House of Lords Journal Volume 12
4 November 1670

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 12: 4 November 1670', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 356-358. URL: http://british-history.ac.uk/report.aspx?compid=12681 Date accessed: 26 July 2014.


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DIE Veneris, 4 die Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

His Royal Highness the Duke of Yorke.
Arch. Cant.
Arch. Eborac.
Epus. London.
Epus. Winton.
Epus. Ely.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Oxon.
Epus. Rochester.
Epus. Chester.
Epus. St. Asaph.
Dux Cumberland.
Sir Orlando Bridgman, Mil. et Bar. Ds. Custos Magni Sigilli.
Marq. Worcester.
Marq. Dorchester.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Edwardus Comes Manchester, Camerarius Hospitii Domini Regis.
Comes Suffolk.
Comes Dorsett.
Comes Sarum.
Comes Bridgwater.
Comes Bollingbrooke.
Comes Berks.
Comes Dover.
Comes Wincbilsea.
Comes Norwich.
Comes Scarsdale.
Comes St. Albans.
Comes Sandwich.
Comes Anglesey.
Comes Carlile.
Comes Craven.
Comes Burlington.
Vicecomes Stafford.
Vicecomes Hallyfax.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Awdley.
Ds. Sandys.
Ds. Eure.
Ds. Willoughby.
Ds. Chandos.
Ds. Grey.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Powis.
Ds. Newport.
Ds. Byron.
Ds. Carrington.
Ds. Lucas.
Ds. Wotton.
Ds. Crofts.
Ds. Holles.
Ds. Cornwallis.
Ds. Delawarr.
Ds. Townsend.
Ds. Butler.
Ds. Fitzwater.

PRAYERS.

Bill against burning Houses, &c.

ORDERED, That the Committee for the Bill to prevent killing of Cattle, and burning Ricks of Hay, &c. do meet on Thursday next, at Three of the Clock in the Afternoon.

ORDERED, That Judge Raynsford do attend the Committee for preparing Bills against Perjury and Cheating in Matters of Trust this Afternoon.

House to be called.

ORDERED, That this House shall be called on Monday the 14th Day of this Instant November.

ORDERED, That the Committee appointed to consider of Abuses in Proceedings at Law do meet on Monday next, in the Afternoon.

Ly. Delawarr versus Tanton, Privilege.

This Day Thomas Tanton, at whose Suit the Lady Delawarr was prosecuted at Law, was brought to the Bar, who, being charged with the said Offence, answered to this Effect:

"He confessed that the Lady Delawarr owed him Money for Work, which he could not get; for Recovery of which Debt, one Walcot Brisco, an Attorney at Law, undertook the whole Business, for which he was to have Six Pounds; but denied that he knew the said Lady had Privilege of Parliament; which if he had known, he would rather have lost his Debt than have incurred the Danger thereby."

Princhard and Wilson, the Bailiffs, to remain in Custody.

Then William Princhard and Henry Wilson, Two of the Bailiffs that were ordered to be attached upon the Complaint of the Lady Delawarr, were brought to the Bar, as Delinquents, and, charged with their Offences, answered to this Effect: Princhard confessed, "He was employed by Walcot Brisco, an Attorney at Law, to attach the Person of the Lady Delawarr, upon a Capias Utlagatum, at the Suit of Thomas Tanton; but when he understood she had Privilege of Parliament, he refused to do it; whereupon Brisco told him, if he would not do it, he would sue the Sheriff, by which Means he was forced to endeavour to execute the said Writ."

Henry Wilson pleaded, "That he was but an Assistant to the Sheriff's Bailiffs, and was employed by Brisco the Attorney."

After this, Lucius Guilliams and Jane Basset were produced upon Oath; who testified, "That the said William Princhard and Henry Wilson, with divers other Persons, forcibly entered the House of the Lady Delawarr, with drawn Swords and other Weapons, and said, They would have the said Lady, dead or alive; and when the said Princhard and Wilson were told that her Ladyship had Privilege of Parliament, yet they proceeded to break open Doors, and inventoried the Goods of the said Lady."

Upon this, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That whereas William Princhard Bailiff and Henry Wilson his Assistant were this Day brought to the Bar, by the Serjeant at Arms attending this House, for a Breach of Privilege of Peerage and Privilege of Parliament, in forcibly entering the House of the Lady Dowager Delawarr, and breaking open Doors, and inventorying her Goods, and uttering vilifying Language against her, after they were forewarned that the Lady Delawarr had Privilege of Peerage and Privilege of Parliament; all which hath been proved against them upon Oath at the Bar of this House: It is ORDERED, That the said William Princhard and Henry Wilson shall remain in the Custody of the Gentleman Usher of the Black Rod attending this House, until the Pleasure of this House be further signified; and this shall be a sufficient Warrant on that Behalf.

L. Fitzwilliams versus Humberston, in Error.

Whereas His Majesty's Writ of Error, returnable into the House of Peers in Parliament assembled, is directed to the Lord Chief Justice of the Court of King's Bench, requiring him to bring up a Judgement of that Court, entered in the Rolls thereof, for Henry Humberston the Elder, against the Lord Fitzwilliams and Dame Anne his Wife, Executrix of John Creamer; it appearing to this House, that the said Lord Chief Justice of the Court of King's Bench is now sick:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Senior Judge now sitting in Court shall bring up the said Judgement into the House of Peers, with the Transcript thereof, according to the usual Form.

Ly. Howard's Petition for Dower.

