House of Lords Journal Volume 12
6 November 1667

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 12: 6 November 1667', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 129-130. URL: http://british-history.ac.uk/report.aspx?compid=12495 Date accessed: 30 July 2014.


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DIE Mercurii, 6 die Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Cant.
Arch. Eborac.
Epus. Winton.
Epus. Chichester.
Epus. St. David's.
Epus. Ely.
Epus. Norwich.
Epus. Gloucester.
Epus. Litch. et Cov.
Epus. Chester.
Epus. Petriburgh.
Epus. Carlile.
Epus. Oxon.
Epus. Rochester.
Epus. Bangor.
Epus. Landaffe.
Epus. Lyncolne.
Epus. St. Asaph.
Sir Orlando Bridgman, Mil. et Bar. Ds. Custos Magni Sigilli.
Johannes Ds. Robertes, Custos Privati Sigilli.
Dux Bucks.
Dux Richmond.
Dux Albemarle.
Marq. Worcester.
Edwardus Comes Manchester, Camerarius Hospitii.
Comes Oxon.
Comes Northumb.
Comes Bedford.
Comes Nottingham.
Comes Suffolke.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Clare.
Comes Bolingbrooke.
Comes Westm.
Comes Berks.
Comes Dover.
Comes Petriburgh.
Comes Portland.
Comes Strafford.
Comes Scarsdale.
Comes Rochester.
Comes Essex.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylsebury.
Comes Burlington.
Vicecomes Hereford.
Vicecomes Say & Seale.
Vicecomes Conway.
Vicecomes Mordant.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Delawar.
Ds. Berkeley de Berkeley.
Ds. Windsor.
Ds. Cromwell.
Ds. (fn. *) Eure.
Ds. Pagett.
Ds. Arundell de Warder.
Ds. Tenham.
Ds. Brooke.
Ds. Howard de Charlt.
Ds. Grey de Warke.
Ds. Lovelace.
Ds. Poulett.
Ds. Howard de Esc.
Ds. Powis.
Ds. Newport.
Ds. Byron.
Ds. Vaughan.
Ds. Carington.
Ds. Ward.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brandon.
Ds. Crofts.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Delamer.
Ds. Townsend.
Ds. Ashley.
Ds. Crewe.
Ds. Arundell de Treric.

PRAYERS.

L. Townsend and Rector of Rainham, Bill.

The Earl of Dover reported, "That the Committee have considered the Bill for Confirmation of certain Lands exchanged, between the Lord Townsend, and the Rector of East and West Rainham, in the County of Norff.; and it doth appear to their Lordships, that the Lord Bishop of Norwich hath given his Consent thereunto, and that it is for the Advantage of the said Rector: Therefore their Lordships think it fit that the said Bill do pass, without any Alteration or Amendment."

Hodie 3a vice lecta est Billa, "An Act for Confirmation of an Exchange of certain Lands, between Horatio Lord Townsend, and the Rector of East and West Rainham, in the County of Norffolke."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

E. Denbigh versus Insley, for a scandalous Petition.

Upon Complaint made to this House, by the Earl of Denbigh, "That one Thomas Insley, Gentleman, hath exhibited a scandalous Petition against him to the King; shewing, That he hath been persecuted and overpowered by his Lordship; and that his Lordship hath been a Means of turning out One of His Majesty's honest loyal Justices, and threatens to turn out others:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Insley shall be summoned to appear at the Bar of this House To-morrow Morning, at Ten of the Clock, to answer the same.

Sir Wm. Juxon's Bill.

Hodie 1a vice lecta est Billa, "An Act for enabling Sir William Juxon Knight and Baronet, Executor of the last Will and Testament of William Juxon, late Archbishop of Cant. to recover Part of his Estate."

Report concerning Peers, Minors, having their Writs of Summons.

The Lord Chief Justice reported to this House, That the Judges, according to their Lordships Order the 31th of October last, have considered of the Two Questions referred to them; and that he was appointed, by all his Brethren the Judges, to deliver this Answer as the unanimous Opinion of them all to the First Question, videlicet, That, by the Law of England, in the ordinary Courts of Justice, no Minor can sit, or give any Judgement, as a Judge.

"As concerning the Second Question, the Judges conceive that Question is something perplexed with the Term ["or otherwise;"] therefore, they being not yet all of one Mind, and so not able to give an Opinion Affirmative or Negative, they desire further Time, to meet and consider thereof."

After some Debate hereof, it is ORDERED, That the further Debate of this Business shall be resumed Tomorrow Morning.

Prizing of Wines, Bill.

ORDERED, That the Committee for the Bill concerning the Prizing of Wines do meet this Afternoon, at Three of the Clock.

Capes, the E. of North'ton's Servant, released.

Upon Oath made at the Bar of this House, by Henry Hamp, "That Arthur Capes, Servant to the Earl of North'ton, and owned to be so by his Lordship, was, on the Tenth Day of October last, arrested, at the Suit of Sir Peter Wentworth, and carried to the Gaol of North'ton, where he still remains a Prisoner, contrary to the Privilege of Parliament:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Arthur Capes be forthwith discharged of his present Restraint: And this shall be a sufficient Warrant on that Behalf.

French, Barret, and Gibbins, to be attached for arresting him.

Upon Oath made, at the Bar of this House, by Henry Hamp, "That Arthur Capes, Servant to the Earl of North'ton, a Peer of this Realm, and owned to be so by his Lordship, was, on the Tenth Day of October last, arrested, and carried to the Gaol of North'ton, contrary to the Privilege of Parliament, by Richard French, Robert Barrett, and Richard Gibbins, at the Suit of Sir Peter Wentworth:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Bodies of the said Richard French, Robert Barret, and Richard Gibbins, and bring them in safe Custody to the Bar of this House, to answer their said Offences: And this shall be a sufficient Warrant on that Behalf.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 7um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.

Footnotes

* Bis in Originali.