House of Lords Journal Volume 12: 1 June 1675

DIE Martis, primo die Junii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with Bills.

A Message was brought from the House of Commons, by Serjeant Rigby and others; who brought up Two Bills, wherein they desire their Lordships Concurrence:

1. "An Act for the better Assurance of such as claim under ancient Fines and Recoveries."

2. "An Act for Naturalization of Theodore Russell and others."

Ly. Petre, Privilege. Throsher released.

Whereas Samuell Throsher was this Day brought to the Bar, as a Delinquent, for arresting Francis Howard, menial Servant to the Lady Peter Dowager, contrary to the Privilege of Parliament, and uttering very contemptuous Words against the said Lady Petre, and the Lord Petre, a Peer of this Realm, where he acknowledged his Offence and Sorrow for the same, and humbly begged the Pardon of the House and the Lord Petre for the same, and received the Reprehension of this House for his said Offences:

It is ORDERED (the Lord Petre interceding on his Behalf), That the said Samuell Throsher be, and is hereby, discharged from his present Restraint for his said Offences, paying his Fees; and this shall be a sufficient Warrant on that Behalf.

Darrell versus Whitchcott.

Upon hearing Counsel on both Parts this Day at the Bar, upon the Petition and Appeal of Marmaduke Darrell Esquire, and the Answer of Sir Jeremy Whichcot, depending in this House:

It is ORDERED, That on Saturday next the Lord Keeper do state to this House what was offered by the Counsel on either Part in the said Cause, to the End the Lords may proceed to give Judgement thereupon.

Printing Cases in Parliament.

ORDERED, That it be, and is hereby, referred to the Lords Committees for Privileges, to consider what is fit to be done to prevent the Printing of Cases depending in Parliament, and make Report unto the House.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quarta, Dominis sic decernentibus.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

De Hæretico Comburendo Writ, for taking away, Bill.

Hodie 1^a vice lecta est Billa, "An Act to take away the Writ de Hæretico comburendo."

Crispe versus Dalmahoy;-- Serjeant Peck & al. assigned Counsel to Crispe, attached by H. C.

Information was given to this House, by the Oaths of Sir William Waller and Mr. Buchanan, "That they did see Serjeant Peck, Sir John Churchill, Serjeant Pemberton, and One more, going with a Serjeant at Arms to the Speaker of the House of Commons, being in the Custody of the Serjeant upon account of being committed by the House of Commons; and that Serjeant Pemberton desired Mr. Buchanan to acqaint the Lord Privy Seal, that they were in the Custody of the Serjeant at Arms of the House of Commons."

The like Sir William Waller testified.

Mr. Buchanan, being called in again, said, "That he discoursing with them as they were going into the House of Commons to appear there, they told him, it was because they were of Counsel with Sir Nicholas Crispe."

The House entering into Debate of this Business, appointed the Lord Privy Seal, the Earl of Bridgwater, the Earl of Shaftsbury, and the Lord Holles, to draw and pen an Order, in this extraordinary Case, to declare the Sense and Resolution of the House according to the Debate, and for the bringing these Persons before this House To-morrow Morning, to be released.

The Lord Privy Seal reported the Draught of the ensuing Order; which was read, as followeth:

Order to Black Rod to demand Serjeant Peck and others out of Custody.

"The House of Peers being made acquainted, by Examination of Two Witnesses upon Oath at their Bar, that the Lower House of Parliament had ordered into Custody of their Serjeant, Mr. Serjeant Pecke, Sir John Churchill, Mr. Serjeant Pemberton, Counsel assigned by their Lordships in an Appeal heard at their Lordships Bar, for doing their Duty therein; and judging this to be a great Indignity to the King's Majesty in this His Highest Court of Judicature in this Kingdom, and an unexampled Usurpation, and Breach of Privilege against the whole House of Peers, and tending to the Subversion of the Government of this Kingdom, and a transcendent Breach on the Right and Liberty of the Subject, which is not to be impeached but by due Process of Law; and being by the Law of the Land concerned in all respects to do themselves and any oppressed Subjects Right; do order the Gentleman Usher of the Black Rod attending this House to repair to any Place or Prison within the Kingdom of England, where the said Persons, or any of them, or Mr. Charles Porter Counsellor at Law, are, or shall be, detained or held in Custody; and from any Person or Persons detaining them, or any of them, to demand Delivery of them, without Fees; and the said Usher of the Black Rod is hereby empowered to call all Persons necessary to his Assistance herein, and to make Return of this Warrant To-morrow Morning, by Eight of the Clock, to this House: And this shall be a sufficient Authority on that Behalf.

"To the Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies; and to all Mayors, Sheriffs, Bailiffs, Constables, and other His Majesty's Officers and loving Subjects, who are to be aiding and assisting in the Execution hereof."

The House approved of this Order, and ordered it to be signed by the Clerk of the Parliaments.

Peeresses and Peers Widows, Privileges.

Whereas it is referred to the Committee for Privileges, to examine what hath been done in the Case of Privilege of Parliament allowed to Noblewomen and Widows of Peers, who are to make Report thereof unto this House:

It is this Day ORDERED, That no Privilege of Parliament shall be henceforth allowed to Noblewomen and Widows of Peers, until the said Report be made unto this House.

Jenkins & al. versus Blake & al.

