DIE Veneris, videlicet, 27 Novembris.
PRAYERS.
E of Winchelsea's Bill
Hodie 3a
vice lecta est Billa, An Act to enable the Sale
and Leasing of Lands, for the Payment of the Earl
of Winchelsea's Debts.
And, being put to the Qustion, it was Agreed,
nemine dissentiente.
This Day was read the Petition of Charles Longevile,
Esquire, which he presented to His Majesty, and the Reference from His Majesty to this Honourable House, as
it followeth, in hæc verba.
"To the King's most Excellent Majesty.
CHARLES R.
Mr Longuevile's Petition for the Baronies of Ruthin and Hastings.
The humble Petition of Charles
Longevile, Esquire, Cousin and next
Heir of Henry, late Earl of Kent,
Lord Hastings and Rutbin, deceased.
"Humbly shewing, That Reginald Gray, your Petitioner's Ancestor, whose Heir he is, was seized, to him
and his Heirs, as of Fee and Right, of the Dignities
of Lord Hastings and Rutbin; that is to say, of
the Title of Lord Hastings, by Descent from Elizabeth his Mother, Daughter and Heir to John Lord
Hastings; and of the Title of Lord Ruthin, by Descent
from Roger Lord Grey of Ruthin, his Father; and, being so seized, was divers Times, in the Reign of Your
Majesty's Royal Predecessor King Edward the Third,
summoned unto the High Court of Parliament, by the
Name of Reginald Gray of Ruthin, and accordingly
sat therein, and of the said Titles and Dignities died
seized; and, by divers Mesne Descents, the said Dignities descended unto Edmond Gray, Knight, who, by
reason thereof, was seized of the Dignities, as of Fee,
to him and his Heirs; and, being so seized, the said
Edmond, by the Name of Edmond Lord Hastings and
Ruthin, was, by the Letters Patents of Your Majesty's
Predecessor King Edward the Fourth, created Earl
of Kent, to him and the Heirs Males of His Body
begotten; and shordy after of the Dignities aforesaid died seized; after whose Decease, the said Title
of Earl of Kent, and of Lord Hastings and Ruthin,
by divers Mesne Descents, did descend and come to
Sir Henry Gray, Knight, Cousin and Heir of the said
Edmond, by reason whereof he became of the said
Dignities seized; that is to say, of the said Title of
Earl of Kent to him and the Heirs Males of the
Body of the said Edmond, and of the said Title of
Lord Hastings and Ruthin to him and his Heirs and
thereof died seized, without issue of his Body begotten;
by Means whereof, as the said Title of Earl of Kent
is descended and come to the Right Honourable Anthony now Earl of Kent, as Heir Male of the Body
of the said Edmond, so the said Dignities of Lord
Hastings and Ruthin are of Right descended to Your
Petitioner, as rightful Cousin and Heir of the said Reginald, and Nephew and next Heir of the said Henry
Earl of Kent; that is to say, Son and Heir of Susan
late Wife of Sir Michaell Longevile, Sister and Heir
of the said Henry.
"May it therefore please Your most Excellent
Majesty graciously to give Command for Your
Petitioner's Summons to this present Parliament,
there to sit and enjoy the Place and Pre-eminencies to the said Dignities to him descended,
and of Right belonging; and Your Petitioner
shall daily pray for your Majesty's long and
prosperous Reign over us."
His Majesty's Reference:
Reference from the King.
"At Our Court at Whitehall, 25th of November 1640.
We are graciously pleased to refer this Petition,
and the Consideration and Determination thereof, and
of the Petitioner's Claim and Title, to the Peers of
Our Parliament. And Our Will and Pleasure is, That
Justice and Right be thereupon done."
Order.
Hereupon it was referred to the Committee of Privileges; and the Lord Ruthin to have Notice of it,
and a Copy of the Petition.
Examination of Privy Counsellors, &c. upon Oath.
Afterwards the House took into Consideration to
give Resolution to those Heads of the Message from
the House of Commons which are not resolved of,
whereby to give an Answer to the Commons; and
the Particular that was debated was, "The Examination of Privy Counsellors and Assistants of this
House upon Oath;" for the freer Debate whereof,
the House was adjourned into a Committee; and being resumed, it was Ordered, That all such Peers
of this Honourable House as shall be required shall,
for this Time, and upon this Occasion, be examined
upon Oath; and that all the Assistants shall be likewise examined upon Oath, if it be required.
Touchingsome Members of the H. C being present at the Examination of Witnesses in the Earl of Strafford's Cause.
And for the other Part, which was about "some
Members of the House of Commons to be present
at the Examinations," the House resolved of a Conference with the House of Commons, with a select
Committee; whose Names follow:
The Names of the Lords appointed for the Conference with the House of Commons:
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L. Keeper.
L. Privy Seal.
E. Marshal.
E. of Bath.
E. of Bedford.
E. of Hartford.
E. of Essex.
E. of Dorsett.
E. of Warwicke.
E. of Bristoll.
E. of Holland.
E. of Berks.
L. Viscount Say & Seale.
(13)
L. Bp. of Durham. |
L. Bp. of Lincolne.
L. Bp. of Sarum.
L. Bp. of Carlile.
Ds. Willoughby de Earsby.
Ds. Dacres.
Ds. Wharton.
