Journal of the House of Lords: Volume 12, 1666-1675. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 21 die Aprilis.
|His Royal Highness the Duke of York.|
Epus. Cov. et Litch.
Epus. Bath et Wells.
Ds. Custos Magni Sigilli.
Ds. Thesaurarius Angliæ.
Ds. Custos Privati Sigilli.
L. Great Chamberlain.
Comes St. Albans.
Vicecomes Say & Seale.
Ds. Arundell de W.
Ds. Grey de Wark.
Ds. Gerard de Brand.
Ds. Berkeley Str.
Ds. Arundell de Trer.
Ds. Butler de M. Park.
Ds. (fn. 1) Grey de Rolleston.
Bill to explain the one concerning Popish Recusants.
Bill to prevent Dangers from disaffected Persons.
Memorandum, That, before the putting of the abovesaid Question, these Lords following desired Leave to enter their Dissents, if the Question was carried in the Negative; and accordingly did enter their Dissents, as followeth:
Protest against not rejecting it.
"We whose Names are underwritten, being Peers of this Realm, do, according to our Rights, and the ancient Usage of Parliaments, declare, That the Question having been put, Whether the Bill (intituled, "An Act to prevent the Dangers which may arise from Persons disaffected to the Government)" doth so far intrench upon the Privileges of this House, that it ought therefore to be cast out; it being Resolved in the Negative; we do humbly conceive, That any Bill which imposeth an Oath upon the Peers with a Penalty, as this doth, that, upon the Refusal of that Oath, they shall be made uncapable of sitting and voting in this House, as it is a Thing unprecedented in former Times, so is it, in our humble Opinion, the highest Invasion of the Liberties and Privileges of the Peerage that possibly may be, and most destructive of the Freedom which they ought to enjoy as Members of Parliament, because the Privilege of sitting and voting in Parliament is an Honour they have by Birth, and a Right so inherent in them, and inseparable from them, as that nothing can take it away, but what by the Law of the Land must withal take away their Lives, and corrupt their Blood; upon which Ground, we do here enter our Dissent from that Vote, and our Protestation against it:
Howard E. of Bercks.
Say & Seall.
Grey de Rolleston.
Hallet versus Kendall.
Whereas this House had appointed to proceed in hearing Counsel at the Bar, on Friday the 23th Instant, in the Cause upon the Appeal of Mary Hallet Widow, to which Thomas Kendall and Mary his Wife are Defendants:
It is this Day ORDERED, That the said Hearing be, and is hereby, put off to Monday the 26th Day of this Instant April, at Ten of the Clock in the Forenoon; whereof both Parties are to take Notice, and attend with their Counsel accordingly.
Jenkins et al. versus Blake et al. Protection depending the Suit.
Upon reading the Petition of John Jenkins Esquire and Margaret his Wife, Jane Pringle, and Bryan Grey and Elizabeth his Wife; shewing, "That, since their Appeal brought into this House, Francis Blake and Elizabeth his Wife, and others, Defendants to the said Appeal, do prosecute the Decree complained of; and therefore pray a Stay of Proceedings thereupon, till the Matters complained of be examined in this House:"
It is ORDERED, That the said John Jenkins and the other Petitioners in the said Appeal be, and are hereby, protected in their Persons, coming, staying, and going, from the Prosecution of any Contempt against them in the Court of Chancery during the Continuance of the said Appeal before this House.