DIE Veneris, 7 Junii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Epus. Lich & Cov.
Epus. Sarum.
Epus. Landav.
Epus. Hereford.
Epus. Roffen.
Epus. Gloucestr.
Epus. Asaph.
Epus. Oxon.
Epus. Lincoln.
Epus. Exon. |
Ds. Cowper, Cancellarius.
Dux Kingston, C. P. S.
Dux Kent, Senescallus.
Dux Somerset.
Dux Richmond.
Dux Graston.
Dux Bolton.
Dux Devon.
Dux Bucks & Nor.
Dux Rutland.
Dux Montrose.
Dux Roxburgh.
Dux Portland.
March. Annandale.
Comes Pembroke.
Comes Lincolne.
Comes Northampton.
Comes Stamford.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Burlington.
Comes Yarmouth.
Comes Rochester.
Comes Abingdon.
Comes Holderness.
Comes Rochford.
Comes Greenwich.
Comes Poulet.
Comes Godolphin.
Comes Sutherland.
Comes Buchan.
Comes Hadintoun.
Comes Loudoun.
Comes Orkney.
Comes De Loraine.
Comes Dartmouth.
Comes Rockingham.
Comes Tankerville.
Comes Bristol.
Viscount Hereford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Longueville.
Viscount Castleton. |
Ds. Delawar.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Bruce.
Ds. Cornwallis.
Ds. Carteret.
Ds. Guilford.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Rosse.
Ds. Belhaven.
Ds. Harcourt.
Ds. Hay.
Ds. Montjoy.
Ds. Mansel.
Ds. Lansdown.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Harborough.
Ds. Carleton.
Ds. Parker.
Ds. Coningsby.
Ds. Onslow.
Ds. Torrington.
Ds. Cadogan.
Ds. Romney.
Ds. Newburgh.
Ds. Pawlet Bas. |
PRAYERS.
Sir H. Liddell versus Bp. of Durham; the Bishop not to resume Privilege.
The Earl of Stamford reported from the Lords Committees for Privileges, to whom the Consideration of
the Petition of Sir Henry Liddell Baronet, was referred;
praying, "That he may be at Liberty to tax and recover
his Costs at Law, and in the Court of Chancery, so
far as the Decree of the said Court related to the
establishing the Boundaries of his Manor; and that
this House will declare, that the Lord Bishop of
Durham hath no Right to any Privilege against the
Petitioner's Proceedings in this Case: That it appears, by the Allegations of the said Petition, which
were, by a Person at the Bar who acknowledged
himself the said Lord Bishop's Solicitor, admitted to
be true, That the said Lord Bishop did bring his
Action of Ejectment, in his Lordship's Court of
Pleas at Durham, against a Tenant of the Petitioner's,
and thereby brought in Question, not only the ancient Boundaries of the Petitioner's Manor, but also
his Right to The Great Moor, or Waste, in the Petition
mentioned; and that the Petitioner, for the necessary
Defence of his Title, did exhibit his Bill in Chancery,
for ascertaining the said Boundaries; and the Cause,
on the 20th of April 1716, was heard in the Court
of Chancery, at which Time the Parliament was
sitting; and an Issue was directed, to try the said
Boundaries, by a Special Jury, in the County of
York; which Trial was had on the 7th of August following: And the said Hearing in Chancery, and
Trial at Law, were consented to by the said Lord
Bishop of Durham, though his Lordship has since
and still declares he will insist on his Privilege.
"That the Committee have inspected Precedents, in
relation to Matters of Privilege formerly in Question
before this House; and are of Opinion, "That the
Lord Bishop of Durham, having waived his Privilege
in Manner abovementioned, ought not to resume the
same."
Which Report, being read by the Clerk, was agreed
to by the House.
Richmond, Leave for a Bill.
After reading, and considering, the Report of the
Judges, to whom the Petition of Susanna Richmond and
her Infant Son was referred; praying Leave to bring in
a Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in
a Bill, pursuant to the said Petition and Report.
Newman et al. Leave for a Bill.
