House of Lords Journal Volume 12
11 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: 11 February 1674', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 632-634. URL: http://british-history.ac.uk/report.aspx?compid=12874 Date accessed: 01 August 2014.


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DIE Mercurii, 11 die Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. London.
Epus. Winton.
Epus. Hereford.
Epus. Sarum.
Epus. Rochester.
Epus. Landaff.
Epus. Lyncolne.
Epus. Chichester.
Epus. Oxon.
Epus. Cov. & Litch.
Epus. Bristoll.
Epus. Gloucester.
Epus. Bath et Wells.
Epus. Chester.
Epus. Bangor.
Dux Cumberland.
Ds. Finch, Ds. Custos Magni Sigilli.
Ds. Thesaurarius Angliæ.
Marq. de Worcester.
Comes Lyndsey, Magnus Camerarius Angl.
Comes de Norwich, Comes Marescallus Angl.
Comes de Brecknock, Senescallus Hospitii Domini Regis.
Comes S'ti Albani, Camerarius Hospitii Domini Regis.
Comes Bedford.
Comes Dorset.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Warwick & Holl.
Comes Denbigh.
Comes Bristoll.
Comes Midd.
Comes Clare.
Comes Bollingbrooke.
Comes Westmerland.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Dover.
Comes Petriburgh.
Comes Sunderland.
Comes Scarsdale.
Comes Cardigan.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylisbury.
Comes Arlington.
Comes Shaftsbury.
Vicecomes Hereford.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Mordant.
Vicecomes Hallyfax.
Ds. Awdley.
Ds. Delawar.
Ds. Berkley.
Ds. Morley.
Ds. Fitzwalter.
Ds. Stourton.
Ds. Sandys.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. Petre.
Ds. Tenham.
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. Lucas.
Ds. Bellasis.
Ds. Gerard de Brand.
Ds. Crofts.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Delamer.
Ds. Townsend.
Ds. Fretchvile.
Ds. Arundell de Trer.
Ds. Butler.
Ds. Duras.
Ds. Grey de Rolleston.

PRAYERS.

King present.

His Majesty, sitting in His Royal Throne, adorned with his Regal Ornaments, directed the Gentleman Usher of the Black Rod to give the House of Commons Notice, that they come up and attend Him presently.

Who being come, His Majesty made a short Speech, to this Effect following:

His Majesty's Speech.

"My Lords and Gentlemen,

"I have pursued your Advice, and am come hither to tell you, that, according to your Desires, I have made a speedy, honourable, and, I hope, a lasting Peace, signed already.

"Mr. Speaker, and you Gentlemen of the House of Commons,

"I told you Yesterday in the Banqueting House, that I would give you a speedy Answer to your Address about disbanding the Forces therein mentioned; and I do assure you, that before you made your Address, I had given Orders for the doing of it, as soon as I should be sure of the Peace; and I shall reduce them to a less Number than they were in the Year 1663, and shall give Direction for the March of those who are to return to Ireland, who were brought from thence. And as our Forces are lessened at Land, it will be necessary to build more great Ships; for we shall not be safe, unless we equal the Strength of our Neighbours at Sea: Therefore I shall recommend it to your Care to give Me Means for the effectual doing thereof. And this is all I have to say to you at this Time."

Lauze and Le Nude Nat. Bill.

Hodie 2a vice lecta est Billa, "An Act for the Naturalization of Stephen Lauze and Benjamin Le Nude."

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

Comes Dorsett.
Comes Bridgwater.
Comes Sarum.
Comes Denbigh.
Comes Berks.
Comes Dover.
Comes Craven.
Comes Aylisbury.
Vicecomes Stafford.
Vicecomes Hallyfax.
Bp. London.
Bp. Winton.
Bp. Rochester.
Bp. Landaff.
Bp. Oxon.
Bp. Gloucester.
Bp. Bath.
Bp. Chester.
Ds. Berkley de Berk.
Ds. Maynard.
Ds. Widdrington.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Grey de Roll.

