House of Lords Journal Volume 12: 4 November 1669

Pages 259-260

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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Page 259
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DIE Jovis, 4 die Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Cant.
Arch. Eborac.
Epus.Cov. et Litch.
Epus.St. Asaph.
Dux Cumberland.
Sir Orlando Bridgman, Mil. et Bar. Ds. Custos Magni Sigilli.
Dux Bucks.
Dux Albemarle.
Marq. Worcester.
Robertus Comes de Lyndsey, Magnus Camerarius Angliæ.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Comes Oxon.
Comes Nottingham.
Comes Suffolk.
Comes Dorsett.
Comes Sarum.
Comes Bridgwater.
Comes Devon.
Comes Denbigh.
Comes Bristoll.
Comes Clare.
Comes Bolingbrooke.
Comes Berks.
Comes Dover.
Comes Petriburgh.
Comes Chesterfield.
Comes Norwich.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Cardigan.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylsbury.
Comes Burlington.
Vicecomes de Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Awdley.
Ds. Berkley de Berk.
Ds. Sandys.
Ds. Eure.
Ds. Willoughby.
Ds. Pagett.
Ds. Chandois.
Ds. Petre.
Ds. Tenham.
Ds. Mountague.
Ds. Howard de Esc.
Ds. Newport.
Ds. Hatton.
Ds. Byron.
Ds. Carrington.
Ds. Widdrington.
Ds. Ward.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brandon.
Ds. Wotton.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Delamer.
Ds. Townsend.
Ds. Ashley.
Ds. Crewe.
Ds. Arundell de Treric.
Ds. Butler.


Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Robert Atkins and others; who was commanded to present a Bill to their Lordships, intituled, "An Act concerning Proceedings in Parliament;" to which they desire their Lordships Concurrence.

Message from thence, with a Vote, to thank the King for His Proclamation against Conventicles.

A Message was brought from the House of Commons, by Sir Thomas Tomkyns, &c. who said, he was commanded by the House of Commons to acquaint their Lordships with this Resolve of theirs; videlicet,

"Resolved, &c. That the humble and hearty Thanks of this House be returned to the King's Majesty, for issuing His Proclamation for putting the Laws in Execution against Non-conformists, and for suppressing Conventicles; with the humble Desire of this House for His Majesty's Continuance of the same Care for suppressing them for the future; and that the Lords Concurrence be desired to this Vote."

The said Vote was read; and ORDERED, That this House agrees in this Vote to be presented to His Majesty by the whole House.

House to attend the King with it.

And the Lord Great Chamberlain, the Lord Steward, and the Lord Newport, are appointed presently to attend His Majesty, to know the Time when this House shall wait upon Him for that Purpose.

Answer to H. C.

The Answer returned to the Messengers from the House of Commons was:

That this House hath considered of their Message, and do agree with them in their Desire; and have appointed their whole House to attend His Majesty: And their Lordships will send to the King, to know what Time His Majesty will appoint for that Purpose; and when the Lords have received His Majesty's Answer, the Lords will acquaint the House of Commons with it.

Commissioners for Accompts bring in Papers.

Sir James Langham, and some others of the Commissioners for taking Accompts of several Monies mentioned in an Act of Parliament, presented to this House more Papers (being Twenty in Number); which the House received, and directed the Gentleman Usher to let the Commissioners know, "That this House hath no "further Occasion of their attending at this Time."

ORDERED, That these Papers brought in by the Commissioners for Accompts shall be read on Saturday Morning next; and then the Particular moved by his Royal Highness the Duke of Yorke shall be taken into Consideration.

Smithsby's Executors versus Jacob & al.

Sir John Jacob and Sir Nic. Crispe, and others, delivered in their Answer to the Petition of Symon Middleton and James Smithesby, according to the Order of this House of the 29th of October last.

Grenvile versus Elwes.

Likewise Henry and Jeremy Elwes delivered in their Answer to the Petition of Bernard Grenvill Esquire and Anne his Wife, according to the Order of this House of the 29 of October last.

Lady Abergavenny's Privilege.

Whereas, upon Complaint made to this House, "That John Prosser, a menial Servant to the Lady Dowager Abergaveny, a Peeress of this Realm, was, on the Twenty-seventh of November last, within the Time of Privilege, arrested, contrary to the Privilege of Parliament, at the Suit of Griffith Gwilliams, and within few Days after at the Suit of Richard Dawson, during the same Privilege, and Proceedings to Executions had thereupon," His Majesty's Writ of Habeas Corpus cum Causa was awarded to be directed to the Warden of The Flecte, requiring him to bring the said John Prosser this Day to the Bar:

Prosser. her Servant, discharged from Gwilliam's and Dawson's Suits; and detained at Carnaby's.

It appearing, by the Oath of Hugh Hawker, "That the said Arrests, so had as aforesaid, were contrary to the Privilege demanded by the said John Prosser, which was not obeyed, but denied by the said Griffith Guilliam and Richard Dawson, who afterwards proceeded to Execution upon the said Suits;" upon Consideration had thereof, it is ORDERED and Adjudged, and the Lords Spiritual and Temporal in Parliament assembled do order and adjudge, That the said John Prosser be, and is hereby, discharged of his Imprisonment for or in respect of the Suits of the said Griffith Gwilliam and Richard Dawson, prosecuted contrary to Privilege of Parliament as aforesaid.

But whereas it likewise appeareth, by the Return of the said Writ of Habeas Corpus, "That the said John Prosser is detained Prisoner upon Execution also at the Suit of Mrs. Carnaby, which Execution was laid on him in May last, without the Time of Privilege of Parliament," it is ORDERED and Adjudged, That the Warden of The Fleete shall and may detain the Person of the said John Prosser in his Custody, in the Prison of The Fleete, until he shall give Satisfaction unto the said Mrs. Carnaby for the taking off of the said Execution; and this shall be a sufficient Warrant on that Behalf.

Thomas versus Dagnall.

Whereas the humble Petition of Anthony Thomas, of Chobham, in the County of Surrey, Esquire, is now depending in this House, being an Appeal from some Proceedings in the Court of Chancery, concerning the Matters in the said (fn. 1) Petition mentioned:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all Proceedings of that Court, relating to any Contempt of the said Anthony Thomas, be hereby suspended till after next Week, before which Time their Lordships will take the said Petition and Appeal into their Consideration.

Lord Lucas, Privilege. White, Prior, and Pepper, to be attached.

Whereas John White, John Prior, and John Pepper, of Colchester, were this Day brought to the Bar, by the Serjeant at Arms attending this House, for driving the Cattle of Samuell Quilter from and off the Grounds and Inheritance of the Lord Lucas, a Peer of this Realm, in November, 1668, contrary to the Privilege of Parliament, and uttering scandalous Words against the said Lord Lucas, derogatory to the Honour due to the Peerage of this Kingdom; which was proved upon Oath against them:

This House being sensible of the Breach of Privilege, and the Injury done to the Lord Lucas, and Affront to the Peerage of this Kingdom; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John White, John Pryor, and John Pepper, shall be in the Custody of the Gentleman Usher of the Black Rod, until further Order of this House; and this shall be a sufficient Warrant in that Behalf.


Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 6um instantis Novembris, hora decima Aurora, Dominis sic decernentibus.


  • 1. Origin. petitioned.