Diary of Thomas Burton Esq: Volume 2, April 1657 - February 1658. Originally published by H Colburn, London, 1828.
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Saturday, January 23, 1657-8.
I came in late, and questioned, from the book, what became of the Clerk's business, whom I found called in.
Lord Craven's business was then in hand, and the counsel for him at the bar, viz. Mr. Finch and Mr. Alien, and Mr. Hartlipp, Solicitor; where Mr. Finch did open the case, and managed the business with singular dexterity, wit, and applause; and, in my opinion, it is a case full of equity, and calls loudly on us for justice. It held about two hours, and then the counsel withdrew; but no counsel appeared oh the other side, albeit it was so ordered.
Mr. Gewen. I move that you also audi alteram partem. You have two cases.
Major Burton presented a petition on behalf of the purchasers, to be heard; which was read, (Mr. Rowe, one.)
Mr. Turner moved for a day to hear his Highness's counsel, and the purchasers', and it was resolved, that Saturday next be appointed for that purpose.
Colonel Shapcott moved, to order the parties to have notice.
Serjeant Maynard. I move that, if the purchasers bring not their counsel, you proceed ex parte.
Major Burton offered names of persons to be of counsel for the purchasers; and they were severally put and ordered.
Colonel Mildmay. I move that, if these cannot attend, you will give leave for any other counsel to attend.
Mr. Pedley moved, and it was ordered, that the counsel on Lord Craven's part might then attend.
Mr. Scot. This is a complicated interest, and you should put your stamp upon it; it being mostly yours to appoint counsel.
Captain Hatsell. I second that motion. It is your honour that is concerned.
Mr. —. (fn. 1) I like not to hear the word "Honour" mentioned; but would go to the truth of the business.
Colonel Birch moved to bring other counsel if this fail.
Mr. Maidstone. I move, that you only appoint counsel, and let a solicitor go from you to instruct counsel.
Mr. Highland. You have done Lord Craven injury, and not the purchasers, if any injury be done. Therefore, the counsel should be your appointment.
Mr. Bacon. I would not have us led in to be a party, but regard justice and honour, though it were against the nation: so I would have none compelled to be counsel.
Colonel Holland. I move that you appoint counsel.
Mr. Rushworth. You are not obliged to appoint counsel. The Attorney and Solicitor-General are members, and so cannot be counsel. I would have all the latitude that may be. If you appoint counsel as for yourselves, it will be but jumbling a Parliament against a Parliament.
Resolved, that all the counsel named for the purchasers and the Commonwealth; viz. Serjeant Earle, Dr. Turner, &c. (five more) do attend here on Saturday next.
Resolved, at Twelve, that the House be adjourned till Monday morning at 8 o'clock.
In the Duchy Chamber, we were a long time expecting a Committee for ministers' maintenance, but were forced to adjourn. I had the chair.
In the Exchequer Chamber, sat the Committee of Privileges. Colonel Chadwick in the chair.
There was no other Committee sitting.