Journal of the House of Lords: Volume 12, 1666-1675. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 31 die Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
This Day the Lord Privy Seal sat Speaker, in the Absence of the Lord Chancellor.
The Earl of Dorsett reported, "That the Committee have considered the Bill to make Sale of Lands, for the Payment of the Debts of Henry Kendall Esquire; and they think it fit to pass as it is, without any Amendments."
Hodie 3a vice lecta est Billa, "An Act to make a Sale of Lands, for the Payment of the Debts of Henry Kendall Esquire."
The Question being put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
French Merchants Petition granted.
The Earl of Dorset reported, "That His Majesty hath been pleased to grant the Desires of both Houses, concerning the Goods of the French Merchants."
ORDERED, That the Committee for the Lord Norris's Bill do meet this Afternoon, at Four of the Clock.
Message from H. C. with Bills.
A Message was brought from the House of Commons, by Sir Thomas Clargis and others; who brought up Two Bills passed by the Commons; to which they desire their Lordships Concurrence:
1. "An Act to prevent the Disturbances of Seamen and others; and to preserve the Stores belonging to His Majesty's Navy Royal."
2. "An Act for punishing and suppressing of Atheism, Prophaneness, and prophane Cursing and Swearing."
Bill to suppress Atheism, &c.
Hodie 1a vice lecta est Billa, "An Act for punishing and suppressing of Atheism, Prophaneness, and prophane Cursing and Swearing."
L. North takes his Seat.
This Day Dudly Lord North presented his Writ of Summons to Parliament to the Speaker, upon the Decease of his Father Dudly Lord North; and accordingly took his Place on the Barons Bench.
L. Mordant's Manner of Trial.
The Committee of the House of Commons that were appointed to manage the Evidence against the Lord Viscount Mordant upon his Impeachment, were admitted to the Bar (the Lord Viscount Mordant sitting near the Bar, upon a Stool, uncovered).
Sir Robert Atkins said, "He and the rest were commanded by the House of Commons to attend their Lordships concerning those Two Things desired by the House of Commons lately in the Case of the Lord Viscount Mordant:
"1. Concerning Counsel not to be allowed to the Lord Viscount Mordant.
"2. Concerning his standing without the Bar.
"Touching the First, the Commons do acquiesce in their Lordships Resolution, for admitting him Counsel in this Cause, that so he may want no Help for his Defence, though the contrary hath been a Favour not denied to the House of Commons formerly.
"But as concerning his sitting within the Bar, the Commons are not satisfied that the Lord Viscount Mordant should have such great Respect shewed him, in regard their Lordships did not mention any Precedent for it; and the Commons conceive Persons in the like Case have constantly used to stand without the Bar: Therefore they were commanded by the House of Commons to entreat their Lordships to command the Lord Viscount Mordant to stand without the Bar."
Upon this, the Committee of the House of Commons withdrew.
And this House took this Business into serious Consideration, as highly concerning the Judicature of their Lordships (the Lord Viscount Mordant standing in the Place where he sat during the Presence of the Committee of the House of Commons);
And Resolved, That the Speaker, by the Directions of this House, should return this Answer to the Committee of the House of Commons:
"That their Lordships have further considered of the Desire of the House of Commons, in relation to the Place and Posture wherein the Lord Mordant shall appear to make his Defence; and judging it a Right inherent in every Court, to order and direct such Circumstances, and Matters of Form, that can have no Influence to the Prejudice of Justice, in such Way as they shall judge fit, where the same are not settled otherwise by any positive Rule, do confirm the Order already made in this Case, as just and equal; and do wish you to proceed to Matter of Substance."
The Committee of the House of Commons were called in again, and received the aforesaid Resolution of this House.
Whereupon Sir Robert Atkins begged their Lordships Pardon for not agreeing to their Lordships herein; but desired Leave that they may resort to the House of Commons, for their Directions herein.
Message from H. C. to return Pride's Bill.
A Message was brought from the House of Commons, by the Lord Torrington and others:
To signify to their Lordships, that the House of Commons have agreed with their Lordships in the Amendments sent down in the Bill for settling an Estate in Trustees for the Benefit of Mrs. Pride and her Children; which Bill they do now return to their Lordships.
D. of Bucks and E. of Rutland, concerning the Title of L. Roos.
Next, the House heard the Counsel of the Duke of Bucks and the Counsel of the Earl of Rutland, concerning their Claim to the Title of Lord Ross.
Mr. Mountagu made a long Argument to maintain the Claim of the Earl of Rutland.
And Mr. Solicitor made an Answer on Behalf of the Claim of the Duke of Bucks.
Which being done, it was moved, by the Counsel of the Earl of Rutland, "That the House would please to hear another Argument, by Serjeant Maynard, in Point of Law, on the Behalf of the Earl of Rutland."
Whereupon it is ORDERED, That if Serjeant Maynard will be ready To-morrow Morning, at Nine of the Clock, this House will hear him; if not, to go on in the Business.
ORDERED, That the Earl of Oxon, Earl (fn. 1) of North'ton, Vicecomes Mordant, and the Lord Awdley, are added to the Committee for the Lord Norris's Bill.
Downes versus Spring.
ORDERED, That the Two Petitions of Downes against Spring shall be compared together To-morrow Morning.
Dominus Custos Privati Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, primum diem Februarii, hora decima Aurora, Dominis sic decernentibus.