House of Commons Journal Volume 7: 17 March 1657

Tuesday, the 17th of March, 1656.

Privilege.

THE House being informed, that Walter Corbett, of Towers, hath raised Letters of Apprising against the Lord Cockrane, as Cautioner for Sir David Coningham, and charged the said Lord Cockrane, being a Member of Parliament, to appear at Edenburgh the * Day of April next, and see his Lands appraised;

Resolved, That this Proceeding against the Lord Cockrane is a Breach of Privilege of Parliament.

Ordered, That a Letter be written by Mr. Speaker to the Judges in Scotland, to inhibit all further Proceedings against the Lord Cockrane.

Waller's Claims.

A Bill for Settling, Establishing, and Confirming, of certain Lands, Tenements, and Hereditaments, in the County of Lymrick, and County of the City of Limrick, in Ireland, upon Sir Hardres Waller, and his Heirs, was this Day read the Second time; and, upon the Question, committed unto Colonel Carter, Captain Mason, Lord Broghill, Mr. Bampfeild, Sir John Reynolds, Mr. Bond, Mr. Blackwell, Alderman Foote, Colonel Grosvenor, Mr. Godfrey, Major General Whalley, Mr. Dunch, Major Morgan, Mr. Vincent, Sir Thomas Honywood, Colonel Purefoy, Mr. Bisse, Mr. Hampden, Mr. Jenkinson, Mr. Bodurda, Mr. Thelwell, Mr. Lloyd, Mr. Fleetwood, Mr. Margetts, Major Aston, Colonel Cooper, Mr. Waller, Colonel Ingoldsby, Major General Goff: To meet Tomorrow Morning, in the Duchy-Chamber, at Seven of Clock.

Ly. Sterling, &c.

The humble Petition of Mary Countess of Sterling, and John Blunt her Husband, Sir Robert Crock, Knight, and Dame Susan his Wife, Henry Alexander alias Zinzan, and Jacoba his Wife, Grandchildren of Sir Peter Vanlore, the elder, and Daughters and Heirs of Sir Peter Vanlore the younger, deceased, only Son and Heir of Sir Peter the elder, was this Day read.

Ordered, That this Petition be referred to a Committee; viz. to Colonel Ingoldsby, Alderman Foote, Mr. Hampden, Sir Rich. Onsloe, Master of the Rolls, Mr. Baron Parker, Lord Commissioner Whitelock, Sir Francis Norris, Sir John Hobart, Mr. Thomas Gorges, Captain Whitgrave, Mr. Trevor, Mr. Fleetwood, Major General Boteler, Mr. Lucy, Mr. Shapcott, Colonel Wilton, Mr. Dunch, Mr. Fowell, Mr. Mason, Mr. Martyn, Mr. Waller, Mr. Jenkinson, Colonel Wood, Major Morgan, Mr. Hildesley, Mr. Grove, Mr. Owen, Sir John Reynolds, Mr. Rous, Colonel Fitz-James, all the Gentlemen of the Long Robe, Sir Thomas Wroth, Major General Goff, Colonel Grosvenor, Sir Charles Wolsley, Mr. Harvey, Mr. Silliard, Colonel Whetham, Major General Whaley, Lord Strickland, Mr. Bond, Mr. Ash, Major General Berry, Mr. Drake, Mr. Crooke, Mr. Thelwall, Mr. Wolseley, Mr. Bankes, Mr. Trayle, Mr. Throckmorton: To meet Tomorrow Morning, at Seven of Clock in the Inner Court of Wards: With Power to send for Persons, Papers, Witnesses, and Records.

Resolved, That this Committee have Power to examine on Oath: And that Mr. Shirley be added to this Committee.

Private Business.

Resolved, That all private Business be put off until Tuesday Morning next.

Remonstrance.

The House this Day resumed the Debate upon the Remonstrance, according to former Order.

The last Clause of the Eighth Article was read.

Remonstrance.

Resolved, That this Clause shall be Part of the Remonstrance.

Resolved, That these Words, viz. "That the Standing Forces of this Commonwealth shall be disposed of by the chief Magistrate, by Consent of both Houses of Parliament, Sitting the Parliament, and, in the Intervals of Parliament, by the chief Magistrate, by the Advice of the Council;" be Part of this Remonstrance.

