House of Lords Journal Volume 12
30 April 1675

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1767-1830

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'House of Lords Journal Volume 12: 30 April 1675', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 672-674. URL: http://www.british-history.ac.uk/report.aspx?compid=12899 Date accessed: 21 September 2014.


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DIE Veneris, 30 die Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Sarum.
Epus. Petriburg.
Epus. Carlile.
Epus. Rochester.
Epus. Ely.
Epus. Cov. et Litch.
Epus. Bristol.
Epus. Gloucester.
Epus. Bath & Wells.
Epus. Chester.
Epus. Bangor.
Epus. Oxon.
Epus. Chichester.
Epus. Landaff.
Dux Cumberland.
Ds. Finch, Ds. Custos Magni Sigilli.
Ds. Thesaurarius Angliæ.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Albemarle.
Dux Monmouth.
Marq. de Winton.
Marq. Dorchester.
L. Great Chamberlain of England.
Comes Marescallus Angliæ.
L. Steward.
L. Chamberlain.
Comes Oxon.
Comes Bedford.
Comes Pembrooke.
Comes Suff.
Comes Dorset.
Comes Salisbury.
Comes Bridgwater.
Comes North'ton.
Comes Devon.
Comes Denbigh.
Comes Bristol.
Comes Bollingbrooke.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Petriburgh.
Comes Stamford.
Comes Winchilsea.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes St. Alban.
Comes Clarendon.
Comes Bath.
Comes Craven.
Comes Ailesbury.
Comes Burlington.
Comes Shaftsbury.
Comes Powis.
Comes Guildford.
Comes Midd.
Vicecomes Hereford.
Vicecomes Say & Seale.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Mordant.
Vicecomes Halyfax.
Vicecomes Yarmouth.
Vicecomes Newport.
Ds. Awdley.
Ds. Berkeley.
Ds. Fitzwalter.
Ds. Stourton.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. Petre.
Ds. Arundell Ward.
Ds. Grey de Wark.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Carrington.
Ds. Widdrington.
Ds. Ward.
Ds. Colepeper.
Ds. Asteley.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brand.
Ds. Crafts.
Ds. Berkeley Str.
Ds. Holles.
Ds. Delamer.
Ds. Townsend.
Ds. Frechevile.
Ds. Arundell Trer.
Ds. Butler M. Park.
Ds. Duras.
Ds. Grey de Roleston.

PRAYERS.

Cotton's Bill.

Hodie 1a vice lecta est Billa, "An Act to enable Charles Cotton Esquire to sell Land, for Payment of Debts, and raising Portions for Younger Children."

Bill to prevent Dangers from disaffected Persons.

The House was adjourned into a Committee, to take into Consideration the Bill for preventing the Dangers which may arise from Persons disaffected to the Government.

The House being resumed;

The Lord Privy Seal reported, "That the Committee, being in Consideration of the Bill for preventing of Dangers which may arise from Persons disaffected to the Government, hath framed an Order, which is offered to the Consideration of the House; (videlicet,) That no Oath shall by this Bill be imposed upon the Peers, with the Penalty, in Case of Refusal, to lose their Places and Votes in Parliament, or Liberty of Debate therein."

To which this House Agreed; adding some Words, to make it general; which was read, as followeth, and Agreed to, nemine contradicente:

No Oaths to be imposed on Peers, with Penalty of losing their Seats.

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That no Oath shall be imposed, by any Bill, or otherwise, upon the Peers, with a Penalty, in Case of Refusal, to lose their Places and Votes in Parliament, or Liberty of Debates therein; and that this Order be added to the Standing Orders of this House."

ORDERED, That on Monday Morning next the House be put into a Committee, to proceed in the Consideration of the Bill to prevent the Dangers which may arise from Persons disaffected to the Government; and to be the First Business.

Villiers' Petition to the King, for his Writ of Summons as Viscount Purbeok.

A Petition was offered to the House, recommended from His Majesty; which was received, and read, as followeth:

"To the King's Most Excellent Majesty.

"The humble Petition of Robert Villiers, Son and Heir of Robert, and Grandson of John, Viscount Purbeck, and Baron of Stoke;

"Humbly sheweth,

"That Your Petitioner's Father, to the great Injury of the Petitioner, was so ill advised, as to endeavour to cut off those Honours that were conferred upon his Family by the Favour of Your Majesty's Royal Ancestors; which, notwithstanding those his Endeavours, Your Petitioner is told, was not in his Father's Power to do; and also, to Your Petitioner's great Grief, by that and other Actions, his Father was so unhappy as to fall into Your Majesty's Displeasure; for which, and all Things else wherein his Father did offend Your Majesty, Your Petitioner is most extremely sorry, and shall all the Days of his Life strive to redeem his Father's Faults, by his most dutiful and loyal Carriage and Services to Your Majesty; and can never be enough thankful for Your Majesty's great Goodness and Clemency towards him.

