House of Lords Journal Volume 12
23 February 1670

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 12: 23 February 1670', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 293-294. URL: http://www.british-history.ac.uk/report.aspx?compid=12640 Date accessed: 28 November 2014.


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DIE Mercurii, 23 die Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. Ely.
Epus. Sarum.
Epus. Petriburgh.
Epus. Rochester.
Epus. Landaffe.
Epus. Exon.
Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Marq. Worcester.
Jacobus Comes Brecknock, Senescallus Hospitii, &c.
Edwardus Comes Manchester, Camerarius Hospitii, &c.
Comes Oxon.
Comes Kent.
Comes Bedford.
Comes Suffolke.
Comes Dorsett.
Comes Bridgwater.
Comes Devon.
Comes Denbigh.
Comes Clare.
Comes Bolingbrooke.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Dover.
Comes Sunderland.
Comes Norwich.
Comes Scarsdale.
Comes St. Albans.
Comes Essex.
Comes Cardigan.
Comes Anglesey.
Comes Carlile.
Comes Craven.
Comes Aylsbury.
Vicecomes Mountagu.
Vicecomes Say & Seale.
Vicecomes de Stafford.
Vicecomes Hallyfax.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Awdley.
Ds. Sandys.
Ds. Eure.
Ds. Willoughby.
Ds. Pagett.
Ds. North.
Ds. Chandos.
Ds. Arundell de Warder.
Ds. Tenham.
Ds. Coventry.
Ds. Powis.
Ds. Newport.
Ds. Hatton.
Ds. Byron.
Ds. Widdrington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Langdale.
Ds. Crofts.
Ds. Berkley de Strat.
Ds. Cornwallis.
Ds. Delamer.
Ds. Freschevile.
Ds. Arundell de Treric.
Ds. Butler.

PRAYERS.

Thornbury, Oldbury, &c. Bill.

Hodie 1a vice lecta est Billa, "An Act for confirming of certain Articles for settling the Customs of the Manors of Thornbury, Oldbury, &c."

* * * * * * * * *

A Petition was presented to this House, from the Earl of Banbury; which was read, as follows:

E. of Banbury's Petition, for his Writ of Summons.

"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

"The humble Petition of Nicholas Earl of Banbury;

"Sheweth,

"That your Petitioner hath the Honour to be a Peer of this Realm by Descent, and is legally entitled, by Right of Inheritance, to the Dignity and Honour of Earl of Banbury, and ought therefore to have and enjoy his Voice and Seat in Parliament, and all other Privileges and Pre-eminences to such Dignity belonging; and hath always, in all Taxes and Payments of Poll-money and Benevolences, paid such Sums, and in such Proportions, as to the Quality and Degree of an English Earl did appertain: Nevertheless, your Petitioner hath not yet had the Honour to receive from His Majesty such a Writ of Summons to Parliament as is usually granted to other the Peers of this Realm.

"Wherefore, since your Petitioner is well assured that no legal Impediment can be objected and proved against him, he most humbly prays this Honourable House, That he may receive such a Writ of Summons to the Parliament now sitting, as may enable him to serve His Majesty there according to the Duty of his Place and Quality.

"And your Petitioner shall pray, &c.

"Banbury."

Upon this, the House made this Order following:

"Upon reading the humble Petition of Nicholas Earl of Banbury this Day, praying that he may receive such a Writ of Summons to the Parliament now sitting, as may enable him to serve His Majesty there according to the Duty of his Place and Quality: It is ORDERED, That the said Petition be referred to the Lords Committees for Privileges; whose Lordships, having considered thereof, are afterward to report their Opinion to the House."

Proceedings against the E. of Strafford to be expunged in the Journal.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees for Privileges are hereby appointed to observe the Directions of an Act of this present Parliament, intituled, "An Act for Reversal of the Attainder of the Earl of Strafford, in vacating and expunging out of the Journals of this House, those Proceedings which by that Act are appointed to be razed."

Hyde, E. Rivers' Servant, sued by Ridge, Walley, & al.

Upon Complaint and Oath made at the Bar of this House, by William Hyde, menial Servant to the Earl Rivers, a Peer of this Realm (and so owned to be, by his Lordship this Day), "That he is sued and prosecuted, in several of His Majesty's Courts in the County Palatine of Chester, by Robert Ridge of the City of Chester Vintner, Richard Walley of Frodsham in the County of Chester Shop-keeper, and others, for some Affairs relating to the said Earl, in the Time of Session of Parliament, contrary to the Privilege of Parliament, notwithstanding that the said William Hyde did insist upon his Privilege, and shewed them a Protection under the Hand and Seal of the said Earl, which they gave no Respect unto, but proceeded in the said Suits by Richard Barker their Attorney:"

Ridge & al. sent for.

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Ridge, Richard Walley, and Richard Barker, be, and are hereby, required to appear at the Bar of this House, on Wednesday the Sixteenth Day of March next, at Ten of the Clock in the Forenoon, to answer to the said Complaint; and that all Proceedings against the said William Hyde, by them the said Robert Ridge, Richard Walley, and others, or their said Attorney Richard Barker, be staid during the Privilege of Parliament, as they and every of them will answer the contrary to this House.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 26um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.