House of Lords Journal Volume 11
13 December 1661

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 11: 13 December 1661', Journal of the House of Lords: volume 11: 1660-1666 (1767-1830), pp. 349-350. URL: http://www.british-history.ac.uk/report.aspx?compid=14181 Date accessed: 22 August 2014.


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DIE Veneris, 13 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Ds. Capit. Justic. de Com. Placit. Speaker.

His Royal Highness the Duke of Yorke.
Archp. Eborac.
Epus. London.
Epus. Durham.
Epus. Ely.
Epus. Rochester.
Epus. Chichester.
Epus. Sarum.
Epus. Worcester.
Epus. Lyncolne.
Epus. St. Asaph.
Epus. St. David's.
Epus. Petriburgh.
Epus. Landaffe.
Epus. Carlile.
Epus. Exon.
Epus. Bristoll.
Epus. Norwich.
Epus. Gloucester.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Bucks.
Marq. Winton.
Marq. Worcester.
L. Great Chamberlain.
L. Steward.
L. Chamberlain.
Comes Shrewsbury.
Comes Derby.
Comes Bedford.
Comes Pembrooke.
Comes Nottingham.
Comes Dorsett.
Comes Bridgwater.
Comes North'on.
Comes Bristoll.
Comes Holland.
Comes Bollingbrooke.
Comes Berks.
Comes Cleveland.
Comes Rivers.
Comes Newport.
Comes Chesterfeild.
Comes Thanett.
Comes Portland.
Comes Strafford.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Bathon.
Comes Carlile.
Viscount de Stafford.
Viscount Fauconberg.
Viscount Mordant.
Ds. Abergaveny.
Ds. Awdley.
Ds. Sandys.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby.
Ds. Pagett.
Ds. Chandos.
Ds. Hunsdon.
Ds. Arundell.
Ds. Howard de Charlt.
Ds. Grey.
Ds. Craven.
Ds. Lovelace.
Ds. Powlett.
Ds. Maynard.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Seymour.
Ds. Newport.
Ds. Hatton.
Ds. Loughborough.
Ds. Byron.
Ds. Asteley.
Ds. Clifford.
Ds. Lucas.
Ds. Bellasis.
Ds. Rockingham.
Ds. Gerard de Brandon.
Ds. Lexington.
Ds. Langdale.
Ds. Berkley de Strat.
Ds. Delamer.
Ds. Townsend.
Ds. Crewe.

PRAYERS.

Order to prevent Delay of Proceedings upon Writs of Error.

The Order was brought in, for preventing Delay upon Proceedings of Writs of Errors brought into this House; and was read, as followeth:

"Forasmuch as, upon Writs of Error returnable into this High Court of Parliament, the Plaintiffs therein often desire to delay Justice, rather than to come to the Determination of the Right of the Cause: It is therefore this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Plaintiffs in all such Writs, after the same and the Records be brought in, shall speedily repair to the Clerk of the Parliaments, and prosecute their Writs of Error, and the Proceedings thereupon; and further shall assign their Errors within Eight Days after the bringing in of such Writs with the Records: And if the Plaintiffs make Default so to do, then the said Clerk, if the Defendant in such Writs require it, shall record, that the Plaintiff hath not prosecuted his Writ of Error; and that the House doth therefore award; that such Plaintiff shall lose his Writ, and that the Defendant shall go without Day, and that the Record be remitted. And if any Plaintiff in any Writ of Error shall alledge Diminution, and pray a Certiorari, the Clerk shall enter an Award thereof accordingly; and the Plaintiff may, before in nullo est Erratum pleaded, sue forth such Writ of Certiorari in ordinary Course, without special Petition or Motion to this House for the same; and if he shall not prosecute such Writ, and procure it to be returned within Ten Days next after his Plea of Diminution put into this House, then, unless he shall shew good Cause to this House for the enlarging of the Time for Return of such Writ, he shall lose the Benefit of the same; and the Defendant in the Writ of Error may proceed as if no such Writ of Certiorari were awarded."

ORDERED, That this House agrees to this Order; and that it be forthwith printed and published.

Lady Wentworth's Nat. Bill.

Hodie 1a vice lecta est Billa, "An Act for the naturalizing of Dame Philadelphia, Wife of the Right Honourable Thomas Lord Wentworth."

Sir A. Brown's Bill.

ORDERED, That the Committee for Sir Anthony Browne's Bill do meet again on Monday next in the Afternoon.

Sir Hen. and Sir James Thynne.

ORDERED, That Sir James Thynne shall have an Order, for his Witnesses to appear before this House on Monday Morning next, to give in their Testimonies, in the Cause depending in this House between him and Sir Henry Fredericke Thynne.

Bill to regulate Corporations.

The Earl of Portland reported from the Committee, the Bill concerning Corporations; wherein the Committee have thought fit to make some Amendments, which are offered to the Consideration of the House. But a new Amendment was offered; whereupon the Committee were appointed presently to withdraw, and insert it in a fit Place in the Bill; which being done, the said Committee gave an Account thereof to the House. And the Amendments were read Twice, and ordered to be fair written, and read the Third Time the First Business To-morrow Morning.

Tenants of Clitherow Bill.

Hodie 1a vice lecta est Billa, "An Act for confirming the Copyhold Estates of divers of His Majesty's Copyhold Tenants, within the Honour of Clitherowe, in the County Palatine of Lancaster, Parcel of the Dutchy of Lancaster, according unto several Decrees in the Court of Dutchy Chamber of the said County Palatine."

Writs of Error to be proceeded in.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Plaintiffs in Three several Writs of Errors depending now in the House, (videlicet,) Vanlore versus Bushell, Carter versus Duncombe, and Wedman versus Bie, shall assign their several Errors, according to due Course in Law, within Fourteen Days next after the Date hereof; and that such of the Plaintiffs as shall fail therein shall lose their said Writs, and the Transcript of the Record shall be remitted.

Hardy sent for, for Contempt of the Order for him to re-inter Archbishop Parker's Bones.

It appearing this Day unto the House, upon the Oath of John Morrice, sworn this Day at the Bar, "That Mathew Hardy hath not obeyed the Order of the 24th of July, 1661, made in this House, commanding him to cause the Bones of Mathew Parker, formerly Archbishop of Cant. to be put into the same Place where he was buried;" which Order was by the said Morrice served upon him:

It is ORDERED, That the Serjeant at Arms attending this House, or his Deputy, shall attach the Body of the said Mathew Hardy, and forthwith bring him before their Lordships, to answer his Contempt in this Behalf. And this to be a sufficient Warrant for his Apprehension as aforesaid.

Adjourn.

Ds. Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Saturni, videlicet, 14um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

Derby.
J. Bridgewater.
Bolingbrooke.