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House of Commons Journal Volume 9: 28 May 1675

Pages 346-347

Journal of the House of Commons: Volume 9, 1667-1687. Originally published by His Majesty's Stationery Office, London, 1802.

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Page 346
Page 347

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Veneris, 28 die Maii, 1675.

Prayers.

Cotton's Estate.

A BILL, sent from the Lords, intituled, An Act to enable Charles Cotton Esquire to sell Lands for Payment of Debts, and raising Portions for younger Children.

Resolved, &c. That this Bill be read a Second time.

Affidavits.

A Bill brought in, in pursuance of an Order of this House, for taking Affidavits in the Country, was read.

Resolved, &c. That this Bill be read a Second time.

Privilege-Lords Jurisdiction in the Case of Mr. Onslowe.

Sir Thomas Lee reports from the Lords, That he had attended and delivered the Message of this House, to remind the Lords of a Message sent to them by this House, concerning the Privileges of this House, contained in an Answer of theirs, in the Case of Mr. Onslowe; and that the Lords had returned Answer to this Effect; viz.

That the Lords did not agree to a Conference, on the Message of the 21th Instant; because it was desired upon the Answer sent by the Lords, in the Case of Mr. Onslowe, on the Seventeenth Instant; where the whole Matter concerns the Judicature of the Lords, on which they can admit no Debate, nor grant any Conference: But this present Message being for a Conference concerning the Privileges of their House, the Lords have agreed to a Conference as on this Day, at Ten of the Clock in the Forenoon, in the Painted Chamber; always provided, that nothing be offered at the Conference that may any ways concern their Lordships Judicature.

And the Matter of the Answer being debated;

Resolved, &c. That by the Lords Answer there is no Grant of a Conference upon the Matter, as it was desired by this House, in their last Message, in the Case of Mr. Onslow.

Resolved, &c. That a Conference be desired with the Lords, upon the Subject Matter of their Answer to the last Message of this House, in the Case of Mr. Onslowe.

Ordered, That these Members following do withdraw, and prepare Reasons, to be offered at the Conference; viz. Mr. Sawyer, Mr. Vaughan, Mr. Sachaverell, Mr. Swinfen, Sir Wm. Coventry, Sir Charles Wheeler, Mr. Powle, Sir Robert Howard, Mr. Serjeant Maynard, Sir Tho. Lee, Sir Robert Carr, Sir Tho. Meeres, Sir Leoline Jenkins, Sir John Birkenhead, Sir Tho. Littleton, Col. Birch, Mr. Serjeant Jones.

Papists not to sit in Parliament.

Ordered, That Sir Trever Williams, Mr. James, Mr. Weld, Mr. Stockdale, Mr. Eveling, Lord Cavendish, Mr. Russell, Sir Fra. Rolls, Sir Edw. Hungerford, Sir Kingsmill Lucy, Sir Samuell Bernardiston, Sir Wm. Franckland, and all the Members that serve for the Counties of Cornwall, Devon, Yorke, Wilts, Southampton, and Surry, be added to the Committee to whom the Bill for hindering Papists to sit in either House of Parliament, stands committed.

Sir J. Prettiman.

Ordered, That Sir Wm. Bassett, Mr. Hungerford, Sir Richard Wiseman, Major Clarke, Mr. Collingwood, be added to the Committee to whom the Petitions concerning Sir John Prettiman stands committed.

Haslemore Writ.

Ordered, That Mr. Speaker do issue out his Warrant to the Clerk of the Crown, to make out a new Writ for the Election of a Member to serve as a Burgess for the Borough of Haslemore in the County of Surry, in the room of Thomas Morris Esquire, lately deceased.

Defaulters to Call of the House.

Ordered, That these Members following be struck out of the List of Defaulters; viz. Sir Tho. Doleman, Sir Cha. Wheeler, Mr. Bennet, Sir John Brampston, Sir Tho. Byde, Mr. Harbord.

Privilege-Lords Jurisdiction in the Case of Mr. Onslowe.

The House then resumed the Debate of that Part of the Lords Answer to the Message of this House, in the Case of Mr. Onslowe, which relates to Appeals from Inferior Courts.

The Question being put, That the further Debate of this Matter be adjourned;

The House divided.

The Yeas go forth;

Tellers, Sir Wm. Bassett, for the Yeas, 116.
Colonel Birch,
Tellers, Sir Wm. Hickman, for the Noes, 124.
Sir Eliab Harvey,

And so it passed in the Negative.

Resolved, &c. That there lies no Appeal to the Judicature of the Lords in Parliament, from Courts of Equity.

Resolved, &c. That no Member of this House do prosecute any Appeal from any Court of Equity, before the House of Lords.

Court of Chancery.

Resolved, &c. That the House will on Thursday Morning next, at Ten of the Clock, take into Consideration the Increase of the Jurisdiction of the Court of Chancery, and the Remedies against unjust Decrees there made.

Duke of Lauderdale.

Resolved, That the adjourned Debate, touching his Majesty's Answer to the Address of this House, concerning the Duke of Lauderdale, be taken up on Monday Morning next, at Ten of the Clock.

Privilege-Lords Jurisdiction in the Case of Mr. Onslowe.

Sir Thomas Lee reports from the Committee to whom it was referred to draw up Reasons to be offered at a Conference to be had with the Lords, upon the Subject Matter of their Answer to the last Message of this House, in the Case of Mr. Onslowe, several Reasons agreed by the said Committee; which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being twice read, were, upon the Question, severally agreed unto, and are as followeth; viz.

For that the Commons desired a Conference upon their Privileges concerned by the Lords Answer to a Message, sent to the Lords the Eighteenth of May, in the Case of Mr. Onslowe; their Lordships have not agreed any Conference in the Case of Mr. Onslowe; but have only agreed a Conference concerning their Privileges in general, without Reference to the Case of the said Mr. Onslowe; which was the only Subject Matter of the desired Conference.

The Limitation in the Lords Agreement to a Conference, with Proviso, that nothing be offered at the Conference, that may any way concern their Lordships Judicature, is in Effect a Denial of any Conference at all, upon the Subject on which it was desired; which ought not to be, the Judicature which their Lordships claim in Appeals against a Member of this House of Commons, and the Privilege of that House being in that Case so involved, that there can be no Conference upon the latter, without some way touching upon the former.

That this Manner of agreeing to a Conference with any Limitation or Proviso, is against the Course of Proceedings betwixt the Two Houses of Parliament, in coming to Conference; and doth seem to place a Power in the Managers of such Conferences, to judge, whether such Provisoes be broken, or not; and accordingly to proceed or break off the Conference upon their own Judgments.

And then the House adjourned till Monday Morning, Eight of the Clock.