House of Lords Journal Volume 13: 24 March 1681

DIE Jovis, 24 die Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

These Lords following took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, in Pursuance of the Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament:

Lord Howard.

William Lord Paget.

William Lord Bishop of Landaff.

Earl of Thanet.

Gilb't Earl of Clare.

Theophilus Earl of Huntingdon.

Sir Ol. Boteler versus Regem, in Error.

Upon reading the Petition of Sir Oliver Boteler, praying Judgement upon his Writ of Error depending in this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges shall deliver their Opinions in this House, upon the said Writ of Error, so soon as they come from the Circuit, at which Time their Lordships will give Judgement thereon.

E. of Danby's Petition to be admitted to Bail.

A Petition from the Earl of Danby, was presented to the House; which was read, as followeth:

"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

"The humble Petition of Thomas Earl of Danby, Prisoner in The Tower of London;

"Most humbly sheweth,

"That your Petitioner hath been detained a Prisoner in The Tower for above Three and Twenty Months last past; during which Time of his Restraint, he hath undergone several Sicknesses, and hath been, and is still, very much impaired in his Health.

"Wherefore your Petitioner humbly prayeth, that your Lordships would be pleased to bail your Petitioner; he being ready to give good and responsible Security to your Lordships, in what Sum soever it shall please your Lordships, for your Petitioner's Appearance, as your Lordships shall think sit and direct.

"And your Petitioner shall ever pray, &c.

"Danby."

ORDERED, That the Debate of this Petition be put off to Monday next.

Sir William Scroggs' Answer to his Impeachment.

The Answer of Sir William Scroggs Knight was read, as followeth:

"The Answer of Sir William Scroggs Knight, Chief Justice of His Majesty's Court of King's Bench, to the Articles of Impeachment exhibited against him, by the Commons of England in the late Parliament assembled.

"The said Sir William Scroggs, by and under Protestation, that there is no Manner of High Treason, nor any Overt Act of High Treason, particularly alledged or expressed in the said Articles of Impeachment, to which the said William Scroggs can or is bound by Law to make any Answer unto; and saving to himself (and which he prayeth may be saved to him), both now and at all Times hereafter, all and all Manner of Benefit and Advantage of Exception to the Insufficiency of the said Articles in Point of Law, as well for that there is no Overt Act of Treason expressed therein, as for all other the Defect therein appearing: For Plea thereto, he saith. That he is in no Wise guilty of all or any the Crimes, Offences, or Misdemeanors, of what Nature, Kind, or Quality soever, by the said Articles of Impeachment charged upon him, in Manner and Form as in and by the said Articles is supposed; which he is ready to aver and prove, as this Honourable House shall award: And humbly submitteth himself and the Justice of his Cause to this most Honourable House; and prayeth to be discharged of the Premises, and to be hence dismissed, and acquitted of all the Matters, Crimes, Misdemeanors, and Offences, in and by the said Articles of Impeachment charged upon him, &c.

"Will. Scroggs."

After this, a Petition of Sir Wm. Scroggs was read.

His Petition for a speedy Trial.

"To the Right Honourable the Lords Spiritual and Temporal in this present Parliament assembled.

"The humble Petition of Sir William Scroggs Knight, Lord Chief Justice of His Majesty's Court of King's Bench;

"Sheweth,

"That your Petitioner, the last Parliament, was impeached before your Lordships, by the House of Commons, of several Articles, styled High Treason, and other great Crimes and Misdemeanors.

"To which your Petitioner hath now, with the First Opportunity, put in his Answer into this Honourable House.

"Your Petitioner humbly prays, that your Lordships would be pleased to appoint some short Day, for this present House of Commons to reply; that so a convenient Day may be appointed for the Hearing of the Cause, that your Petitioner may no longer lye under the Reproach of the Word High Treason.

"And your Petitioner, as in Duty bound, shall ever pray, &c.

"Will. Scroggs."

Copies of Petition and Answer to be sent to H. C.

ORDERED, That the Copies of this Answer and Petition shall be sent to the House of Commons.

A Message was sent to the House of Commons, by Sir Tymothy Baldwin and Sir Edward Low:

To communicate to them the Copies of the Answer and the Petition of Sir William Scroggs Knight.

Bickerton versus Bickerton.

Upon reading the Petition and Appeal of George Bickerton, from a Decree made in the Court of Exchequer, concerning divers Messuages, Lands, and Tenements, in Horshall, Marbury, and New Hall, in the County of Chester; in which Court, Elizabeth Bickerton Widow the Relict, and Elizabeth Bickerton the Daughter, of George Bickerton, were Defendants, and the Petitioner was Plaintiff; and praying, that the Defendants may put in their Answer, or respective Answers, thereunto:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Elizabeth Bickerton Widow the Relict, and Eliz. Bickerton the Daughter, of George Bickerton, be, and they are hereby, required to put in their Answers to the said Appeal in Writing within One Week next after the Service of this Order upon them.

Repeal of 35 Eliz.

ORDERED, That the Bill for repealing the Statute of 35th Year of Queen Eliz. be taken into Consideration To-morrow Morning, in a Committee of the whole House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 25^um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.