House of Lords Journal Volume 3: 14 December 1621

DIE Veneris, videlicet, 14 die Decembris,

Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:

Report concerning Privileges.

THE Lord Privy Seal reported, That the Committee for Privileges, &c. had made a Collection, touching the Freedom belonging to the Lords Servants in the Time of Parliament, which were read by the Clerk, in hæc verba:

"How far it is conceived the Privilege of the Nobility doth clearly extend, concerning the Freedom of their Servants and Followers from Arrests.

The Lords Servants freed from Arrests.

"To all their Menial Servants, and those of their Family, as also those employed necessarily and properly about their Estates as well as their Persons.

"This Freedom to continue Twenty Days before and after every Session; in which Time the Lords may conveniently go Home to their Houses in the most remote Parts of this Kingdom.

"That all the Lords, after the End of this Session, be very careful in this Point, and remember the Ground of this Privilege, which was only in respect they should not be distracted, by the Trouble of their Servants, from attending the serious Affairs of the Kingdom; and that therefore they will not pervert that Privilege to the public Injustice of the Kingdom, which was given them only that the whole Realm might, in this High Court, draw the clearer Light of Justice from them; in which Case, every one ought rather to go far within, than any way exceed, the due Limits.

"That hereafter, before any Person be sent for in this kind, the Lord whom he serves shall, either by himself, or by his Letter, or by some Message, certify the House, upon his Honour, that the Person arrested is within the Limits of the Privilege before expressed.

"And for the Particulars, they must be left to the Judgement of the House, as the particular Cases shall come in Question, wherein the House wants not all Means, as well by Oath as without, to find out the true Nature of the Servant's Quality in his Lord's Service; and thereupon, if by the House it be adjudged contrary to their true Intent, any Member whatsoever must not find it strange, if, in such Case, both he himself suffer Reproof (as the House shall think fit), and his Servant receive no Benefit of the Privilege, but pay the Fees; whereas the Justice of the Kingdom must be preferred before any other personal Respect, and none to be spared that shall offend after so fair Warning."

This was read the Second Time, and directed to be entered as delivered to the House, as the Opinion of some of the Lords of the Committee for Privileges, &c. but suspended by the House to be entered as an Order of the House till they had taken further Consideration thereof.

No Person to be sent for before the Complainant put in Security to pay Costs, if he make not good the Complaint.

The Lord Keeper moved the House, That, if any Complaint be hereafter made, (fn. 1) the Party complained of shall not be sent for, unless the Complainant put in Security to pay Costs, if he proves not his Allegation; which was well approved of.

Nothing to be entered as an Order till the Speaker ask; and the House approve.

The House was also moved, That no Motion be entered as an Order, unless the Lord Keeper do first demand the Opinion of the Court, whether the same shall be allowed of as an Order or no? and then the same to be set down as an Order, and read; which was well approved also.

This Parliament was called for Supply of the Palatinate.

The Lord Digby put the Lords in Mind, That this Session was called for the present Support of the Palatinate, as was delivered by a Message from His Majesty unto both Houses at the Beginning thereof.

His Lordship likewise signified, That he hath since received many Advertisements of the great and present Danger the Palatinate is (fn. 2) likely to be in, as well by the Army of the Duke of Bavaria, in Pursuit of Count Maunsfeild; as also by the Army of that Count (who came for the Defence of the Palatinate), if he be not speedily supplied with Means from hence; for that, the Country not being able to pay his Soldiers, nor to feed so great an Army, he is thereby in some Distress for the Relief of his Men: That divers Treatises of Peace have been offered him, with fair Terms for himself, and yet he will not hearken to any, so long as he hath Hope to be relieved from hence, and may in any reasonable Time be assured thereof; with which Advertisements, and of the Danger and Hope of the Palatinate, his Lordship thought good (in Discharge of his Duty to the King) to acquaint their Lordships, and desired their Lordships to take the same into their Consideration.

To confer with the H. C. about the Palatinate.

The Lords, having duly weighed the same, it was Agreed (being first put to the Question), That there shall be a Meeting with the House of Commons, concerning this Narration made by the Lord Digby.

Lord Keeper to make Introduction, and Lord Digby the Narration.

It was also moved, and Agreed, That, at the said Meeting, the Lord Keeper shall first make an Introduction, and then the Lord Digby shall proceed in his Narration to the Commons.

The Lord Digby desired to be directed by the House, or by a Committee, for this his Narration. It was Agreed, That his Lordship shall set down the Heads thereof in Writing against To-morrow Morning.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 15^m diem instantis Decembris, hora nona, Dominis sic decernentibus.