House of Lords Journal Volume 4: 15 December 1641

DIE Mercurii, 15 die Decembris.

PRAYERS.

E. of Cumberland's Bill.

The Earl of Bath reported the Bill of the Earl of Cumb as fit to pass as it is: Hereupon it is Ordered (fn. 1) it shall be ingrossed.

The Lord Archbishop of Yorke reported from the select Committee of both Houses concerning (fn. 2) the Privileges of Parliament, these Particulars: videlicet,

Report from the Committee concerning the Infringement of the Privileges of both Houses.

"1. That it is the Opinion of the Committee of both Houses, That the Privileges of Parliament were broken by His Majesty's taking Notice of the Bill for pressing, being in Agitation in both Houses, and not agreed on.

"2. That His Majesty was pleased to propound a Limitation and Provisional Clause to be added to the Bill before it was presented unto Him by the Consent of both Houses.

"3. That His Majesty did express His Displeasure against some Persons, for Matters moved in the Parliament during the Debate and Preparation of that Bill.

"The Committees think it fit, that these Three Particulars be voted in both Houses as (fn. 3) Breaches of the Privileges of Parliament; and also that a Declaratory Protestation be entered in both Houses, for the Claim of those Liberties; and this to be drawn up by the Committees.

"Likewise the Committees think it fit, That a Petitionary Remonstrance be presented to His Majesty from both Houses, declaring the Right of Parliament to those Privileges, and the Particulars wherein they have been broken; with an humble Desire, that the like may not be done hereafter; and that His Majesty will be pleased to discover the Parties by whose Misinformation and evil Counsel His Majesty was induced to this Breach of Privilege, that so they may receive condign Punishment for the same; and that His Majesty be further desired to take no Notice of any Man's particular Speeches or Carriage concerning any Matter debated or treated in Parliament. A Form whereof is to be drawn and presented to the Committee To-morrow Morning at Nine of the Clock. And that the Committees have appointed the Lord Archbishop of Yorke, the Lord Roberts, Sir Henry Vane, Knight, Senior, Mr. Hollis, Mr. Browne, and Mr. Pyme, to draw up the same accordingly."

Votes concerning the Privileges.

This Report being made, and taken into Consideration, it is Resolved, upon the Question, nemine contradicente,

That the Privileges of Parliament were broken, by His Majesty's taking Notice of the Bill for Pressing, being in Agitation in both Houses and not agreed on.

Resolved upon the Question, nemine contradicente,

That His Majesty, in propounding a Limitation and Provisional Clause to be added to the Bill before it was presented unto Him by the Consent of both Houses, was a Breach of the Privileges of Parliament.

Resolved, upon the Question, nemine contradicente,

That His Majesty expressing His Displeasure against some Persons for Matters moved in the Parliament, during the Debate and Preparation of that Bill, was a Breach of the Privilege of Parliament.

And afterwards it is Ordered, and agreed, That the Lord Archbishop of Yorke, and the Lord Roberts, shall meet with the Committee of the House of Commons, to draw up the Form of the Protestation and of the Petitionary Remonstrance, and present the same to this House.

Next, the Petition of the Lord Pierpointc was read.

"To the most Honourable the Lords of the High Court of Parliament.

"The humble Petition of Henry Lord Pierpointc, Humbly Sheweth,

Ld. Pierpoint upon his Petition discharged.

"That whereas your Petitioner, in Heat of Debate, let fall some unfitting Words, which offended this Honourable House, and drew upon him this Imprisonment;

"Your Petitioner, humbly confessing the Justice of his Restraint, beseecheth your Lordships to pardon and pass over this his Offence.

"And he shall ever acknowledge Your Lordships noble Favour herein.

"H. Pierpoint."

Hereupon it was Resolved, upon the Question, That the Lord Pierpont shall be delivered out of his Restraint this Night.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 16 diem instantis Decembris, hora 1^a post meridiem, Dominis sic decernentibus.