Their Lordships, or any Five of them; are to meet on Saturday next, at Three of the Clock, in the Afternoon, in the Prince's Lodgings; and to adjourn themselves from Time to Time as they please; and have Power to add the Names of such other Persons, and make such Alterations therein, and hear such Persons concerning the same, as they shall think fit; and are afterwards to make Report thereof unto the House.

Apprentices and Servants governing, Bill.

Hodie 1 vice lecta est Billa, "An Act concerning Apprentices and Servants, and the well-governing of them."

Address of Thanks to the King.

ORDERED, That this House do present their humble Thanks to His Majesty, for His Gracious Speech made this Day; and concluding a Peace according to their humble Advice and Desire.

Message to H. C. for their Concurrence.

A Message was sent to the House of Commons, by Sir Mundlford Brampston and Sir William Glascock; to desire their Concurrence in the Order following:

"The Lords Spiritual and Temporal, and, in Parliament assembled, to return their humble Thanks to His Majesty, for His Gracious Speech made this Day; and concluding a Peace according to their humble Advice and Desire."

Answer.

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

That they will return an Answer by Messengers of their own.

Report of Privilege of Peers Children.

Upon Report made by the Lord Privy Seal, from the Lords Committees appointed to consider of the Privileges of the Peers of England, "That their Lordships, having considered of the Matter referred to them, how far the Sons of Peers may have Privilege of Parliament, are of Opinion.

"1. That Peers Children, being under Age, unmarried, and living in their Fathers House, ought to have Privilege of Parliament, from Indictments and Prosecution for Recusancy.

"2. That all such Children of Peers have Privilege from Arrests.

"3. That the Children of Peers unmarried, and of Age, living in their Fathers House, ought to have Privilege of Parliament, in Freedom from Arrests."

ORDERED, That this House agrees with the Committee in the First and Second Vote.

The Question being put, "Whether to agree with the Committee in this last Clause?"

It was Resolved in the Affirmative.

Message from H. C. for a Conference about the Address to the King.

A Message was brought from the House of Commons, by Baptist May Esquire, and others:

To desire a Conference, touching the Matter of their Lordships last Message.

The Answer returned was:

Answer.

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

Then these Lords following were appointed Reporters of this Conference:

L. Keeper.
L. Privy Seal.
E. Bollingbrooke. L. Holles.

Report of the Conference:

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

The Lord Keeper reported, "That he and the other Lords appointed to report this Conference have attended the said Conference, which was managed by Sir William Coventry; who said, They are always desirous to keep a good Correspondence with their Lordships; and told their Lordships, That before they received a Message from their Lordships, the House of Commons had sent to the King, to attend Him, to render Him Thanks for His Speech: But there being some Things peculiar to the House of Commons in the Speech, to which their Lordships Concurrence would not be so proper, they cannot join with their Lordships as is desired."

King's Pleasure to be know, when this House shall attend Him.

Hereupon this House ordered, to attend His Majesty alone.

And the Lord Treasurer, the Lord Great Chamberlain, the Lord Steward, the Lord Chamberlain, the Lord Newport, and the Lord Maynard, are appointed to attend His Majesty, to know His Pleasure when this House shall wait upon Him, to present their humble Thanks for His Majesty's Gracious Speech this Day, and concluding a Peace according to their humble Desire.

Love & al. versus Oxenden & al.

Upon hearing Counsel at the Bar, on both Parts, upon the Petition and Appeal of William Love and others Plaintiffs, against Sir Henry and Sir James Oxinden and others Defendants, and some Consideration had thereof:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That John Buckworth, Thomas Tyte, and Michaell Godfrey, the Three Survivors of the Five Referees mentioned in the said Petition, be, and are hereby, appointed to appear at the Bar of this House, on Monday the Sixteenth Day of February Instant, at Ten of the Clock in the Forenoon, where they are to be heard to speak to the same Matters they were heretofore heard to in the Court of Chancery (and no other), in the Cause between the said Parties then there depending; at which Time this House will proceed to consider what Judgement to give thereupon.

Bill against illegal Imprisonment.

Hodie 1a vice lecta est Billa, "An Act to prevent the illegal Imprisonment of the Subjects of England."

Crispe & al. versus Boys & al.

