House of Lords Journal Volume 15: 18 January 1692

DIE Lunæ, 18 die Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Grafton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting several Pieces or Parcels of Ground, in the Parishes of St. James and St. Martin's in the Feilds, late the Estate of Henry Duke of Grafton, deceased, in Trustees, to be sold."

ORDERED, That the Consideration of this Bill is committed to the Lords following:

Their Lordships, or any Five of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Leave given to the Lord Bishop of Chester, to be absent for Three Weeks.

Tooke versus L. C. Baron Atkins.

The House being this Day moved, on the Behalf of the Lord Chief Baron of Their Majesties Court of Exchequer, Respondent to the Appeal of Thomas Tooke Esquire; "That a short Day may be appointed for "hearing of the said Cause:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Monday the Five and Twentieth Day of this Instant January, at Ten of the Clock in the Forenoon; and that the Service of this Order upon Mr. Tooke's Clerk in the Exchequer shall be good Service, in order thereunto.

ORDERED, That the Earl of Westmerland, the Lord Fitzwalter, and the Lord Jermyn, be added to Keeble's Committee.

Ashton versus Ashton.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Sir Edmund Ashton Baronet, complaining against Richard Ashton Esquire Defendant, in the Court of Chancery, complaining of several Orders, Injunctions, and Proceedings, of the Court of Chancery, the Thirtieth of October, One Thousand Six Hundred Eighty-nine, and the reviving and discharging of the said Proceedings; as also upon hearing Counsel upon the Answer of Richard Ashton Esquire put in to the said Petition:

After due Consideration had of what was offered by Counsel upon the said Petition and Answer, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Sir Edmund Ashton Baronet shall be, and is hereby, dismissed this House; and that the several Orders, Injunctions, and Proceedings, of the Court of Chancery, from which he appealed, made on the Behalf of Richard Ashton Esquire, shall be, and are hereby, affirmed.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Attorney General and others:

Who brought up a Bill, intituled, "An Act for punishing of Mutineers and Deserters, and preventing false Musters, and paying the Army according to the Musters of Effective Men, and for the better paying of Quarters;" to which they desire their Lordships Concurrence.

Trials for Treason Bill.

The Earl of Mulgrave reported from the Lords Committees appointed to inspect Commissions for Lords High Stewards upon Trials of Peers out of Parliament, "That the Committee hath examined all the Precedents since Hen. VIIIth Time, and One in His Time; One of which Precedents they have ordered to be brought into the House; and they find, that every High Steward for such Trials is directed, by Commission under the Great Seal of England, to summon every Person who is a Peer to the said Person tried; and that every Precept issued from him is according to the same Tenor; (videlicet,) "That every Peer should be summoned:" But they have also found, that in every Return of such Precept made by the Serjeant at Arms, there is Mention made of a Schedule or List of some particular Peers which he had then summoned, contrary to those general Words both in the Commissions and Precepts; which Schedule or List yet does not appear on any Record, or in any Office; nor will any Person own the Delivery of any such List, in order to those Trials which have been of late Years."

Then Part of the Proceedings upon the Trial of the Duke of Norfolke were read, out of the Record.

And, after Debate thereupon, and Commissions for Lords High Stewards;

The Question was proposed,

Declaration concerning summoning Peers to Trials.

"That it is the Opinion of this House, upon Search into the Precedents of all the Commissions of High Stewards since the Reign of King Henry the Eighth, that, both by the King's Commissions to the several Lords High Stewards, and by the Precepts from the Lords High Stewards pursuant to those Commissions, all the Peers of England were directed under the Great Seal to be summoned to the Trial of every Peer that was to be tried?"

The previous Question was put,

"Whether this Question shall be put?"

It was Resolved in the Affirmative.

Then the main Question was put,

"That it is the Opinion of this House, upon Search into the Precedents of all the Commissions of High Stewards since the Reign of Henry the Eighth, that, both by the King's Commissions to the several Lords High Stewards, and by the Precepts from the Lords High Stewards pursuant to those Commissions, all the Peers of England were directed, under the Great Seal, to be summoned to the Trial of every Peer that was to be tried?"

