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 Martis, 14 Januarii.
Message from H. C. with a Bill.
Additional Land Tax Bill.
Messages from H. C. with Bills.
Who brought up a Bill, intituled, "An Act to enable Thomas Eden Esquire to sell Lands, for Payment of his Debts, and make Provision for his Wife and Children, in case they shall have any;" to which their Lordships Concurrence is desired.
Duty on Coffee, Tea, &c. Bill.
Repeal of Clauses of Non-obstantes Bill.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act for the Repeal of divers Clauses in certain Statutes therein after mentioned," shall be considered, in a Committee of the whole House, on Friday next, at Ten of the Clock in the Forenoon.
Trial of Peers.
Peers to be tried in full Parliament for Capital Offences:
Protest against that Resolution.
Memorandum, That the Lords following, before the putting the abovesaid Question, desired Leave to enter their Dissents, if the Question was carried in the Affirmative; and accordingly they do enter their Dissents, as followeth:
"1. Because the Statute of the 15 E. III. which first enacted the Trial of Peers to be only in Parliament, is repealed by the Statute of the 17 of E. III. as contrary to the Laws and Usage of the Realm, as well as the Rights and Prerogatives of the Crown.
"2. As the Statue of the 17 of E. III. has declared the Law and Usage of the Realm before the Statute 15 E. III. so the Practice has been accordingly ever since; insomuch that, from that Day to this, no Peer, indicted for a Capital Offence, has ever claimed a Privilege of being tried only in Parliament; and though very many Peers have been tried and attainted out of Parliament, yet no Writ of Error to reverse such Attainder, for that Reason, has ever been demanded.
"3. Because the Consequence of this Assertion would be, that the Heirs of all such as ever were attainted out of Parliament might claim to be Peers of this Realm; the Attainder of their Ancestors being void, because the Sentence against them was given by a Court that had no Jurisdiction: And also, for the same Reason, all Acquittals of any Peers would be void too, and the Peers may be brought again into Jeopardy of their Lives.
"4. The frequent Attempts to obtain an Act of Parliament, to enact that no Peer shall be tried out of Parliament for Capital Offences, is an Evidence, that, without such a Law, a Peer may be tried out of Parliament; and no Vote of either House of Parliament can change the Law.
"6. Because it deprives the Peers of the Benefit of the Habeas Corpus Act; for, if a Peer cannot be tried for a Capital Offence but only in Parliament, and may be committed to Prison for such Offence, he must of Necessity remain there till the next Parliament, contrary to the said Act; which no Resolution of the House of Peers can or ought to alter, at the Price of their Liberty.
"7. This Vote, That the Peers must be tried only in full Parliament, seems to imply, that the Commons are necessary Parties to the Trial of a Peer; which is contrary to Magna Charta and the known Laws of this Realm.
Peers to be tried only in full Parliament for Capital Offences.
After due Consideration had thereof, it is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That it is the ancient Right of the Peers of England, to be tried only in full Parliament, for any Capital Offences: And it is ORDERED, That this Resolution be added to the Roll of Standing Orders of the House.
Wainwright versus Wiseman.
Upon reading the Petition of James Wainwright, against several Proceedings at Law by William Wiseman and Anne Wiseman; and praying, that Ann Wiseman may shew Cause why the last Judgement and last Order of Sessions should not be set aside:
It is thereupon ORDERED, That the said Anne Wiseman may have a Copy of the said Petition; and be, and is hereby, required to put in her Answer thereunto on Tuesday the 21th Instant, at Ten of the Clock in the Forenoon; whereof the said James Waingwright is to cause timely Notice to be given to the said Anne Wiseman, (fn. 1) to the End she answer accordingly.
Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parlia mentum continuandum esse usque in diem Mercurii, videlicet, 15um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.