Ds. Willoughby de Parham.
Ds. Pagett.
Ds. Chandots.
Ds. Brooke.
Ds. Roberts.
Ds. Pawlett.
Ds. Howard de Estcrick.
Ds. Savill.
Ds. Dunsemore.
Ds. Cottington.
(13) |
Message to the H C. for a Conference concerning this.
A Message was sent, by the Lord Chief Justice of
the Common Pleas and Mr. Justice Barkly, to the House
of Commons, to this Effect:
That the Lords Spiritual and Temporal, in the
High Court of Parliament assembled, do desire a Conference, with a select Committee of Thirty Lords,
touching the whole Matter of their Message, and a
free Conference touching some Members of their
House to be present at the Examination of Witnesses;
and this to be presently, in the Painted Chamber, if
it may stand with their Conveniency.
Answer.
The House of Commons return this Answer.
That they will send an Answer, in convenient Time,
by Messengers of their own.
This Day the Petition of the Earl of Strafford was
read, in hæc verba:
Petition of the E of Strafford, that no Witnesses be examined till he puts in his Answer, and then he to have their Names, that he may occasionally except against, or cross-examine them.
"To the Right Honourable the Lords
Spiritual and Temporal in the High
Court of Parliament assembled.
"The humble Petition of Thomas Earl of Strafford, His Majesty's Lieutenant General of
Ireland.
"Most humbly sheweth,
"That, in Obedience to your Lordship's Order, and
in due Acknowledgement of your Lordships Noble
Justice and Respect vouchsafed this your Petitioner
the other Day, he now expresseth in Writing that
humble Request he made then concerning the Examining of Witnesses, which, with your Lordships
Favour, was this.
"That there might be no Admission of any Examination of Witnesses in this Cause till your Petitioner had put in his Answer to the Charge of
Treason exhibited against him.
"That, after Answer, no Witness should be examined before your Petitioner had the Name of such
Witness delivered unto him by your Lordships Order,
to the Intent (as by his Counsel he should be advised) he might either except against such Witness,
or cross-examine him.
"And that, before either of these Two Points
should be overruled against your Petitioner, your
Lordships might be Honourably pleased to hear
him, by his Counsel, at the Bar, to shew Cause why
he humbly conceives his Desires herein to be just
and reasonable.
"Finally, the Petitioner humbly craves your Lordships Remission, if his Petitions be not so formal or
pertinent as they both ought and might be, if he
had the Help of Counsel; and shall ever, with all
Expression of Duty and Thankfulness, retain in full
Memory your Lordships most Honourable Justice
and Noble Respects to your Petitioner the other
Day, and pay your Lordships the Duties of his
whole Life for the same.
"And always and unfeignedly pray for
your most Noble Lordships Increase
of all lasting Honour and Happiness."
Order thereupon.
Whereupon it was Ordered, That no Examinations are to be taken before the Earl of Strafford hath
put in his Answer; and that no Counsel shall be
heard at Bar, as is desired in the Petition.
Precedents to be searched for touching Exception against Witnesses.
And as touching the delivering the Names of Witnesses to the Earl of Strafford before their Examination, whereby he might except against them, or crossexamine them, their Lordships thought it fit to defer the Consideration of this until To-morrow Morning, against which Time the Lord Keeper was desired
by the House to give Order to the Clerks and Ministers of some Court of Justice, to search out for some
Precedents of this Nature, the better to inform the
House, as they shall see Cause.
E of Strafford's Counsel.
The House was pleased to assign Counsel to the
Earl of Strafford, according to a List presented by him;
and those which the House did assign were these as
followeth:
Counsel:
Mr. Richard Lane.
Serjeant Rowles.
Mr. Recorder of London.
Mr. Platt.
Mr. George Lowe.
Mr. John Lightfoote.
Mr. Hugh Wyndham.
Any of these Counsellors have Liberty to be excused, if they can alledge any just Excuse.
The aforesaid Counsellors are appointed to wait
upon the House To-morrow Morning.
Lord Hunsdon introduced.
This Day the Lord Hunsden was introducted, in his
Robes; and, after he had delivered his Writ of Summons to Parliament, upon his Knee, to the Lord Keeper,
who delivered it to the Clerk, he was led between the
Lord North and the Lord Kymbolton, and placed next
below the Lord Chandois.
Lords to ask leave before they visit the E. of Strafford.
Memorandum, That the former Order, made by this
Honourable House the 14th of this Instant November,
That such Lords of this House that have any Occasion to go to the E. of Strafford should first acquaint
this House with it, is to stand.
Committee for the Northern Business.
The Committee for the Northern Business is deferred
until To-morrow in the Afternoon.
Forest of Dean.
The Earl Marshal and the Lord Chamberlain reported, That they had, according to the Directions of this
House, acquainted His Majesty with their Lordships
humble Desires, concerning the staying of the cutting of
Timber in The Forest of Deane; and His Majesty was
pleased to answer, That he had contracted a Bargain,
to furnish His Occasions with Monies, and which He
conceived advantageous unto Him. But, if their Lordships could find Him other Means to produce Him the
same Profit, He would stay further Cutting of Timber;
which His Majesty referred to the Consideration of
their Lordships.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati,
videlicet, 28m diem instantis Novembris, Dominis sic
decernentibus.