DIE Martis, 22 die Octobris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| His Royal Highness the Duke of Yorke. |
Arch. Cant.
Arch. Eborac.
Epus. Durham.
Epus. Winton.
Epus. Chichester.
Epus.St. David's.
Epus.Ely.
Epus. Norwich.
Epus. Litch. et Cov.
Epus. Chester.
Epus. Sarum.
Epus.Petriburgh.
Epus. Carlile.
Epus. Oxon.
Epus. Rochester.
Epus. Bangor.
Epus. Landaffe.
Epus. St. Asaph. |
Sir Orlando Bridgman, Mil. et Bar. Ds. Custos Magni Sigilli.
Dux Richmond.
Dux Albemarle.
Marq. Worcester.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ.
Edwardus Comes Manchester, Camerarius Hospitii.
Comes Oxon.
Comes Northumb'l.
Comes Kent.
Comes Nottingham.
Comes Suffolke.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Clare.
Comes Bolingbrooke.
Comes Berks.
Comes Rivers.
Comes Dover.
Comes Petriburgh.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes Essex.
Comes Anglesey.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Burlington.
Vicecomes Mountagu.
Vicecomes Say et Seale.
Vicecomes Conway.
Vicecomes Fauconberg.
Vicecomes Mordant. |
Ds. Sandis.
Ds. Cromwell.
Ds. Eure.
Ds. North.
Ds. Chandos.
Ds. Arundell de Ward.
Ds. Howard de Charlt.
Ds. Grey de Wark.
Ds. Lovelace.
Ds. Poulett.
Ds. Howard de Esc.
Ds. Newport.
Ds. Vaughan.
Ds. Carington.
Ds. Lucas.
Ds. Bellasis.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Lexington.
Ds. Crofts.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Townsend.
Ds. Crewe.
Ds. Arundell de Trerice. |
PRAYERS.
Sir C. Stanley's Bill.
Hodie 2a
vice lecta est Billa, "An Act to enable
Trustees to make Leases, for Payment of the Debts,
and providing for the Children, of Sir Charles Stanley."
ORDERED, That the Consideration of this Bill be
committed to these Lords following:
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|
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Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Bolingbrooke.
Comes Clare.
Comes Berks.
Comes Carlile.
Vicecomes Say et Seale. |
Epus. Winton.
Epus. Chichester.
Epus. Ely.
Epus. Chester.
Epus. Carlile.
Epus. Oxon.
Epus. Asaph. |
Ds. Sandis.
Ds. Eure.
Ds. North.
Ds. Chandos.
Ds. Howard de Charlt.
Ds. Bellasis.
Ds. Berkley de Strat.
Ds. Cornwallis. |
Their Lordships, or any Five; to meet To-morrow
in the Afternoon, at Three of the Clock, in
the Prince's Lodgings.
Peers not to be attached by the Court of Chancery.
The Earl of Dorsett reported, "That the Committee
for Privileges have considered of the Matter referred
to them, Whether a Peer of this Kingdom may be
imprisoned by Attachment out of the Court of Chancery; and their Lordships find a Report in the
Journal of this House, made the 10th Day of February, 1628, concerning that Business; which their
Lordships think fit to be confirmed by this House,
leaving out the Proviso therein."
Which Report the House caused to be read, as followeth:
"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, A° 14
Eliz. upon deliberate Advice of all the Judges, and of
the Queen's Learned Counsel, touching the Attachment
of the Lord Cromwell, for his not obeying an Injunction of the Chancery; in which Order it is declared, That it 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 Parliaments since the said Order of 14 Eliz.
whereof One was A° 18 Eliz. and most of them were
in the Time of King James, but none of them before
the said 14° Eliz.; and that they, 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 Trusts, 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, this House ORDERED and
Agreed, That the said Report is confirmed and assented
to, leaving out the Proviso in the said Report.
ORDERED, That the Earl of Denbigh, Earl of Scarsdale, and Vicecomes Fauconberg, be added to the Committee for Privileges.
Peer out of the Realm, Proxy.
ORDERED, That it is referred to the Committee of
Privileges, to consider, Whether a Peer of this Realm,
out of His Majesty's Dominions, not being employed in
His Majesty's Affairs, can give his Proxy in Parliament;
and to report their Opinion to this House.
Foreign Nobility Precedency.
ORDERED, That the Consideration of Foreign Nobility is referred to the Committee of Privileges; who
are to report to this House the whole Case, how they
find Proceedings in the Journals of this House, and any
other Records as they think fit.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem Mercurii, 23um diem instantis Octobris, hora decima Aurora, Dominis sic decernentibus.