House of Lords Journal Volume 12
4 March 1668

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1767-1830

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'House of Lords Journal Volume 12: 4 March 1668', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 196-197. URL: http://www.british-history.ac.uk/report.aspx?compid=12552&strquery=precedence Date accessed: 23 August 2014.


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DIE Mercurii, 4 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. Durham.
Epus. Winton.
Epus. Chichester.
Epus. St. David's.
Epus. Ely.
Epus. Chester.
Epus. (fn. *) Sarum.
Epus. Lyncolne.
Dux Cumberland.
Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Dux Bucks.
Dux Richmond.
Marq. Winton.
Edwardus Comes Manchester, Camerarius Hospitii.
Comes Suffolke.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Devon.
Comes Bristol.
Comes Bolingbrooke.
Comes Berks.
Comes Rivers.
Comes Dover.
Comes Petriburgh.
Comes Portland.
Comes Sunderland.
Comes Scarsdale.
Comes Essex.
Comes Cardigan.
Comes Carlile.
Comes Craven.
Comes Burlington.
Vicecomes Say & Seale.
Vicecomes Fauconberg.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Awdley.
Ds. Windsor.
Ds. Eure.
Ds. Petre.
Ds. Arundell de Ward.
Ds. Howard de Charlt.
Ds. Grey.
Ds. Lovelace.
Ds. Howard Esc.
Ds. Powis.
Ds. Byron.
Ds. Carrington.
Ds. Ward.
Ds. Lucas.
Ds. Gerard de Brand.
Ds. Crofts.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Ashley.
Ds. Freschevile.
Ds. Arundell de Trerice.

PRAYERS.

Message from H. C. with Bills.

A Message was brought from the House of Commons, by Sir Robert Carr Knight, and others; who brought up Three Bills passed the House of Commons, and their Lordships Concurrence is desired therein:

1. "An additional Act against the Importation of Foreign Cattle."

2. "An Act for Security and Satisfaction of a Debt due to Sir John Weld, from the late Earl of Cleveland."

3. "An Act to confirm an Agreement between William Paston Esquire, Lord of the Manor of Horton and the Tenants of the said Manor, for an Enclosure of Part of the Waste of the said Manor, for Preservation and Growth of Wood and Timber."

Ashdowne Forest Bill.

Hodie 2a vice lecta est Billa, "An Act for the Improvement of the Forest of Ashdowne, and the Chace of The Broyle, in the County of Sussex."

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

Dux Bucks.
Dux Richmond.
L. Chamberlain.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Bolingbrooke.
Comes Dover.
Comes Essex.
Comes Rivers.
Comes Craven.
Comes Burlington.
Vicecomes Say & Seale.
Epus. Durham.
Epus. Winton.
Epus. Ely.
Epus. Chester.
Epus. Sarum.
Epus. Lyncolne.
Ds. Eure.
Ds. Arundell Ward.
Ds. Petre.
Ds. Howard Ch.
Ds. Lovelace.
Ds. Powis.
Ds. Byron.
Ds. Ward.
Ds. Lucas.
Ds. Holles.
Ds. Delamer.
Ds. Ashley.
Ds. Arundell Trerice.

Their Lordships, or any Five; to meet on Saturday come Sevennight, in the Prince's Lodging, at Three of the Clock in the Afternoon; at which Time all Parties concerned are to be heard, and timely Notice to be given them.

Alnage Bill.

Hodie 2a vice lecta est Billa, "An Act for ascertaining the Duties of Subsidy and Alnage."

ORDERED, That the Consideration of this Bill is committed to the Committee to consider of Trade; who are to meet on Friday next come Sevennight, at which Time all Parties are to be heard, and are to have timely Notice thereof. The Earl of North'ton and the Lord Townsend are added to this Committee.

Accompts of Administrators Bill.

Hodie 1a vice lecta est Billa, An Act, intituled, "An Act of Parliament for the continuing and due ordering of the Accompts of Administrators."

Address to the King, concerning Precedence of Foreign Nobility.

The Lord Howard of Charlt. reported from the Committee for Privileges, a Draught of an humble Address to be presented to the King concerning Foreign Nobility, according to the Directions of this House: Which Address was read, as followeth:

"To the King's Most Excellent Majesty.

