House of Lords Journal Volume 12
3 February 1674

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1767-1830

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'House of Lords Journal Volume 12: 3 February 1674', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 625-627. URL: http://british-history.ac.uk/report.aspx?compid=12868 Date accessed: 02 September 2014.


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DIE Martis, 3 die Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. London.
Epus. Winton.
Epus. Sarum.
Epus. Landaff.
Epus. Chichester.
Epus. Oxon.
Epus. Cov. et Litch.
Epus. Bristoll.
Epus. Gloucester.
Epus. Bath & Wells.
Epus. Chester.
Epus. Bangor.
Dux Cumberland.
Ds. Finch, Ds. (fn. *) Magni Sigilli.
Ds. Thesaurarius Angliæ.
Ds. Custos Privati Sigilli.
Dux Monmouth.
Marq. Worcester.
Comes de Lyndsey, Magnus Camerarius Angl.
Comes de Brecknock, Senescallus Hospitii Domini Regis.
Comes S'ti Albani, Camerarius Hospitii Domini Regis.
Comes Oxon.
Comes Kent.
Comes Bedford.
Comes Suffolke.
Comes Dorsett.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Bristoll.
Comes Bath.
Comes Bollingbrooke.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Dover.
Comes Petriburgh.
Comes Carnarvon.
Comes Chesterfield.
Comes Sunderland.
Comes Scarsdale.
Comes Cardigan.
Comes Carlile.
Comes Craven.
Comes Aylisbury.
Comes Burlington.
Comes Shaftsbury.
Vicecomes Hereford.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Mordant.
Vicecomes Hallyfax.
Ds. Awdley.
Ds. Delawar.
Ds. Berkley de Berk.
Ds. Stourton.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. Petre.
Ds. Maynard.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Newport.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Widdrington.
Ds. Ward.
Ds. Asteley.
Ds. Lucas.
Ds. Bellassis.
Ds. (fn. †) Rockingham.
Ds. Gerard de Brand.
Ds. Crofts.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Delamer.
Ds. Townsend.
Ds. Fretchvile.
Ds. Arundell de Trer.
Ds. Butler de M. Park.
Ds. Duras.
Ds. Butler de West.
Ds. Grey de Rolleston.

PRAYERS.

Message from H. C. for a Conference concerning the Vote for a Treaty.

A Message was brought from the House of Commons, by the Lord St. John and others:

To desire a Conference, concerning the Vote sent down for Advice to His Majesty, about a Treaty with The States Generall for a Peace.

The Answer returned was:

That this House will give a Conference; and appoints the same to be presently, in the Painted Chamber.

The L. Keeper,
L. Treasurer,
L. Privy Seal,
L. Steward,
Comes Bridgwater,
Comes Shaftsbury,
Vicecomes Hallyfax,
Ds. Berkley Berk.
Ds. Holles,



Are appointed to report
this Conference.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference.

Then the Lord Keeper reported the Effect of the Conference:

"That the House of Commons having received a Vote from their Lordships, for joining in an Address to His Majesty, upon Consideration of His Majesty's Gracious Speech, and the whole Matter now before them, to give their Opinion, "That His Majesty be humbly advised to proceed in a Treaty with The States Generall of The United Provinces, in order to a speedy Peace;" the Commons say, They are very desirous to agree with their Lordships in the said Vote, and do agree therein, leaving out these Words, ["and the whole Matter now before them"]."

To which Alteration this House agreed with the House of Commons.

The Vote, as now agreed, is as followeth:

Vote to advise the King to proceed in a Treaty with The States.

"The Lords Spiritual and Temporal, and Commons, in Parliament assembled, upon Consideration of His Majesty's Gracious Speech, are of Opinion, That His Majesty be humbly desired to proceed in a Treaty with The States Generall of The United Provinces, in order to a speedy Peace."

Message to H. C. for a Conference about it.

A Message was sent to the House of Commons, by Sir Thomas Beversham and Sir Will. Glascock:

To desire a present Conference, in the Painted Chamber, upon the Matter of the last Conference.

King's Pleasure, when He will be attended with it.

ORDERED, That the Lord Treasurer, Lord Great Chamberlain, Lord Steward, and the Lord Chamberlain, are appointed by this House to attend His Majesty, to know His Pleasure, what Time both Houses shall wait upon His Majesty, with their Address, touching a Treaty of Peace with The States Generall of The United Provinces.

King's Answer.

The Lord Treasurer reported, "That his Lordship and the other Lords have waited on His Majesty, to know what Time He will appoint both Houses to attend Him; and His Majesty hath appointed Thursday next, in the Afternoon, at Three of the Clock, in the Banqueting House in Whitehall."

