House of Lords Journal Volume 12: 3 May 1675

DIE Lunæ, 3 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bill to prevent Dangers from disaffected Persons.

The House was 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.

The House being resumed;

Order to preserve Freedom of Debate.

The Lord Privy Seal reported, "That the Committee have proceeded in the further Debate of that Bill, and have framed another preliminary Order, which they offer to the Consideration of the House."

Which said Order was read, as followeth:

"That there shall be nothing in this Bill, which shall extend to deprive either of the House of Parliament, or any of their Members, of their just ancient Freedom and Privilege of debating any Matters or Business which shall be propounded or debated in both or either of the said Houses, or at any Conferences or Committees of both or either of the said Houses of Parliament, or touching the Repeal or Alteration of any old or preparing any new Laws, or the redressing of any public Grievance; but that the said Members of either of the said Houses, and the Assistants of the House of Peers, and every of them, shall have the same Freedom of Speech, and all other Privileges whatsoever, as they had before the making of this Act."

ORDERED, That this House agrees to and confirms this Order.

The House was again adjourned into a Committee, for a further Debate of the said Bill.

The House being resumed;

The Lord Privy Seal reported, "That the Committee have proceeded further in Consideration of the said Bill; and, in the First Enacting Clause, have passed these Words ["That all and every Person or Persons, as well Peers as Commoners, that now do, or hereafter shall, hold and enjoy any beneficial Office or Employment, Ecclesiastical, Civil, or Military, or be a Privy Counsellor, or Justice of the Peace, within the Kingdom of England, Dominion of Wales, Town of Barwick upon Tweede, or in the Islands of Guernsey and Jersey, &c."]: And the Committee desires Liberty from the House to debate To-morrow Morning, whether Members of both Houses shall be included in this Clause."

And the House ORDERED, The Committee should proceed therein To-morrow Morning.

The Earl of Shaftsbury is added to the Committee for the Bill for Prevention of Frauds and Perjuries.

Howard, Lv. Petre's Servant, arrested.

Upon Complaint made to this House, "That Francis Howard, menial Servant to Mary Lady Petre Dowager, hath been arrested, by Robert Parmater Junior, One of the Sheriff of Essex' Bailiffs, at the Suit of Samuell Throsher, of Billereker, in Essex (now sitting the Parliament, contrary to the Privilege of Parliament):"

Parmater sent for.

It is thereupon ORDERED, That the said Robert Parmater be, and is hereby, required to appear at the Bar of this House, on Thursday the Sixth Day of this Instant May, at Ten of the Clock in the Forenoon, to answer to the said Complaint; and hereof he may not fail.

Throsher to be attached.

Upon reading the Petition of Mary Lady Petre Dowager, and William Lord Petre, as also upon Oath made at the Bar by Francis Howard and Thomas Upenden; it appearing, "That Samuell Throsher, of Billereker, in the County of Essex, hath caused him the said Francis Howard, menial Servant to the said Lady Petre, to be arrested, sitting the Parliament, contrary to the Privilege of Parliament; and uttered very contemptuous Words against the said Lady and Lord Petre:"

It is thereupon ORDERED, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Body of him the said Samuell Throsher, and bring him in safe Custody to the Bar of this House, to answer for his said Offence; and this shall be a sufficient Warrant on that Behalf.

Private Business, Judges constantly to attend.

ORDERED, That this House will (fn. 1) sit every Monday and Friday (during this Session), at Three of the Clock in the Afternoon, for hearing and dispatching of Private Matters and Causes; and that some of the Judges (Assistants to this House) be, and are hereby, appointed to be present in the House of Peers on each of the said Monday and Fridays, in the Afternoons.

Barret versus Ld. Loftus.

Whereas this House had appointed to hear Counsel upon the Petition and Appeal of Dacre Barret, alias Lennard, Esquire, depending in this House, and the Plea of the Lord Viscount Loftus of the Kingdom of Ireland, on Tuesday the Fourth Day of this Instant May:

This House being moved, on the Behalf of the said Lord Loftus, for some longer Time to prepare, and be ready for the said Hearing, it is thereupon ORDERED, That this House will hear Counsel on both Parts, upon the said Appeal and Plea, on Monday the Tenth Day of May Instant, at Three of the Clock in the Afternoon; whereof the said Lord Loftus is to cause timely Notice to be given to the said Dacre, alias Lennard, for that Purpose.

Dutch. of Cleveland Privilege. Vinson versus Channell & al.

Whereas John Channell Plumber, and Richard Gilson One of the Bailiffs belonging to the Court of Marshalsea, were, by Order of the 29th of April last, summoned to appear at the Bar this Day, for arresting Richard Vinson, Servant in Livery to her Grace the Dutchess of Cleaveland, sitting the Parliament (contrary to the Privilege of Parliament); it appearing, upon Oath made at the Bar, "That they the said John Channell and Richard Gilson were served with the said Order of Summons," and yet appeared not:

It is this Day ORDERED, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Bodies of the said John Channell and Richard Gilson, and bring them in safe Custody to the Bar of this House, to answer for their said Offence and Contempt; and this shall be a sufficient Warrant on that Behalf.

