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 Martis, videlicet, 6 die Maii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
Absent Lords excused.
|EARL of Bridgewater,||Excused.|
|Earl of Norwich,|
|Earl of Dover,|
|Lord Bishop of Hereford,|
The Lord Archbishop of Cant. reported the Bill to make the River of Medway navigable, etc. fit to pass, with some Amendments; the which were Twice read, and approved of, and the Bill ordered to be ingrossed accordingly.
Lord Delawarr's Privilege. Willoughby's Arrest.
It was this Day signified unto the House, That Thomas Willoughby, Servant to the Lord Delawarr, had paid One Hundred Thirteen Pounds, Six Shillings, and Eight Pence, unto Robert Reynder, according to his Proffer, 29th April; and that Reynder had accepted thereof, and thereupon given up the Bond of Six Hundred Pounds, wherein the said Willoughby stood bound unto him as a Surety with Sir George Hastings. The said Thomas Willoughby was thereupon brought before the Lords, by virtue of the Writ of Habeas Corpus, etc. the Return whereof being read, and Thomas Watson, Attorney to the said Rainder, acknowledging to the Lords, that the said Raynder had given unto him Warrant to acknowledge Satisfaction of his Judgement of Six Hundred Pounds against the said Willoughby in the Return mentioned; and Richard Hughes (the Marshal's Man) having acknowledged that the said Willoughby had discharged all Matters wherewith he was charged in The Marshalsea, after the Expiration of the Privilege of Parliament, 1626, he the said Thomas Willoughby was thereupon discharged, and set at Liberty.
Report from the Committee concerning the Manner of the Lords answering, etc.
The Earl Marshal reported, That the Committee for Privileges met Yesterday in the Afternoon, according to the Appointment of the House, to consider of the Four Things referred to their Consideration.
The which were these: videlicet,
"1. Whether a Peer of Parliament is to answer upon Oath, or upon his Honour only?
"2. Whether a Peer, having done his Homage once to the King at the Coronation, may be compelled to pay for Respect of Homage, in respect of Lands held of the King in Capite.
"3. Whether the Goods of a Privileged Person, taken in Execution (during the Privilege of Parliament) ought not to be delivered to the said Party by Privilege of Parliament?
"4. The Bill for the Delivery of such Privileged Persons as shall be arrested after the Parliament ended and during the Privilege thereof, etc."
Answer, as Defendants, upon Honour.
1. And his Lordship further reported, "That they finding the first of these References to be general, they considered only of the Answers of the Peers in Courts as Defendants; and that they had perused all the Precedents, which are either for their Answers in this Kind upon Protestation of Honour only, or for their Answers upon the Common Oath; and, after due and mature Deliberation thereof, they all Agreed, una voce, That the Nobility of this Kingdom and Lords of the Upper House of Parliament are, of ancient Right, to answer in all Courts as Defendants upon Protestation of Honour only, and not upon the Common Oath.
Respect of Homage.
"2. And as touching the Second, for the Respect of Homage, Mr. Attorney desired to have Time to consider thereof; and they Agreed, That he should be heard in the House as soon as he shall be ready.
Goods of Privileged Persons.
"3. And as touching the Third, they all Agreed, That the Goods of a Privileged Person taken in Execution, ought to be re-delivered and freed as well as the Person.
Privileged Persons arrested during the Time of Privilege.
"4. And as touching the Bill for setting at Liberty such Privileged Persons as shall be arrested after the Parliament ended, and during the Privilege thereof, they had heard it read, and appointed Mr. Attorney to draw a new Bill."
This Report being ended; the House was put into a Committee, for the free Debate of the First Point, touching Answers upon Honour.
After long Debate hereof, and a general Agreement that (fn. 1)
Peers in all Courts to answer upon Protestation of Honour only.
The House was resumed; and it was Ordered, upon the Question (nemine contradicente), That the Nobility of this Kingdom and Lords of the Upper House of Parliament are, of ancient Right, to answer in all Courts, as Defendants, upon Protestation of Honour only, and not upon the Common Oath.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Mercurii 7m diem instantis Maii, hora nona, Dominis sic decernentibus.