House of Lords Journal Volume 12
7 February 1674

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 12: 7 February 1674', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 629-630. URL: http://british-history.ac.uk/report.aspx?compid=12871 Date accessed: 02 October 2014.


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DIE Sabbati, 7 die Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Epus. London.
Epus. Winton.
Epus. Hereford.
Epus. Sarum.
Epus. Petriburgh.
Epus. Rochester.
Epus. Landaff.
Epus. Chichester.
Epus. Oxon.
Epus. Cov. et Litch.
Epus. Bristoll.
Epus. Bath & Wells.
Epus. Chester.
Epus. Bangor.
Dux Cumberland.
Ds. Finch, Ds. Custos Magni Sigilli.
Ds. Thesaurarius Angliæ.
Ds. Custos Privati Sigilli.
Dux Monmouth.
Marq. de Worcester.
Comes de Brecknock, Senescallus Hospitii Domini Regis.
Comes Bedford.
Comes Dorset.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Bristoll.
Comes Clare.
Comes Bollingbrooke.
Comes Berks.
Comes Mulgrave.
Comes Dover.
Comes Petriburgh.
Comes Scarsdale.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylisbury.
Comes Shaftsbury.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Mordant.
Vicecomes Hallyfax.
Vicecomes Yarmouth.
Ds. Awdley.
Ds. Delawar.
Ds. Berkley.
Ds. Morley.
Ds. Stourton.
Ds. Sandys.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. Lovelace.
Ds. Maynard.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Newport.
Ds. Byron.
Ds. Widdrington.
Ds. Ward.
Ds. Colepeper.
Ds. Asteley.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brand.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Delamer.
Ds. Fretchvile.
Ds. Arundell de Trer.
Ds. Butler de Moore Park.
Ds. Duras.
Ds. Butler de West.

PRAYERS.

Wood and Timber, for preserving, Bill.

Hodie 2a vice lecta est Billa, "An Act for the planting and preserving of Wood and Timber."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Dux Cumberland.
L. Privy Seal.
Comes Bedford.
Comes Dorset.
Comes Sarum.
Comes Bridgwater.
Comes Bristoll.
Comes Bollingbrook.
Comes Berks.
Comes Dover.
Comes Scarsdale.
Comes Bath.
Comes Craven.
Comes Aylisbury.
Comes Shaftsbury.
Vicecomes Stafford.
Vicecomes Mordant.
Vicecomes Hallyfax.
Epus. London.
Epus. Winton.
Epus. Hereford.
Epus. Petriburgh.
Epus. Rochester.
Epus. Oxon.
Epus. Bath.
Epus. Chester.
Ds. Awdley.
Ds. Delawar.
Ds. Berkley Berk.
Ds. Wharton.
Ds. Mohun.
Ds. Newport.
Ds. Byron.
Ds. Widdrington.
Ds. Ward.
Ds. Holles.
Ds. Delamer.
Ds. Fretchvile.
Ds. Arundell de Trer.
Ds. Grey de Rolleston.

Their Lordships, or any Five; to meet on Wednesday next, at Three of the Clock in the Afternoon, in the Prince's Lodgings.

ORDERED, That the Earl of Carlile and Vicecomes Mordant are added to the Committee for the Bill for encouraging English Manufactures; and the Lord Sandys and the Lord Windsor are added to the Committee for Privileges.

Heads for securing the Protestant Religion.

ORDERED, That on Tuesday Morning next this House shall be put into a Committee, to take into Consideration the Heads for preparing a Bill or Bills for securing the Protestant Religion; and no other Business to intervene.

E. Carlisle, Privilege, against Linke for scandalous Words.

Upon Oath made this Day at the Bar, by Robert Barnes, "That Ezekiell Linke hath uttered very scandalous Words against the Earl of Carlile, a Peer of this Realm:"

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 Body of the said Ezekiell Linke, and bring him in safe Custody to the Bar of this House, to answer for his said Offence; and this shall be a sufficient Warrant on that Behalf.