After reading, and considering, the Report of the
Judges, to whom the Petition of William Newman Esquire and others was referred; praying Leave to bring
in a Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Edinburgh, Duty on Ale, Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act
for continuing the Duty of Two Pennies Scots, or
One Sixth Part of a Penny Sterling, on every Pint of
Ale and Beer that shall be vended or sold within
the City of Edinburgh and the Privileges thereof,
for the Benefit of the said City; and for discontinuing the Payment of the Dues commonly called the
Petty-port Customs at Edinburgh, during the Continuance of this Act."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Wednesday next.
Nugent's Bill.
The Lord Coningesby reported from the Committee, to
whom the Bill, intituled, "An Act to enable Susanna
Catherina Nugent to sue for, recover, and hold, the
Portion of Fourteen Hundred Pounds, provided for
out of Her Father's Estate, notwithstanding her
Coverture, and the Outlawry of her Husband Hyacintbus Nugent Esquire," was committed: "That
they had gone through the said Bill; and directed him
to report the same to the House, without any Amendment."
Annesley's Appeal from the Lords in Ireland, not to be received, complaining only of Errors; and not of Want of Jurisdiction in that House.
The House (according to Order) proceeded to take
into further Consideration the Report made by the
Committee appointed to consider the Petition and Appeal of Maurice Annesley Esquire, complaining of a
Decree of the House of Lords in Ireland, the 19th of
June 1716, upon an Appeal of Hester Sherlock, to that
House, from several Decrees made in the Court of
Exchequer in that Kingdom.
And the said Report was read.
And due Consideration had thereof:
Ordered, That the said Appeal, complaining only
of the Errors of the Decree, and not of the Want of
Jurisdiction of the House of Lords in Ireland, shall not
be received; but without Prejudice to the Appellant's
bringing a new Appeal, in this or any subsequent Session of Parliament, as he shall be advised.
Rules, &c. in order to E. of Oxford's Trial.
The Earl of Clarendon reported from the Committee,
appointed to search Precedents, and report what is further proper to be done, in order to the Trial of the Earl
of Oxford, "That they had accordingly inspected Precedents; and offer the Rules and Methods following
to the Consideration of the House; (videlicet;)
"That an Address be presented to His Majesty,
That He will be pleased to give order, That such
Guards do attend, during the Trial of Robert Earl
of Oxford and Earl Mortimer, upon the Impeachment
exhibited against him by the House of Commons, as
hath been usual in Cases of Trials.
"That, on the Day of Trial, the whole Body of the
House of Peers meet here, in their Robes, at Nine
of the Clock in the Morning; and that their Lordships do go down into Westm'r Hall, in their Robes, in
order to the Trial of the said Earl.
"That the same Method be observed, in going into
Westm'r Hall, as was on going thither, upon the 15th
of March 1715, to the Trial of the Earl of Wintoun.
"That the Articles of Impeachment exhibited by
the House of Commons against the Earl of Oxford,
and the Answer of the said Earl, as also the Replication of the Commons thereunto, be read, as soon
as the said Earl is brought to the Bar.
"That the Lord High Steward be directed to acquaint the said Earl of Oxford, and all other Persons
who may have Occasion to speak to the Court, "That
they address themselves to the Lords in general, and
not to the Lord High Steward."
"That the Counsel assigned the said Earl of Oxford
may be present when he is at the Bar, in order to
be heard, touching any Point or Matter of Law, if
any such shall arise, upon the Two Articles of Impeachment exhibited against the said Earl for High
Treason, or either of them; but that the said Earl
may be allowed to make his full Defence, by Counsel,
upon the Articles for high Crimes and Misdemeanors,
as well to Matters of Fact, as to any Point or Matter
of Law which may arise thereon.
"That the Witnesses which shall be produced by
the Earl of Oxford, to be examined in his Defence,
as well to the Two Articles exhibited against him for
High Treason, as to the other Articles for high
Crimes and Misdemeanors, shall be examined upon
Oath; which Oath shall be administered in like
Form as an Oath was directed by this House to be
administered to any Witnesses who should be produced by the Earl of Wintoun at his Trial.
"That every Peer, when he gives his Judgement, as
well on the several Articles for high Crimes and Misdemeanors, as for the Articles for High Treason,
shall declare his Opinion, Guilty, or Not Guilty,
upon his Honour, laying his Right Hand upon his
Breast.
