DIE Mercurii, 15 die Maii.
Domini tam Spirituales quam Temporales præsentes
Archb. de Yorke.
Epus. St. Asaph.
|Marq. de Halyfax, C. P. S.
Dux Norff. Comes Marescallus.
Comes (fn. *)
Ds. Grey de Ruthin.
Ds. Willoughby P.
Ds. Howard de Essigham.
M. de Halyfax Speaker pro Tempore.
vice lecta est Billa, "An Act to enable
Theodore Bathurst to make a Jointure for his Wife,
and to raise Daughters and Younger Sons Portions,
and Payment of his Debts, on Part of his Estate in
Message to H. C. for a Conference on the Commissioners of the Great Seal Bill; and that they agree to Coventry House Bill.
A Message was sent to the House of Commons, by Sir
Miles Cooke and Mr. Meredith:
To desire a present Conference, in the Painted
Chamber, touching the Amendments sent up by the
Commons, in the Bill for enabling the Commissioners of
the Great Seal to execute the Office of the Lord Chancellor or Lord Keeper.
2. To let the Commons know, that this House hath
passed the Bill concerning the Message at Piccadilly.
The Lord Cornwallis reported the Reasons to be
offered at the Conference, why this House do not agree
to some of their Amendments in the Bill concerning
the Commissioners of the Great Seal.
Which were Agreed to.
Answer from H. C.
The Messengers returned with this Answer:
That the Commons will give a present Conference, as
The Commons being ready for the Conference, this
House was adjourned during Pleasure; and the Lords
and the Managers of the Conference went into the
Judgement against the E. of Devon reversed.
Upon Report from the Lords Committees for Privileges; who were of Opinion, "That the Proceedings
against the Earl of Devon in the Court of King's
Bench, in Easter Terme, in the Third Year of King
James the Second, upon an Information for an Assault
upon Mr. Culpeper, wherein his Lordship's Plea of
Privilege of Parliament was over-ruled, and he was
fined Thirty Thousand Pounds, and thereupon committed to The King's Bench in Execution, were great
Violations of the Privileges of the Peers of this
After hearing the Record of the Court of King's
Bench, wherein the Judgement against the Earl of
Devon is entered, read, and also Sir Robert Wright, Sir
Richard Holloway, and Mr. Justice Powell, (who gave
the Judgement against the said Earl of Devon) what
they could say for themselves to justify their Proceedings; and Notice having been given to the King's
Counsel, to the End that they might attend if they
had any Thing to offer, whether a Peer of this Realm
might by Law be committed in Execution for a Fine,
the said Counsel did accordingly give their Attendance,
(after a Week's Notice) but did offer nothing therein:
After full Consideration had of the several Cases and
Precedents wherein the Privileges of the Peers have been
concerned; the Lords Spiritual and Temporal in Parliament assembled do declare and adjudge, That the
Court of King's Bench, in over-ruling the Earl of
Devon's Plea of Privilege of Parliament, and forcing
him to plead over in Chief, it being within the usual
Time of Privilege, did thereby commit a manifest Breach
of the Privilege of Parliament; and that the Fine of
Thirty Thousand Pounds imposed by the Court of
King's Bench upon the Earl of Devon was excessive and
exorbitant, against Magna Charta, the Common Right
of the Subject, and the Law of the Land; and that no
Peer of this Realm at any Time ought to be committed
for the Non-payment of a Fine to the King.
Upon reading the Petition of James Percy:
It is ORDERED, That it be, and is hereby, referred
to the Lords Committees for Privileges, to consider
thereof, and of the several Reflections in it, and what
is fit to be done to prevent Disturbance by the said James
Percy, who hath so often troubled the House in this
Matter; and to report to the House.
Marq. de Halyfax, Orator Procerum pro Tempore,
declaravit præsens Parliamentum continuandum esse usque
in diem Jovis, videlicet, 16um diem instantis Maii, hora
decima Aurora, Dominis sic decernentibus.