Journal of the House of Lords: Volume 3, 1620-1628. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, videlicet, 17 die Decembris,
Sir John Bennet's Appearance excused, because of his Sickness.
IT being signified unto the House, That Sir John Bennett the Elder is so sick, that he cannot, without great Danger of his Life, make his personal Appearance here this Day (as might appear by the Affidavit of Simon Baskervile, a Doctor of Physic);
It is Agreed, That the said Sir John Bennett shall stand upon his Bail for his Appearance, but not to incur any Danger, or Forfeiture, for his Not-appearance at that Time, because of the Indisposition of his Health.
Answer to Petitions against Sir John Bennet.
It being thereupon signified unto the House by the Lord Keeper, That many Petitions are exhibited here every Morning against the said Sir John Bennett, which are much called upon; it is Agreed, That, least the Justice and Care of this House to question the said Sir John Bennett for the same may be doubted of, Notice shall be given to the Petitioners, that this Time is designed for greater Affairs, and too short to proceed against him upon these Complaints; but the Lords do Resolve, at the next Access, to proceed against him with all Effect.
Earl of Holdernesse's Privilege.
Upon the Petition of George Hume, Servant to the Earl of Holdernesse, and arrested, contrary to the Privileges of this House, by the Under-bailiffs of Westm. videlicet, (fn. 1)
It is Ordered, That a Writ of Habeas corpus cum causa be awarded, and directed to the Bailiff of Westm. to bring in the Body of the said George Hume To-morrow Morning, at Nine of the Clock: and also, That the Serjeant at Arms do bring before their Lordships the Bodies of, to answer their said Contempt.
Middleton and Growes discharged.
The Lord Chamberlain declared, That whereas one Midleton, late Sheriff of the City of Canterbury, and Growes, the Town Clerk of the said City, were, by Order of the 10th of this December, to appear here, to answer their Contempt, in the Arrest of Sir James Hales, Knight, Servant to the Right Honourable the Earl of Essex; that they have submitted themselves unto the said Earl, who is an earnest Suitor unto the House, that they may be no further troubled for their said Contempt, but to be thereof dismissed; whereunto the House Agreed.
Earl of Oxford's Privilege.
Thomas Cole's Goods arrested.
The Prisoner being withdrawn, there sell a Doubt amongst the Lords, whether the Privileges of Parliament do extend to the Immunity of the Lands and Goods, as well as of the Person, of a Nobleman's Servant; it is Agreed, That the Sub-committee of Privileges, &c. shall consider thereof; and also, whether the Petitioner Thomas Cole shall bear the Charges of the said Undersheriff, if the Privileges of Parliament shall not extend so far as to the Lands and Goods of a Lord's Servant.
Whether a Peer shall answer upon Oath, or Honour.
The Lords were put in Mind of the Order on Saturday last, That, on this Day, the whole House (as a Committee) shall consider, whether a Nobleman shall answer upon his Oath or no; but, for that the Book of Collections of the Precedents of the Privileges was not in Readiness, the same was deferred till Wednesday next, it being first put to the Question.
It was also Ordered, that all the Lords be here on Wednesday next, at Nine in the Morning, that then there may be a full House, to discuss the Matter of Oath to be taken by the Nobility, which is appointed to be handled that Day.