"That the Lord Great Chamberlain be desired to
take Care that Places behind the Peers be kept for
Peeresses and their Daughters.
"That, during the said Trial, the Avenues to this
House be guarded; and Care taken, that none be admitted but Lords Servants, and the necessary Attendants of this House.
"That the Lord Mayor and Sheriffs of the City of
London, as also the Deputy Lieutenants and Justices
of Peace for the County of Midd'x, and the Justices of Peace for the City and Liberties of Westm'r,
be required to take Care for the safe guarding of the
Gates of the said Cities, and other necessary Places
within their several Jurisdictions; thereby to prevent
the unnecessary Concourse of People resorting to
Westm'r, and preserving the Peace, during the said
Trial.
Memorandum, The Time for the Return of the Coaches was altered, on considering this Report.
"That all the Constables of Westminster be required
to attend in The Palace Yards at Westm'r, during the
said Trial, to take Care that all Coaches whatsoever,
when they have set down the Persons they bring, be
turned away through The Old Palace Yard, and so by
Lindsey House, and from thence so that
they cannot by any Way return through
King-street until Seven of the Clock
in the Evening.
"That all the Lords of this House, who have personally appeared, or will personally appear, in this
House, before the Trial of the said Earl of Oxford
in Westminster Hall, shall have Seven Tickets each
delivered to him or them, by the Lord Great Chamberlain's Servants, if he or they personally come for
them to the Prince's Lodgings near the House of
Peers: And if any Lord desires Tickets for another
Lord, they are to be delivered, if Two Lords do say
"Such Lord, they believe, will personally appear before the said Trial."
Which said Rules and Methods, resolved on by the
Committee, were read by the Clerk.
And the First Resolution being again read; videlicet,
"That an Address be presented to His Majesty,
"That he will be pleased to order such Guards to
attend, during the Trial of the said Earl, as hath
been usual in Cases of Trials:"
The same was agreed to; and ordered to be presented
to His Majesty by the Lords with White Staves.
Then the Four Resolutions next following were read
a Second Time, and severally agreed to.
And the next Resolution being also read a Second
Time; videlicet,
"That the Counsel assigned the said Earl of Oxford
may be present, when he is at the Bar, in order to
be heard, touching any Point or Matter of Law,
if any such shall arise, upon the Two Articles of Impeachment exhibited against the said Earl for High
Treason, or either of them; but that the said Earl
may be allowed to make his full Defence, by Counsel, upon the Articles for high Crimes and Misdemeanors, as well to Matters of Fact, as to any Point or
Matter of Law which may arise thereon."
The Earl of Clarendon acquainted the House, "That
some Doubt arising in the Committee, upon preparing
and settling the same, by reason of the Act of Parliament in the Seventh of King William, for regulating Trials in Cases of Treason; and the Standing
Order of this House, of the 28th of May 1624, touching Judicature, and the Allowance of Counsel in
Cases of Moment; he was directed, by the said Committee, to inform the House thereof, as a Matter
worthy of their Lordships particular Consideration."
Then the Preamble of the said Act, and the said
Standing Order of this House, being read:
It was proposed, "To agree to the said Resolution."
And the same being objected to:
It was proposed, as an Amendment, to leave out these
Words; videlicet, ["to be heard, touching any Point or
Matter of Law, if any such shall arise, upon the Two
Articles of Impeachment exhibited against the said
Earl of High Treason, or either of them; but"].
And, after Debate;
The Question was put, "Whether those Words
shall stand Part of the said Resolution?"
It was Resolved in the Affirmative.
Then the Five following Resolutions were read, and
severally agreed to.
And the next Resolution, for preventing the Return
of Coaches through King Street, during the said Trial of
the Earl of Oxford, till Five of the Clock in the Afternoon, being read:
It was agreed, to alter the Time, by inserting, instead thereof, ["Seven of the Clock in the Evening."]
And then the last Resolution was also read, and agreed
to.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati,
octavum diem instantis Junii, hora duodecima, Dominis
sic decernentibus.