"Your Petitioner therefore humbly prays, Your Majesty would be graciously pleased to permit Your Petitioner to attend upon Your Majesty in the House of Peers, as others of his Quality that are under Age do; and he hopes that the Justice of his Cause will so much appear, that he shall have Your Majesty's Grace and Favour in the Maintenance of his Right.

"And Your Petitioner shall ever pray, &c.

"R. Purbecke."

"Whitehall, April 22, 1675.

Reference to the Attorney General.

"His Majesty is graciously pleased to refer this Petition to Mr. Attorney General, who is to consider the Petitioner's Case and Request, and to make Report to His Majesty what he may do therein according to Law; and then His Majesty will declare his further Pleasure.

"H. Coventry."

Attorney General's Report.

"May it please Your Most Excellent Majesty;

"In Obedience to Your Majesty's Command, I have considered of this Petition: And forasmuch as it is a considerable Question (never yet resolved that I know of), whether a Peer can by a Fine bar or extinguish an entailed Honour, I am humbly of Opinion, that it will be fit for Your Majesty to refer this Petition to the Consideration of Your House of Peers: All which is humbly submitted to Your Majesty's high Wisdom.

"Wi. Jones:

"24 April, 1675."

Reference to this House.

"Whitehall, April 28, 1675.

"His Majesty is graciously pleased to refer this Petition to the Most Honourable House of Peers now assembled in Parliament; who are desired to hear, examine, and consider, the Petitioner's Claim; and to judge the same, as to their Lordships shall seem just and reasonable."

"H. Coventry."

E. Denbigh & al. to answer Villiers.

Upon reading the Petition of Robert Villiers, Son and Heir of Robert, and Grandson of John, Viscount Purbeck and Baron of Stoke, to the King's Most Excellent Majesty; shewing, "That his Father (being ill advised) did endeavour to cut off the Honours conferred on his Family by His Majesty's Royal Ancestors, and praying he may be admitted to those Privileges that others of his Quality under Age do enjoy in the House of Peers, and submitting the Justice of his Cause to His Majesty's Grace and Favour;" as also upon reading His Majesty's Reference of the said Petition and Claim to the Examination of the House of Peers, to judge the same as to their Lordships shall seem just and reasonable:

It is thereupon ORDERED, That what Suggestions shall be made by the Earl of Denbigh, or any other Person, by Way of Answer to the said Petition, shall be put in to this House, in Writing, on Monday next, being the 3d Day of May next, at Ten of the Clock in the Forenoon.

Darrell versus Whitchcott.

ORDERED, That the Counsel which should have been heard To-morrow, being the First Day of May next, in the Cause between Marmaduke Darrell Esquire Plaintiff and Sir Jeremy Whichcott Baronet Defendant, be, and is hereby, appointed to be heard, at the Bar of this House, on Friday the 7th Day of May next, at Ten of the Clock in the Forenoon; whereof both Parties are to take Notice, and attend accordingly.

Sherley versus Sir J. Fagg.

Upon reading the Petition of Thomas Sherley Esquire, One of His Majesty's Physicians in Ordinary, complaining of a Dismission of his Bill of Discovery in Chancery, upon the Plea of Sir John Fagg put into the said Court thereunto, concerning divers Manors and Lands in the County of Sussex; and therefore prays Relief in this House:

It is thereupon ORDERED, That the said Sir John Fagg may have a Copy of the said Petition, and put in his Answer thereunto in Writing, on Friday the 7th Day of May next, at Ten of the Clock in the Forenoon, if he think fit.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 3um diem Maii proximi, hora decima Aurora, Dominis sic decernentibus.

Lords take the Oath of Allegiance.

This Day, after the Adjournment of this House, these Lords whose Names are underwritten did, in the Presence of the Lord Keeper and a competent Number of His Majesty's Privy Council, kneeling at the Woolsack whereupon the Lord Keeper sits, take the Oath of Allegiance provided and mentioned in the Act of Parliament 3 Regis Jacobi.

The Gentleman Usher of the Black Rod held the Bible, and the Deputy Clerk of the Parliament read the Oath.

Dux Albemarle.
Comes Pembrooke & Mount.
Comes Clarendon.
Comes Guildford.
Bp. Oxon.
Bp. Chichester.
L. Petre.