House of Lords Journal Volume 12: 14 May 1675

DIE Veneris, 14 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Answer from H. C.

Mr. Attorney General and Sir Andrew Hacket return Answer:

That they have delivered the Bill for Prevention of Frauds and Perjuries to the House of Commons.

Taylor, for Blasphemy, sent to Bedlam.

Whereas John Taylor was this Day brought to the Bar, by the Serjeant at Arms attending this House, for Blasphemous Words uttered by him, and there owned the said Words (being read), which were taken by the Mayor of Guildford, in the County of Surrey, upon his Examination of the said John Taylor:

It is thereupon ORDERED, That the Master or Keeper of the Hospital of Bedlam, alias Bethlem, be, and is hereby, required to receive and keep in safe Custody the Body of the said John Taylor, and take Care that the said John Taylor be kept there with Bread and Water, and such due Bodily Correction as may conduce to his Recovery from the Madness wherewith at present he seems to be possessed: And if the said John Taylor shall not prove to be mad, but persist in the said Blasphemies, it is further ORDERED, That the said Keeper of Bedlam, alias Bethlem, do cause the said John Taylor to be delivered to be proceeded against according to the Law in that Case made and provided: And this shall be a sufficient Warrant on that Behalf.

To the Master or Keeper of the Hospital of Bedlam, alias Bethlem, his Deputy and Deputies, and Under Officers who may be concerned herein.

Whereas John Taylor was this Day brought to the Bar, by the Serjeant at Arms attending this House, for Blasphemous Words uttered by him, and there owned the said Words (being read unto him), which were taken by the Mayor of Guildford, in the County of Surrey, upon his Examination of the said John Taylor:

It is thereupon ORDERED, That the said Serjeant at Arms, or his Deputy, shall forthwith deliver the Body of the said John Taylor into the Custody of the Master or Keeper of the Hospital of Bedlam, alias Bethlem, to be there kept according to the Directions of an Order of this House of the same Date herewith: And this shall be a sufficient Warrant on that Behalf.

To the Serjeant at Arms attending this House, his Deputy and Deputies.

Bill to prevent Dangers from disaffected Persons.

The House was adjourned into a Committee, and proceeded in the Consideration of the Bill to prevent the Dangers which may arise from Persons disaffected to the Government; and while the Committee were in Debate, the Lord Mohun said, "He had a Business of Importance to communicate to the House."

Whereupon the House was resumed.

Sherley arrested by a Warrant from the Speaker of H. C. for prosecuting his Appeal against Sir J. Fagg.

And the Lord Mohun acquainted the House, "That, going out of this House into the Lobby, Dr. Thomas Sherley, calling to his Lordship, told him, That a Messenger of the House of Commons had arrested him, by virtue of a Warrant under the Speaker's Hand, dated the 14th of this Instant May; and told him, he would not leave him, but follow him until he submitted himself: Upon this, the Messenger came to the Lord Mohun, and delivered him the Warrant; who having read it, the Officer would have snatched it out of his Hand; but his Lordship told him, he would carry it where another Use should be made of it."

And his Lordship presented the said Paper to this House; which was read, as followeth; (videlicet,)

The Warrant.

"By virtue of an Order, made the 12th Day of May, 1675, by the Honourable the House of Commons assembled in Parliament, these are to require and authorize you forthwith to apprehend Dr. Thomas Shirley, and bring (fn. 1) before the said House, to answer his Breach of Privilege, in prosecuting a Suit, by Petition of Appeal, in the Lords House, against Sir John Fagg, a Member of this House: And for so doing, this shall be your Warrant.

"Given under my Hand, on Friday the 14th Day of May, in the Seven and Twentieth Year of the Reign of our Sovereign Lord King Charles the Second, &c. Annoque Domini 1675.

"Edw. Seymour, Speaker.

"To Sir James Northfolk Knight, One of His Majesty's Serjeants at Arms in Ordinary now attending the Honourable House of Commons, his Deputy or Deputies."

The House took this Matter into Consideration, as being a Violation of their Privileges.

And, after some Debate, a Question was propounded:

Dr. Sherley & al. called in.

"Whether Dr. Thomas Shirley shall be now called in?"

The Question being put, "Whether this Question shall be put?"

It was Resolved in the Affirmative.

Then the Question being put, "Whether Dr. Thomas Shirley shall be now called in?"

It was Resolved in the Affirmative.