Answer from H. C.

The Messengers sent to the House of Commons, return with this Answer:

That they will give a Conference, as is desired.

The same Lords that reported the Conference are to manage this; and to let the Commons know, that this House agrees with them in the Amendment in the Address to His Majesty, concerning a Treaty for Peace with The States Generall; and that their Lordships having sent to His Majesty, to know what Time He will please to appoint both Houses to wait upon Him to present the same, His Majesty hath appointed Thursday next, in the Afternoon, at Three of the Clock, in the Banqueting House at Whitehall, for that Purpose.

Report of the Conference about the Vote for the Treaty.

Then the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

And then the Lord Keeper reported, "That he had delivered to the Commons what he was directed by this House."

Christ's Hospital versus Grocers Company and Cholmley.

Upon reading the Petition of the Governors of Christ's Hospitall in London, on the Behalf of the Poor of the Parish of Acton, and several other Devises of Katherine Viscountess Conway, deceased, complaining of the Company of Grocers, London, late Trustees for the said Lady's charitable Gifts, for not paying several Sums Yearly, as for some Time they had done; and also of being put out of Possession of the Hall belonging to the said Company, by Margaret and Elizabeth Cholmeley, and others, Creditors of the said Company, in Manner as in the said Petition is set forth:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Margaret and Elizabeth Cholmeley be, and are hereby, required to put in their Answer to the said Petition, in Writing, at the Bar of this House, on Saturday the Seventh Day of February Instant, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause timely Notice to be given to the said Margaret and Elizabeth Cholmelcy, or their Agent employed in the said Cause.

Yeanly versus Yeanly.

Upon reading the Petition of James Yeanly this Day; shewing, "That he hath a Petition and Appeal depending before the Lords Committees appointed to receive and consider of Petitions; to which Richard, Elizabeth, Sarah, Anne, and Judith Yeanely, were to put in their Answers before the said Lords Committees, which they have not yet done:"

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition read this Day be, and is hereby, referred to the said Lords Committees, who are to give such Directions concerning the same as they shall think fit.

Baker versus Warden.

Upon reading the Petition of Bernard Lipscombe; shewing, "That having obtained a Verdict in the Court of King's Bench, in the Name of David Warden, against John Baker Esquire, who hath brought the same into this Court, by Writ of Error, on the 23th Day of January last, but hath not prosecuted the same by assigning Errors within Eight Days according to the Rules of this High Court; and therefore prays, That a short Day may be set, for the said John Baker to assign his Errors, or that the Record may be remitted:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Baker be, and is hereby, required peremptorily to assign his Errors on the said Writ, on or before Tuesday the Tenth Day of February Instant, at Ten of the Clock in the Forenoon.

E. of Essex, Privilege.

ORDERED, That the Case of the Earl of Essex shall be read on Thursday Morning next.

Heads for securing the Protestant Religion.

The House resuming the former Debate concerning the Clause in His Majesty's Speech, made the Seventh of January last, for the better securing the Protestant Religion:

After much Debate;

The Question being put, "Whether that the Committee of the whole House, appointed to draw up a Bill or Bills for securing the Protestant Religion, shall be directed, as One Head, to take Care that the Eldest Sons of the Peers of this Realm, who are Roman Catholics, may be bred up in the Protestant Religion, as it is established in the Church of England, during their Fathers Lives?"

It was Resolved in the Affirmative.

Papists Children to be brought up Protestants.

ORDERED, That another Head for the Committee of the whole House to consider of shall be, for taking Care of the Education of such Children in the Protestant Religion, as it is established in the Church of England, whose Fathers are dead, and were of the Popish Religion.

Winckle versus Hodgskin.

Upon reading the Petition of Richard Winckle and Charity his Wife, being an Appeal from a Dismission of their Bill out of the Court of Chancery, on the Eleventh Day of July, in the Three and Twentieth Year of our Sovereign Lord the King that now is, concerning the Settlement of an Estate, made by Henry Hodgskin, late Citizen and Vintner of London, and Father of Ralph Hodgskin, One of the Defendants to the said Bill, as in the said Petition and Appeal is set forth:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Ralph Hodgskin be, and is hereby, required to put in his Answer to the said Petition in Writing, at the Bar of this House, on Wednesday the Eleventh Day of this Instant February, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause timely Notice to be given to the said Ralph Hodgskin for that Purpose.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 5um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

J. Bridgewater.
Craven.
Stafford.
Byron.

Footnotes

* Deest in Originali.
Origin. Rockington.