DIE Martis, 6 die Januarii.
PRAYERS, by Mr. Newcomen.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Actions against Fox and Tooker, who came in upon the Declaration, for Offences previously committed, to be removed by Certiorari into the K. B.
The Earl of Warwicke reported, "That the Committee have considered of the Case of Fox and Tooker,
who being in Command in the King's Service by
Commissions, and now having, upon Invitation of
the Declaration of both Kingdoms, come in, and
rendered themselves to the Parliament, and have taken
the Covenant, and performed all Things required by
the said Declaration; yet, coming to London, are arrested for Matters done by them in a Martial Way,
and are in Prison in Woodstreat Compter; and speedy
Proceedings will be against them for the same, unless
some Remedy (fn. *) is taken.
"And the Opinion of the Committee is, That such
Persons as are or shall come upon the Declaration
and Invitation of the Declaration of both Kingdoms
may be free from Trouble of Actions, for what they
have acted as Persons that have had Command and
Commission in the King's Service.
Persons who come in upon the Declaration, to be freed from Actions for what they did in the King's Service.
"Therefore they think it fit, that a Declaration to
this Purpose be drawn up, and passed both Houses;
and in the mean Time that the said Fox and Tooker
may have a Certiorari, to remove the Actions out of
the Court where now they are, into the King's
The House approved of this Opinion of the Committee; and Ordered, Mr. Justice Rolls and Mr. Baron Atkins shall draw up an Ordinance to this Purpose,
and present the same to this House.
Ly. Harcourt's Ordinance.
Ordered, That Mr. Justice Reeves and Mr. Justice
Bacon do peruse the Evidence and Writings of the Lady
Harcourt, and see whether the Lady's Jointure be good
notwithstanding the Intail; and Report hereof to be
made to this House on Thursday next.
Marq. De Muy & al. to export Horses.
Ordered, That the Marquis De Muy shall have Liberty to transport out of this Kingdom Twelve Horses,
Monsieur De Charrot Governor of Calis Twelve Horses,
Earl of Montgomery Eight Horses, Duke of Anguyn
Twenty Horses, Custom-free.
Ordinance to prevent the Exportation of Horses.
Ordered, That Mr. Baron Trevor and Mr. Justice
Reeves do draw up an Ordinance, to be passed both
Houses, that no more Horses be transported for Twelve
Report of the Conference about the Propositions.
The Speaker reported the Effect of the Conference
Yesterday with the House of Commons; which was
to this Effect:
"That they presented to their Lordships divers
"1. Some Qualifications to be added to the Fourteenth, now Fifteenth, Proposition, with some small
Alterations in some of the Propositions.
"2. Propositions concerning the City of London, and
the Twenty-eighth and Twenty-ninth Propositions.
3. Votes concerning Delinquents coming in before
25 March next."
Ordered, That these Propositions and the former
be compared, to see what Difference is between them.
E. of Carlisle and his Creditors.
Upon hearing the Counsel of the Creditors of the
Earl of Carlile; desiring, "That they might take
their Remedy against his Lordship, according to the
ordinary Course of Justice, upon a Decree in the
Chancery, pretending that his Lordship hath waved
his Privileges of Parliament to have his Person
But the Counsel of the Earl of Carlile answered,
That his Lordship only consented to answer the Bill
in Chancery, for discovering of the true Estate of
his Father, and not consented to take off the Privilege of his Person, and to make it liable to an Attachment."
Upon Consideration hereof, it is Ordered, That it
be referred to the Earl of Manchester, Lord Viscount Say
& Seale, Lord Robertes, and the Lord Wharton, to draw
up a Declaration to this Purpose, "That it was not the
"Intention of this House, by their Order, to take off
the Privilege of the Person of the Earl of Carlile:"
And to draw a Vote concerning the Privilege of Peers
in general, that their Persons are free from all Attachments; and to (fn. †) report the same to this House. To
meet this Afternoon.
Mrs. Stapleton's Cause.
Ordered, That this House will take into Consideration the Cause of Mrs. Stapilton on the 20th of January Instant.
House adjourned till 3a post meridiem.
Ds. Grey, Speaker.
Steward versus De Franchi.
Upon hearing of the Cause between Captain Walter
Stewart Esquire Plaintiff, and Nicholo de Franchi Defendant, this Day at the Bar, in the Presence of the
Counsel Learned on both Sides; and after a due Consideration had by the House of what was pleaded in
the Cause: It is Ordered, by the Lords in Parliament
assembled, That it be hereby referred to the Judges, or
any Three of them, to consider whether the Commission of Review in this Cause be legal or not; and
whether, in general, Commissions of Review be taken
away in maritime Causes by the Statute of 8°
as also whether there lay any Commissions of Reviews
in this Cause before the said Statute; and if there did,
whether upon new Proof: And it is farther Ordered,
That the said Parties do desire the Civilians (Assistants
to this House) to be present with the said Judges when
this Matter is to be considered of by them, they being
thereunto appointed by this House: And lastly, That
the Counsel on both Sides, or some of them, do attend
the said Judges, at such Time and Times as they shall
direct; who, having heard them, and considered of the
said Matter hereby referred to them, are to make their
Report in Writing to this House by Saturday come
Sevennight, if it may stand with their Conveniencies;
and hereof both Parties are to take Notice, and yield
their Obedience hereunto, as they will answer the contrary to this House; and thereupon this House will give
such farther Order as to Justice shall appertain.
Ordinance for Martial Law.
The Ordinance concerning Martial Law, to be considered of on Thursday next.