The Lord Whitelock reports from the Committee, to whom the Clause touching the judicial Power of the other House was referred, the Resolves of the Committee: Which were now read; and were as followeth:

That they do not proceed in any Civil Causes; except,

1. In Writs of Error.

2. In Cases adjourned from inferior Courts into the Parliament, for Difficulty.

3. In Cases of Petitions against Proceedings in Courts of Equity.

4. In Cases of the Privileges of their own House.

That they do not proceed, in any Criminal Causes whatsoever, against any Person criminally, but upon an Impeachment of the Commons assembled in Parliament, or by their Consent.

That they do not proceed in any Cause, either Civil or Criminal, but according to the known Laws of the Land, and the due Course and Custom of Parliament.

That no final Determinations or Judgments be, by any Members of that House, in any Cause there depending, either Civil or Criminal, as Commissioners or Delegates, to be nominated by that House; but all such final Determinations and Judgments to be by the House itself; any Law or Usage to the contrary notwithstanding.

Whereupon it was

Resolved, by the Parliament, That the other House do not proceed in any Civil Causes, except in Writs of Error; 2. In Cases adjourned from inferior Courts into the Parliament, for Difficulty; In Cases of Petitions against Proceedings in Courts of Equity; and, in Cases of the Privileges of their own House.

The Question being propounded, That they do not proceed, in any Criminal Causes whatsoever, against any Person criminally, but upon an Impeachment of the Commons assembled in Parliament, or by their Consent;

And the Question being put, That the Word "or" do stand in the Question;

It passed with the Negative.

Resolved, That the Word "and" be inserted, instead of the Word "or:" And the Question being so amended, It was

Resolved, That they do not proceed in any Criminal Causes whatsoever, against any Person criminally, but upon an Impeachment of the Commons assembled in Parliament, and by their Consent.

Resolved, That they do not proceed in any Cause, either Civil or Criminal, but according to the known Laws of the Land, and the due Course and Custom of Parliament.

The Question being propounded, That no final Determinations or Judgments be, by any Members of that House, in any Cause there depending, either Civil or Criminal, as Commissioners or Delegates, to be nominated by that House; but all such final Determinations and Judgments to be by the House itself; any Law or Usage to the contrary notwithstanding;

Resolved, That the Words "or Mixed" be inserted in this Question: And the Question, so amended, being put; It was

Resolved, That no final Determinations or Judgments be, by any Members of that House, in any Cause there depending, either Civil, Criminal, or Mixed, as Commissioners or Delegates, to be nominated by that House; but all such final Determinations and Judgments to be by the House itself; any Law or Usage to the contrary notwithstanding.

Resolved, That all these Resolves, thus amended, be Part of the Remonstrance.

Resolved, That this Debate be adjourned till Two of the Clock.

Tuesday, the 17th of March, 1656, Afternoon.

Remonstrance.

THE House, according to former Order, proceeded with the Debate of the Remonstrance.

The Ninth Article was read.

Resolved, That the Preamble of this Article shall stand.

Resolved, That, instead of these Words, "this Nation," in the Preamble, these Words, viz. "these Nations," be inserted.

The next Clause being read;

The Question being put, That the Word "them" do stand next after the Word "revile;"

It passed in the Negative.

And some Alteration being made in this Clause; It was

Resolved, That these Words, viz. "That such as do openly revile them, or their Assemblies, or disturb them in the Worship or Service of God, be Part of the Remonstrance.

Resolved, That the Words "Breach of the Peace" do stand in this Clause.

The Question being put, That the Word "and" do stand in this Clause;

The House was divided.

The Yeas went forth.

So it passed in the Negative.

Resolved, That the Word "or" be inserted, instead of the Word "and."

And that Clause, being so amended, was, upon the Question, agreed.

The next Clause being read;

The Question being put, That the Word "or" do stand in this Clause;

It passed in the Negative.

Resolved, That the Word "and" be inserted, instead thereof.

And the Clause, so amended, being put to the Question, was agreed; and ordered to be Part of the Remonstrance.

The Tenth Article was read.

Resolved, That this Debate be adjourned till Tomorrow Morning, Eight of the Clock; and nothing to intervene.