House of Lords Journal Volume 11
5 December 1664

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 11: 5 December 1664', Journal of the House of Lords: volume 11: 1660-1666 (1767-1830), pp. 632-633. URL: http://british-history.ac.uk/report.aspx?compid=14419 Date accessed: 23 April 2014. Add to my bookshelf


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DIE Lunæ, 5 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Cant.
Arch. Eborac.
Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Worcester.
Epus. Chichester.
Epus. St. Asaph.
Epus. Lyncolne.
Epus. Gloucester.
Epus. Chester.
Epus. Exon.
Epus. Sarum.
Epus. Petriburgh.
Epus. Oxon.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Albemarle.
Marq. Winton.
Marq. Dorchester.
L. Steward.
L. Chamberlain.
Comes Oxon.
Comes Shrewsbury.
Comes Lyncolne.
Comes Suffolke.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Midd.
Comes Bolingbrooke.
Comes Berks.
Comes Cleveland.
Comes Rivers.
Comes Newport.
Comes Chesterfeild.
Comes Thannett.
Comes Scarsdale.
Comes Cardigan.
Comes Anglesey.
Viscount Mountagu.
Viscount Say et Seale.
Viscount de Stafford.
Ds. Berkley de Berk.
Ds. Morley.
Ds. Wentworth.
Ds. Eure.
Ds. Chandos.
Ds. Hunsdon.
Ds. Gerrard de Bromley.
Ds. Howard de Charlt.
Ds. Grey.
Ds. Craven.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Newport.
Ds. Loughborough.
Ds. Byron.
Ds. Clifford.
Ds. Lucas.
Ds. Bellasis.
Ds. Lexington.
Ds. Langdale.
Ds. Townsend.
Ds. Crewe.

PRAYERS.

The Lord Chief Justice of the Common Pleas sat Speaker this Day.

Bishop of Exon versus Yard.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Examination of the Matter of Fact in the Business complained of by the Lord Bishop of Exeter, against Mr. Yard of Lyon's Inne Attorney, and others, is hereby referred to the Lords Committees for Privileges; whose Lordships, having heard such Parties therein as they shall think fit, are afterward to make Report thereof to this House.

E. of Clare's Privilege, in the Suit between Pawley and Philips.

Whereas, upon Complaint made to this House, "That, on the Two and Twentieth Day of November last, a Verdict was obtained, in the Court of Common Pleas, for Three Messuages in Drury Lane, by Robert Waite, Attorney for Robert Pawley Plaintiff, against John Phillips Defendant, in which Messuages the Title of the Earl of Clare is alledged to be concerned, and that thereupon the said Robert Waite being summoned to appear this Day, to shew Cause why the said Verdict, being so obtained contrary to the Privilege of Parliament, should not be suppressed, the said Robert Wayte hath appeared; and, in his Answer and Petition, hath set forth, that he is ready to make Oath that he knoweth not that the Earl of Clare either hath or ever had any Title to the said Messuages in Question, either in Possession or Reversion; yet that, nevertheless, if the Earl of Clare will own the said Messuages to be his, the said Robert Wayte and his Client Robert Pawley are ready to submit that the said Verdict and all Proceedings thereupon shall be laid aside:"

It is therefore ORDERED, by the Lords Spiritual and Temporal assembled in Parliament, That, if the Earl of Clare shall own the said Messuages to be his, the said Verdict, and the Proceedings thereupon had, shall be laid aside.

Ld. Langdale versus Millington, for Breach of Privilege.

Whereas Oath hath been made, at the Bar of this House, "That the Lord Langdale, a Peer of this Realm, hath been sued to an Exigent, by John Millington Junior, of Holme, in Spaldingmore, in the County of Yorke, and was (contrary to the Privilege of the Peerage) compelled to put in a Supersedeas, to prevent an Outlawry, and was also by the said John Millington sued in the Court of Common Pleas, within the Time of Privilege of Parliament:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal assembled in Parliament, That the said John Millington be, and is hereby, required to appear before this House on the First Day of their Lordships Sitting next after the Feast of the Nativity of our LORD GOD now at Hand, to give a Reason of the Manner of his said Proceedings against the said Lord Langdale: And hereof he may not fail, as he will answer the contrary to this House.

Ld. Langdale, Privilege. Blanchard attached.

Upon Oath made at this Bar, by Thomas Fairfax and William Fairfax, "That the Lord Langdale, a Peer of this Realm, hath been sued to an Exigent, by George Blanchard, of Yorke, Attorney, at the Suit of John Millington, and was (contrary to the Privilege of Peerage) compelled to put in a Supersedeas, to prevent an Outlawry; and that the said George Blanchard did, in Easter Term last, file a Declaration in the Court of Common Pleas, and in Michaelmas Term last (at the Suit of the said John Millington) required a Plea from the said Lord Langdale's Attorney, contrary to the Privilege of Parliament:"

It is therefore ORDERED, by the Lords Spiritual and Temporal assembled in Parliament, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Body of the said George Blanchard, and keep him in safe Custody, until the Pleasure of this House be further signified: And this to be a sufficient Warrant in that Behalf.

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 6tum diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.