DIE Lunæ, 17 die Maii.
Domini tam Spirituales quam Temporales præsentes
|His Royal Highness the Duke of Yorke.
Epus. Cov. et Litch.
Epus. Bath & Wells.
Ds. Finch, Ds. Custos Magni Sigilli.
Ds. Thesaurarius Angliæ.
Ds. Custos Privati Sigilli.
L. Great Chamberlain.
Comes Marescallus Angliæ.
Comes St. Alban.
Vicecomes Say & Seale.
Ds. Arundell of Ward.
Ds. Grey de Wark.
Ds. Howard de Esc.
Ds. Gerard de Brand.
Answer from H. C. about Sherley and Fagg.
The Messengers sent to the House of Commons on
Friday last, with the Message concerning the Business
between Doctor Thomas Shirley and Sir John Fagg, return with this Answer:
That they have delivered their Lordships Message,
with the Warrant, to the House of Commons; who return this Answer, That they will consider of their Lordships Message: As to Return of the Warrant (which
they demanded), they had no Answer from the House
Sir N. Stoughton's Petition, concerning an Order of H. C. to attach him, for prosecuting his Appeal against Onslow.
A Petition of Sir Nicholas Stoughton was read; complaining, "That there is an Order of the House of
Commons issued out, to attach his Person, and so deprive him of his Liberty from following his Appeal
depending in this House against Mr. Onslowe."
Message from H. C. for a Conference, concerning Privilege in the case of Sherley and Fagg.
A Message was brought from the House of Commons,
by Sir Thomas Lea and others; who did, in the Name
of the House of Commons, desire a Conference, touching their Privileges in the Case of Sir John Fagg.
The Answer returned was:
That this House agrees to a Conference; and do appoint the same to be presently, in the Painted Chamber.
|The L. Keeper,
||Were appointed Reporters of this Conference.
|The L. Privy Seal,
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Report of the Conference.
Then the Lord Keeper and the rest of the Reporters
gave the House a Report of the Effect of the late Conference; which was, "To communicate to their Lordships, by Sir Richard Temple (who said he was appointed by the House of Commons to communicate
to you), a Resolve of that House; videlicet, Resolved,
&c. That the Appeal brought by Doctor Shirley, in
the House of Lords, against Sir John Fagg, a Member
of the House of Commons, and the Proceeding thereupon, is a Breach of the undoubted Rights and Privileges of the House of Commons; and therefore the
Commons desire, that there be no further Proceedings in that Cause before their Lordships."
The House took the Matter of this Conference into
Consideration; and, after a serious Debate, made this
Declaration following; (videlicet,)
Lords Declaration concerning Judicature.
"The Lords do order and declare, 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 therein, that there may be no
Failure of Justice in the Land; and from this Right,
and the Exercise thereof, the Lords will not depart."
Message from H. C. concerning their Privilege, in the Cause of Sir N. Stoughton and Onslow.
A Message was brought from the House of Commons,
by Sir Richard Temple and others:
To acquaint their Lordships, that the Commons have
received Information, that there is a Cause upon an
Appeal brought by Sir Nicholas Staughton against Mr.
Onslowe, a Member of the House of Commons, to be
heard at the Bar of their Lordships House on this Day;
and to desire their Lordships to have Regard to the Privileges of the House of Commons.
The Messengers were called in; and had this Answer
returned to their Message:
"That the Lords have considered of their Message;
and do declare, 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
therein, that there may be no Failure of Justice in
the Land; and from this Right, and the Exercise
thereof, the Lords will not depart."
The House, taking the Petition of Sir Nicholas
Staughton into Consideration, made this ensuing Order:
Sir N. Stoughton, Protection depending his Suit.
"Upon reading the Petition of Sir Nicholas Staughton; shewing, That, having an Appeal depending in this House, against Arthur Onslow Esquire, a
Member of the House of Commons, he is in Danger
of being arrested, by an Order of the House of
Commons, for that Appeal; and therefore prayeth
the Protection of this House, that he may have
Liberty to prosecute his said Appeal with Freedom: It is thereupon ORDERED, That the said Sir
Nicholas Staughton, and his Attorney, and such other
Person or Persons as he shall employ in prosecuting
the said Appeal before this House, be, and are hereby, privileged and protected accordingly by this
House, during the depending of the said Appeal before this House; and all Persons whatsoever are
hereby prohibited from arresting, imprisoning, or
otherwise molesting, the said Sir Nicholas Staughton,
or his said Attorney or Agents, upon any Pretence
whatsoever, during the Time aforesaid, as they and
every of them will answer the contrary to this House."
Astry versus Ballard.
Upon reading the Petition of Samuell Astry, Gentleman; complaining of a Decree made in the Court of
Chancery, on the Behalf of John Ballard, concerning
the Manor of Westerleigh, in the County of Gloucester,
demised by Thomas Roberts Esquire to Nicholas Roberts,
and by him leased to the Petitioner, in Trust, for Monies due to the said John Ballard, and for several other
Purposes in the Petition mentioned; as also of a Dismission of his Bill of Review concerning the same, and of
other Matters in the said Petition set forth; and therefore prayeth Relief upon his Appeal:
It is thereupon ORDERED, That the said John Ballard may have a Copy of the said Petition, and is hereby required to put in an Answer thereunto in Writing,
on Saturday the 22th Day of this Instant May, at Ten
of the Clock in the Forenoon.
Ld. Petre, Privilege. Throsher to be brought to the Bar.
Whereas Samuell Throsher is now in the Custody of
the Serjeant at Arms attending this House, for contemptuous Words uttered by him against the Lady Dowager
Petre and the Lord Petre; it appearing, by his humble
Petition read this Day, "That he hath been detained
above Ten Days in the Serjeant's Custody (whereas
the said Serjeant ought to have brought him forthwith to the Bar); and therefore humbly prays, he
may be brought to the Bar, to make his Submission
for his said Offence:"
It is thereupon ORDERED, That the said Serjeant at
Arms do bring the said Samuell Throsher to the Bar on
Wednesday next, at Ten of the Clock in the Forenoon.
Bill to prevent Dangers from disaffected Persons
ORDERED, That on Friday Morning next the House
shall be adjourned into a Committee, to proceed in the
Consideration of the Bill to prevent the Dangers which
may arise from Persons disaffected to the Government.
Heads for securing the Protestant Religion.
ORDERED, That on Saturday next this House will
proceed in the Consideration of Heads for a Bill to secure the Protestant Religion, in a Committee of the
ORDERED, That some of the Judges do attend this
House every Day.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, 18um
diem instantis Maii, hora decima Aurora, Dominis sic