It was Resolved in the Affirmative.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Debate upon the Commons Amendments delivered at the last Free Conference to the Proviso (A) added by the Lords to the Bill, intituled, "An Act for regulating Trials in Cases of Treason," shall be adjourned unto To-morrow, at Twelve of the Clock, after the Duke of Norfolke's Business.

Duke and Dutchess of Norfolk.

Then the Order was read, for the Dutchess of Norfolke's appearing to answer the Duke's Charge against her.

Then Sir Thomas Pinfold, who appeared for the Dutchess, was called in; and the Charge against her was read, and a Copy of it delivered him.

And he said, "He would communicate it to the Dutchess;" and withdrew.

Dutch. of Norf. to answer.

Then, Sir Thomas Pinfold being called in again, he was told by the Speaker, "That the Lords do appoint To-morrow, at Twelve of the Clock, for the Dutchess of Norfolke to answer to the Charge against her, delivered to him."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Richard Raynes and Sir Charles Hedges do attend this House To-morrow, at Eleven of the Clock in the Forenoon.

Briggs versus Clarke, in Error.

Whereas, by virtue of Their Majesties Writ of Error returnable in the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this House, the Twelfth Day of December, One Thousand Six Hundred and Ninety-one, wherein Judgement is entered for Mary Clarke against William Briggs; Counsel appearing this Day for the Defendant in the Writ of Error Mary Clarke; but no Counsel appearing for the Plaintiff William Briggs, which appears it was brought only for Delay:

It is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the Transcript of the Record brought into this House in the Court of King's Bench and Exchequer Chamber given for the said Mary Clerke against the said William Briggs shall be, and are hereby, affirmed: And it is further ORDERED, That the said William Briggs shall pay, or cause to be paid, unto the said Mary Clerke, the Sum of Twenty Pounds, for her Costs sustained in defending the said Writ of Error in this House.

The Tenor of which Judgement, to be affixed to the Transcript of the said Record, as followeth:

"Postea, scilicet, Duodecimo Die Decembris, Anno Regni Regis et Reginæ Gul. et Mariæ nunc Angl. &c. Tertio, Transcript. Record. et Process. præd. cum omnibus ea tangen. Prætextu cujusdam Brevis (fn. 1) Domini Regis et Dominæ Reginæ de Errore corrigend. per præfat. Will'um Briggs, in Præmiss. prosecut. dictis Domino Regi et Reginæ in præsenti Parliamento apud Westm. a prædict. Cur. dictor. Domini Regis et Dominæ Reginæ hic transmissum suit; prædictusque Will'us Briggs, in eadem Cur. Parliamenti comparens, divers. Mater. pro Errore in Record. et Process. præd. pro Revocatione et Adnullatione Judic. præd. habend. assign.; ad quod præd. Maria Clerke, in eadem Cur. Parliament. præd. comparens, placitarit, quod nec in Record. et Process. præd. nec in Redditione Judic. præd. nec in præd. Affirmatione Judic. præd. in ullo est Errat.: Et postea, scilicet, Decimo-octavo Die Januarii, Anno Tertio supradict. visis et per Cur. Parliament. præd. diligent. examinat. et plenius intellect. tam Record. et Process. præd. quam Judic. superinde reddit. ac præd. Caus. et Mater. per prædict. Will'um Briggs superius pro Errore assign. cons. est per Cur. Parliament. præd. quod Judic. præd. in omnibus affirmetur, et in omni suo Robore stet et Effect.; dictis Causis et Mater. superius pro Errore assign. in aliquo non obstant. Et ulterius per eandem Cur. Parliament. præd. considerat. est, quod præd. Maria Clerke recuperet versus præsat. Will'um Briggs Vigint. Libr. eidem Mariæ Clarke ad Requisitionem suam, pro Misis et Custag. suis quæ sustinuit Occasione Dilationis Executionis Judicii præd. Prætextu Prosecution. præd. Brevis de Errore secundum Formam Statut. adjudicat.; ac superinde Record. et Process. præd. Cur. dictor. Domini Regis et Dominæ Reginæ per Cur. Parliament. præd. coram ipsis Rege et Regina, ubicunque, &c. remitt. et in eadem Cur. dictor. Domini Regis et Dominæ Reginæ coram ipsis Rege et Regina jam resident. &c."

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, (videlicet,) 19^um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.