Selected quad for the lemma: justice_n
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A38330
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Some passages of the House of Lords in the winter sessions of Parliament in the year 92
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England and Wales. Parliament. House of Lords.
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1693
(1693)
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Wing E2847; ESTC R10050
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24,111
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18
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ãâã Passages of the House of LORDS In the Winter Desââââ of Parliament in the year 92. Novemb. 1st THe Earles of Hontingdon and Marlebrough complained of their being denyed by the Kings Bench to come out of Prison altho' they had offered Bail accorcording to the Act of Habeas Corpus the Business was referred to a Committe who were impower'd to send for Papers Persons and Records And the Lord Lucas was ordered to produce the Warrants for Commitment of both the said Earls also the Clerk of the Kings Bench was ordered to bring to the Committe the Affidavit of Aaron Smith upon which the Lords had been Remanded back to Prison 10th After a very long Debate and the Judges heard in their own defence as well as Aaron Smith upon Oath which he refused to swear till the House was just going to send him to Prison A Committe was ordered to draw up a Resolution in pursuance of the Debate and to present it to the House to âorrow morning and Aaron Smith also to attend and no other business whatsoever to intervene 11th Upon the Report from the Committe there was another long Debate which was at last Adjournest again till to morrow and all the Judges Ordered to attend 12th Upon the Earle of Scarsdalt's Complaint that his House had been searched the Messenger being sick who ãâã was ordered to send the Origin I Warrant by vertue of which âe ãâã one it and the ãâã ââsiness of the three Lords was referred to a Committe of the wâââ House the Judges ãâã attend and nothing else to intervene 14th Resolved in the Committe of the whole House That whereas by the Statute 31 Ch. 2d commonly called the Habeas Corpus Act Aâ Judges and Justices c. 't is now resolved and declared by this House that it is the duty of all the Judges and Justices of Oyer and Terminer and general Goale-Delivery in pursuance of the said Act to set at Liberty the Prisoner on Bail âf Committed for High Thââsââ unless it be made appear upon Oath that there are two Witnesses against the said Person who cannot be produced in that Term Sessions or General Goal-Delivery And t is hereby further resolved that in case there shall be more then one Prisoner to be Bailed or Remanded 't is the intention of the said Statute that there must be Oath made that there are two Witnesses against each of such Prisoners in order to remand them to Prison respectively And this Resolution was Ordered to be Recorded in the Books of this House as a Direction to aâââudges for the future and to prevent all excuse for any such Illegal Proceedings for the future ãâã Upon a long Debate about the manner of freeing the several Lords from their Bail before ãâã House would go upon any other Business whatsoever to prevent it a notice was intimated from the King that he would cause their Bail to be immediatly discharged at which the House ãâ¦ã for two dayes that he might haye time to do so before they sat again they being ãâ¦ã upon no other Business till that was not only promised but executed ãâ¦ã House was âââorâed by the Lords concerned that their Bail was discharged and as ãâã ever they had aâââinted the House they fell to other Business 18th The House âppointed a Committe to draw a Return of Thanks for the Kings Speech which had nââer yet been so much as taken notice of because of this Business of the Lords and it ãâ¦ã only that a handle might be taken for giving Advice to the King to which something in hââ Speech seemed to invite the Lords and the Address was Penn'd soon purpose to thank him for the invitation so that the Lords found themselves ingaged in the Advice before sâme of them were well ãâ¦ã ãâã âfter having sate many dayes ââder great Controversies about giving advice it was Resolved first that the King should be advised to give the chief Command of the English For câââo no man who is not a Subject born in his Majesties Dominions And that Mr. Blaithwait should bring a List of all the General Officers and Troopes upon the And that the Chief Officers of the Ordnance shall send a List of all Officers belonging to the same as also an Account of the Stores and what hath been delivered out these two last years And that the Keeper of the Paper-Office in Whitehall send the Capitulation made between the English and Dutch in 1674. 29th Ordered that the Commissioners of the Admiralty shall send all such Orders and Letters and Instructions as were sent to the Admiral last Summer and Particularly those which relate to the Descent and the Answers thereunto and also Coppies of such Letters or Orders as have been sent by the Commanders in Chief to Inferior Officers in Relation to the intended Descent or to the pursuite after the Fight at Sea That the Commissioners for the Transport Ships send an Account of all they have done concerning these Matters That the King be desired to direct that all the Orders and Papers sent by the Privy Council or by the Secretary of State relating to the last Summers Expedition at Sea and the full account of all the Transactions be laid before this House and Particularly all such Orders and Papers as relate to the intended Descent 30th The King sent Word that he had directed it accordingly The Commissioners of Accounts Establisht by Parliament were ordered to send them in Signed by five of them at the least and they were sent in accordingly Decemb. 1st The Officers of the Ordnance were ordered to bring an Abstract of the Stores two Years ago and what hath been delivered out Since and to put under the Name of every Speâââ the Summe total as well of the Issues as of what remains And ãâã send a List of all the ââreigners upon their Establishment or employed by them and in what Places 6th The Earle of Nottingham brought in those Papers from the King which being Read 7th There arose along Debate about a Motion for having a Committe of both Houses sit together in order to the better Examination of the last Years Miscarriages the Question being carryed by a very few Votes in the Negative The other Lords Assigned the following Protestation and entred it under their own Hands in the Books of the House A Protestation against the Vote that refused to agree that a Committe of both Houses should sit together First Because his Majesty having particularly and expresly desired the Advice of his Parliament at this time when he so much seems to need it no other Methods was nor in our Opinions could be proposed by which the two Houses might so well and so speedily be brought to that concurrance which is necessary to render their Advice Effectual 2dly Because it appears by some Papers already imparted to this House that severaâââââmbers of the House of Commons are concern'd in the Matters before us as having been so lately employed in his
