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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