DIE Jovis, 10 die Aprilis,
Domini tam Spirituales
quam Temporales, quorum nomina subscribuntur,
p. Epus. Winton.
p. Epus. Hereforden.
p. Epus. Norwicen.
Epus. Co. et Lich.
p. Epus. Oxon.
p. Epus. Meneven.
p. Epus. Sarum.
p. Epus. Bath. et Well.
p. Epus. Bristol.
p. Epus. Gloucestren.
p. Epus. Carliol.
p. Epus. Exon.
p. Epus. Landaven.
|p. Thomas Coventry, Miles, Ds. Custos Magni Sigilli.
Comes Marleborough, Magnus Thesaur. Angliæ.
p. Comes Maunchester, Præs. Concilii Domini Regis.
Dux Buckingham, Magnus Admirall. Angliæ.
p. Comes Lindsey, Magnus Camerar. Angliæ.
p. Comes Arundell et Surr. Comes Marescallus Angliæ.
Comes Pembroc, Senes. Hospitii.
p. Comes Mountgomery, Camerar. Hospitii.
p. Comes Sussex.
p. Comes South'ton.
p. Comes Essex.
p. Comes Lincoln.
p. Comes Nottingham.
p. Comes Suffolciæ.
p. Comes Dorsett.
p. Comes Bridgwater.
p. Comes Leicestriæ.
p. Comes Warwice.
p. Comes Devon.
p. Comes Angles.
p. Comes Clare.
p. Comes Bolingbrooke.
p. Comes Westmerland.
p. Comes Cleveland.
p. Comes Norwich.
p. Comes Dover.
Vicecomes Say et Seale.
p. Vicecomes Wimbleton.
p. Vicecomes Bayninge.
p. Ds. Percy.
p. Ds. Delawarr.
p. Ds. Dacres.
p. Ds. Darcy.
Ds. St. John de Bas.
p. Ds. Pagett.
p. Ds. Compton.
p. Ds. Spencer.
Ds. Stanhope de H.
Ds. Stanhope de Sh.
p. Ds. Noel.
p. Ds. Kymbolton.
p. Ds. Mountague.
p. Ds. Grey.
p. Ds. Tufton.
p. Ds. Fawconbridge.
p. Ds. Pawlett.
THESE Lords were excused: videlicet,
Absent Lords excused.
Archbishop of Cant.
Earl of Sarum.
Earl of Exeter.
Earl of Bristol.
Earl of Tottnes.
Lord Viscount Conway.
Lord Bishop of Co. et Lich.
(fn. †) Lord Abergavenny.
vice lecta est Billa, An Act (fn. *)
vice lecta est Billa, An Act for the Naturalizing of Alexander Levingston.
vice lecta est Billa, An Act for the Naturalizing of James Freeze.
Lord Gerrard's Bill.
vice lecta est Billa, An Act concerning Dutton
Committed unto the
E. of Bedd.
E. of Essex.
E. of Bridgewater.
E. of Devon.
E. of Clare.
E. of Dover.
L. Bp. of Winton.
L. Bp. of Norwich.
L. Bp. of Sarum.
|L. Bp. of Bath. et W.
L. Bp. of Bristol.
L. Bp. of Exceter.
|Mr. Justice Whittlocke,
Mr. Serjeant Damport,
|To attend the Lords.
To meet on Friday, the 18th of this April, in the
Little Committee Chamber, at Two in the
Willoughby to attend the House.
Ordered, Thomas Willoughby to have Liberty to
attend this House, in Custody of his Keeper, by
virtue of the Habeas Corpus, etc. de die in diem, etc.
from Time to Time, as Occasion shall serve.
Rights and Liberties of the Subject.
Mr. Attorney signified unto the House, That he cannot as yet produce the Original Records of the King's
Bench, touching the Matter wherein he is to be heard
this Afternoon, according to the Order Yesterday, for
that Mr. Keeling, the Secondary of the Office, will not
be in Town till this Night; whereupon the House gave
Time unto the King's Counsel unto Saturday Morning,
And the Lord Chamberlain and the Earl of Dorsett,
attend by Mr. Attorney and Mr. Serjeant Ashley, were
sent to His Majesty, to signify the same unto Him; and
that, for this Cause, the Lords intend not to sit Tomorrow (according to His Message 8 Aprilis), if it may
so please His Majesty, unless His Majesty's Pleasure be
that Mr. Attorney shall be heard here for Him without procuring the said Records.
