House of Lords Journal Volume 12
21 April 1675

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 12: 21 April 1675', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 664-665. URL: http://www.british-history.ac.uk/report.aspx?compid=12894 Date accessed: 01 August 2014.


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DIE Mercurii, 21 die Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of York.
Arch. Cant.
Arch. Eborac.
Epus. Durham.
Epus. Winton.
Epus. Sarum.
Epus. Petriburgh.
Epus. Rochester.
Epus. Exon.
Epus. Cov. et Litch.
Epus. Bristoll.
Epus. Gloucester.
Epus. Bath et Wells.
Epus. Chester.
Epus. Oxon.
Epus. Ely.
Epus. Chichester.
Epus. Landaff.
Dux Cumberland.
Ds. Custos Magni Sigilli.
Ds. Thesaurarius Angliæ.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
Marq. Dorchester.
L. Great Chamberlain.
L. Steward.
L. Chamberlain.
Comes Oxon.
Comes Bedford.
Comes Suff.
Comes Dorset.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Devon.
Comes Denbigh.
Comes Bristol.
Comes Bollingbrooke.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Dover.
Comes Petriburgh.
Comes Stamford.
Comes Winchilsea.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes St. Albans.
Comes Clarendon.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylisbury.
Comes Burlington.
Comes Shaftsbury.
Comes Powis.
Comes Gvildford.
Comes Midd.
Vicecomes Say & Seale.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Mordant.
Vicecomes Hallyfax.
Vicecomes Yarmouth.
Vicecomes Newport.
Ds. Awdley.
Ds. Berkeley.
Ds. Stourton.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. Norreys.
Ds. Petre.
Ds. Arundell de W.
Ds. Tenham.
Ds. Grey de Wark.
Ds. Maynard.
Ds. Mohun.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Carrington.
Ds. Widdrington.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brand.
Ds. Wootton.
Ds. Langdale.
Ds. Berkeley Str.
Ds. Holles.
Ds. Delamer.
Ds. Townsend.
Ds. Fretchvile.
Ds. Arundell de Trer.
Ds. Butler de M. Park.
Ds. Duras.
Ds. (fn. *) Grey de Rolleston.

PRAYERS.

Bill to explain the one concerning Popish Recusants.

Hodie 2a vice lecta est Billa, "An Act for Explanation of an Act for preventing Dangers which may happen from Popish Recusants."

ORDERED, That the Consideration of this Bill, and what was offered to the House upon the Debate, is committed to these Lords following:

L. Privy Seal.
Marq. Winton.
L. Steward.
Comes Bridgwater.
Comes North'ton.
Comes Bollingbrook.
Comes Berks.
Comes Dover.
Comes Petriburgh.
Comes Craven.
Comes Shaftsbury.
Comes Clarendon.
Comes Guildford.
Vicecomes Yarmouth.
Arch. of Yorke.
Epus. Winton.
Epus. Sarum.
Epus. Petriburgh.
Epus. Bath.
Epus. Chester.
Epus. Ely.
Epus. Oxon.
Ds. Awdley.
Ds. Windsor.
Ds. Paget.
Ds. Norreys.
Ds. Grey de War.
Ds. Mohun.
Ds. Byron.
Ds. Vaughan.
Ds. Widdrington.
Ds. Gerard de Brand.
Ds. Wootton.
Ds. Langdale.
Ds. Arundell de Trer.
Ds. Grey de Rolleston.

Their Lordships, or any Five of them; to meet on Friday Morning next, at Nine of the Clock, in the Prince's Lodgings; and to adjourn themselves from Time to Time, as they please.

Bill to prevent Dangers from disaffected Persons.

The House resumed the Debate which was Yesterday, concerning the Bill to prevent the Dangers which may arise from Persons disaffected to the Government.

After a long Debate;

The Question being put, "Whether this House shall now be adjourned till To-morrow Morning, at Ten of the Clock?"

It was Resolved in the Negative.

Then, for the further Debate of this Bill, the House agreed to have the House put into a Committee; and accordingly the House was adjourned into a Committee during Pleasure.

The House being resumed;

The Question being put, "Whether this Bill does so far intrench upon the Privileges of this House, as it ought therefore to be cast out?"

It was Resolved in the Negative.

Memorandum, That, before the putting of the abovesaid Question, these Lords following desired Leave to enter their Dissents, if the Question was carried in the Negative; and accordingly did enter their Dissents, as followeth:

Protest against not rejecting it.

"We whose Names are underwritten, being Peers of this Realm, do, according to our Rights, and the ancient Usage of Parliaments, declare, That the Question having been put, Whether the Bill (intituled, "An Act to prevent the Dangers which may arise from Persons disaffected to the Government)" doth so far intrench upon the Privileges of this House, that it ought therefore to be cast out; it being Resolved in the Negative; we do humbly conceive, That any Bill which imposeth an Oath upon the Peers with a Penalty, as this doth, that, upon the Refusal of that Oath, they shall be made uncapable of sitting and voting in this House, as it is a Thing unprecedented in former Times, so is it, in our humble Opinion, the highest Invasion of the Liberties and Privileges of the Peerage that possibly may be, and most destructive of the Freedom which they ought to enjoy as Members of Parliament, because the Privilege of sitting and voting in Parliament is an Honour they have by Birth, and a Right so inherent in them, and inseparable from them, as that nothing can take it away, but what by the Law of the Land must withal take away their Lives, and corrupt their Blood; upon which Ground, we do here enter our Dissent from that Vote, and our Protestation against it:

"Buckingham.
Bedford.
Winchester.
Salisbury.
Dorsett.
J. Bridgewater.
Basill Denbigh.
Bristol.
Shaftesbury.
Howard E. of Bercks.
Ailesbury.
Mohun.
Say & Seall.
Will. Pagett.
Stamford.
P. Wharton.
Clarendon.
Halifax.
Grey de Rolleston.
Delamer.
Holles.
Will. Peter.
Ro. Eure."

ORDERED, That the Business of this Bill shall be taken again into Consideration on Friday Morning next, at Ten of the Clock.

Hallet versus Kendall.

Whereas this House had appointed to proceed in hearing Counsel at the Bar, on Friday the 23th Instant, in the Cause upon the Appeal of Mary Hallet Widow, to which Thomas Kendall and Mary his Wife are Defendants:

It is this Day ORDERED, That the said Hearing be, and is hereby, put off to Monday the 26th Day of this Instant April, at Ten of the Clock in the Forenoon; whereof both Parties are to take Notice, and attend with their Counsel accordingly.

Jenkins et al. versus Blake et al. Protection depending the Suit.

Upon reading the Petition of John Jenkins Esquire and Margaret his Wife, Jane Pringle, and Bryan Grey and Elizabeth his Wife; shewing, "That, since their Appeal brought into this House, Francis Blake and Elizabeth his Wife, and others, Defendants to the said Appeal, do prosecute the Decree complained of; and therefore pray a Stay of Proceedings thereupon, till the Matters complained of be examined in this House:"

It is ORDERED, That the said John Jenkins and the other Petitioners in the said Appeal be, and are hereby, protected in their Persons, coming, staying, and going, from the Prosecution of any Contempt against them in the Court of Chancery during the Continuance of the said Appeal before this House.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 23um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.

Footnotes

* Deest in Originali.