DIE Jovis, 5 die Februarii,
Domini tam Spiri
tuales quam Temporales, quorum nomina subicri
buntur, præsentes fuerunt :
p. ArchiEpus. Eborum.
p. Epus. London.
p. Epus. Co. et Lich.
p. Epus. Lincoln.
p. Epus. Sarum.
p. Epus. Bristol.
p. Epus. Gloucestren.
p. Epus. Norwicen.
p. Epus. Exon.
p. Epus. Landaven.
p. Epus. Cicestren.
p. Epus. Bath. et Well.
p. Epus. Roffen.
p. Epus. Oxon.
|p. Ds. Coventrey, Ds. Custos Magni Sigilli.
Ds. Weston, Ds. Thesaur Angliæ.
p. Vicecomes Conway, Præsidens Concilii Domini Regis
p. Comes Maunchester, Ds. Custos Privati Sigilli.
p. Comes Lindsey, Magnus Camerar Angliæ.
p. Comes Arundell et Surr Comes Maresc. Angliæ.
p. Comes Pembroc, Senescallus Hospitii
p. Comes Mountgomery, Camer. Hospitii
p. Comes Oxon.
p. Comes Kantii.
p. Comes Rutland.
p. Comes South'ton.
p. Comes Bedford.
p. Comes Herteford.
p. Comes Essex.
p. Comes Lincoln.
p. Comes Nottingham.
p. Comes Sarum.
p. Comes Exon.
p. Comes Leicestriæ.
p. Comes Warwic.
p. Comes Cantabr.
p. Comes Denbigh.
p. Comes Bristol.
p. Comes Holland.
p. Comes Clare.
p. Comes Bolingbrooke.
p. Comes Westmerland.
p. Comes Banbury.
p. Comes Berk.
p. Comes Cleveland.
p. Comes Mulgrave.
p. Comes Danby.
p. Comes Tottnes.
p. Comes Monmouth.
p. Comes Norwicen.
p. Comes Dover.
p. Comes Petriburgh.
p. Comes Standford.
p. Comes Thannett.
p. Comes St. Albans.
p. Vicecomes Say et Seale.
p. Vicecomes Bayninge.
p. Vicecomes Campden.
p. Vicecomes Dorchester.
p. Vicecomes Wentworth.
p. Ds. Clifford.
p. Ds. Abergavenny.
p. Ds. Percy.
p. Ds. Dacres.
p. Ds. Dudley.
p. Ds. Vaux.
Ds. St. John de Bas.
p. Ds. Cromewell.
p. Ds. Compton.
p. Ds. Spencer.
p. Ds. Stanhope.
p. Ds. Noel.
p. Ds. Kymbolton.
p. Ds. Mountague.
p. Ds. Deyncourt.
p. Ds. Conway.
p. Ds. Tregoze.
p. Ds. Fawconbridge.
p. Ds. Pawlett.
p. Ds. Harby.
p. Ds. Howard.
p. Ds. Goringe.
p. Ds. Mohun.
p. Ds. Butler.
p. Ds. Dunsmore.
Absent Lord excused.
Lord Archbishop of Cant
Lord Bishop of Winchester,
Lane vers Band.
It is this Day Ordered, That the Cause between
Robert Lane and Fardinando Bande, Esquires, shall be
heard in open Court, at the Bar, on Thursday, the Six
and Twentieth of this Instant February, at Nine in the
Morning, so as Notice thereof be left in Writing at the
House of the said Fardinando Band, within these Seven
And, upon the humble Petition of the said Roberte Lane, the Parties underwritten are
assigned to be of Counsel with him: videlicet,
Sir Heneage Finch, Knight, Serjeant at Law, and Recorder of London,
Mr. Serjeant Crawley,
Mr. Calthrope, and
Mr. Richard Lane.
Fast days appointed.
The Lord Keeper signified to the House, That His
Majesty hath appointed Wednesday, the 18th of this
February, for the Fast to be kept by both the Houses
of Parliament, and Friday the 28th of March for the
Lord Deyncourt complain of a Decree in the Chancery against him, in a Printed Brief.