Judges Report concerning Ly. O Baron's Claim to the Barony of Clifton, of Leighton Bromswold.

The Lord Chief Justice of the Court of Common Pleas reported to the House, "That, according to an Order of the 20th of January last, he, and the Lord Chief Baron of the Court of Exchequer, Baron Turner, Justice Raynsford, Baron Littleton, Justice Atkins, Justice Ellis, and Baron Thurland, had met, and considered of the Claim made by the Lady Katherine O Brian to the Barony of the late Lord Cliston, of Leighton Bromswold, in the County of Huntingdon, by her Petition to His Majesty, praying His Majesty to declare her Right, without Complaint of any Hinderance to enjoy it; the Examination of which His Majesty referred to my Lord Keeper (then His Attorney General); and the Fact of the Case being by him thereupon reported to His Majesty, His Majesty was pleased to refer the Petition and Report to their Lordships.

"That all the said Judges were unanimous in their Opinion, which he was now to declare; (videlicet,)

"That taking the Case in Fact to be (for so they must) as His Majesty's Attorney General reported it to be, and as it stands transmitted to this House, they find it to be thus, as to this Lady's Claim of the said Barony:

"That Sir Jervis Cliston was summoned to Parliament, by the Name of Jervis Cliston, of Leighton Bromswold, Chevalier, by Writ (in the ordinary Form of Writs), dated Nono Julii, Sexto Jacobi, to come to the next Session of Parliament to be holden at Westm. by Prorogation 27° Octobris following.

"That accordingly he did come, and sit in Parliament, as One of the Peers of England.

"That he died 16 Jacobi, leaving Issue behind him Katherine his sole Daughter and Heir, who married to the Lord Aubigny, after Duke of Lenox.

"That the said Duke, 17° Jacobi, was by Letters Patents, created Baron Leighton, of Leighton Bromswold, in Comitat. Huntington, to him and the Heirs Males of his Body, whereof none are now living.

"That the Petitioner is lineally descended from him, and is his Heir (by the said Report), and as such now claims the Barony of the said Clifton.

"All which being admitted to be true; they are of Opinion,

"1st. That the said Jervis Cliston (by virtue of the said Writ of Summons and his Sitting in Parliament accordingly) was a Peer and Baron of this Kingdom, and his Blood thereby ennobled.

"2. That his said Honour descended from him to Katherine his sole Daughter and Heir; and successively, after several Descents, to the Petitioner, as lineal Heir to the said Lord Cliston.

"3. That therefore the Petitioner is well entitled to the said Dignity."

Upon Consideration had by this House of the Petition of the Lady Katherine O Brian, on the Behalf of herself and Donatus O Brian her Son, claiming a Right to the Barony of Cliston, of Leighton Bromswold, in the County of Huntington; as also of His Majesty's Reference of the said Lady's Claim (and the Report of His Majesty's then Attorney General concerning the same, and thereunto annexed) to this House; after hearing Counsel at the Bar, as well on His Majesty's Behalf, as for the said Petitioner, and also the Opinion of the Judges given in this House concerning the same:

It is this Day Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lady O Brian hath Right to the Barony of Cliston.

Dr. Salmon versus Hamburgh Company.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition of Peter Salmon Doctor in Physic, One of the Creditors of the Company of Merchant Adventurers of England, commonly called the Hambrough Company, which was this Day presented to this House, shall be taken into Consideration by their Lordships on Monday the Sixteenth Day of February Instant, at Ten of the Clock in the Forenoon.

Streater versus Roper & al. in Error.

Upon reading the Petition of Abel Roper, Francis Tyton, Thomas Collins, and others; shewing, "That they having obtained a Judgement in the Court of King's Bench, against John Streater, for printing Crooke's Reports, the said John Streater hath brought the same into this Court, by Writ of Error, on the 23th 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 Streater 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 Streater be, and is hereby, required peremptorily to assign his Errors on the said Writ on or before Saturday the Fourteenth Day of this Instant February, at Ten of the Clock, in the Forenoon.

Adjourn.

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