Goston versus Sedgwick, in Error.

Whereas, by virtue of His Majesty's Writ of Error returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this Court on the 23th Day of January, 1673 (with the Transcript thereof), wherein Judgement is entered for Thomas Sedgwick, against Thomas Goston; upon which Writ Errors being assigned, and Issue joined, and Day given to hear the said Errors argued at the Bar, the said Thomas Sedgwick appearing by his Counsel, but the said Thomas Goston not appearing, nor any Counsel for him:

It is thereupon Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement of the Court of King's Bench, given for the said Thomas Sedgwick, against the said Thomas Goston, be, and is hereby, confirmed; and that the said Transcript of the said Record of the Court of King's Bench, wherein Judgement is entered as aforesaid, be remitted; and that the said Thomas Sedgwick may thereupon proceed as if no such Writ of Error had been brought into this Court: And their Lordships do further adjudge, That the said Thomas Goston shall pay unto the said Thomas Sedgwick the Sum of Ten Pounds, for his Costs, by reason of his bringing the said Writ of Error into this Court, and not prosecuting thereof.

The Tenor of which Judgement, to be affixed to the Transcript to be remitted, followeth; (videlicet,)

"Postea, scilicet, Vicesimo Tertio Die Januarii, Anno dicti Domini Regis Vicesimo Quinto, Transcript. Record. & Processus prædict. cum omnibus ea tangentibus, Prætextu cujusdam Brevis dicti Domini Regis de Errore corrigend. per præsatum Thomam Goston in præmissis prosecut. dicto Domino Regi in præsenti Parliamento apud Westm. a prædicta Curia dicti Domini Regis hic transmissum fuit; prædictusque Thomas Goston, in eadem Curia Parliamenti per Thomam Johnson Juniorem Attornatum suum comparens, placitavit, quod ubi per Record. prædictum apparet quod Narratio prædicta & Materia in eadem contenta minus sufficiens in Lege existit, sicque Judicium prædict. in Forma prædicta reddit. ac tot. Process. superinde totaliter vacua & erronea in Lege existunt; & in hoc etiam, quod ubi per Recordum apparet quod Judicium prædictum in Forma prædict. reddit. fuit pro præfato Thoma Sedgwick versus præfat. Thomam Goston, tamen, per Legem hujus Regni Angliæ, Judicium illud reddi debuisset pro præfat. Thoma Goston versus præfat. Thomam Sedgwick, ideoque in eo manifeste est Erratum; ad quod prædictus Thomas Sedgwick, in eadem Curia Parliamenti per Thomam Callow Attornatum suum comparens, placitavit, quod nec in Recordo (fn. 2) in ullo est Erratum; super quo Dies datus suit per Curiam Parliamenti præfat. Thomæ Goston, ad audiendum Errores in Recordo & Processu prædict. assignat. usque Tertium Diem Maii, Anno dicti Domini Regis nunc Vicesimo Septimo, idemque Dies datus fuit præfato Thomæ Sedgwick; ad quam Diem, in eadem Curia Parliamenti apud Westm. prædict. venit prædictus Thomas Sedgwick, & prædict. Thomas Goston (licet solemniter exactus) non venit, nec est Breve suum de Errore ulterius prosecut.; propter quod consideratum est per Curiam Parliamenti prædicti, quod Record. prædict. nec non Processus prædict. a Curia Parliamenti prædicti prædicto Tertio Die Maii remittentur, & quod prædictus Thomas Sedgwick in Curia dicti Domini Regis coram ipso Rege haberet inde Executionem versus præfat. Thomam Goston, juxta Formam & Effectum Judicii prædicti, dicto Brevi de Errore ac Processu superinde habit. in aliquo non obstante; & ulterius per eandem Curiam Parliamenti consideratum est, quod prædictus Thomas Sedgwick recuperet versus præfat. Thomam Goston Decem Libras eidem Thomæ Sedgwick, pro Misis & Custagiis suis quæ sustinuit occasione Dilationis Executionis Judicii prædicti Prætextu Prosecutionis prædicti Brevis de Errore; ac superinde Record. & Processus prædict. Curiæ dicti Domini Regis per Curiam Parliamenti prædicti coram dicto Domino Rege ubicunque remittentur, & (fn. 3) eadem Curiâ dicti Domini Regis coram ipso Rege jam resident. &c."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, 4^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.

Lords take the Oath of Allegiance.

This Day, after the Adjournment of this House, these Lords whose Names are underwritten did, in the Presence of the Lord Keeper and a competent Number of His Majesty's Privy Council, kneeling at the Woolsack whereupon the Lord Keeper sits, take the Oath of Allegiance provided and mentioned in the Act of Parliament 3 Regis Jacobi.

The Gentleman Usher of the Black Rod held the Bible, and the Clerk of the Crown read the Oath.