House of Lords Journal Volume 2: 12 April 1604

DIE Jovis, videlicet, 12 mensis Aprilis:

Windsor's Restitution.

HODIE 1^a vice lecta est Billa, An Act for Restitution in Blood of the Sons of Edward Windsor, Esquire.

Sir G. Hume's Naturalization.

Hodie 3^a vice lecta est Billa, An Act for the Naturalizing of Sir George Howme, Knight, Lord Treasurer of Scotland, his Wife and Children.

Witchcraft.

Upon a Motion, made by the Earl of Shrewsburie, That the Meeting of the Committees on the Bill against Conjuration and Witchcraft (which was appointed to have been this Afternoon) might be deferred, in regard some of them were to attend the King's Majesty this present Day; it was Ordered by the House, That the said Meeting should be respited until Sunday in the Afternoon, at the Court.

The Proceedings, at the first Hearing of the Cause betwixt Edward Nevile and the Competitor, concerning the Barony of Bergevenie.

Neville and Vane, for the Barony of Abergavenny.

This Day, Edward Nevile, of Bergevenie, and Sir Francis Vane, Son of the Lady Marie Vane, his Competitor, with the Counsel Learned of both Parts, gave their Attendance before the Lords, in the Higher House of Parliament; and, when Mr. Serjeant Dodderidge, in the Behalf of the said Edward Nevile, had delivered the Claim and Title by him pretended to the Barony of Bergevenie, alledging divers Reasons and Precedents to fortify the same (beginning the Root of his said Claim from the Time of Henry the Third, and so descending downwards until this present), forasmuch as Mr. Serjeant Altome (being of the Lady Vane's Counsel, and having entered into his Answer unto the Speech of Serjeant Dodderidg) did alledge, that he was not fully prepared for Answer (in regard it was beyond his Expectation, that any Precedents of former Times, before the Sixteenth of Richard the Second, should be now produced on the Part of Mr. Nevile; for that, at a Hearing of this Cause before the late Earl Marshal, the said Competitors did then agree to proceed only on such several Titles as they could produce since the said Sixteenth of Richard the Second;) and did therefore humbly desire their Lordships, that his Answer might be respited until he were better prepared for that Purpose. Of this his Request, their Lordships, intending to have Consideration, first willed the Competitors, and their said Counsel, to withdraw themselves for a while out of the House; and then, after much Debate and Consultation had thereof, the Question being propounded by the Lord Chancellor, Whether the said Serjeant Altome should answer unto so much as he was prepared for (being from the aforesaid Time of the Sixteenth of Richard the Second until this present), or have Respite until some other meet Time for the answering of the Whole together, which had been delivered by Mr. Serjeant Dodderidge; it was, by the major Part of Voices, Resolved, That Serjeant Altome should speak presently unto such Part as he was prepared for, as aforesaid: And thereupon the said Competitors, and their Counsel, were called again into the House, and Serjeant Altome required to make his Answer accordingly; which being by him performed, and the Cause afterwards more at large argued and controverted by the said Serjeants, and others of the Counsel on both Parts, it was, in the End, thought meet by the Lords, and so Ordered (for the more clear understanding of the same, and the more effectual and speedy proceeding therein), That the said Counsel Learned should set down in Writing their several Claims and Titles to the Barony, together with the particular Precedents which they could alledge on either Part, making Application of the Precedents unto the several Claims, and should mutually deliver them each to other before Sunday next, for their more Readiness against the next Pleading of the said Cause; which they appointed to be upon Thursday next, the Nineteenth of this Instant, whereof the Lord Chancellor charged the Competitors and their Learned Counsel to take Notice; and it was further Ordered, That either Part shall acquaint Mr. Attorney General with their Claims and Precedents, for his better Information if the Cause may any way concern His Majesty's Right.

Adjourn.

Dominus Cancellarius continuavit præsens Parliamentum usque in diem Sabbati, videlicet, 14^th instantis Aprilis, hora octava.

12 die mensis Aprilis, 1604.

The Order of the Court more briefly set down, as it was delivered unto the Parties.

Further Hearing deferred.

It is Ordered by the said Court, That, forasmuch as the Cause in Question, betwixt Edward Nevile of Bergevenie, and the Lady Marie Vane, touching the rightful Claim to the Barony of Bergeveny (having been this Day begun to be pleaded and debated before the Lords, by the Counsel learned on each Part), could not, at this present, have full and sufficient Hearing, both in regard it required larger Time, and withal because the said Counsel Learned, on the Behalf of Mr. Nevile, had now deduced and derived his Claim, with Precedents for the same, from more ancient Time than had been heretofore pretended (when the same Question was debated in the late Queen's Time before the Earl Marshal of England); and thereupon the Counsel Learned, on the Part of the Lady Vane, humbly craved longer Respite, to give their more perfect Answer, being not prepared to speak to that more ancient Deduction and Derivation of the Claim than was expected, or formerly mentioned; therefore, the Parties on each Side, with their Learned Counsel, shall give their Attendance on the Court again, and have further Hearing, on Thursday, the 19th of this Instant April, by Eight of the Clock in the Morning; and, in the mean Time, shall set down in Writing their several Claims and Titles, together with the particular Precedents which they can alledge on either Part, making Application of the Precedents unto their several Claims; and shall mutually deliver them each to other, before Sunday next, for their more Readiness against the next Pleading; and it is likewise Ordered, That either Part shall acquaint Mr. Attorney General with their Claims and Precedents.