House of Lords Journal Volume 12
27 April 1668

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1767-1830

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'House of Lords Journal Volume 12: 27 April 1668', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 234-236. URL: http://www.british-history.ac.uk/report.aspx?compid=12587 Date accessed: 23 July 2014.


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DIE Lunæ, 27 die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Cant.
Arch. Eborac.
Epus. Durham.
Epus. Winton.
Epus.Chichester.
Epus.St.David's.
Epus. Ely.
Epus. Norwich.
Epus. Hereford.
Epus. Chester.
Epus. Sarum.
Epus.Petriburgh.
Epus. Carlile.
Epus. Oxon.
Epus. Rochester.
Epus. Lyncolne.
Epus. Exon.
Dux Cumberland.
Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Dux Bucks.
Dux Richmond.
Marq. Winton.
Marq. Worcester.
Edwardus Comes Manchester, Camerarius Hospitii.
Comes Oxon.
Comes Bedford.
Comes Pembrooke.
Comes Nottingham.
Comes Suffolk.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Devon.
Comes Denbigh.
Comes Clare.
Comes Bolingbrooke.
Comes Berks.
Comes Dover.
Comes Petriburgh.
Comes Stamford.
Comes Portland.
Comes Norwich.
Comes Essex.
Comes Cardigan.
Comes Anglesey.
Comes Carlile.
Comes Craven.
Vicecomes Mountagu.
Vicecomes Say & Seale.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Awdley.
Ds. Delawarr.
Ds. Berkley de Berk.
Ds. Sandys.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Chandos.
Ds. Arundell de Ward.
Ds. Tenham.
Ds. Howard de Charlt.
Ds. Grey.
Ds. Lovelace.
Ds. Poulett.
Ds. Howard de Esc.
Ds. Powis.
Ds. Herbert de Cherb.
Ds. Newport.
Ds. Byron.
Ds. Carrington.
Ds. Ward.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brand.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Townsend.
Ds. Ashley.
Ds. Crewe.
Ds. Freschevile.
Ds. Arundell de Trer.

PRAYERS.

Report of Precedents, of Impeachments for Midemeanors.

The Earl of Bridgwater reported, "That the Committee of Privileges have perused several Precedents concerning the Manner of Proceedings against Persons impeached of Misdemeanors by the House of Commons; which they offer to their Lordships Consideration."

The Precedents were:

The Case of Sir Francis Michell and Foules, 22 March, 18 Jac. who, being charged by the House of Commons for Misdemeanors, were committed by them before, and committed again by this House.

Also the Case of the Lord Chancellor Bacon, complained of by the House of Commons, 20° Martii, 18 Jac. but was never committed thereupon.

The Case of Norton and Unwood, who were committed upon Complaint of the House of Commons, 26 Maii, 18 Jac. and afterwards bailed.

Likewise the Case of Sir John Bennett, complained of by the House of Commons, 25 April, 18 Jac. He was committed before his Charge, and afterwards bailed by the Lords.

The Lord Treasurer, 21° Jac. was summoned to appear, and answer his Charge; and the 7th of May he was brought to the Bar, and kneeled, but was not committed.

22° Dec. 1640, the Judges who were complained of by the House of Commons, upon Desire of the Commons, did enter into Security to appear upon Summons.

The 3 January, 1666, the Lord Viscount Mordant was impeached by the House of Commons of Misdemeanors, but was not committed.

Sir Wm. Penn brought to the Bar.

Upon this, the House gave Order, that Sir William Pen should be brought to the Bar.

Which accordingly was done, by the Gentleman Usher of the Black Rod; he kneeling until the Lord Keeper bid him stand up.

And then his Lordship told him, "He was impeached, by the Commons of England assembled in Parliament, in the Name of themselves and of all the Commons of England, for several High Crimes and Misdemeanors committed by him; which Charge should be read unto him."

Impeachment read to him.

Then the Articles against him were read; and the Lord Keeper asked him, "What he said to them?"

He said, "He looked upon himself as a very unhappy Man, to be brought up hither upon this Account; but it was his Comfort, that he should have such honourable Judges. He desired a short Day might be given him, to put in his Answer in Writing; and that Counsel might be assigned him."

To have a Copy, and put in his Answer.

Upon this, Sir William Pen withdrew,

And the House, taking into Consideration what he desired, directed he should have a Copy of his Charge, and that he should put in his Answer in Writing on Wednesday Morning next.

He being called in again, the Lord Keeper told him, "The Lords have appointed him to have a Copy of his Charge, and Wednesday Morning next to be the Time for him to put in his Answer in Writing; and asked him what Counsel he desired to have."

Whereupon he named Sir William Scroggs, Mr. Winnington, Mr. Jones, Mr. Offley, Sir Anthony Morgan, and Sir Walter Walker, to be his Counsel in this Business.

