House of Lords Journal Volume 15: 24 January 1695

DIE Jovis, 24 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Tattershall versus Fitzherbert:

After hearing Counsel upon the Petition and Appeal of Thomas Tattershall Clerk, from an Order of Dismission of a Bill in the Court of Chancery, by him exhibited, against Henry Fitzherbert and William Jones; as also upon the Answer of William Jones and Henry Fitzherbert put in thereunto:

Judgement affirmed.

After due Consideration had of what was offered thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of the said Thomas Tattershall shall be, and is hereby, dismissed this House; and that the Order of Dismission in the Court of Chancery, from which he appealed, shall be, and is hereby, affirmed.

Trials for Treason, Bill:

Then the House took into Consideration the Amendments made by the Committee of the whole House, to the Bill, intituled, "An Act for regulating of Trials, in Cases of High Treason and Misprision of Treason;" and agreed to all preceding the Amendment in the 2d Skin, 17th Line; instead whereof, a Clause relating to Outlawries in High Treason was offered, and agreed to be Part of the Bill.

The Amendment 3d Skin, 8th Line, being the Clause marked (B), was read, as followeth; (videlicet,)

"And whereas, by the good Laws of this Kingdom, in Cases of Trials of Commoners for their Lives, a Jury of Twelve Freeholders must all agree in one Opinion, before they can bring a Verdict either for Acquittal or Condemnation of the Prisoner; and whereas, upon the Trials of Peers or Peeresses, a major Vote is sufficient either to acquit or condemn: Be it further enacted, by the Authority aforesaid, That, upon the Trial of any Peer or Peeress, for Treason or Misprision of Treason, all the Peers who have a Right to fit and vote in Parliament shall be duly summoned, Twenty Days at least before every such Trial, to appear at every such Trial; and that every Peer so summoned, and appearing at such Trial, shall vote in the Trial of such Peer or Peeress so to be tried, every such Peer first taking the Oaths mentioned in One Act of Parliament made in the First Year of King William and Queen Mary, intituled, "An Act for abrogating the Oaths of Supremacy and Allegiance, and appointing other Oaths;" and also every such Peer subscribing and audibly repeating the Declaration mentioned in an Act of Parliament, intituled, "An Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament," and made in the Thirtieth Year of the late King Charles the Second."

And, after Debate thereon,

This Question was put, "Whether this House shall agree with the Committee, in adding this Clause?"

It was Resolved in the Affirmative.

Then the Clause marked (C) was read, as followeth; (videlicet,)

"Provided also, and be it enacted, by the Authority aforesaid, That no Indictment for any the Offences aforesaid, nor any Process or Return thereupon, shall be quashed, on the Motion of the Prisoner or his Counsel, for miswriting, mispelling, false or improper Latin, unless Exception concerning the same be taken and made in the respective Court where such Trial shall be, by the Prisoner or his Counsel, assigned, before any Evidence is given in open Court upon such Indictment; nor shall any such miswriting, mispelling, false or improper Latin, after Conviction on such Indictment, be any Cause to stay or arrest Judgement thereupon: But nevertheless any Judgement given upon such Indictment shall and may be liable to be reversed, upon a Writ of Error, in the same Manner (and no other than) as if this Act had not been made."

And, after Debate,

This Question was put, "Whether this House shall agree with the Committee in adding this Clause?"

It was Resolved in the Affirmative.

Protest against adding a Clause to it:

"Diffentientibus,
Rochester.
Ailesbury.
Nottingham.
Tho. Roffen.
Jefferys.
Cliforde.
Guildford.

Amendments to the Bill.

Then the Amendment following was agreed to be made to the Bill; videlicet,

1st Skin, 10th Line, instead of ["King and Queen's"], read ["King's"]; and instead of ["Majesties"], read ["Majesty"].

The Proviso in the Bill concerning Impeachments in Parliament being read;

After Debate,

This Question was put, "Whether this Clause shall stand Part of the Bill?"

It was Resolved in the Affirmative.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Clauses agreed to by the House shall be engrossed, and the Amendments writ fair, against Saturday, at Twelve of the Clock; at which Time the said Bill shall be read the Third Time; and all the Lords summoned to attend.

Message from H. C. with a Bill.

A Message from the House of Commons, by the Lord Digby and others:

Who brought up a Bill, intituled, "An Act for the re-building the Town of Warwick, and for determining Differences touching Houses burnt or demolished by reason of the late dreadful Fire there."

Baden versus Regem, Error.

This Day Mr. Baron Powell brought up a Writ of Error:

Rob'tus Baden Plaintiff, versus Reg. et Regin. Def.

Lord versus Lord.

Whereas To-morrow is appointed for hearing of the Cause wherein Lawrence Lord is Appellant, and Robert Lord Respondent:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause on Monday next, at Ten of the Clock in the Forenoon.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, (videlicet,) vicesimum quintum diem instantis Januarii, hora undecima Aurora, Dominis sic decernentibus.