Journal of the House of Lords: Volume 13, 1675-1681. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 3 die Julii.
Whereas the Bill to enable Trustees to sell Lands of Tanfield Mulso Esquire, lately deceased, for Payment of his Debts, and making Provision for his Children, was on Friday last read the Third Time; but the passing thereof respited until this Day:
Bill against a Peer, to examine Witnesses in perpet. Rei Mem no Breach of Privilege.
The Lords Spiritual and Temporal in Parliament assembled to declare, That in all Cases wherein it is necessary to examine Witnesses in perpetuam Rei Memo riam, it shall not be taken to be a Breach of Privilege of Parliament, to file a Bill against a Peer, in Time of Parliament, for that Purpose only; and that this Decla ration be added to the Roll of Standing Orders.
E Peterborough and Visc Stafford Quard.
Bill against Atheism, &c.
Keels and Boats Measurement Bill.
E. of Powis Privilege Herbert released.
Whereas Gerard Herbert was (amongst other Persons) brought to the Bar of this House, on the Twenty-Second Day of June last, for a Breach of Privilege of Parlia ment, by him (and others) committed against the Earl of Powis, a Peer of this Realm; where it being proved against him the said Gerard Herbert, that he had uttered Words derogatory to the Authority of the House of Peers, for which he was then committed to the Prison of The Fleete during the Pleasure of this House:
It appearing, by the Intercession of the Earl of Powis on his Behalf, that he the said Gerard Herbert hath made his humble Submission to the said Earl, and expressed his Penitence for so having offended this House; it is ORDERED, by the Lords Spiritual and Temporal in Par liament assembled, That the said Gerard Herbert be, and is hereupon, discharged from his present Restraint in the Prison of The Fleete, paying his Fees due to the Officers of this House; and this shall be a sufficient Warrant on that Behalf.
Darrell versus Whichcot.
Whereas this House this Day entered into the Hea ring of the whole Matter, in the Cause between Marma duke Darrell Esquire, and Sir Paul Whichcot Baronet; but, having not Time to go through the same, intend to proceed therein To-morrow:
It is ORDERED, That the Causes which were ap pointed to be heard To-morrow and the Days following shall come on in Course after each other, as they are already appointed; whereof the Parties therein respec tively concerned are hereby to take Notice, and attend with their Counsel accordingly.
Marq. Worcester, Privilege.
Whereas, upon the Complaint of the Marquis of Worcester a Peer of this Realm, Meredith Howell, Phil lip Edward, and Nathaniell Field, were this Day brought to the Bar, as Delinquents, for a Breach of Privilege by them (with others) committed, in carrying away Wood out of Wentwood Chase, belonging to the said Marquis of Worcester, and then examined by this House; at which Time they tendered a Petition, and were commanded to withdraw:
Howel et al to remain in Custody, for cutting Wood in Wentwood Chase.
After due Consideration had thereof, it is Resolved, by the Lords Spiritual and Temporal in Parliament assem bled, That the said Meredith Howell, Phillip Edward, and Nathaniell Feild, are guilty of the said Breach of Privilege; and shall be and remain in the Custody of the Gentleman Usher of the Black Rod attending this House, until the Pleasure of this House be further sig nified.