Journal of the House of Lords: Volume 15, 1691-1696. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 9 Novembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Sedgwick versus Hitchco k.
Upon reading the Answer of George Hitchcock and others put in this Day to the Petition of Obadiah Sedgwick:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Answer shall be, and they are hereby, referred to the Lords Committees for Petitions; who are to meet Tomorrow, at Six of the Clock in the Afternoon, and to consider of the Orders and Proceedings in this Cause in this House, and report to the House; and that Mr. Justice Powell and Mr. Baron Powell do then attend the said Committee.
L. Capel introduced.
Memorandum, That the Lord Capel was preceded by the Earl Marshal and Lord Great Chamberlain of Engl.
This Day Henry Lord Capell was introduced, between the Lord Chandos and the Lord Cornwallis; the King at Arms carrying his Patent before him; who delivering it to him at the Woolsack, his Lordship delivered it to the Speaker upon his Knee; and the Speaker gave it to the Clerk, who read it at the Table.
His Patent bears Date the Eleventh Day of April, Anno Quarto Gul. et Maria; and his Writ was read, as followeth; (videlicet,)
"Gulielmus et Maria, Dei Gratia, Angl. Scotiæ, Franc. et Hib'niæ Rex et Regina, Fidei Defensores, &c. Prædilecto et Fideli Consiliario Nostro Henrico Capell de Tewkesbury, Ch'r, Salutem: Cum nuper, de Avisamento et Asensu Concilii Nostri, pro quibusdam arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Angliæ et Ecclesfiæ Anglicanæ concernen. præsens Parliamentum Nostrum apud Civitatem Nostram Westm. Vicesimo Die Martii, Anno Regni Nostri Secundo, teneri ordinabamus; et ibidem, cum Prælatis, Magnatibus, et Proceribus dicti Regni Nostri, Colloquium habere et Tractatum; quod quidem Parliamentum Nostrum tunc et ibidem inceptum fuerat; et abinde, per separales Prorogationes, usque Quartum Diem instantis Novembris ulterius prorogat. fuerat, apud Civitat. Nostram Westm. præd. ibidem tunc tenend. et prosequend.; vobis, sub Fide et Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis incumbent. cessante Excusatione quacunque, ad Parliamentum Nostrum præd. personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, et Proceribus præd. super dictis Negotiis tractatur. vestrumque Consilium impensur. et hoc sicut Nos et Honorem Nostrum, ac Salvationem et Defensionem Regni et Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.
"Testibus Nobis ipsis, apud Westm. Quarto Die Novembris, Anno Regni Quarto.
Then he took his Place on the Barons Bench; and came to the Table, and took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes.
E. of Bath & al. versus E. Mountagu, for Waiver of Privilege in Chancery.
Upon reading the humble Petition of John Earl of Bathe, Bernard Granvillc, and Sir Walter Clarges Baronet; praying, amongst other Things, "That they may not be obstructed by the Earl of Mount'gu's Privilege; but that the Court of Chancery may be at Liberty to proceed to a Decree in the Causes mentioned in the Petition:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be referred to the Lords Committees for Privileges, to consider whether, in this Case, the Lord Mountagu hath Privilege; whose Lordships are to meet on Monday next, at Four of the Clock in the Afternoon; and may hear Counsel for the Petitioners, as also for the Earl of Mountagu, at that Time.
The Lord Cornwallis reported from the Lords Committees for Privileges, to whom was referred the Complaint of some Lords, being under Bail in the King's Bench, upon Warrants of Commitment for High Treason, "That their Lordships have spent some Time in the Matters referred to them, and find many Difficulties therein; and desire to receive the further Directions of this House."
E. Huntingdon and Marlborough under Bill, upon Warrants for Treason, and E of Scarsdale's Papers searched:
After Debate this Day, upon the Complaint of the Earl of Huntingdon, Earl of Marleborough, and the Earl of Scarsdale:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will enter into Consideration of the Grounds for the Commitment of those Lords, and their being continued under Bail, To-morrow, at Ten of the Clock in the Forenoon; and no other Business to intervene.
Warrants to be brought.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Lucas, Chief Governor of Their Majesties Tower of London, or his Deputy, do bring to this House, To-morrow, at Ten of the Clock in the Forenoon, the Warrants for Commitment of the Earl of Huntingdon and the Earl of Marleborough.
To the Lord Lucas, Chief Governor of their Majesties Tower of London, or the Deputy Governor there.
Fitzgerald, King's Servant, versus Pye, for arresting him.
Upon reading the Petition of Robert Fitz Gerald; shewing, "that the Petitioner, the Nineteenth of November, One Thousand Six Hundred Ninety-one, was sworn and admitted His Majesty's Servant, in Place and Quality of Gentleman of His Majesty's Privy Chamber; and that, about Two Months since, and during the Privilege of Parliament, he was arrested and detained, at the Suit of John Pye and others; and praying to be set at Liberty:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, referred to the Lords Committees for Privileges, to consider of this Petition, and what Precedents there are of this Nature; and report to the House.
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, (videlicet,) decimum diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.