Which this House ordered accordingly.

Sir John Wintour's Petition, concerning the Forest of Dean Bill.

Whereas Saturday last was appointed to hear Counsel at this Bar, as well on the Behalf of Sir John Wintour Knight, Secretary to the Queen Mother, concerning the Matters mentioned in his Petition, as also of the Commoners and other Persons concerned in a Bill, intituled, "An Act for Increase and Preservation of Timber within the Forest of Deane," depending in this House:

It is ORDERED, That Counsel shall be heard, at this Bar, upon the Matters contained in the said Bill and Petition, on Tuesday the 28th of this Instant April, at Ten of the Clock in the Forenoon; whereof both Parties are to take Notice, and attend accordingly.

Seldon released.

Whereas John Seldon, of Barnstable, in the County of Devon, now in the Custody of the Serjeant at Arms attending this House, for disobeying an Order of this House, whereby he was required to appear at the Bar to answer his Offence, in causing John Harris, Servant to the Lord Berkley of Stratton, a Peer of this Realm, and Member of Parliament, to be arrested, contrary to the Privilege of Parliament, hath submitted himself to the said Lord Berkley, and humbly begs the Pardon of this House for his said Offences:

It is ORDERED, at the Intercession of the said Lord Berkley on his Behalf, That the said John Seldon be, and is hereby, discharged of his present Restraint for his said Offences, paying his Fees due to the Officers of this House; and this shall be a sufficient Warrant on that Behalf.

Bill against Atheism, &c.

ORDERED, That the Bill against Atheism and Profaneness, &c. shall be taken into further Consideration, in a Committee of the whole House, on the Second Day of sitting after the Adjournment of this House.

Norden versus Hawles.

ORDERED, That this Afternoon the House will take into Consideration what Judgement to give in the Cause between Norden and Hawles; and will then also hear Counsel concerning the Title to the Barony of Fitzwalter.

Committees adjourned.

ORDERED, That those Committees as were appointed to meet this Afternoon, shall meet To-morrow in the Afternoon.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora tertia, Dominis sic decernentibus.

post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus.Durham.
Epus.Chichester.
Epus.St. David's.
Epus.Ely.
Epus.Norwich.
Epus.Chester.
Epus.Petriburgh.
Epus.Carlile.
Epus.Rochester.
Epus.Lyncolne.
Epus.Exon.
Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Dux Bucks.
Dux Richmond.
Dux Albemarle.
Marq. Worcester.
Edwardus Comes Manchester, Camerarius Hospitii.
Comes Oxon.
Comes Bedford.
Comes Pembrooke.
Comes Nottingham.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Devon.
Comes Denbigh.
Comes Bristol.
Comes Clare.
Comes Bolingbrooke.
Comes Berks.
Comes Dover.
Comes Petriburgh.
Comes Portland.
Comes Norwich.
Comes Essex.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Vicecomes Say & Seale.
Vicecomes Hallifax.
Ds.Arlington, One of the Principal Secretaries of State.
Ds.Delawar.
Ds.Berkley de Berk.
Ds.Sandys.
Ds.Windsor.
Ds.Eure.
Ds.Chandos.
Ds.Arundell de Ward.
Ds.Howard de Charlt.
Ds.Grey.
Ds.Lovelace.
Ds.Howard de Esc.
Ds.Powis.
Ds.Herbert de Cherb.
Ds.Newport.
Ds.Byron.
Ds.Vaughan.
Ds.Carrington.
Ds.Ward.
Ds.Lucas.
Ds.Bellasis.
Ds. Gerard de Brand.
Ds.Crofts.
Ds.Berkley de Strat.
Ds.Holles.
Ds.Cornwallis.
Ds.Delamer.
Ds.Townsend.
Ds.Ashley.
Ds.Crewe.
Ds.Arundell de Trer.

PRAYERS.

Checke and Mildmay, concerning the Barony of Fitzwalter.

After hearing of Counsel this Day at the Bar, on the Behalf of Benjamine Mildmay and Robert Cheeke Esq. upon their respective Claims to the Title of the Barony of Fitzwalter, to the Points in Law, "Whether a Barony in Fee shall descend to the half Blood? and whether a Barony in Fee may be merged in an Earldom in Tail?"

Upon Consideration had thereof, it is ORDERED, That the further Consideration of this Business be adjourned till Wednesday Morning next, at Ten of the Clock; at which Time Mr. Attorney General, or some other Counsel for His Majesty, shall be heard, on His Majesty's Behalf, in relation to the said Title of the Barony of Fitzwalter, if they think fit.

Norden versus Hawles.

ORDERED, That To-morrow Morning this House will take into Consideration what Judgement to give in the Cause between Mr. Norden and Mr. Hawles.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 28um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.