House of Lords Journal Volume 12
6 April 1668

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1767-1830

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'House of Lords Journal Volume 12: 6 April 1668', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 215-216. URL: http://www.british-history.ac.uk/report.aspx?compid=12570 Date accessed: 24 July 2014.


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DIE Lunæ, 6 die Aprilis:

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Cant.
Arch. Eborac.
Epus. Durham.
Epus. St. David's.
Epus. Ely.
Epus. Chester.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Lyncolne.
Epus. Exon.
Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Johannes Ds. Robertes, Custos Privati Sigilli.
Dux Richmond.
Marq. Worcester.
Edwardus Comes Manchester, Camerarius Hospitii.
Comes Bedford.
Comes Dorset.
Comes Bridgwater.
Comes North'ton.
Comes Devon.
Comes Bristol.
Comes Bolingbrooke.
Comes Rivers.
Comes Dover.
Comes Petriburgh.
Comes Portland.
Comes Norwich.
Comes Essex.
Comes Anglesey.
Comes Carlile.
Comes Craven.
Vicecomes Say & Seale.
Vicecomes Fauconberg.
Vicecomes Hallifax.
Ds. Berkley de Berk.
Ds. Morley.
Ds. Eure.
Ds. Chandos.
Ds. Arundell de Warder.
Ds. Howard de Charlt.
Ds. Grey.
Ds. Howard de Esc.
Ds. Powis.
Ds. Herbert de Cherb.
Ds. Byron.
Ds. Vaughan.
Ds. Widdrington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Gerard de Brand.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Ashley.
Ds. Freschevile.
Ds. Arundell de Treric.

PRAYERS.

Sheriffs of London and Warden of The Fleet Indemnity Bill.

The Duke of Richmond reported, "That the Committee have considered of the Bill for indemnifying the late Sheriffs of London; and think it fit to pass as it is, without any Amendment."

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."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

King's Declaration in Council, that He will pardon no Person who kills another in a Duel.

His Royal Highness the Duke of Yorke presented a Bill to the Consideration of this House against Duels.

And also acquainted this House, from His Majesty, with a Declaration made by His Majesty in His Council at Whitehall, concerning Duels.

Which Declaration was read, as followeth:

"At the Court at Whitehall, the 3d of April, 1668.

"Present,

The King's Most Excellent Majesty,
"His Royal Highness the Duke of Yorke,
His Highness Prince Rupert,
Lord Archbishop of Canterbury,
Duke of Albemarle,
Lord Great Chamberlain,
Lord Chamberlain,
Earl of Bridgwater,
Earl of Anglesey,
Earl of Bathe,
Earl of Carlile,
Earl of Craven,
Earl of Lauderdail,
Earl of Middleton,
Earl of Carbery,
Viscount Fitzharding,
Lord Arlington,
Lord Berkeley,
Lord Ashley,
Mr. Comptroller,
Mr. Secretary Morice,
Sir William Coventry,
Sir John Duncombe:

"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.

"John Nicholas."

ORDERED, That this Declaration of His Majesty be entered in the Journal Book of this House.

Bill against Duels.

Hodie 1a vice lecta est Billa, "An Act for preventing the sending, carrying, and accepting of Challenges, and the fighting of Duels."

ORDERED, That this Bill be read the Second Time on Wednesday Morning next.

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 House was adjourned into a Committee, to take into Consideration the Bill against Atheism and Profaneness, &c.

The House being resumed;

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."

Which this House approved of.

Lords Leave to be absent.

The Lord Viscount Fauconberg hath Leave to go into the Country, for his Health, for some Time.

The Earl of Burlington is excused for his Absence, being not well.

The Lord Morley hath Leave to go into the Country for some Time.

ORDERED, That the Committee for Trade do meet on Wednesday next, in the Afternoon.

Beckham's Bill.

ORDERED, That the Bill concerning Mr. Beckham shall be read To-morrow Morning.

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.

Hereupon it is ORDERED, That this House will consider further of this Business on Wednesday Morning next.

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.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 7um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.