House of Lords Journal Volume 12
5 December 1667

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 12: 5 December 1667', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 157-159. URL: http://www.british-history.ac.uk/report.aspx?compid=12519 Date accessed: 20 October 2014.


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DIE Jovis, 5 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Eborac.
Epus. Durham.
Epus. Winton.
Epus.Chichester.
Epus. St. David's.
Epus. Ely.
Epus. Norwich.
Epus. Gloucester.
Epus. Litch. et Cov.
Epus. Chester.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Oxon.
Epus. Rochester.
Epus. Bangor.
Epus. Landasse.
Epus. Lyncolne.
Epus. Exon.
Dux Cumberland.
Sir Orlando Bridgman, Miles et Bar.
Ds. Custos Magni Sigilli.
Dux Bucks.
Dux Richmond.
Dux Albemarle.
Marq. Worcester.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ.
Edwardus Comes Manchester, Camerarius Hospitii.
Comes Kent.
Comes Pembrooke.
Comes Suffolke.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Warwicke.
Comes Denbigh.
Comes Bristol.
Comes Clare.
Comes Bolingbrooke.
Comes Westmerland.
Comes Berks.
Comes Rivers.
Comes Dover.
Comes Petriburgh.
Comes Portland.
Comes Norwich.
Comes Scarsdale.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Vicecomes Mountagu.
Vicecomes Say & Seale.
Vicecomes Conway.
Vicecomes Fauconberg.
Vicecomes Mordant.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Berkley de Berkley.
Ds. Sandys.
Ds. Windsor.
Ds. Cromwell.
Ds. Pagett.
Ds. Petre.
Ds. Arundell de Warder.
Ds. Tenham.
Ds. Howard de Charlt.
Ds. Grey.
Ds. Lovelace.
Ds. Poulett.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Powis.
Ds. Newport.
Ds. Byron.
Ds. Vaughan.
Ds. Carington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Berkley de Strat.
Ds. Cornwallis.
Ds. Delamer.
Ds. Townsend.
Ds. Ashley.
Ds. Crewe.
Ds. Arundell de Trerice.

PRAYERS.

Sir R. Wiseman's and Plott's Bill.

Hodie 1a vice lecta est Billa, "An Act for settling the Lands therein mentioned upon Sir Richard Wiseman and John Plott, and their Heirs, to enable them the better to perform a Trust."

The Lord Viscount Fauconberg is added to the Committee for Petitions.

Report concerning Foreign Nobility, Precedency.

The Earl of Bolingbrooke reported, "That the Committee for Privileges have taken into Consideration the Matter of Complaint concerning Foreign Nobility; and they have perused former Proceedings concerning this Business; and, upon serious Thoughts thereof, their Lordships do conceive the Statute of 31° H. VIII. Cap. 10. to be the fundamental Rule for Direction of Precedency in all other Places within the Realm, as concerning the Peers of England; and for these Reasons:

"1. Because, in the said Statute, there is no Mention made of any Foreign Nobility, but only of the Peers of this Realm of England.

"2. The said Statute is in Force, not only to Meetings in Parliament, but also in the Star Chamber, and in all other Assemblies and Conferences in Council.

"3. Because, though the Civility of Precedency hath been in Courtesy permitted by the Peers of England to the Foreign Nobility, when they have come to attend on His Majesty here by Way of dutiful Repair for a short Time; yet, when they have Domicilium here, it is not fit it should be granted unto them, left the Courtesy do become a Custom.

"4. His Majesty, by His Letters Patents, giving Precedency only to such Persons so created to the Degree of Peers in those Kingdoms from whence they derive their Titles, it must needs be looked upon as a Deviation from the Law, and an high Dishonour and Derogation to His Majesty's Letters Patents, and the Nobility of this Kingdom, that they should not enjoy those Privileges and Pre-eminencies contained in them, and so highly asserted and grounded upon the Law of the Land.

"5. More particularly the Right of Precedency doth concern the Peers of this House (England being the Seat of the English Empire), and without whose Assent no Laws can be made in this Realm.

"6. This Settlement of Precedency will accord the Quarrels and Disputes which have and may happen in the Execution of His Majesty's Service, upon Commissions, and other Public Affairs of this Kingdom.

"7. Lastly, This Committee do humbly offer it to the House, That the Lords will be pleased to establish this Assertion of the Right of Precedency of the Peers of England before all Foreign Nobility, by some solemn Declaration of the House of Peers."

After a serious Debate and Consideration, this House agreed with the Committee for Privileges in this Report, nemine contradicente; and refers it to the said Committee, to draw up a Declaration to the same Purpose as is mentioned in the Report, and to offer the same to this House; and also an Address to His Majesty thereupon.

Bill for banishing the E. of Clarendon.

Hodie 1a vice lecta est Billa, "An Act for banishing and disenabling the Earl of Clarendon."

Bill for taxing the Adventurers in the Fens:

Whereas Counsel is to be heard, at the Bar of this House, To-morrow Morning, at Ten of the Clock, upon the Bill for taxing and assessing the Lands of the Adventurers in the Great Level of the Fens, against which Bill Counsel is also to be heard on the Behalf of several Persons, shewing by their Petitions that they are concerned therein:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel shall likewise at the same Time be heard, upon the Petition of Roger Jennings Esquire (this Day presented to the House), relating to the said Bill.

Order for Witnesses to attend about it.

Whereas Counsel is to be heard, at the Bar of this House, To-morrow Morning, at Ten of the Clock, upon the Bill for taxing and assessing the Lands of the Adventurers in the Great Level of the Fens, against which Bill Counsel is also to be heard on the Behalf of several Persons, shewing by their Petitions that they are concerned therein:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Robert Phillips Esquire, Griffith Bodarda, Martin Sandys, and Richard Merriott, are hereby required to appear at this Bar at the Time aforesaid, to give Evidence of their Knowledge concerning the Matters contained in the said Bill, on the Behalf of Colonel Samuell Sandys, therein mentioned; and that Sir William Tyrringham, Knight of the Bath, be desired to attend this House at the Time and for the Purpose aforesaid.

Selvin, Blackston, & al. Appeal from the Chancery.

Upon Report made this Day by the Judges, in the House of Peers, "That, according to an Order of this House, dated the 24th of October last, upon reading and considering of the Petition of Robert Selvin, Robert Blackston, and others, by Way of Appeal from a Decree made in the Court of Chancery on the 23th of May, Anno 17° Caroli 2di, the Judges have considered of the Bill and Answer, and Proofs on which the Decree in the said Petition complained of is grounded, having been attended by Counsel on both Parts, and do find that a Bill of Review will not (according to the Rules of ordinary Proceedings) be admitted in this Case:"

Upon Consideration whereof had by this Court, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Keeper of the Great Seal is hereby directed and authorized to re-hear the Cause mentioned in the said Petition of Robert Selvin and Robert Blackston and others, upon the Merits thereof; the Petitioners giving good Security both to perform such Judgement as the Lord Keeper of the Great Seal shall find meet upon the said Re-hearing to make therein, and to pay such Costs as the Court shall think fit (fn. *) .

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris; videlicet, 6um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.

Footnotes

* vide page 162. a: