House of Lords Journal Volume 12: 17 May 1675

DIE Lunæ, 17 die Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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 of Commons.

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:

Answer.

That this House agrees to a Conference; and do appoint the same to be presently, in the Painted Chamber.

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.

Answer.

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 whole House.

ORDERED, That some of the Judges do attend this House every Day.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, 18^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.