The Lord Keeper signified unto the Lords, That
this Morning (as he came into the House) he received
from the Hands of the Lord Deyncourt a Printed Brief,
containing divers Exceptions against a Decree made
lately in the Chancery against him, on the Behalf of
the Lady Leeke; in which Brief, divers Aspersions are
laid on the Proceedings of that Court, and on the Justness of the said Decree; but the Lord Keeper said,
he presumed the Lord Deyncourt did not conceive so
ill of him as that Brief pretends, especially because
his Lordship, when he delivered it, used many civil
and courteous Words unto him; yet, finding a brief
when there is neither Bill nor Petition exhibited into
this House against the Decree, the Lord Keeper said
he could do no less than declare the same to this
House, lest, the Brief being printed and divalged,
his Silence might be an Argument of Faultiness.
The Lord Deyncourt excused himself, That he meant
no Ill; and yet affirmed, that the Lord Keeper had
denied him a Second Commission to examine Witnesses,
which was the Cause of his charging that Precipitation was used in the Hearing, and he also affirmed,
that the said Brief was drawn by the Advice of
David Waterhouse, of Counsel with him.
Whereunto the Lord Keeper replied, That he cannot
directly remember all the Orders that he makes in the
Court; and therefore required, that the Order for de
nying the said Commission might be read, unto which
he refers himself; and doubted not but the Order would
appear just; and he required the Lord Deyncourt to
produce the said Order, who neither produced the
same, nor made any further Defence of what he had in
The House taking this into then Consideration (the
Lord Deyncourt withdrew according to Order), their
Lordships thought fit, That this Imputation laid upon the
Lord Keeper should be examined, and the Printers of
Briefs and Petitions punished; and therefore Agreed,
That the said David Waterhouse and the Printer should
be sent for, to answer what could be objected against
them herein; and the Lord Deycourte to be required
to declare who else advised or counselled his Lordship
The Lord Deyncourte, returning to his Place, stood
up, and answered, That he himself began to pen that
Brief, and that Waterhouse and none else did conclude
the same, out of the Notes which his Lordship gave him;
neither did he employ any Solicitor herein.
Then one of the Lord Deyncourt's Objections being
read out of the Brief, videlicet,
That the Cause brake up abruptly, before some Part
thereof was heard;
The Lord Deyncourte at first scemed to justify this to
be true; affirming, that the Lord Keeper would not
hear the Proof against the Will by which the Lady
Leeke claimed; whereupon, the Order of Quarto Februarii, Anno Tertio Caroli Regis, made at the said
Hearing, being produced by the Lord Deyncourte, was
read by the Clerk; and it appeared thereby that the
Lord Deyncourt was fully heard, and that his Lordship,
having made no sufficient Proof of his Allegations
against the Will, did not oppose the Will in that
Then the Lord Deyncourte affirmed, That Waterhouse
put in those Words himself into the Brief, he only directed him to insert nothing but what he found proved
in the Books; and his Lordship further said, that, if
he hath committed an Eiror, it is through Ignorance,
and he is sorry for it; wherewith the Lord Keeper
rested satisfied, and earnestly besought their Lordships
that this might proceed no further; but the House was
not satisfied with this conditional Acknowledgement,
and therefore then Lordships propounded to the Lord
Deyncourt, to take Respite till another Day, and recol
lect himself in the mean Time, and consider what Ac
knowledgement he will make to satisfy the Lord Keeper's
Honour, thus unjustly taxed by him.
Lord Deyncourts Counseller and Printer ordered to attend.
Whereupon the Lord Deyncourt, after some little
Pause, protested, that he intended not to wrong the
Lord Keeper, which now he perceives he hath done
by this Brief, for which he is very heartily sorry; and
acknowledged that the Lord Keeper had done him no
Injustice in that Cause, whereupon the House declared
the Lord Keeper clear of any unjust Imputation cast
upon his Lordship herein; and Ordered, That all the
said printed Briess be called in and suppressed; and that
the Printer, and David Waterhouse who penned the
same, be brought before their Lordships on Saturday
next, at Nine in the Morning.
Glanvill and cooper vers. Clay and Seager.
