Journal of the House of Lords: Volume 4, 1629-42. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, 10 die Februarii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt :
E. of Huntingdon excused.
The Earl of Essex excused the Absence of the Earl of Huntingdon, who is sick of the Gout, but intends to come as soon as he is able.
These Two are added unto the Commissioners for the School of Wootton Underedge (vide 31 Jan.), videlicet, Sir Walter Smith, Mr. Danyell of Marleborough.
Attachment of a Lord of Parliament.
The Lord Archbishop of Yorke reported, That the Committee of Privileges met upon the Reference unto them from the House, whether a Serjeant at Arms may arrest the Person of a Peer (out of Privilege of Parliament), upon a Contempt of a Decree in the Chancery; and his Grace reported, That the Committee perused the Order made here in Parliament Anno 14° Eliz upon deliberate Advice of all the Judges, and of the Queen's Learned Counsel, touching the Attachment of the Lord Cromewell, for his not obeying an Injunction of the Chancery; in which Order it is declared, That t did not then appear, that, by any Statute Law, or by the Common Law or Custom of the Realm, or by any Precedent of the Court of Chancery, the Person of any Lord, having Place and Voice in Parliament, before that Time, hath been attached, and that the said Attachment appeared to be derogatory and prejudicial to the ancient Privileges claimed to belong to the said Lords of this Realm; with this Proviso nevertheless, in the said Order, That if, at any Time after, there shall be shewed sufficient Matter, that, by the Prerogative, or by any Statute, or by the Common Law, or sufficient Precedents, the Persons of any of the Lords of Parliament ought, in such Case, to be attached, then that to take Place which so shall be shewed and warranted.
His Grace also reported, That the said Committee had perused divers Precedents of Attachments of Lords of Parliament, since the said Order of 14° Eliz whereof one was Anno 18° Eliz and most of them were in the Time of King James, but none of them before the said 14th Year of Queen Eliz. and that the Committee, considering of the said Precedents, did find that some Lords, not knowing their Rights, had submitted unto the said Attachments, and that some of them were not attached, though so ordered to be; and therefore, seeing no Precedent hath been shewn before the said 14th Year of Queen Eliz. in Contradiction of the said Order, the Committee are of Opinion, That the like Declaration be made, that the Lords of Parliament ought to enjoy their ancient and due Privileges, and their Persons to be free from such Attachments, with the same Proviso as in the said Order is contained; and, for that it is necessary to have some settled Course in the Chancery, to compel a Lord of Parliament to perform Trust, and the like, the said Committee are also of Opinion, That some Order therein be made and declared by this House.
This Report being ended, the said Order of ultimo Junii, Anno 14° Eliz. was read; after some Debate hereof in the House, it was Ordered as followeth.
Orders concerning the Attachment of a Lord of Parliament.
"1 It is referred to the Committees for Privileges, &c. To consider what Course shall be taken in the Proceedings of the Chancery against the Person of a Lord of Parliament.
"To meet on Friday next (13 Feb.) at Two post meridiem; and these Judges to attend their Lordships: videlicet,
"Mr. Baron Denham, Mr. Justice Jones, Mr. Justice Whitlocke, Mr. Justice Yelverton, Mr. Justice Crooke, and the King's Learned Counsel.
"2 It is generally assented unto, That the Peers of the Land shall enjoy the same Privilege from Attachments out of the Chancery, as is mentioned in the Order of Parliament, ultimo Junii, Anno 14° Eliz with the same Proviso there expressed in the Cause of the Lord Cromewell".
The Proposition concluded Yesterday, touching the Precedency of Foreign Nobility, was read; and a Committee appointed to draw a Petition to be presented unto His Majesty, concerning the same: videlicet,
To meet presently, and Mr. Attorney to produce the Precedents.
Dominus Custos Magni Sigilli declaravit præsens Par liamentum continuandum esse usque in diem Jovis proxi mum, videlicet, 12m diem instantis Februarii, hora nona, Dominis sic decernentibus.