Upon reading the Petition of John Crispe, and Thomas Crispe, the surviving Executors of Sir Nicholas Crispe, of London, Knight and Baronet, deceased, being an Appeal from a Decree made in the Court of Chancery in Michaelmas Terme 1664, concerning the Payment of Monies made by the said Decree payable, contrary to the Directions of the said Court, by the Omission of some Words in the said Decree, as in the said Petition is set forth; as also complaining of the Non-admission of the Petitioners Bill of Review in Chancery, to reverse the said Decree:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That John Boys, John Bradborne, John Harris, Richard Harris, and Francis Shalcross Executor of Humphrey Shalcrosse, in the said Petition and Appeal mentioned, be, and are hereby, required to put in their Answer or Answers to the said Petition and Appeal, in Writing, at the Bar of this House, on Wednesday the Eighteenth Day of this Instant February, at Ten of the Clock in the Forenoon; whereof the said Petitioners are to cause timely Notice to be given to the said John Boys, John Bradborne, John Harris, Richard Harris, and Francis Shalcrosse, or their Agent in the said Cause, for that Purpose.

And whereas it is prayed, "That all Proceedings upon the said Decree may be stayed till the Determination of this House shall be given upon the said Appeal:" It is further ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That so soon as the Petitioners shall deposite the Sum of Fifteen Hundred Pounds in the Court of Chancery, or give such Security for the Payment of the said Fifteen Hundred Pounds as the Court of Chancery shall approve of, unless the Decree complained of shall be reversed in Parliament, or the Petitioners be relieved, in which Case the said Money, or Security shall be delivered back, upon Certificate thereof, this House will give Order for the Stay of such Proceedings.

Baker versus Warden.

Whereas there is a Writ of Error depending in this House, wherein John Baker is Plaintiff, and David Warden is Defendant, whereon the said Plaintiff hath assigned Errors:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued, by Counsel on both Parts, at the Bar, on Monday the Sixteenth Day of this Instant February, at Ten of the Clock in the Forenoon; whereof the said Plaintiff is to cause timely Notice to be given to the said Defendant or his Agent, to the End he may be prepared at the Time aforesaid.

Squib against The King, in Error.

Upon reading the Petition of Edmond Squibb this Day; shewing, "That, in the One and Twentieth Year of His now Majesty's Reign, a Record of a Judgement given in the Court of Chancery against the said Edmond Squibb, in a Monstrans de Droit, was brought into this High Court, by Writ of Error, and Errors are thereupon assigned by the Petitioner, but, by reason of Prorogations of Parliament, His Majesty's Attorney General hath not joined Issue thereto, and therefore prays that a short Day may be appointed for that Purpose:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Attorney General be, and is hereby, appointed to put in such Plea thereto as he shall think fit, on Behalf of His Majesty, on Wednesdaythe Twenty Fifth Day of this Instant February, at Ten of the Clock in the Forenoon; whereof the said Edmond Squibb is to give His Majesty's Attorney General such timely Notice that he may have Time to prepare for that Purpose.

Loving versus Moore, in Error.

Whereas there is a Writ of Error depending in this High Court, wherein Rebecca Loving Widow is Plaintiff, against Henry Moore Defendant, by which a Record of the Court of King's Bench (with the Transcript thereof), wherein Judgement is entered for the said Henry Moore, is brought into this Court; it appearing, by the Petition of the said Rebecca Loving, read this Day, "That she and the said Henry Moore are agreed concerning the Case for which the said Writ was obtained, and therefore prays that the said Transcript of the said Record may be remitted, and Judgement thereupon affirmed:"

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Transcript of the said Record, wherein Judgement is entered for the said Henry Moore as aforesaid, be remitted, to the End the said Henry Moore may thereupon proceed as if no such Writ of Error had been brought into this Court.

L. Tenham takes his Seat.

This Day Christopher Lord Tenham sat first in Parliament, upon the Death of Christopher Lord Tenham his Father.

His Writ of Summons bears Date the Tenth Day of this Instant February, Anno Regni Domini Regis Caroli Secundi 26°.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 12um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.