Journal of the House of Lords: Volume 13, 1675-1681. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, 5 die Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
ORDERED, That the Lord Privy Seal is added to the Committee for the Bill concerning Sir Ralph Bankes's Estate.
Cartwright's Estate Bill.
Hodie 2a vice lecta est Billa, "An Act for settling the Personal Estate, Goods, and Chattels Real, of John Cartwright, of Aynhoe on the Hill, in the County of North'ton, Esquire, deceased."
ORDERED, That the Consideration of this Bill is committed to these Lords following:
Their Lordships, or any Five of them; to meet To-morrow, at Three of the Clock in the Afternoon, in the Lord Chancellor's Lodgings, and to hear all Parties concerned; and to adjourn as they please.
Ricaut versus E. Pembroke, for an Assault.
Upon reading the Petition of Phillip Ricaut Esquire; complaining, "That he being to visit a Friend in The Strand last Saturday in the Evening, whilst he was at the Door taking his Leave, the Earl of Pembrooke coming by, came up to the Door, and with his Fist, without any Provocation, struck the said Phillip Ricaut such a Blow upon the Eye, as almost knocked it out; and afterwards knocked him down, and then fell upon him with such Violence, that he almost stifled him with his Gripes in the Dirt; and likewise his Lordship drew his Sword, and was in Danger of killing him, had he not slipt into the House, and the Door been shut upon him: The said Ricaut humbly begs that this House will be an Asylum to him, and give him Leave to proceed against the said Earl of Pembrooke as the Law shall direct, that thereby he may have that Security and Satisfaction the Law allows."
The Petitioner upon Oath, at the Bar, averred the Petition to be true; and made a Narrative of the whole Business.
The House, upon Consideration thereof, ORDERED, That the said Phillip Earl of Pembrook shall give Security, by Recognizance of Two Thousand Pounds, to keep the Peace towards the said Phillip Ricaut, and all other His Majesty's Subjects.
E. of Pembroke will wave his Privilege:
The Earl of Pembrooke declared in the House, "That he would wave his Privilege, and answer any Proceedings at Law as the said Philip Ricaut shall bring in this Case."
His Recognizance to keep the Peace.
Then the Earl of Pembrooke entered into a Recognizance before the Lords in Parliament; videlicet,
"Phillipus Comes de Pembrook recognovit se debere Domino Regi Duo Millia Lib. levari ex Bonis, Terris, & Catallis suis, ad Usum Domini Regis.
"The Condition of the abovesaid Recognizance is, That if the said Phillip Earl of Pembrook shall keep the Peace, towards the said Phillip Ricaut and all others of His Majesty's Subjects, during the Space of One Year, then this Recognizance to be void; otherwise to stand in full Force and Virtue."
This being done, the House caused the Petitioner to be called in; and the Lord Chancellor told him, "That the Earl of Pembrooke had declared, That he will wave his Privilege in this Case; so he is at Liberty to proceed at Law, if he think fit: As to the other Part of his Petition, this House hath taken a Course for the Securing of his Person during the Time of his Proceeding at Law against his Lordship; his Lordship having entered into a Recognizance to the King, of Two Thousand Pounds, for the keeping of the Peace towards him and all other of His Majesty's Subjects."
Shalcross versus Moore, in Error.
Whereas, in a Writ of Error depending in this House, wherein Richard Moore is Plaintiff, and Richard Shalcross is Defendant, the said Richard Moore hath not as yet assigned any Errors, according to the strict Rules of this High Court:
It is ORDERED, That the said Richard Moore be, and is hereby, required to assign such Errors as he will insist on in the Record, by his said Writ of Error brought into this House, on or before Friday next, being the Eighth Day of this Instant February, at Ten of the Clock in the Forenoon; whereof the Defendant in the said Writ of Error is to cause timely Notice to be given to the said Plaintiff, or his Attorney, for that Purpose.
Deane & al. versus Symonds, in Error.
Whereas John Deane, William Campe, and others, Plaintiffs in a Writ of Error brought into this House, with a Transcript of the Record of the Court of King's Bench, wherein Judgement is entered for William Symonds Defendant in the said Writ, have assigned Errors, and, alledging Diminution, have prayed that His Majesty's Writs of Certiorari may be awarded on their Behalf:
It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Writs of Certiorari be forthwith issued out (on the Behalf of the said Plaintiffs), and directed in such usual Manner as in the like Cases is accustomed, for the more perfect certifying of the said Record into this House within Ten Days next ensuing the Date of this Order.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 6um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.