House of Lords Journal Volume 12: 5 May 1675

DIE Mercurii, 5 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Prince Rupert's Bill.

Hodie 3^a vice lecta est Billa, "An Act for granting a License to his Highness Prince Rupert Duke of Cumberland."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Bill to explain the one concerning Recusants.

Hodie 3^a vice lecta est Billa, "An Act for Explanation of an Act for preventing Dangers which may happen from Popish Recusants."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Protest against it.

Memorandum, That, before the putting the abovesaid Question, the Lord Viscount Stafford desired Leave to enter his Dissent, if the Question was carried in the Affirmative; and accordingly he entered his Dissent, by subscribing his Name:

"Stafford."

Message to H. C. with the Bill concerning Recusants, and P. Rupert's.

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

To deliver the Bill concerning the Duke of Cumberland, and the Bill for Explanation of an Act for preventing Dangers which may happen from Popish Recusants; and to desire their Concurrence thereunto.

Message from thence, with Bills.

A Message was brought from the House of Commons, by Sir John Birkenhead and others; who brought up Two Bills, to which their Lordships Concurrence is desired:

1. "An Act for the naturalizing of Mrs. Alice Rushout."

"2. An Act to enable Sir Francis Compton to make Sale of the Manor of Hammerton, in the County of Huntington."

Another Message from thence, concerning their Privileges in Sherley's Appeal versus Sir J. Fagg, a Member of their House.

A Message was brought from the House of Commons, by Sir Trevor Williams and others:

That the Knights, Citizens and Burgesses of the House of Commons in Parliament assembled, have been informed that there is a Petition of Appeal depending before their Lordships, at the Suit of Thomas Sherley Esquire, against Sir John Fagg, a Member of their House; to which Petition he is, by their Lordships Order, directed to answer on Friday next; and desire their Lordships to have Regard to their Privileges.

The Answer returned was:

Answer.

That this House have considered of their Message, and will send an Answer by Messengers of their own.

Committee to consider of this Message.

ORDERED, That the Committee for Privileges do meet this Afternoon, to consider of the Message received from the House of Commons this Day, concerning Thomas Sherley Esquire, and Sir John Fagg a Member of that House, and search Precedents in the Case; and report to the House To-morrow Morning.

Dutchess of Cleveland's Privilege: Channell to render himself to Serjeant at Arms, for arresting Vinson.

Upon Complaint and Oath made at the Bar of this House, of the Behaviour of John Channell Plumber, in refusing to give Obedience to an Order of Attachment issued against him, for refusing to appear upon Summons, to answer his Offence in arresting Richard Vinson, Servant in Livery to Her Grace the Dutchess of Cleaveland, contrary to the Privilege of Parliament:

It is this Day ORDERED, That the said Channell be, and is hereby, required peremptorily to render himself to the Serjeant at Arms attending this House, by or before To-morrow Morning, at Ten of the Clock; and that the affixing of this Order to the Door of the Dwelling House of the said John Channell shall be a sufficient Notice on that Behalf.

E. of Strafford versus Eyres for Scandal.

Upon Complaint made to this House, "That William Eyres Esquire hath published a Book, therein scandalizing the late Earl of Strafford, and the present Earl of Strafford:"

It is thereupon ORDERED, That the said William Eyres be, and is hereby, required to appear at the Bar of this House, To-morrow, at Ten of the Clock in the Forenoon.

Hubert, King's Servant, Privilege: Slocomb, &c. discharged.

Whereas John Slocombe and George Fellows, of Colebrooke, in the County of Bucks, were, by Order of the 19th of April last, summoned to appear at the Bar of this House, on Monday the 26th Day of the said Month of April, to answer to the Complaint of John Hubert Esquire, One of His Majesty's Gentlemen Pensioners, for attaching his Cattle, contrary to the Privilege of Parliament, upon Pretence of Monies due to them from the said John Hubert, as in his Petition is alledged; on which Day, and every Day since to this Day, they the said John Slocombe and George Fellowes have attended the Pleasure of this House, where nobody hath since appeared to object against them:

Upon their humble Petition, praying, "That they may either be called to answer, or dismissed;" it is ORDERED, That the said John Slocombe and George Fellowes be, and are hereby, discharged from any further Attendance upon this House, by reason of the said Complaint.

E. Denbigh versus Villiers, claiming the Title of L. Purbeck.

Upon reading the Petition of Basil Earl of Denbigh, against the Claim made by Robert Villiers to the Dignity of Viscount Purbeck:

It is ORDERED, That the said Robert Villiers may have a Copy of the said Petition, and put in such Answer thereunto as he shall think fit.

Sir James Norfolk versus Crake, in Error.

Upon reading the Petition of Sir James Norfolke Knight, Plaintiff in a Writ of Error depending in this House, to which Michaell Crake is Defendant; shewing, "That, by reason of his Daily Attendance on the House of Commons, he cannot consult with his Counsel, to assign Errors thereupon, within the Time limited by the Rules of this House; and thereupon prayeth a longer Time for that Purpose:"

It is ORDERED thereupon, That the said Sir James Norfolke have hereby Time given him till Saturday the 15th Day of this Instant May, at Ten of the Clock in the Forenoon, for assigning Errors in the Writ aforesaid.

Darrell versus Whitchcot.

Whereas this House had appointed to hear Counsel, in the Cause between Marmaduke Darrell Esquire, and Sir Jeremy Whichcott, on Friday the Seventh of May Instant:

It is this Day ORDERED, That this House will hear the said Counsel, at the Bar, on Tuesday the 18th Day of this Instant May, at Ten of the Clock in the Forenoon; whereof the said Marmaduke Darrell is to cause timely Notice to be given to the said Sir Jeremy Whichcot for that Purpose.

Heads for securing the Protestant Religion.

ORDERED, That on Saturday Morning next the House shall be put into a Committee, to proceed in the Consideration of Heads for a Bill for securing the Protestant Religion.

Squib versus The King, in Error.

Whereas Sir William Jones, His Majesty's Attorney General, hath this Day joined Issue, pleading in nullo est Erratum, upon the Writ of Error depending in this House, wherein Edmund Squib is Plaintiff against the King's Majesty:

It is ORDERED, That this House will hear the Errors assigned thereon argued by Counsel, as well on His Majesty's as on the said Plaintiff's Part, on Wednesday the 19th Day of this Instant May, at Ten of the Clock in the Forenoon; whereof the said Edmund Squib is to cause timely Notice to be given to His Majesty's Attorney General for that Purpose.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 6^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.