House of Lords Journal Volume 12
9 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: 9 February 1674', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 630-631. URL: http://british-history.ac.uk/report.aspx?compid=12872 Date accessed: 23 October 2014.


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DIE Lunæ, 9 die Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of York.
Epus. London.
Epus. Hereford.
Epus. Rochester.
Epus. Landaff.
Epus. Exon.
Epus. Chichester.
Epus. Oxon.
Epus. Bristoll.
Epus. Bath & Wells.
Epus. Chester.
Dux Cumberland.
Ds. Finch, Ds. Custos Magni Sigilli.
Ds. Thesaurarius Angliæ.
Ds. Custos Privati Sigilli.
Marq. de Worcester.
Comes Norwichiæ, et Marescallus Angl.
Comes de Brecknock, Senescallus Hospitii Domini Regis.
Comes St. Albans, Camerarius Hospitii Domini Regis.
Comes Oxon.
Comes Kent.
Comes Bedford.
Comes Dorset.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Bristoll.
Comes Clare.
Comes Bollingbrook.
Comes Westmerland.
Comes Berks.
Comes Mulgrave.
Comes Dover.
Comes Petriburgh.
Comes Sunderland.
Comes Scarsdale.
Comes Cardigan.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylisbury.
Comes Shaftsbury.
Vicecomes Hereford.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Mordant.
Vicecomes Hallyfax.
Ds. Awdley.
Ds. Berkley.
Ds. Fitzwalter.
Ds. Stourton.
Ds. Sandys.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. Grey de Wark.
Ds. Pawlett.
Ds. Maynard.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Herbert de Cher.
Ds. Newport.
Ds. Byron.
Ds. Vaughan.
Ds. Widdrington.
Ds. Ward.
Ds. Colepeper.
Ds. Asteley.
Ds. Lucas.
Ds. Bellasis.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Delamer.
Ds. Townsend.
Ds. Fretchvile.
Ds. Arundell de Trer.
Ds. Butler de M. Park.
Ds. Butler de Weston.
Ds. Grey de Rollston.

PRAYERS.

Bill to regulate the Trial of Peers.

Hodie 3a vice lecta est Billa, "An Act for the better regulating of the Trials of the Peers of England."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Mundiford Bramston and Sir Tymothy Baldwin:

To deliver to them the Bill for the better regulating of the Trials of the Peers of England, and to desire their Concurrence thereunto.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Thomas Lee and others; who presented a Bill, which the Commons have passed, intituled, "An Act to prevent the illegal Imprisonment of the Subject;" to which they desire their Lordships Concurrence.

Message from thence, with a Vote concerning the D. of Norfolk.

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

That they have passed a Vote, "That an Address be presented to His Majesty, to desire Him to appoint some Persons to bring the Duke of Norfolk safe into England;" to which Vote the Commons desire their Lordships Concurrence.

The Answer returned was:

Answer.

That the Lords will take their Message into Consideration, and return an Answer by Messengers of their own.

Zouch versusGawler & al. Privilege of Convocation.

Upon Complaint made to this House, and the Oath of Edward Laurance at the Bar, "That Thomas Gawler and Nathaniell Sanford, alias Wheeler, Bailiffs of the Sheriff of the County of Dorset, did, on the 28th of December last, within the Time of Privilege of Parliament, arrest Mr. William Zouch, of Spetsbury, in the said County, a Member of the Convocation held at Westminster; and, notwithstanding that the Statute of Privilege of Members of the Convocation was read to them, they refused to discharge him out of their Custody, but forced him to give a Bail Bond (being sick) to prevent his being carried to Prison:"

All which being 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 Thomas Gawler and Nathaniell Sanford, alias Wheeler, 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.

Darrell versus Whitchcot.

Whereas Sir Jeremy Whitchcott Baronet hath this Day put in his Answer in Writing to the Petition of Marmaduke Darrell Esquire, depending in this House:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel on both Parts, upon the said Petition and Answer at the Bar upon Wednesday the Eighteenth Day of this Instant February, at Ten of the Clock in the Forenoon; of which the Petitioner is to cause timely Notice to be given to the said Defendant, to the End he may be ready at the Time aforesaid: And that some of the Judges do attend this House when the Cause is heard.

ORDERED, That Cusack's Petition be read To-morrow Morning.

The Lord Holles is added to the Committee for Privileges.

Love & al. versus Oxinden & al.

This House having heard this Day the Counsel between William Love and others Plaintiffs, against Sir Henry Oxinden and others Defendants:

It is ORDERED, That this House will take into Consideration on Wednesday next, the 11th of February, what Determination to give therein.

The Lord Berkley of Berkley is added to the Committees for Privileges and Petitions.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, decimum diem instantis Februarii, hora nona Aurora, Dominis sic decernentibus.