DIE Jovis, 6 die Maii.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| His Royal Highness the Duke of Yorke. |
Arch. Eborac.
Epus. Durham.
Epus. Winton.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Rochester.
Epus. Ely.
Epus. Cov. et Litch.
Epus. Bristol.
Epus. Gloucester.
Epus. Bath et Wells.
Epus. Chester.
Epus. Bangor.
Epus. Oxon.
Epus. Chichester.
Epus. Landaff. |
Dux Cumberland.
Ds. Finch, Ds. Custos Magni Sigilli.
Ds. Thesaurarius Angliæ.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
Marq. Dorchester.
L. Great Chamberlain.
Comes Marescallus Angliæ.
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 Rivers.
Comes Dover.
Comes Petriburgh.
Comes Winchilsea.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes St. Alban.
Comes Clarendon.
Comes Bath.
Comes Craven.
Comes Ailesbury.
Comes Burlington.
Comes Shaftsbury.
Comes Powis.
Comes Guildford.
Comes Midd.
Vicecomes Mountagu.
Vicecomes Say & Seale.
Vicecomes Conway.
Vicecomes Stafford.
Vicecomes Mordant.
Vicecomes Halyfax.
Vicecomes Yarmouth.
Vicecomes Newport. |
Ds. Berkeley.
Ds. Stourton.
Ds. Windsor.
Ds. Wharton.
Ds. Pagit.
Ds. Arundell de Ward.
Ds. Tenham.
Ds. Grey de Wark.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Carington.
Ds. Widdrington.
Ds. Colepeper.
Ds. Lucas.
Ds. Gerard de Brand.
Ds. Langdale.
Ds. Berkeley Strat.
Ds. Delamer.
Ds. Frechevile.
Ds. Arundell Trer.
Ds. Duras.
Ds. Grey de Roleston. |
PRAYERS.
Sherley versus Sir J. Fagg. Report concerning Privilege of Members of H. C. in Appeals to this House.
The Earl of Berks reported, "That the Committee
of Privileges having met, and considered of what was
referred to them in the Case between Thomas Sherley
Esquire and Sir John Fagg a Member of the House
of Commons, and the Message from the House of
Commons thereupon, have ordered to report, That
the Committee have found that the House did refer
the Business of Mr. Hale and Mr. Slingsby, upon a
like Message from the House of Commons, to the
Committee of Privileges; who did report to the
House, That it is the undoubted Right of the Lords,
in Judicature, to receive and determine, in Time of
Parliament, Appeals from Inferior Courts, though a
Member of either House be concerned, that there
may be no Failure of Justice in the Land; and the
House did agree with the Committee therein. And
thereupon the Committee do humbly offer to their
Lordships, upon this Occasion, to take the same
Course, and to insist upon their just Rights in this
Particular; which their Lordships will be pleased to
signify to the House of Commons in such Manner as
they shall think fit."
The House agreed with the Committee in this Declaration; and ordered the same to be entered into the
Journal Book of this House, as their Declaration;
videlicet,
Declaration concerning Judicature.
"That it is the undoubted Right of the Lords, in
Judicature, to receive and determine, in Time of
Parliament, Appeals from Inferior Courts, though a
Member of either House be concerned, that there
may be no Failure of Justice in the Land."
Then it was moved, "That the former Answer
sent to the House of Commons, in the Case between
Mr. (fn. *)
Slyngsby and Mr. Hales, might be given now
to the House of Commons, in this Case of Sir John
Fagg; and that the Declaration reported and agreed
to this Day might be added to it."
The Declaration aforesaid was read.
And the Question being put, "Whether this shall
be as a Part of the Answer to be given to
the House of Commons?"
It was Resolved in the Negative.
The Answer returned formerly to the House of Commons, in the Case between Mr. Slyngsby and Mr. Hales,
was in these Words, "That the House of Commons
need not doubt but that their Lordships will have a
Regard to the Privileges of the House of Commons
as they have of their own."
Answer to H. C. concerning their Message about Sherley's Appeal versus Sir J. Fagg.
The Question being put, "Whether this Answer
shall be now returned to the Message from
the House of Commons?"
It was Resolved in the Affirmative.
Memorandum, That, before the putting of the
aforesaid Question, these Lords following desired Leave to enter their Dissents, if the Question was carried in the Affirmative; and accordingly they do enter their Dissents:
Protest against it.
"Because the Answer voted to be sent to the House
of Commons, being the same that was sent down
formerly in the Case of Hale and Slyngsby, hath, as
we with all Humility do apprehend, been already
mistaken by them, as a Condescension of this House
to forbear proceeding in Judicature, in Affairs of this
Nature; and appears to us very liable to so great a
Misconstruction, that it may seem in some Measure to
acknowledge that the House of Commons have a
Claim to some Privilege in Judicature; which is
a Thing that we conceive belongs solely to this
House:
"Bedford.
J. Bridgewater.
Dorsett.
Basill Denbigh.
Bristol.
Howard E. of Bercks.
Shaftesbury.
Newport.
T. Culpeper."
Bill to prevent Dangers from disaffected Persons.
ORDERED, That To-morrow Morning this House
shall be adjourned into a Committee, to proceed further in the Consideration of the Bill to prevent the
Dangers which may arise from Persons disaffected to
the Government.
ORDERED, That the Committee concerning Mr.
Cotton's Bill do meet on Saturday Morning next, at Nine
of the Clock.
E. of Strafford versus Eyres, for Scandal.
Whereas William Eyres (according to Summons) appeared this Day at the Bar, and owned the Book, or
Case, intituled, The Case of William Eyres Esquire
(complained of by the Earl of Strafford); and said,
"That he would justify the Contents thereof:"
It is ORDERED, That the said Case shall be read in
this House on Tuesday the 11th Day of this Instant May,
at Ten of the Clock in the Forenoon.
Message from H. C. with a Bill.
A Message was brought from the House of Commons,
by Sir Thomas Lea and others; who brought up a Bill,
intituled, "An Act to prevent illegal Imprisonment of
the Subject."
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris,
7um diem instantis Maii, hora decima Aurora, Dominis
sic decernentibus.