Upon reading the humble Petition of Dame Katherine Howard, late Wife of Sir Robert Howard Knight of the Bath, deceased; complaining, "That, by reason of a dormant Entail, unknown to her and her Friends at the Time of her Marriage, she is debarred of her Dower or Thirds:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition be referred to the Lords Committees appointed to receive and consider of Petitions; whose Lordships, having considered thereof, are afterwards to make Report unto this House.

House to be called.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That on Monday the Fourteenth Day of November Instant this House shall be called.

Morris and Clayton versus Dove.

Whereas, by Order of this House, dated the 9th Day of April last, the Cause upon the Petition and Appeal of John Morris and Robert Clayton, from certain Proceedings in the Court of Chancery, and also upon the Answer of Thomas Dove, Executor to John Dove, deceased, put in thereunto, was appointed to be further heard on Thursday last, at the Bar of this House, by Counsel on both Sides, upon the same Proofs and Evidence which were taken in the said Cause in the Court of Chancery upon which the First Decree mentioned in the said Petition and Appeal was grounded:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Cause shall be further heard, at the Bar, by Counsel on both Parts, on Wednesday the Ninth Day of Nov'r Instant, at Ten of the Clock in the Forenoon.

L. Byron, Privilege, Hargrave & al. to be attached, for molesting his Servant in receiving the Tithes of Rochdale, Saddleworth, &c.

Upon reading the humble Petition of Richard Lord Byron, a Peer of this Realm; shewing, "That he was in the quiet Possession of the Tenths, Tithes, and Profits, of the Rectory and Parsonage of Rochdale, and Chapels of Saddleworth and Butterworth, in the Counties of Yorke and Lancaster, during this Session of Parliament;" and upon Oath made at the Bar of this House, by James Scofield, "That Abraham Scofield, the said Lord Byron's Servant actually employed about the said Tithes, was during this Session of Parliament arrested, by Jeremy Hargrave, Henry Whitacre, and Richard Holt, at the Suit of one James Ashworth, which said Jeremy, Henry, and Richard, (notwithstanding the said A'raham Scofield shewed them the Lord Byron's Protection) did keep him Prisoner Two Days, and carried him him Twenty-four Miles towards the County Gaol, to his very great Charge, contrary to the Privilege of Parliament:"

It is thereupon 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 Jeremy Hargrave, Henry Whitacre, and Richard Holt, and bring them in safe Custody to the Bar of this House, to answer for their said Offences; And this shall be a sufficient Warrant on that Behalf.

and Sir W. Juxon & al. to appear.

Upon reading the humble Petition of Richard Lord Byron, a Peer of this Realm; complaining, "That, being in the quiet Possession of the Tenths, Tithes, and Profits, of the Rectory and Parsonage of Rochdale, and Chapels of Saddleworth and Butterworth, in the Counties of Yorke and Lancaster, during this Session of Parliament, Sir William Juxon Knight and Baronet, pretending Title to the Premises, hath, in Violation of the Privilege of Parliament, sued and proceeded to Trial with Thomas Lord and Joseph Lord and others, at the last Summer Assizes at Lancaster, where Oath was made that the Lord Byron's Title was therein concerned, and his Privilege was pleaded, but would not be submitted to by Sir William Juxon, who obtained Judgement, by reason that no Defence was made; and further, that Francis Coles and Thomas Buckley have actually collected the said Tithes, by Sir William Juxon's Order; and that the said Coles affirmed, "That if it were a Breach of Privilege, he would answer it;" and moreover, that Abraham Scofield, the Lord Byron's Servant actually employed about the said Tithes, was, during this Session of Parliament, arrested, at the Suit of James Ashworth:

All which Proceedings being contrary to the Privilege of Parliament; it is thereupon ORDERED, That the said Sir William Juxon, Francis Coles, Thomas Buckley, and James Ashworth, be, and they and every of them are hereby, required personally to appear, at the Bar of this House, within Ten Days next after they shall respectively be served with this Order, to answer to the Complaints of the said Petition, and hereof they may not fail; and that all Proceedings had, by the said Sir William Juxon or his Agents, concerning the said Tithes, Tenths, and Profits, since the Time of Privilege of Parliament be stopped.

L. Fitzwalter's Claim of Precedency.

This Day the Counsel of Benjamin Lord Fitzwalter was heard, to make good his Claim of his Precedency to all Barons now sitting as Barons.

To that Purpose, these Records following were urged by the Counsel; videlicet,

Robert Baron Fitzwalter was summoned to Parliament, by Writ, Claus. Roll, 23 E. I. Memb. 9°. Dorso.

Robert Baron Fitzwalter was summoned to Parliament Claus. 19° E. H. M. 27. Dorso.

John Baron Fitzwalter was summoned to Parliament, Claus. 15 E. III. M. 37. Dorso.

Gualter Baron Fitzwalter was summoned to Parliament, Claus. 43 E. III. M. 24. Dorso.

Gualter Baron Fitzwalter was summoned to Parliament, Claus. 14 R. II. M. 42. Dorso.

Gualter Baron Fitzwalter was summoned to Parliament, Claus. 7 H. VI. M. 2. Dorso.

Then the Counsel of George Lord Berkley of Berkley desired to be heard on his Lordship's Behalf, to oppose the Claim of the Lord Fitzwalter.

Thereupon it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Counsel of the Lord George Berckley, or any other Lord, shall be heard on Thursday the Tenth Day of this Instant November, to oppose the said Claim of the Lord Fitzwalter.

Adjourn.

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

Hitherto examined by us,

Dorsett.
J. Bridgewater.
Craven.
Geo. Eure.
Byron.