Journal of the House of Lords: Volume 12, 1666-1675. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 6 die Aprilis:
Sheriffs of London and Warden of The Fleet Indemnity Bill.
Hodie 3a vice lecta est Billa, "An Act to indemnify the late Sheriffs of the City of London and the Warden of The Fleete, touching the Escapes of Prisoners, and other Matters occasioned by the late Fire."
King's Declaration in Council, that He will pardon no Person who kills another in a Duel.
"His Majesty did this Day declare in Council, That His fixed Resolution is, That upon no Pretence whatsoever any Pardon shall be hereafter granted, for killing any Man in Duel or Rencounter; but that the strict Course of Law shall take Place in all such Cases. And, for the better Notification and punctual Observance hereof, His Majesty is willing that this His Declaration be entered in the Records of Parliament; and doth likewise enjoin the Recording thereof in the Court of King's Bench.
Bill against Duels.
Accompts of Administrators Bill.
ORDERED, That the Bill for continuing and due ordering the Accompts of Administrators shall be read the Third Time on Thursday Morning next; against which Time the Lord Chief Justice is directed to prepare a Proviso for giving a Rule to the Judge in making Distributions.
Bill against Atheism, Swearing, &c.
The Lord Chamberlain reported, "That the Committee hath received an Account from their Subcommittee, that they have had Two Meetings, and consulted with Justice Tyrrill, about the Matters referred to them; but have not as yet received such Satisfaction as to report any Thing certain to the Committee; therefore the Sub-committee hath delivered a Question to Justice Tyrrill, and directed him to advise with the rest of the Judges concerning the said Question, and to receive their Opinions thereunto in Writing, and give an Account thereof to the Sub-committee, who are to give an Account thereof to the Grand Committee on Friday Morning, that so they may receive a full Information, and report the same to the Committee."
Lords Leave to be absent.
Errors in the Judgement against Holles, Sir J. Elliot, & al.
The House being made acquainted, "That whereas Wednesday Morning next is appointed for arguing the Errors assigned in the Writ of Error for reversing the Judgement given in the Court of King's Bench, 5to Caroli Primi, in the Case of Sir John Elliott, Denzell Holles Esquire, now Lord Holles, and others:"
Now, in regard Mr. Attorney General, who is to be heard on the King's Behalf, finds there hath been already passed Votes by both Houses of Parliament, declaring the said Judgement to be illegal, and contrary to the Privilege of Parliament, he desires the Direction of this House therein, before he speaks any Thing therein.
Toomes versus Ethrington, in Error.
Whereas, upon a Writ of Error depending in this House, between Richard Toomes Plaintiff, and Robert Etherington Defendant, His Majesty's Writ of Scire facias was, by Order of this House, awarded against the said Robert Etherington, ad audiendum Errores, returnable before the Lords in Parliament this Day; which Writ is returned accordingly:
It is ORDERED, That the Errors assigned by the said Richard Toomes shall be argued, by Counsel, at the Bar of this House, on Friday the Tenth Day of this Instant April, at Ten of the Clock in the Forenoon; whereof Notice is to be given to the said Robert Etherington, or his Attorney, to the End he may be ready accordingly.