House of Lords Journal Volume 12
8 February 1671

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1767-1830

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'House of Lords Journal Volume 12: 8 February 1671', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 422-423. URL: http://www.british-history.ac.uk/report.aspx?compid=12744 Date accessed: 23 August 2014.


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DIE Mercurii, 8 die Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. Winton.
Epus. Ely.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Oxon.
Epus. Rochester.
Epus. Bangor.
Epus. Chester.
Epus. St. Asaph.
Sir Orlando Bridgman,
Miles et Bar.
Ds.Custos Magni Sigilli.
Dux Richmond.
Marq. Worcester.
Marq. Dorchester.
Robertus Comes Lyndsey,
Magnus Camerarius Angliæ.
Jacobus Comes Brecknock,
Senescallus Hospitii Domini Regis.
Edwardus Comes Manchester,
Camerarius Hospitii Domini Regis.
Comes Oxon.
Comes Kent.
Comes Bedford.
Comes Suffolke.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Clare.
Comes Bolingbrooke.
Comes Berks.
Comes Rivers.
Comes Petriburgh.
Comes Winchilsea.
Comes Chesterfield.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Cardigan.
Comes Anglesey.
Comes Carlile.
Comes Craven.
Comes Aylisbury.
Comes Burlington.
Vicecomes de Stafford.
Vicecomes Fauconberg.
Vicecomes Hallyfax.
Ds. Delawarr.
Ds. Berkeley de Berkeley.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby.
Ds. Chandos.
Ds. Petre.
Ds. Arundell de Warder.
Ds. Grey.
Ds. Lovelace.
Ds. Maynard.
Ds. Coventry.
Ds. Mohun.
Ds. Powis.
Ds. Newport.
Ds. Hatton.
Ds. Byron.
Ds. Carrington.
Ds. Widdrington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard.
Ds. Wotton.
Ds. Langdale.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Townsend.
Ds. Ashley.
Ds. Butler.

PRAYERS.

Bps. of Bangor and St. Asaph Lead Mines, Bill.

The Lord Powis reported, "That the Committee have further considered the Bill to enable Robert Lord Bishop of Bangor and Isaac Lord Bishop of St. Asaph, and their respective Successors for ever, to let for Three Lives, or One and Twenty Years, all Lead Mines in their Soil, and have made some alterations therein;" which were read Twice.

And, after some Words were put out at the Table, the House agreed to the said Alterations; and ordered the Bill to be engrossed, with the said Alterations.

L. Mohun's Petition.

ORDERED, That the Lord Mohun's Petition shall be read To-morrow Morning.

Writs of Error brought in.

The Lord Chief Justice of the Court of King's Bench brought in Two Writs of Error, in the usual Form; one between His Majesty Plaintiff and Edmonds Defendant, the other between Usher Plaintiff and Cussack Defendant.

Bill against maiming and wounding.

Next, the House proceeded in Consideration of the Remainder of the Report of the late Free Conference with the House of Commons, being the Clause concerning the Members of both Houses of Parliament.

The said Clause being read in several Branches; upon Debate thereof, these Resolutions following were made:

The Question being put, "Whether to have in this Clause the Penalty of Imprisonment continued?"

It was Resolved in the Negative.

The Question being put, "Whether in this Clause there shall be the Penalty of Treble Damages continued ?"

It was Resolved in the Affirmative.

The Question being put, "Whether in this Clause the Penalty of Fine and Ransom shall be continued?"

It was Resolved in the Affirmative.

The Question being put, "Whether in this Clause the Penalty of the good Behaviour during Life shall be continued?"

It was Resolved in the Negative.

ORDERED, That in this Clause the Penalty of Imprisonment until Treble Damages be paid shall be left out.

The Question being put, "Whether in this Clause the Penalty concerning Officers shall be continued?"

It was Resolved in the Negative.

ORDERED, That the Words ["the said 16th of February"] shall be made ["the said Tenth of March"].

Then the whole Clause, with the Amendments, was read.

And the Question being put, "Whether to agree to this whole Clause, as it now stands amended?"

It was Resolved in the Negative.

ORDERED, That this House have a Free Conference with the House of Commons To-morrow Morning, at Eleven of the Clock, concerning these Alterations.

Message to H. C. for a Conference about it.

A Message was sent to the House of Commons, by Sir William Childe and Sir William Glascock:

To desire a Free Conference, To-morrow Morning, at Eleven of the Clock, in the Painted Chamber, upon the Subject-matter of the last Free Conference.

The same Managers as managed the last Free Conference are appointed to manage this Free Conference.

Colt versus Colt.

ORDERED, That on Monday next this House will take into Consideration what Judgement to give in the Cause between Colt and Colt.

Countess Dowager of Peterborough versus E. of Peterborough.

Upon reading the Petition of Elizabeth Countess Dowager of Peterborough; shewing, "That Henry now Earl of Peterborough, her Son, claimeth the Possession of the Manors of Chellington, Stagisdon, and Clifton Reynes, in the Counties of Bedford and Bucks; of which Manors the said Countess, as she alledgeth in the said Petition, is in Possession:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel shall be heard, at the Bar of this House, as well for the said Countess Dowager of Peterborough as the now Earl of Peterborough, concerning the present Possession of the said Manors, on Wednesday the Fifteenth Day of February Instant, at Ten of the Clock in the Forenoon.

E. of Peterborough and L. Lucas Quarrel.

The House being made acquainted with some Words of Provocation that passed in private between the Earl of Peterborough and the Lord Lucas, upon some Occasion of Debate upon the Petition of the Countess Dowager of Peterborough; the House directed the Lord Keeper, in the Name of the House, to tell their Lordships, "That the House expected that they should ask the Pardon of the House, for their Offence done herein to the House; and engage themselves upon their Honours, that there shall be no further Proceedings between them upon this Business."

Hereupon the Earl of Peterborough and the Lord Lucas asked the Pardon of the House for their said Offence, and engaged themselves upon their Honour to obey the Commands of the House therein.

Peers, when and how to withdraw, when Matters concerning them are debated.

ORDERED, That it be referred to the Committee for Privileges, to consider of and prepare an Order to be offered to the House, and to be affixed to the Roll of Standing Orders of the House, concerning the Manner how and when Peers shall withdraw themselves when any Matter wherein they are concerned is to be debated in this House.

Harrison, Count. of Northumb. Servant, arrested.

Upon Oath made at the Bar of this House, by John Gee Gentleman, "That John Harrison, Servant to the Countess Dowager of Northumberland, was lately arrested, by John Terry, Bailiff to the Sheriff of the County of Warwick, at the Suit of John Withybed, of Staverton, in the County of North'ton, sitting the Parliament; and that a Declaration is delivered to him, and a Plea now required from him, whereby to try the said Cause at the next Assizes, by John Clarke, of Rugby, in the County of Warwicke, Attorney:"

Withybed & al. sent for.

All which Proceedings being contrary to the Privilege of Parliament, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Withybed, John Clarke, and John Terry, be, and are hereby, required to appear at the Bar of this House, on Wednesday the Two and Twentieth Day of February Instant, at Ten of the Clock in the Forenoon, to answer for their said Offences: And hereof they may not fail.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 9um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

J. Bridgewater.
Ed. Carliol.
Joh. Roffen.
Geo. Eure.
Chandos.