Court; and that the Record be remitted,
to the End Execution may be had thereupon, as if no
such Writ of Error had been brought into this House.
The Tenor of which Non Pros. entered on the Transcript of the Record to be remitted, follows:
"Postmodumque, scilicet, Die Mercurii, Octavo Die
Julii, Anno Regni dictæ Dominæ Reginæ nunc Duodecimo, ven. præd. Samuel Perry per Attorn. suum
præd. &c. et præd. Rob'tus Johnson, licet solempnit.
exact. non ven. sed Defalt. fecit, nec est Breve suum
de Errore corrigend. ulterius prosecut: Ideo cons.
est per eandem Cur. Parliamenti, quod præd. Rob'tus
Johnson fit in Misericordia, eo quod ipse præd. Breve
suum de Errore corrigend. non est prosecut. Et præd.
Samuel Perry eat inde sine Die; et quod præd. Samuel Perry in Cur. Scaccarii dictæ Dominæ Reginæ
habeat Executionem suam de Judic. præd. versus præfat. Rob'tum Johnson, juxta Formam et Effectum Judic.
præd.; ac superinde Record. et Process. præd. Cur.
dictæ Dominæ Reginæ hic Parliament. præd. mis.
per eandem Cur. Parliamenti præd. Cur. Scaccarii
dictæ Dominæ Reginæ remittuntur, &c."
Wichalse versus Short.
After hearing Counsel, in Part, upon the Petition and
Appeal of Mary Wichalse, whereunto John Short is Respondent:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear
Counsel further in this Cause, To-morrow, at Twelve a
Messages from H. C. with Bills; and to return Harrington's Bill.
A Message was brought from the House of Commons,
by Mr. Conyers and others:
With a Bill, intituled, "An Act to raise Twelve
Hundred Thousand Pounds, for Public Uses, by circulating a further Sum in Exchequer Bills; and for
enabling Her Majesty to raise Five Hundred Thousand
Pounds, on the Revenue appointed for Uses of Her
Civil Government, to be applied for or towards Payment of such Debts and Arrears owing to Her Servants, Tradesmen, and others, as are therein mentioned;" to which they desire the Concurrence of
Also, a Message was brought from the House of
Commons, by Mr. Shackerley and others:
With a Bill, intituled, "An Act for making perpetual the Act made in the Thirteenth and Fourteenth
Years of the Reign of the late King Charles the Second, intituled, An Act for the better Relief of the
Poor of this Kingdom; and that Persons bound Apprentices to, or being hired Servants with, Persons
coming with Certificates, shall not gain Settlements
by such Services or Apprenticeships; and for making
perpetual the Act made in the Sixth Year of Her
present Majesty's Reign, intituled, An Act for the
Importation of Cochineal from any Ports in Spain,
during the present War, and Six Months longer; and
for reviving a Clause in an Act, made in the Ninth
and Tenth Years of the Reign of the late King William (intituled, An Act for settling the Trade to
Africa), for allowing Foreign Copper Bars imported
to be exported;" to which they desire the Concurrence of this House.
Also, a Message was brought from the House of Commons, by Mr. Pitt and others:
To return the Bill, intituled, "An Act to enable
John Harrington Esquire and Dorothy his Wife, and
Charles Harrington Gentleman, Son and Heir Apparent of the said John Harrington, to sell the Reversion
of several Messuages and Tenements in Liverpoole, in
the County of Lancaster, being the Inheritance of the
said Dorothy, for Payment of their Debts; and settling an Equivalent upon the said Dorothy;" and to
acquaint this House, that they have agreed to the same,
without any Amendment.
Exchequer Bills, &c. Bill.
vice lecta est Billa, intituled, "An Act
to raise Twelve Hundred Thousand Pounds, for Public
Uses, by circulating a further Sum in Exchequer
Bills; and for enabling Her Majesty to raise Five
Hundred Thousand Pounds, on the Revenues appointed for Uses of Her Civil Government, to be applied
for or towards Payment of such Debts and Arrears
owing to Her Servants, Tradesmen, and others, as
are therein mentioned."
Roper versus Hewet.
Whereas, by Order of this House, of the 23d of
June last, this Day was appointed, for hearing the Cause
wherein Edward Roper is Appellant, and Robert Hewet
and others are Respondents; but, by several subsequent
Orders, the same has been removed to Saturday next:
The House being moved, on Behalf of the Respondents, "That the said Cause may not be further put
off, but remain fixed on that Day for a Hearing:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Cause shall
not be farther put off; but be heard, by Counsel, at
the Bar, on Saturday next, at Twelve a Clock.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, nonum diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.