Upon hearing Counsel this Day at the Bar, upon the Petition of John Jenkins Esquire and Margaret his Wife, Jane Pringle, and Brian Grey and Elizabeth his Wife, being an Appeal from a Decree made in the Court of Chancery on the 30th Day of November, 23° Car'l. Secundi, concerning a Rent Charge of Sixty Pounds per Annum, issuing out of certain Lands and Hereditaments in Ford, in the County of Northumberland, and out of the Manor of Cornhill, in the County Palatine of Durham, and concerning an Award made by Ralph Jennison Merchant, concerning the same; as also the Counsel of Francis Blake and Elizabeth his Wife, Arthur Babington and Margaret his Wife, and John Carr and Susanna his Wife (late the Wife of Thomas Winkle), upon their Answer put in thereunto:

After due Consideration had of what was offered on either Part thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree, made in the Court of Chancery on the said 30th of November, 23° Car'l. 2^di, be, and is hereby, affirmed; and that the said Petition and Appeal of John Jenkins and Margaret his Wife, Jane Pringle, and Brian Grey and Elizabeth his Wife, be, and is hereby, dismissed this House: And it is further ORDERED and Adjudged, That the said John Jenkins and Margaret his Wife, Jane Pringle, and Brian Grey and Elizabeth his Wife, shall pay unto the said Francis Blake, Arthur Babington, and John Carr, the Sum of Twenty Pounds of lawful Money of England, for his Costs, by Reason of the said Appeal unreasonably brought into this House.

Wright versus Stevenson, in Error.

Whereas, by virtue of His Majesty's Writ of Error, returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this Court on the Nine and Twentieth Day of April last (with the Transcript thereof), wherein Judgement is entered for Peter Stevenson Gentleman, against Joseph Wright Esquire; upon which Writ the general Errors being assigned, and Issue joined, and this Day appointed to hear the said Errors argued at the Bar; the said Peter Stevenson appearing by his Counsel, but the said Joseph Wright not appearing, nor any Counsel for him:

It is thereupon Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement of the Court of King's Bench, given for the said Peter Stevenson against the said Joseph Wright, be, and is hereby, affirmed; and that the said Transcript of the said Record of the Court of King's Bench, wherein Judgement is entered as aforesaid, be remitted; and that the said Peter Stevenson may thereupon proceed as if no such Writ of Error had been brought into this Court: And their Lordships do further adjudge, That the said Joseph Wright shall pay unto the said Peter Stevenson the Sum of Ten Pounds of lawful Money of England, for his Costs, by reason of the said Joseph Wright's bringing the said Writ of Error into this Court, and not prosecuting thereof.

The Tenor of which Judgement, to be affixed to the Transcript to be remitted, followeth; (videlicet,)

"Postea, scilicet, Vicesimo Nono Die Aprilis, Anno Regni dicti Domini Regis nunc Vicesimo Septimo, Transcript. Record. & Processus prædict. cum omnibus ea tangentibus, Prætextu cujusdam Brevis dicti Domini Regis de Errore corrigend. per præfatum Josephum Wright in præmissis prosecut. dicto Domino Regi in præsenti Parliamento apud Westm. a prædicta Curia dicti Domini Regis hic transmissum suit; prædictusque Josephus Wright in eadem Curia Parliamenti per Henricum Hussey Attornatum suum comparens, placitavit, quod in Recordo & Processu prædicto, ac etiam in Redditione Judicii prædicti, manifestè est Erratum in hoc, videlicet; quod ubi per Recordum prædictum apparet quod Judicium prædict. redditum suit pro præsato Petro Sevenson versus prædictum Josephum Wright, Judicium illud per Legem Terræ hujus Regni Angliæ reddi debuisset pro præfato Josepho versus prædictum Petrum, ideoque in eo manifestè est Erratum; ad quod prædictus Petrus Stevenson per Willielmum Turbill Attornatum suum comparens, placitavit, quod nec in Recordo & Processu prædict. nec in Redditione Judicii prædicti in ullo est Erratum, & petit quod Curia Domini Regis hic procedat ad Examinationem tam Recordi & Processus prædicti quam Materiarum prædict. superius pro Errore assignat. & quod Judicium prædict. in omnibus affirmetur: Super quo Dies datus suit per Curiam Parliamenti præsato Josepho Wright, ad audiend. Errores in Recordo & Processu prædict. assignat. usque Primum Diem Junii, Anno dicti Domini Regis supradicto; idemque Dies dat. suit præsato Petro Sevenson; ad quem Diem in eadem Curia Parliamenti apud Westm. prædict. venit prædictus Petrus Stevenson, & prædictus Josephus Wright (licet solemniter exactus) non venit, nec est Breve suum de Errore ulterius prosecut.; propter quod consideratum est per Curiam Parliamenti prædicti, quod Record. prædict. nec non Processus prædict. a Curia Parliamenti prædict. prædicto Primo Die Junii remittentur, & quod prædictus Peter Stevenson in Curia dicti Domini Regis coram ipso Rege haberet inde Executionem versus præsatum Josephum Wright, juxta Formam & Effectum Judicii prædicti, dicto Brevi de Errore & Processu superinde habit. in aliquo non obstante; & ulterius per eandem Curiam Parliamenti consideratum est, quod prædictus Petrus Stevenson reenperet versus præsat. Josephum Wright Decem Libras, pro Misis & Custagiis suis, quæ sustinuit occasione Dilationis Executionis Judicii prædicti, Prætextu Prosecutionis prædicti Brevis de Errore; ac superinde Record. & Processus prædict. Curiæ dicti Domini Regis per Curiam Parliamenti prædicti coram dicto Domino Rege ubicunque &c. remittentur, & in eadem Curia dicti Domini Regis coram ipso Rege jam resident. &c."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 2^dum diem instantis Junii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,
Winchester.
J. Bridgewater.
Bolingbrooke.
Clarendon.
Shaftesbury.
Stafford.
Joh. Roffen.
P. Wharton.
Holles.