Upon this, Dr. Thomas Shirley, Patrick Porter, and Richard Clayton, were examined, upon Oath, at the Bar, concerning this Business.

After a further Debate, it is ORDERED, That this Message should be sent to the House of Commons; videlicet,

Message to H. C. with the Speaker's Warrant.

"That the Lords Spiritual and Temporal in Parliament assembled, having received a Warrant brought before them, for the apprehending Dr. Thomas Shirley, signed "Edw. Seymor, Speaker," which they have herewith sent to be shewed to the House of Commons, do desire to know from that House, whether it be a Warrant ordered by that House, or no?"

This Message was sent by Sir Mundiford Brampston and Sir William Glascocke; who are to let the House of Commons know, "That they are appointed to return with the Original Warrant."

Message from H. C. to complain against L. Mohun; for taking the Warrant from their Messenger.

A Message was brought from the House of Commons, by the Earl of Ancram and others, to this Effect:

"My Lords,

"I am commanded, by the Knights, Citizens, and Burgesses of the House of Commons, to complain to your Lordships of the Lord Mohun, for forcibly taking, and detaining, from the Deputy Serjeant of this House, the Warrant of this House, for the apprehen ding of Dr. Thomas Shirley; and demand the Justice of your Lordships against the Lord Mohun."

Answer.

ORDERED, That this Answer be returned to this Message brought from the House of Commons: "That this House hath considered of the Message, and the Matter therein complained of; and do find that the Lord Mohun hath done nothing herein but what was according to his Duty."

Protest against it.

Dissentientibus,

"Anglesey. Albemarle."

The Messengers were called in; and the Lord Keeper gave them the Answer abovesaid.

Sherley protected.

Whereas Thomas Sherley Esquire, His Majesty's Physician in Ordinary, hath a Cause depending in this House, by Way of Appeal, against Sir John Fagg, a Member of the House of Commons, and, by the Law and Course of Parliament, ought to have Privilege and Freedom from Arrest:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Sherley be, and he is hereby, privileged and protected accordingly, by the Authority of this House, during the Depending of his said Cause in this House; and all Persons whatsoever are hereby prohibited from arresting or otherwise molesting the said Thomas Sherley upon any Pretence whatsoever, as they and every of them will answer the contrary to this House.

Jenkins, &c. versus Blake & al.

ORDERED, That this House will hear Counsel at the Bar, upon the Petition and Appeal of John Jenkins and Margaret his Wife, and others, Plaintiffs, and the Answer of Francis Blake and Elizabeth his Wife, and others, Defendants, depending in this House, on Friday the 21th Day of this Instant May, at Three of the Clock in the Afternoon; whereof the Petitioners are to cause timely Notice to be given to the said Defendants, or their Agent in the said Cause, for that Purpose.

Cusack versus L. Dungannon.

Whereas, by an Order of the 15th of April last, the Lord Dungannon, of the Kingdom of Ireland, is appointed to put in an Answer to the Petition of John Cusack Gentleman, depending in this House:

Order amended.

It appearing that the said Lord Dungannon is an Infant, it is ORDERED, That, after the Name of the Lord Dungannon, these Words ["being an Infant, by his Guardian"] be inserted into the said Order of the 15th of April last, in order to the more effectual Execution of the same.

Lords of the Admiralty Privilege versus Harrison, Coroner of Middlesex.

Whereas Tymothy Harrison, One of His Majesty's Coroners for the County of Midd. was appointed to appear at the Bar of this House, for invading the Privilege of the Lords in whom the Office of Admiral of England now is:

Upon reading the Petition of the said Tymothy Harrison this Day, wherein the Matter of Fact complained of is set forth, it is thereupon ORDERED, That it be, and is hereby, referred to the Lords Committees for Privileges, to examine how far the Privileges of the said Lords in whom the Office of Admiral of England is are concerned in the said Complaint, and Matter of Fact alledged in the said Petition; and make Report unto the House.

Causes adjourned.

ORDERED, That such Causes as were appointed to be heard on Monday next be, and are hereby, put off to Thursday next, being the 20th Instant, at Three of the Clock in the Afternoon; whereof all the Parties concerned are hereby to take Notice, and attend with their Counsel accordingly.

Bill to prevent Dangers from disaffected Persons.

It is ORDERED, That the House shall be adjourned into a Committee on Monday Morning next, to proceed in the Consideration of the Bill to prevent the Dangers which may arise from Persons disaffected to the Government; and to be the First Business.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 15^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.