The Lord Bishop of Lincoln reported, that the Lords
Committees for Privileges, etc. having taken Consideration of the Petition exhibited by John Glarvill,
Esquire, and John Cooper, Clerk, against Roger Clay,
Merchant, and John Seager, Clerk; upon hearing the
Parties on both Sides, and their Counsel Learned, and
upon long Examination and Debate of the Matter and
Procedings betwixt the said Parties, touching the Presentation, Institution, and Induction to the Vicarage of
the Parish Church of, in the County of
Devon, and Diocese of Exon, their Lordships were
satisfied, that the said John Glanvill, having a Verdict
in a Jure Patronatus sor his Title to present the said
Mr. Clay and Mr. Segar, had taken many Courses to
prevent the Instrution of the said Mr. Cooper, being
the said Mr. Glanvill's Presentee; and that last of all
the said Mr. Seagar, without the Privity of the said
Mr. Glanvill, or of the said Cooper, had gotten himself
to be instituted to the said Church, by the Court of
Audience; and that the said Institution, and consequently the Induction thereupon, vas so obtained by
and through the Breach of the Privileges of the Lords
in Parliament, by serving a double Querell upon the
Lord Bishop of Exon, containing in it a Citation to appear in the said Court of Audience, which was done by
the said Mr. Segar, the Fourth Day of October last,
within the Days of Privilege belonging to the Lords
in Parliament; and, by taking Advantage of the Nonappcarance of the said Lord Bishop, (fn. *) pronounced him
Gontumax, for not appearing upon the said Citation,
and so proceeded to give Institution, as in his Default,
and to his Prejudice; which Courses of the said Mr.
Clay and Mr. Segar their Lordships much misliked, and
were of Opinion, That the said Segar had therein committed a Contempt against the Privileges of the House,
and that he ought to take no Advantage of his own
Wrong therein; and thereupon the said Mr. Seagar
humbly submitting himself to the Censure of the House,
their Lordships thought fit the House should be moved
for an Order to be there made, That the said Mr. Segar
should procure a Vacat to be made of the said Institution,
and of the Induction thereupon, and of the Acts made
upon the said Lord Bishop's Non-appearance, commanding the same; and should deliver up the Instruments thereof to be cancelled, and take no Benefit nor
Advantage thereby, nor of any Proceedings by Colour
thereof, since the said Fourth Day of October, when the
said Privilege was violated by serving of the said double
Querell; but that the said Mr. Segar do relinquish his
Possession of the said Vicarage, and be to all Intents
in the same State and Condition that he was before the
said double Querell brought, and Privilege so violated
as aforesaid; and that the Lord Chief Baron and Court
of Exchequer be moved from this House, to stay all
Proceedings upon the Bonds of the said Mr. Segar and
his Sureties, entered into for the Payment of First
Fruits, and for Non payment of Tenths and Subsidies,
to His Majesty, for and in respect of the said Vicarage, until it may appear whether the said Cooper, as
Presentee to the said Mr. Glanvill, or the said Mr.
Segar, as Presentee to the said Mr. Clay, shall obtain
the Incumbency of the said Church; and, in case the
said Mr. Segar shall not finally obtain the same, then
for the absolute Discharge of the said Bonds; and lastly
the said Lord Bishop of Exon, who was now present,
and the said Mr. Glanvill, whom their Lordships find
to have suffered in the Miscarriage of this Cause, at
the Motion of their Lordships, and to prevent the Delay
or Interruption that might grow to either Party by the
Breach of the Privileges of either House of Parliament,
by the Serving of Process for the deciding of the Right
of Presentation, Institution, or Induction to the said
Church, from henceforth, for his Avoidance, the said
Mr. Glanvill being a Member of the Commons House,
were both contented, to that Purpose, to wave the
Privilege of the Parliament; and either of the Parties
are left to seek such lawful and ordinary Means for
the Institution, and to commence or prosecute such
Actions, for Trial of their Title, and Recovery of their
Right, as they shall think fit; all which they humbly
leave to the Consideration and Judgement of the
All which was Ordered accordingly.
The House is to be called on Monday next.
Maintenance of Hospitals, etc.
The Committee for Hospitals is to meet To-morrow,
at Two in the Afternoon.
Claims to be heard Lord Percys Lord Aberga venny s.
Countess of Dorsets.
The Lords Committees for Privileges, etc. are to
meet on Monday the Ninth of this Instant February, at
Two in the Afternoon; to hear and consider of the
Claim of the Lord Percy, for his Precedency; and to
hear the like Claim of the Lord Abergavenny; and also
to hear and consider of the Claim of Anne Countess
Dowager of Dorsett, unto the Names, Styles, and
Dignities of Clifford, Westm'land, and Vescy; and to report the same to the House.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati
proximum, videlicet, 7m diem instantis Februarii, hora
nona, Dominis sic decernentibus.