Answered: The King is well contented and pleased,
that the Lords adjourn the House till Saturday Morning, for the Reasons shewed unto Him by Mr. Attorney.
The Lord Bishop of Winton is appointed to move His
Majesty, That whereas the 21st of this April is appointed
for the General Fast, on which Day divers Markets
and Fairs are granted to divers Towns by Charter, that
His Majesty will be pleased, that in those Places, they
may have Liberty to keep the said Fast the next Day
after the said Fairs ended, notwithstanding His Majesty's
Proclamation for that Day.
Earl of Banbury's Precedency.
Hodie 1a et 2a
vice lecta est, the Order conceived by
the Lords Committees for Privileges, etc. concerning the
Precedency granted by His Majesty unto the Earl of
Banbury, before divers other Lords of an ancienter
This was first approved by the Earl Marshal; and,
being twice read, put to the Question, and generally
The which Order followeth, in hæc verba: videlicet,
"The Order touching the Earl of Banbury.
Order for it.
"The Lords in this Parliament having understood
by the Lords Committees for the Privileges of the
House, that they are clearly of Opinion, the Act of
Parliament 31 H. VIII is most strong and plain for
the settling the Precedency of the Peers, according to their Ancienty and Times of Creation, have,
upon full and deliberate Hearing and Examining the
said Act in every Point, in open House, adjudged,
and do adjudge and declare, the said Act of Parliament of 31 H. VIII to be full and direct in the
Point, to enjoin every Peer, upon new Creation, to
have Place according to the Time of his Creation,
and Date of his Letters Patents, and no otherwise;
and every other ancient Peer to hold his Place according to his Antiquity and Creation, and no otherwise, unless it be in Case of such Persons, and in such
Places, as the said Act doth particularly mention.
"And whereas His Majesty was pleased to send a
gracious Message to this House, to let us know that it
was never His Intention to innovate any Thing in this
Kind, or by that particular Creation to win any Power,
contrary to Law or ancient Custom, in Matter of
placing any one before the other; but that His Majesty having resolved to confer that Dignity on that
Noble Person at the same Time with the other then
advanced, he, being the first in Quality of them, was
consequently to have had the first Creation; but, being at that Time casually forgotten, and His Majesty afterwards remembered of him, He did but
assign him that Rank which at first was intended,
without the least Thought of injuring any in the
present, or ever to do the like in future. As also
His Majesty desired this might pass for once in this
Particular, considering how old a Man this Lord is,
and childless, so that he may enjoy it during his
Time; with this Assurance, That His Majesty will
never more occasion the like Dispute, but allow
Degrees to be marshaled, according to the Statute
in that Behalf. The Lords do give His Majesty very
humble and hearty Thanks for His Princely Care to
satisfy this House of His clear Intention, and are
contented (the Lords particularly interested in the
Precedency having first given their Consents) that
the said Earl may hold the same Place as he now
stands entered for his Life only, and that Place of
Precedency not to go to his Heirs; with this Proviso, that it shall not in the least Degree be brought
into Example, to prejudice the undoubted Right of
the Peers, according to the full Judgement pronounced; and with solemn Protestation, that, as His
Majesty hath been pleased to promise He will never
in the future seek to break the Precedency settled
according to the Antiquity of the Creation in any
Sort, so the Lords will never, upon any Occasion
hereafter, give Way to any Precedency, though but
for Life, or Temporary, in any Point impugning or
contradicting this Judgement, grounded upon the
foresaid Statute, delivered upon so great and sound
Deliberation and Advice, with a general Consent,
which they have caused to be entered and enrolled,
and shall be read at the Beginning of every Session,
in the open House, amongst the Orders."
The Earl of Dorsett was appointed to render the
Thanks mentioned in this Order unto His Majesty.
The Committee for Apparel are to meet on Saturday,
the 12th of this April, in the Little Committee Chamber,
at Two post meridiem.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati
proximum, videlicet, in 12m diem instantis Aprilis, hora
octava, Dominis sic decernentibus.