DIE Lunæ, 6 die Aprilis:
Domini tam Spirituales quam Temporales præsentes
|His Royal Highness the Duke of Yorke.
Epus. St. David's.
|Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Johannes Ds. Robertes, Custos Privati Sigilli.
Edwardus Comes Manchester, Camerarius Hospitii.
Vicecomes Say & Seale.
|Ds. Berkley de Berk.
Ds. Arundell de Warder.
Ds. Howard de Charlt.
Ds. Howard de Esc.
Ds. Herbert de Cherb.
Ds. Gerard de Brand.
Ds. Berkley de Strat.
Ds. Arundell de Treric.
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."
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
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.
|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,
Earl of Bridgwater,
Earl of Anglesey,
Earl of Bathe,
|Earl of Carlile,
Earl of Craven,
Earl of Lauderdail,
Earl of Middleton,
Earl of Carbery,
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.
ORDERED, That this Declaration of His Majesty be
entered in the Journal Book of this House.
Bill against Duels.
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
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.
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
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
Hereupon it is ORDERED, That this House will
consider further of this Business on Wednesday Morning
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
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem crastinum, videlicet, 7um diem instantis Aprilis, hora decima
Aurora, Dominis sic decernentibus.