"The humble Petition and Address of Your Majesty's most loyal Subjects, the Peers of this Your Kingdom of England;

"Most humbly sheweth,

"That the Peers of this Realm having formerly made their Petition to the Crown (as the Fountain of Honour), for Preservation of their ancient Rights and Privileges they all derive from its Royal Grace and Sovereign Dignity, which we humbly now renew unto Your Majesty, finding what they then complained of daily encreasing upon us, for Want of timely Remedy; the Nobility of Scotland and Ireland taking Place in this Kingdom according to their Titles, without any Regard to the Precedency due to the Peerage of this Your Majesty's Realm, to the great Disparagement and Injury of the English Nobility, as will appear to Your Majesty by the following Reasons, which we humbly offer:

"1. That the original Foundation of Precedency is the Nature of the Trust, and the Power joined with it, of both which the Peerage derive from the Grace and Royal Dignity of the Crown, by an Hereditary Right, so great a Share, and of so much Concern, that they ought to receive no Competition of Precedency from any others.

"2. That this Trust and Power is annexed to the Peerage; and the Difference of Titles only gives Precedency in the same Body; and a Peer of England, though a Baron, is of equal Consideration to a Peer of any other Country, though the Custom of that Country may give them all greater Titles, which is demonstrable by our Neighbours giving no Value to such when not dignified with Peerage.

"3. That the Right is evident by Your Majesty's Laws under which we all live, which take no Notice of any such Titles, nor give them the least Privilege, but subject them to Personal Actions, Arrests, &c. as other Commoners.

"4. That very many of them have been and are chosen, and do serve, in the House of Commons, as Commoners, and are not allowed either to sit or be covered at any Public Conferences of both Houses or Committees.

"5. The Statute of 31th of King Henry the VIIIth, Cap. 10. doth adjust the Precedence of the Peerage and Great Officers, in all Great Councils and Congregations of Men, so clear, that it leaves no Room for the interposing of any others, upon any of those Occasions; and it fully evinceth the Right in all other Places.

"If Your Sacred Majesty shall consider how much it imports Your Crown and Dignity to preserve the Peerage in their full Lustre, and Fruition of all their Privileges, they being the best, safest, and most natural Fence of Monarchy against the popular Distempers of this last Age; we shall with great Assurance humbly beseech Your Majesty, that You will be graciously pleased to establish some Rule for regulating this Matter in the future; that the inconveniencies to Your Nobility and Government, which may happen hereby, may be seasonably thereby prevented and avoided."

And, after a serious Debate hereof, it was generally agreed to by this House.

The Lord Chamberlain was appointed to wait on the King, to know what Time His Majesty will please to admit this House to attend Him, to present Him with the aforesaid humble Petition and Address.

Additional Bill against Importation of Foreign Cattle.

ORDERED, That the Bill against Importation of Foreign Cattle be read To-morrow Morning; and next after that, the Bill concerning the Lady Francis Savill.

Belon versus Maubert.

Upon Oath made, at the Bar of this House, by Peter Belon, "That, according to the Order of this House on that Behalf made, he hath several Times been with Nicholas Maubert therein mentioned, to demand the Money thereby appointed to be re-paid by the said Nicholas Maubert unto him the said Peter Belon; to which Order the said Nicholas Maubert refuseth to yield Obedience, in Contempt of the Authority of this High Court:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Body of the said Nicholas Maubert, and bring him in safe Custody to the Bar of this House, to answer his said Contempt: And this shall be a sufficient Warrant on that Behalf.

Sir W. Russel versus Spencer & al.

Whereas, by Order of this House, dated the 12th of February last, the Judges were directed to hear Counsel on both Parts, upon the Case mentioned in the Petition of Sir William Russell Baronet, now depending in this House, against William Spencer and others, and to consider of the Proceedings in the Chancery had upon the said Case, and report to this House, on Wednesday the 26th of February last petemptorily, what Relief the Petitioner may have thereupon by that Court:

The House being this Day moved, that the said Report of the Judges may be speedily made; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, in regard the Lord Chief Justice of the King's Bench is now in his Circuit, that on Wednesday the 18th Day of March Instant Report shall be made to this House concerning this Matter.

Williams, Ld. Powis's Servant, released from an Arrest.

The House being informed, "That John Williams, of Winnington, in the County of Salop, Gentleman, Servant and a Person necessarily employed in the Affairs of the Lord Powis, a Peer of this Realm, and owned to be so by his Lordship, hath been arrested, at the Suit of Alexander Wood Gentleman, and is detained Prisoner in the Gaol of the Sheriff of the said County of Salop, notwithstanding the said John Williams produced the Protection of the Lord Powis:"

All which being done sitting the Parliament, contrary to the Privilege of Parliament, and in Prejudice to the Affairs of the said Lord Powis at the Assizes now at Hand; it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Williams be forthwith, upon Sight of this Order, discharged of his present Restraint: And this shall be a sufficient Warrant on that Behalf.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 5um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.

Footnotes

* Origin. Carum.