Journal of the House of Lords: Volume 14, 1685-1691. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 15 die Maii.
Archb. de Yorke.
Epus. St. Asaph.
Marq. de Halyfax, C. P. S.
Dux Norff. Comes Marescallus.
Comes (fn. 1) Rochester.
Ds. Grey de Ruthin.
Ds. Willoughby P.
Ds. Howard de Essigham.
Hodie 1a vice lecta est Billa, "An Act to enable Theodore Bathurst to make a Jointure for his Wife, and to raise Daughters and Younger Sons Portions, and Payment of his Debts, on Part of his Estate in Yorkeshire."
Message to H. C. for a Conference on the Commissioners of the Great Seal Bill; and that they agree to Coventry House Bill.
To desire a present Conference, in the Painted Chamber, touching the Amendments sent up by the Commons, in the Bill for enabling the Commissioners of the Great Seal to execute the Office of the Lord Chancellor or Lord Keeper.
Answer from H. C.
Judgement against the E. of Devon reversed.
Upon Report from the Lords Committees for Privileges; who were of Opinion, "That the Proceedings against the Earl of Devon in the Court of King's Bench, in Easter Terme, in the Third Year of King James the Second, upon an Information for an Assault upon Mr. Culpeper, wherein his Lordship's Plea of Privilege of Parliament was over-ruled, and he was fined Thirty Thousand Pounds, and thereupon committed to The King's Bench in Execution, were great Violations of the Privileges of the Peers of this Realm:"
After hearing the Record of the Court of King's Bench, wherein the Judgement against the Earl of Devon is entered, read, and also Sir Robert Wright, Sir Richard Holloway, and Mr. Justice Powell, (who gave the Judgement against the said Earl of Devon) what they could say for themselves to justify their Proceedings; and Notice having been given to the King's Counsel, to the End that they might attend if they had any Thing to offer, whether a Peer of this Realm might by Law be committed in Execution for a Fine, the said Counsel did accordingly give their Attendance, (after a Week's Notice) but did offer nothing therein:
After full Consideration had of the several Cases and Precedents wherein the Privileges of the Peers have been concerned; the Lords Spiritual and Temporal in Parliament assembled do declare and adjudge, That the Court of King's Bench, in over-ruling the Earl of Devon's Plea of Privilege of Parliament, and forcing him to plead over in Chief, it being within the usual Time of Privilege, did thereby commit a manifest Breach of the Privilege of Parliament; and that the Fine of Thirty Thousand Pounds imposed by the Court of King's Bench upon the Earl of Devon was excessive and exorbitant, against Magna Charta, the Common Right of the Subject, and the Law of the Land; and that no Peer of this Realm at any Time ought to be committed for the Non-payment of a Fine to the King.
It is ORDERED, That it be, and is hereby, referred to the Lords Committees for Privileges, to consider thereof, and of the several Reflections in it, and what is fit to be done to prevent Disturbance by the said James Percy, who hath so often troubled the House in this Matter; and to report to the House.
Marq. de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 16um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.