that this Gentleman by ânterest of some it is thought that still promotes him was recommended by his Majesty when âreland to be Treasurer of the City but his Majesty on the first application graciously recalââ his first recommendation saying he would abrige none of the Privileges of the City but in ãâã Election of this Major they were not so used by the Lords Justices and as this Imposition âs new unto them so it was unexpected having so lately received with their Deliverance Majesties gracious promise that they should enjoy all their Priviledges and so they did by Majesties Command untill this Command of the Lords Justices These new Rules were in ââce in the best days Ireland ever saw under the happy Government of the Duke of Ormond ãâã his Grace never made use of them for more than they were intended a power in the hands âhe Government to lay aside such as were questionable in their Loyalty which that City hath âer yet been tainted in ãâã dare not stay your Lordships longer to ennumerate all the oppressions that poor Kingdom ãâã under but what I have said I humbly affirm will be asserted by thousands in Ireland All ââch I humbly pray your Lordships to receive as in truth I intend it for their Majesties serââe the relief of their oppressed Subjects in Ireland among whom I am one F. Brewster ãâã Obedience to an Order of the Lords Spiritual and Temporal assembled in Parliament the 28 Feb. ãâã 1692. I Sir Will. Gore of Donnegale in the County of Donnegal and Kingdom of Ireland Baââronet do hereby humbly certify âHat a part of their Majesties Forces had free Quarters in the County of Donnegal other Counties in the Kingdom of Ireland during the late War and sometime after upon âââr Majesties Protestant Subjects and took much of their Goods for which they did not make âââisfaction and that when I demanded Satisfaction of some of the Officers of Collonel Tyffins ââgiment and others who Quartered longest there they did assure me their pay was stopped âatisfie the said Quarters and what was taken from the Inhabitants by their Men. That about 1500 Irish Officers and Soldiers most of them Armed under the Command of âââgadier O Donnel as they stiled him were quartered for the most part on the Protestant Inâââitant of the County of Donnegal with a great rabble of Wives Children and other depenââts for a considerable part of the Winter Anno 1691. during which time their Officers took ãâã Cattle by force from the Country people and particularly from James Hammond and Hugh ââderson who live near the Town of Donnegal by which they and many others were extreamââ improverished that the said Quarters were not satisfied or Cattle paid for when I left that âââgdom which was about 4 Months ago nor can I hear that they have been paid for since That the said Officers and Soldiers were extream insolent during their being quartered as âââesaid demanding of me the Abby of Donnegal to say Mass in and causing their Priest to say ãâã publickly in the Town and next house to the Castle of Donnegal who being rebuked for it ãâã he was King Williams Chaplain as being Chaplain to one of Brigadier O Donnels Regiments ââât was in the Kings pay as I was informed by those that spoke to him on this occasion They âââre extreamly importunate for liberty to Quarter their Women That the method of disarming them was thus They were warned to appear bring in their âââs on a certain day to the Governor of the County that they knew they were to be disarâââ some of their Officers having told me so by which means they brought in a most inconââârable number of unfixed Arms and kept the best which I believe they have still that I presâââ the Governor of the County to clap up one of the Officers that I knew had a great number ãâã Musquets and did not deliver them but he excused himself for want of Orders That I have been lately informed by Letters that the Kings Rent which is a Chiefrent payâââ out of most Estates into the Exchequer of Ireland are demanded from the most Estates in âââght and elsewhere which may keep waste none daring to Plant them for fear of being disâââed That I have received but four Pound since the year 1688. Out of an Estate that pays ââât 66 l. Yearly into the Exchequer that by the present Collecting the said Rents many Estates may be ruined run more more in Arrear except their Majesties will be pleased to for ãâã till the wisdom of a Parliament there may take such course in it as may be to their satisfactâââ All which I most humbly certify as truth having been a Spectator of most of the things hâââ in mentioned as witness my hand this 1st of March 1692. Will. ãâã Die Jovis 2. Martij 1692. IN Obedience to your Lordships Commands to give my Reasons why I did not mention ãâã which was given to me for Reasons why those persons that were aggrieved by the Goveâment in Ireland did not complain to the Lords Justices was this That they observed and ãâã believe nothing was done by the Commissioners of the Revenue but what was agreeable to tââ Majesties pleasure In obedience to your Lordships further Commands to explain who I mean by saying it ãâã thought Mr. Robinson had disposed of the Stores to the Value of 8000 l. for the use of sââ Body I mean my Lord Coningsby and himself Your Lordships are further pleased to command me to name who told me that it was tâââ purpose to complain to the Government of any Grievance and that they should be treated ãâã Enemies if they did was Mr. Joy in the case of his Wool Mr. Henry Davies in that of the ãâã Panns set to Judge Lindon and by Mr. Cocker in that of the Imbezlement of the Forfeâââ Goods and Stores He further adding that he had a small Imployment which he believeâ ãâã should have lost if he had appeared in any such thing Mr. Edward Haines a Sheriffs Peer and one of the Common Council of the City of Dubâââ told me that tho he and several others had a desire to complain of the Grievance in denyââ the City their Right of Electing their Lord Major they durst not do it for that the Lords ââstices looked upon any that complained as Enemies and that he was Indicted by the Lord ââjors order at their own Quarter Sessions for appearing in the right of the City tho the pââtence was for Words he spake and the Lord Major being not able to prevail with the Grâââ Jury to find the Bill he was Indicted at the Kings Bench and that he had heard they woââ Ruine him There was Mr. Flood and several others that made Complaints of the like Natâââ Fran. Brewster One of the Earl of Mulgraves Speeches in Parliament about the Bill Entituled An Act for the fâââdom of Elections and more impartial Proceedings in Parliament passed